^'^ 
 
jW 
 
 George Washington Flowers 
 Memorial Collection 
 
 DUKE UNIVERSITY LIBRARY 
 
 ESTABLISHED BY THE 
 
 FAMILY OF 
 
 COLONEL FLOWERS 
 
L 
 
 Digitized by the Internet Archive 
 in 2010 with funding from 
 Duke University Libraries 
 
 .^ 
 
 http://www.archive.org/details/codeofstateofgeoOOgeor 
 
/ J).*1^^'^ • 
 
 .u 
 
THE CODE 
 
 OF THE 
 
 STATE OF GEORGIA 
 
 PRKPABKD BY 
 
 R. H. CLARK, T. R. R. COBB and D. IRWIN. 
 
 ATLANTA, GEORGIA: 
 PUBLISHED BY JOHN H. SEALS. 
 
 CRUSADER BOOK AND JOB OFFICE. 
 1861. 
 
 i 
 

 PREFACE. 
 
 By an Act of the General Assembly, assented to 9th December, 1858, pro- 
 vision was made for the election of three Commissioners, "to prepare for 
 the people of Georgia a Code, which should as near as practicable, embrace in 
 a condensed form, the Laws of Georgia, whether derived from the common 
 Law, the Constitutions, the Statues of the State, the decisionsof the Supreme 
 Court, or the Statutes of England, of force in this State." 
 
 David Irwin, Hon. Herschell V. Johnson, and Tverson L. Harris, were elec- 
 ted Commissioners, under the provisions of this Act. The last two named, 
 declining the position, Ilis P^xcellcncy, Governor Brown, supplied the vacan- 
 cies by the appointment of Thomas R. R. Cobb, and Richard 11. Clark, who 
 were also elected by the Legislature at its session next after they were a))- 
 pointed. 
 
 Thus organized, the Commissioners commenced the work assigned them. 
 
 Looking alone to the words of the Act, the object contemplated by the Leg- 
 islature swelled into a project, the magnitude of which would have deterred 
 the boldest adventurer, if its accomplishment did not strike his mind as being 
 utterly impossible. The commissioners, however, did not believe, that such a 
 construction of the Act was a proper interpretation of the Legislative will, but 
 construed it as requiring a Code, which should embody the great fundamen- 
 tal principles of our jurisprudence from whatsoever source derived, together 
 with such Legislative enactments of the State, as the wants and circumstan- 
 ces of our people had from time to time, shown to be necessary and proper. 
 
 Such a Code will furnish all the information, on the subject of Law. required 
 either by the citizen, or the subordinate Magistrate. 
 
 Thus interpreting the Act of the Legislature prescribing their duties, the 
 Commissioners entered upon the discharge of those duties, seeking not only to 
 condense, and arrange, the verbose, and somewhat chaotic mass of the Statutes 
 of Georgia, but also to interweave therewith, those great leading principles of 
 jurisprudence, necessary to HU out and make perfect the body of our laws, of 
 which the Statutes constituted but disjointed parts. 
 
 In such an undertaking, the Commissioners could not hope for complete 
 success, but to attain it as near as possible, they have spared neither painsta- 
 king or labor. How far they have succeeded in their efforts is submitted to 
 the judgment of a generous profession, and a generous public, 
 
 The Code is divided into four parts as follows ; 
 
iv PREFACE. 
 
 PART I. — TnB Political axd Public Oeganization of the State; 
 Which treats of the Boundary, Divisions, Subdivisions of the State, and the 
 municipal organization, and regulations thereof. 
 
 PART II. — The Civil Code; Which treats of rights, wrongs, and remedies. 
 
 PART III. — The Code opPBAcncE; Which treats of the various methods 
 of enforcing rights, and redressing wrongs, together with the law of Pleading 
 and Evidence, and the practice of the Courts. 
 
 PART IV. — Pexal Laws; Which treats of Crimes and Misdemeanors, 
 Trial and Punishment, and it is subdivided into : First. — Penal Code for the 
 Trial and Punishment of white persons, to which is added a XVI Division, 
 containing the Proceedings in Preliminary Courts. Second. — Laws for the gov- 
 ernment of the Penitentiary. Third. — Penal Code for Slaves, and Free jjersons 
 of color. 
 
 In the preparation of this work, the Commissioners have endeavored to ar- 
 range the various subjects, under oppropriate Titles, Chapters, Articles, and 
 Sections, except tlie Penal Code, in Avhich for the j)urpose of convenient} refer- 
 eiiee, the original Divisions have been retained. 
 
 The paragraphs are numbered from the beginning to the end of the book. 
 
 Thus prepared, the Code, after a thorough and laborious examination by ai 
 Legislative committee, Avas submitted to the Legislature, and on the 19th of 
 December, 1860, was "adopted as the Code of Georgia, to be of force, and 
 take eflect on the 1st day of January, 1802." 
 
 The adopting statute further provided : That all laws and resolutions of a 
 public and general character, passed at the session of the Legislature, in the 
 year 1800, and also the Laws of Georgia, having reference to the City of Sa- 
 vannah, should be incorporated in, and made part of the Code, and that the 
 duties and powers of the Commissioners should be continued to that end, with 
 authority to place the same in the Code, in proper form and connection, and 
 to correct any conflicts that might be created thereby, with existing provis- 
 ions. 
 
 f)n the 18th of March, 18G1, a convention of the jteople, then in session : 
 
 Jiesolved, That in the publication of the Code, it should be made to con- 
 form to the Government of the Confederate States, instead of the Govern- 
 ment of the United States, from which Georgia had then but recently seceded, 
 and also that the Constitution of the Confederate States, should be publislied 
 as part of the Code. 
 
 A compliance with tliese provisions, required an almost entire revision of 
 the Code, and added greatly to the labor, as well as to the difficulties in the 
 way of perfect success. 
 
 It is but an act of justice to the Publislier to state, that the typographical 
 errors which appear in the book, are mainly attributable to the frequent change 
 of Printers during the ])rogress of its publication, resulting from the excited 
 
PREFACE. 
 
 and unsettled state of our national affaire. No less than eleven Printers, who 
 were at one time or another, engaged in printing this Code, are now in tlie 
 service of the Confederate States. 
 
 The errors alluded to, have been corrected in an Errata,, which will he 
 found at the end of the Index, and to which the special attention of the read- 
 er is invited. 
 
 Many of the Rules of the Supreme and Su])erior Courts, having been su. 
 perceded hy Legislative enactments, and decisions of the Courts, and others 
 being embodied in this code under appropriate lieads, it is believed that the 
 rules of both courts should \mdergo a revision by the proper authorities, and 
 therefore they are omitted in tliis book. 
 
 As constant reference will be made to the Code, not only by the Bench and 
 Bar of the State, but also by the various public officers, and citizens who are 
 not Lawyers, the commissioners have endeavored to make the Index coj^ious 
 and full, and to distribute the matter under as many heads as it could be ap- 
 propriately placed, in order that what is sought for, may be readily found. 
 
 The commissioners submit to the people of Georgia the result of their la- 
 bors, and ask for it a patient examinaiion, sufficient at least to understand the 
 plan, arrangement and execution of the work, and if after that, it be not ap- 
 proved by the public, they can but regret it. 
 
 REPORT OF THE COMMITTEE. 
 
 To the General Asscinhly of tlm State of Georgia. 
 
 The committee appointed under the resolution of the last session of this Gen- 
 eral Assembly, (assented to 16th Dec. 18S9,) to meet the Commissioners ap- 
 pointed under an Act to provide for the Codification of the Laws of Georgia, 
 (approved 19th of Dec. 1S5S,) at the capital in Milledgeville, at least twenty 
 days before the meeting of this present session of the General Assembly, for 
 the purpose of revising and fully examining said Code, respectfully report ; 
 
 That they have discharged the duty devolved upon them by said resolution 
 and the following is the result of their investigations. 
 
 Referring to said Act, of 9th of December 1858, your Committee find that 
 it was made the duty of the Commissioners, thereby appointed to prejsare for 
 the people of Georgia a Code which shall, as near as possible embrace in a con- 
 densed form, the Laws of Georgia, whether derived from the Common Law, 
 the Constitution of the State, the Statutes of the State, the decisions of the 
 Supreme Court, or the Statutes of England, of force in this State. 
 
 With this enlarged and extensive chart of the powers and duties of said 
 Commissioners before your Committee, and as directory, as well to compilation 
 
^ PREFACE. 
 
 •xs in the revision and examination of said Codo, they caused each and every 
 section thereof to he fully and carefully read before them, and they present as 
 their unanimous conclusion that said Commissioners have kept themselves fully 
 and carefully within the pale of the powers and duties conferred. 
 
 The min-'linff together in condensed and intelligible form the common and 
 statute Laws, Constitutional provisions and Court Decisions, and thus to place 
 the ^hole body of all the Law within the reach of the people was in the opin- 
 ion of your Committee the great end aimed at by the Legislature, and this 
 end has been kept in view, and to every practicable and attainable extent ably 
 and efficiently accomplished by the Commissioners. ^ . ^ 
 
 A Code so entirely extensive in its aims and purposses as to deiine in inteligi- 
 ble form and language out of the body of the great system of the Common Law, 
 existincr time whereof the memory of man runneth not to the contrary, mischiefs 
 and rights, duties and obligations and to present in intimate and close connec- 
 tion therewith Constitutional and statutory provisions, and the Judicial exposi- 
 tion and construction thereof, for their redress and enforcement, is of rare, if not 
 in the Code now presented, of original occurrence. Your Committee intend 
 to say, that it has not been before so extensively attempted, that the cit- 
 izen should be referred to the Avhole embodiment of the Law in a single vol- 
 ume to be exactly informed what are his rights in any and every exigency, and 
 what his remedies for their enforcement and protection. And it need hardly 
 be added that to the large degree in which the offered Code accomplishes this 
 crreat desideratum, it must and will commend itself to public approval and ac- 
 ceptance. As your Committee have said in the discharge of the duties de- 
 volved upon them, they caused each and every section of the Code to be read 
 before them, and at the option, or upon the suggestion of any one of its mem- 
 bers its sections were discussed, canvassed and amended, enlarged and res- 
 tricted by a vote of the majority ; and your Committee will add, that the Cod- 
 ifers themselves being present, with scarce a single exception, approved, ac- 
 quiesced in, and adopted all such suggestions, alterations, modifications, en- 
 largements, or restrictions, as your Committee thought proper to make. 
 
 Beyond what has been said, the limits of this report will not authorize your 
 Committee to enlarge. 
 
 As "the result of their investigations," and in full view of the delicate res- 
 ponsibilities thereby incurred, specially if their further suggestions shall receive 
 Legislative approval, they do not hesitate with entire unamimity to report that 
 the Commissioners have ably, faithfully, and efficiently discharged the arduous 
 duties imposed upon them, and with like unanimity"recommend the Legislative 
 sanction and adoption of that which they present as "The Code of Georgia." 
 
 In the further anxious dischargoof their duties, the thoughts of your Commit- 
 tee have been necessarily turned to consider the mode, in and by which, this 
 can be done. 
 
 The importance of a knowledge of the contents of the Code to a satisfactory 
 and well considered vote for its adoption by each membor of the Legislature, 
 
PREFACE. vii 
 
 has on the one hand pressed strongly upon »is, while on the other, the ntter 
 impossibility of canvassing and considering within any reasonable period of 
 time, the four thousand paragraphs embraced therein, has presented an obsta- 
 cle almost, if not absolutely insurmountable. 
 
 The mere reading of the manuscript to inform and enlighten the Legislative 
 mind as to its provisions, would occupy more than half the time limited by the 
 Constitution to a Legislative Session. Such reading, accompanied by the un- 
 questioned power to amend and discuss according to the varied opinions and 
 policy of our three hundred members, it need hardly be said would occupy, to 
 nay the very least, more than all the time thus limited. 
 
 In the opinion then, of your Committee, to read withoiit amendment, and 
 discussion, would be idle and useless waste of time and money ; and to read, 
 amend and discuss, impracticable. 
 
 Entertaining these opinions, and seeking the best solution of the difficulties, 
 your Committee were naturally, to refer to the precedents set and acted upon 
 by your sister States under similar circumstances. So far as such precedents 
 will sanction and justify the recoinmcndation to which they are led, they have 
 been pleased to find that in almost every State, Revised Codes have been adopted 
 by a simple LegisLitive Act, such as your Committee offer with this Report, 
 and upon the action and report of a committee, leaving other considerations, 
 amendments and discussions, of course, to the power and wisdom of the Leg- 
 islature after publication. 
 
 With the exception of Virginia, your Committee believe that the action of 
 the States has been uniformly such as they now recommend. Li that State the 
 other policy was pursued. Each section of its Code was subjected to a thor- 
 ough revision, and separate adoption by its w^hole Legislative Department. 
 The result was that its session was extended to a period over six months, and 
 of course at a very great cost to the State. Your Committee from a partial 
 and cursory examination of the Code of that State will be permitted to add, 
 in no censorious spirit, that the benefit of this course is not manifest in the 
 results. Other Codes adopted upon the plan which your Committee feel con- 
 strained to suggest, compare most favorably with this Code of Virginia. 
 
 Your Committee believe that they could give satisfactory reasons for the 
 opinion entertained, that the labor, time and money which nught be expended 
 in a Legislative reading, revision and examination of the Code, might be really 
 detrimental, rather than beneficial to its efficiency, harmony, and entire plan 
 and structure. But the limits of a report forbid all such attempts. 
 
 If the Code now presented were a new system of jurisprudence, or had the 
 Commissioners attempted to graft upon our system any new features extract- 
 ed from others, and unharmonious Avith our own, or even if alterations in a 
 well defined public policy had been attempted, your Committee would have 
 paused, hesitated to recommend the mode of adoption suggested, without at 
 least calling the special attention of the Legislature to such new and essential 
 changes. 
 
VIU 
 
 PREFACE. 
 
 But at an early stage of our revision and examination, the Codifers announ- 
 ced the leading principle by which they had attempted to guide their labors, 
 and your Committee report the same prominent in all the amendments and 
 changes made at their suggestion. This principle was, to attempt no change 
 or alteration in any well defined rule of law which had received Legislative 
 sanction or judicial exposition, and to add no principle or policy which had re- 
 ceived the condemnation of the former, or was antagonistic to the settled de- 
 cisions of the latter. 
 
 The prominent and leading power of change exercised in construction and 
 revision, has been to cut and unravel Gordian knots, resulting from conflict- 
 ing decisions of the Courts, to reconcile actual and apparently discordant leg- 
 islation, harmonizing all conflicts to what seemed to be settled and favored 
 public policy ; to remedy existing defects by wise and harmonious provisions, 
 and to supply omissions which the practice and experience of the Courts had 
 discovered and made manifest in existing legislation. In short, the great end 
 and aim has been to reconcile, harmonize, render consistent the body of the 
 Law, so as to give shape and order, system and efliciency, to the sometimes 
 crude, and often ill expressed, sovereign will of the State. 
 
 A settled conviction on the mind of your Committee that the Codifiers 
 have, to a degree as complete and perfect as might reasonably be expected, 
 accomplished these and like ends, has won for the Code as an entirety their 
 cordial and unanimous approval. Your committee will not conceal that some 
 particular sections and provisions have not met this unanimous concurrence. — 
 When difterences arose, careful and anxious consideration and discussion fol- 
 lowed, and minorities did not hesitate to yield ; all being satisfied that as a 
 whole, the Code was entitled to and should receive, as it does receive, their 
 unanimous and unqualified approbation and recommendation. 
 
 Your Committee fully believe that such would be the result of any exami- 
 nation and revision by the Legislative Department. 
 
 Your Committee do not deem it inappropriate to their duties to add, that 
 the proper printing and publication of the Code, if adopted, becomes a sub- 
 ject of much interest and importance. Its plan and structure accompanies 
 this Report. A reference thereto will render most manifest the necessity in 
 the publication of rigidly adhering to the plan. The numerical order of its 
 paragraphs, and its references in one title, section, or paragraph, to another, 
 must be preserved. In the use and value of the Code, its Index becomes of 
 tho highest importance. 
 
 These and like considerations and reflections lead your Committee to sug- 
 gest that none other than those who constructed the Code, who devised its 
 plan, and are familiar with its details and manuscript, can so well superintend 
 its publication and prepare its index. Your Committee have further to add 
 that it is provided in the Code itself that it shall not take effect until the 1st 
 of October, 1861, thus giving time for its publication. 
 
PREFACE. 
 
 IX 
 
 It is further provided, and your committee think wisely, to meet any insuf- 
 ficiency of the Code, that all questions not embraced or "provided for therein, 
 shall be decided and settled by existing laws, and that the Code does not 
 interfere with or in any manner abrogate or repeal local legislation. 
 
 If in the views thus presented by your Committee, they "shall have tl)e con- 
 currence of the Legislature, they present as part of this Report, a Bill t(^ 
 adopt the Code, and a Bill to ])rovid(3 for its publication. 
 All of which is respectfully submitted. 
 
 MINES HOLT, 
 DANL. S. PRIXTUP, 
 W. W. PAINE, 
 
 Committee on part of Senate. 
 GEO. X. LESTER, 
 ISIIAM S. FAXXIX, 
 Vr. G. DELOXY, 
 M. W. LEWIS, 
 C. N. BROYLES, 
 C. J. WILLIAMS, 
 
 Committee on part of House. 
 
 THE ACT ADOPTIXG THE CODE. 
 
 An Act to approve, adopt and make of force, in the State of Georgia, a Re- 
 vised Code of Laws, prepared under the direction, and by authority of the 
 General Assembly thereof; and for other purposes therewith connected. 
 Section 1. The General Assembly of the State of Georr/ia do enact, That 
 the Revised Code of Laws prepared under its authority, by Richard H. Clark, 
 Thos. R. R. Cobb, and David Irwin, Esqr's., and revised and fully examined 
 by its committee, and recommended and reported for adoption, (the manu- 
 script whereof now being on file in the Executive Department,)' be, and' the 
 same is hereby adopted, as the Code of Georgia ; to be of force and take ef- 
 fect, on the first of January, 1862.. 
 
 Provided, That the adoption of the Code, shall not operate so as to ]-ei)eal 
 an act, entitled an act to define the liability of the husband for the debts of 
 the wife, and to define the liability of the i)roperty received tln-ouo-h the Mife 
 for the debts of the husband, existing at the time of the marriage, api)roved 
 2Sth February, 1856 ; or to punish any Judge, Justice, ©r Minis^ter, for join- 
 mg m marriage any female under the age of twenty-one, without the consent 
 of her father or guardian.* 
 
 Section 2. And he it further enacted. That all laws and resolutions of a i)ub- 
 
PEEFACE. 
 
 lie and general character, passed at this present Session of the General As- 
 sembly, be incorporated in and made part of said Code ; and that the duties 
 and powers of the Codifiers, be continued to that end, with authority to place 
 the same in proper and appropriate form and connection, and to correct any 
 conflicts Avhich may be created thereby, with its existing provisions. And 
 that the performance of tlie further duties by said Codifiers, as required in 
 this section, be submitted to the revisal, examination and approval of His Ex- 
 cellency, the Governor, before the publication of said Code. 
 
 Section 3. Be it further enacted^ That the laws of the State of Georgia, 
 having reference to the city of Savannah, &c., as codified by order of the 
 City Council of Savannah, by the city Attorney of Savannah, be, and the 
 same is hereby declared and made a part of the Code of Georgia, and the 
 laws thereof, the manuscript copy whereof, is now on file in the Executive 
 Office. 
 
 Assented to Dec. 19th, 1860. 
 
 *The Code, as published, contains the provisions of the Act of Feb. 28th, 1856, — Sec. 1701 
 — and the clause for the punishment of Judges, and others, for joining in marriage, females un- 
 der 21 years, without the consent of their parents, is omitted. By the act of 1861, the ope- 
 ration of the Code is suspended until the 1st JamiarTi-, 1863. 
 
y*^\<H'tr.i'iiA 
 
 TABLE OF CONTENTS. 
 
 GENERAL PRELIMINARY PROVISIONS. 
 
 PART FIRST. — The Political and Public ORGAinzATioN of the State. 
 
 PART SECOND.— The CrviL Code. 
 
 PART THIRD.— The Code of Practice. 
 
 PART FOITRTn.— The Penal Laws. 
 
 PART FIRST. 
 
 TUE POLITICAL AND PUBLIC ORGANIZATION OF THE STATE. 
 
 TITLE I. 
 
 DIVISIONS AND JURISDICTIONS. 
 
 Chapter 1. — Of the Boundary, Sovereignty 
 
 and Jurisdiction 5 
 
 Article 1. The boundary of the State. 5 
 Article 2. The sovereignty and juris- 
 diction of the State 7 
 
 Article 3. Coast Survey 7 
 
 Chapter 2.— The Political and Judicial Di- 
 visions of the State g 
 
 Article 1. Counties 9 
 
 Article 2. Congressional Districts 12 
 
 Article 3. Judicial Districts and Cir- 
 cuits 14 
 
 TITLE II. 
 
 CITIZENSHIP. 
 
 Chapter 1. — Who are Citizens 14 | Chapter 2. — Expatriation.. 
 
 TITLE III. 
 
 THE EXECUTIVE DEPARTMENT. 
 
 16 
 
 Chapter 1. — The Governor, his Powers and 
 
 Duties 16 
 
 Chapter 2. — The Executive Office, and res- 
 idence of Governor 21 
 
 Chapter 3.— State House Officers 21 
 
 Article 1 . Secretary of State 21 
 
 Article 2. Treasurer 23 
 
 Article 3. Comptroller General 26 
 
 Article 4 Surveyor General 30 
 
 Chapter 4. — Of other officers of the Exec- 
 utive Department 31 
 
 Article 1. State Librarian 31 
 
 Article 2. Governor's Messenger, and 
 
 State House Guard 32 
 
 Chapter 5.— General Regulations as to Offi- 
 ces and Officers 33 
 
 Article 1. Of Eligibility, Qualification, 
 Commissions, &c 33 
 
 Article 2. Official Oaths 36 
 
 Article 3. Official bonds, and discharge 
 of sureties 38 
 
 Article 4. Delivery of books to suc- 
 cessors 42 
 
xu 
 
 CONTENTS. 
 
 TITLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Chapter 1. — Of the General Assembly. 
 
 . . 43 I Chapter 2. — Subordinate OfBcera of the 
 
 I General Assembly 46 
 
 TITLE T. 
 
 JUDICIAL DEPARTMENT. 
 
 Chapter 1. — General Provisions as to the 
 
 Judicial Power 48 
 
 Chapter 2. — The Supreme Court and its 
 
 OfBcers 49 
 
 Article 1 . The Supreme Court and its 
 
 Judges 49 
 
 Article 2. The Clerk 51 
 
 Article 3. The Reporter 53 
 
 Article 4. The Sheriff. 54 
 
 Chapter 3. — The Superior Courts and Offi- 
 cers 54 
 
 Article 1. The Judges .■ . 54 
 
 Article 2. The Clerks 58 
 
 Article 3. The Receiver 63 
 
 Chapter 4. — The Inferior Courts and Offi- 
 cers 6* 
 
 Article 1. The Court and its Justices. 64 
 
 Article 2. The Clerk 67 
 
 Chapter 5.— Tlie Ordinary 69 
 
 Article 1. The Ordinary and his Court 69 
 
 Article 2. As Clerk ; 12 
 
 Article 3. As School Commissioner. . 74 
 Chapter 6. — Sheriffs and their Deputies . . . 75 
 Chapter 7. — Statos's Attorneys and Attor- 
 neys at Law 79 
 
 Article 1. Attorney General 79 
 
 Article 2. Solicitor General 80 
 
 Article 3. Attorneys at Law 84 
 
 Chapter 8. — Justices of the Peace and 
 
 Constables 91 
 
 Article 1. Justices of the Peace and 
 
 their Courts 92 
 
 Article 2. Constables 97 
 
 Chapter 9. — Corporate Courts 99 
 
 TITLE YI. 
 
 COUNTY ORGANIZATION. 
 
 Chapter 1.— Militia Districts 100 
 
 Chapter 2. — Incorporation of Counties, 
 
 Contracts, and Property 101 
 
 Cliapter 3. — County Revenue 104 
 
 Article 1. From Taxation 104 
 
 Article 2. From other sources 107 
 
 Chapter 4. — Certain County Officers 110 
 
 Article 1. Treasurer 110 
 
 Article 2. Surveyor 115 
 
 Article 3. Coroner 117 
 
 Chapter 5. — Public Roads, Bridges, and 
 
 Ferries 120 
 
 Article 1. Public Roads 120 
 
 Article 2. Road Commissioners and 
 
 their duties 12S 
 
 Article 3. Bridges and Ferries 131 
 
 Article 4. Railroad Crossings 136 
 
 Article 5. Private Ways 138 
 
 Chapter 6.— The County Poor 141 
 
 TITLE YII. 
 
 PUBLIC REVENUE. 
 
 Chapter 1.— Taxation by the State 144 
 
 Article 1. Persons and property ex- 
 empt 144 
 
 Article 2. Persons and property taxed 145 
 Article 3. Taxes on banks, railroads, 
 
 &c 147 
 
 Article 4. Taxes, how returned and 
 
 collected 149 
 
 Article 5. Delinquent tax-payers, and 
 proceedings against them 156 
 
 Article 6. Delinquent Collectors and 
 
 Receivers 159 
 
 Article 7. Tax Receivers 161 
 
 Article 8. Tax CoUectors 163 
 
 Article 9. Compensation of Collectors 
 
 and Receivers 165 
 
 Article 10. Miscellaneous provisions. 166 
 Chapter 2. — Revenue from other sources . . 166 
 
 TITLE YIIL 
 
 THE PUBLIC DEBT. 
 
 Chapter 1. The Public Debt. 
 
 169 
 
CONTENTS 
 
 xm 
 
 TITLE IX. 
 
 PUBLIC PROPERTY. 
 
 Chapter 1.— Public buildings 172 
 
 Chapter 2.— The lands of the State 172 
 
 Chapter 3. — The Western and Atlantic R. 
 
 R., and its government 173 
 
 Chapter 4. — Stocks and other funds . 
 Chapter 6. — Other public property. . 
 
 182 
 
 182 
 
 TITLE X. 
 
 PUBLIC PRINTING. 
 
 Chapter 1.— The Public Printer, his duty , Chapter 3.— The Compiler 186 
 
 and compensation 183 | Chapter 4. — Distributien of laws and oth- 
 
 Chapter 2. — Other printing 186 | er documents 181 
 
 TITLE XL 
 
 PUBLIC DEFENCE. 
 
 Chapter 1. — Persons subject to duty, ex- 
 emptions, &c 189 
 
 Chapter 2. — Military organization 192 
 
 Article 1. Military force, and how 
 
 composed 193 
 
 Article 2. The Volunteers 193 
 
 Article 3. Cavalry Corps 198 
 
 Article 4. The Militia 199 
 
 Article 5. Elections 201 
 
 Chapter 3. — Organization of the Staff of the 
 
 Militia 202 
 
 Chapter 4.— Courts Martial 205 
 
 Chapter 5 —Preservation of order at parade 207 
 Chapter 6. — Provisions of local application 208 
 Chapter 7. — Miscellaneous provisions. . . . 210 
 Chapter 8. — The public arms and arsenals 214 
 
 TITLE XII. 
 
 EDUCATION. 
 
 Chapter 1. — University of Georgia 215 
 
 Chapter 2. — Georgia Mihtary Institute. . . 219 
 
 Chapter 3. — Academy for the Blind 223 
 
 Chapter 4. — Academy for Deaf and Dumb. 225 
 
 Chapter 5. — County Academies 226 
 
 Chapter 6. — Common Schools, and educa- 
 tion of the poor 227 
 
 Chapter 6. — 
 Article 1 
 Article 2 
 Article 3 
 
 Education Fund 22T 
 
 How paid out 229 
 
 Educational Fund of the 
 
 Counties 229 
 
 Article 4. How managed 230 
 
 Article 5. Beneficiaries of the Fund. . 233 
 
 TITLE XIIL 
 
 ELECTIONS BY 
 
 Chapter 1. — Qualification of voters 235 
 
 Chapter 2. — Elections of members of the 
 
 General Assembly, 236 
 
 Chapter 3. — Elections for Governor, Mem- 
 bers of Congress, Electors of President, 
 
 Vice President, Judges and Solicitors. . 240 
 
 Article 1. Provisions applicable to all. 240 
 
 Article 2. For Governor 240 
 
 Article 3. For Members of Congress. 241 
 
 THE PEOPLE. 
 
 Article 4. Electors for President and 
 
 Vice President 242 
 
 Article 5. Judges of Superior Court 
 
 and Solicitors General 243 
 
 Chapter 4. — For Justices of the Inferior 
 
 Court, Ordinary and County Officers. . . 244 
 Chapter 5. — Justices of the Peace and 
 
 Constables 245 
 
 Chapter 6. — Contested Elections 246 
 
 TITLE Xiy 
 
 ELECTIONS BY THE GENERAL ASSEMBLY. 
 
 Chapter 1. — For Confederate States Sena- I Chapter 2. — Other Oflicers 
 
 tors 248 
 
 24& 
 
XIT 
 
 CONTENTS. 
 
 TITLE XV. 
 
 POLICE AND SANITARY REGULATIONS. 
 
 Chapter 1. — Lunatic Asylum 249 
 
 Article 1. The Trustees 249 
 
 Article 2. Superintendent 250 
 
 Article 3. Admission and disposition 
 
 of patients 251 
 
 Chapter 2. — Health, Hospitals, Infection 
 
 and Quarantine 254 
 
 Chapter 3. — Free negro seamen and immi- 
 grants 258 
 
 Chapter 4. — Physicians and Druggists 260 
 
 Chapter 5. — Goyernment of slaves and 
 free negroes 263 
 
 Chapter 5. — 
 
 Article 1. Patrol laws 263 
 
 Article 2. Other Police regulations. . . 266 
 
 Chapter 6. — Tavern and Retail License. . . 267 
 
 Chapter 7.— Bstrays • • 269 
 
 Chapter 8. — Marks and brands 271 
 
 Chapter 9. — Enclosures aud fences 271 
 
 Chapter 10. — Firing the woods 272 
 
 Chapter 11.— Mills and Millers 273 
 
 Chapter 12.— Gunpowder 273 
 
 TITLE XYL 
 
 REGULATIONS OF AGRICULTURE, TRADE, AND COMMERCE. 
 
 Chapter 1. — Banks and Banking 274 
 
 Article 1. Bank retxirns 274 
 
 Article 2. Obligations and Penalties. . 276 
 Article 3. Forfeiture of Charters, and 
 
 Hability of Stockholders 278 
 
 Chapter 2.— Notaries Public 280 
 
 Chapter 4. — Ships and seamen 282 
 
 Article 1. Pilotage 282 
 
 Articla 2. Seamen 291 
 
 Chapter 5. — Inspection 295 
 
 Article 1. Flour and grain 295 
 
 Article 2. Wood, Tobacco, &c 297 
 
 Article 3. Liquors 300 
 
 Chapter 6. — Weights and Measures 302 
 
 Chapter 7. — Regulations for particular 
 
 branches of trade and agriculture 303 
 
 Article 1. Cotton, Rice, &c 303 
 
 Article 2. Cultivation of Rice 305 
 
 Article 3. Oysters and Turtle 307 
 
 Article 4. Fishing 308 
 
 Article 5. Boats and Crews 309 
 
 Article 6. Peddlers 3] 
 
 TITLE XYIL 
 
 SALARIES AND FEES OF OFFICERS. 
 
 Chapter 1. — Executive Department and 
 Officers thereof 312 
 
 Chapter 2. — Other officers appointed by 
 the Governor 312 
 
 Chapter 3. — Officers not appointed by the 
 
 Governor but paid by the State 313 
 
 Chapter 4. — The Legislative Department. . 313 
 
 Chapter 5. — The Judicial Department. . . . 314 
 
 PART SECOND, 
 
 CIVIL CODE. 
 
 TITLE I. 
 
 OF PERSONS. 
 
 Chapter 1. — Of the diflerent kinds of Per- 
 sons ; their Status and Rights 316 
 
 Article 1. Of Citizens 316 
 
 Article 2. Of Aliens and Residents. . 317 
 
 Article 3. Of Slaves, and Free Per- 
 sons of Color 319 
 
 Article 4. Of Coi-porations 323 
 
 Chapter 2. — Of Domicil, and the manner 
 of changing the same 328 
 
CONTENTS. 
 
 XV 
 
 TITLE II. 
 
 OF THE DOMESTIC RELATIONS. 
 
 Chapter 1.— Of Husband and Wife 330 
 
 Article 1. Of Marriage and Divorce. . 330 
 Sec. 1. Marriages — how and by 
 
 whom contracted 330 
 
 Sec. 2. Divorces, and how obtained 333 
 
 Sec. 3. Of Alimony 336 
 
 Article 2. Of the Rights and Liabili- 
 ties of Husband and Wife, and 
 
 herein of Dower 338 
 
 Article 3. Of Marriage Contracts and 
 
 Settlements 342 
 
 Chapter 2.— Of Parent and Child 344 
 
 Article 1. Legitimate Children, and 
 
 heroin of Adoption 344 
 
 Article 2. Illegitimate children, or bas- 
 tards 347 
 
 Chiapter 3. — Of Otiardian and Ward 343 
 
 Article 1. Guardians and Minors. .. . 343 
 Soc. 1. How and by whom appoin- 
 ted 355 
 
 Sec. 2. Their Powers, Dutiea and 
 
 Liabilities 355 
 
 Sec. 3. Settlements, Resignation, 
 and Letters of Dismission 35G 
 
 Article 2. Guardians of Lunatics and 
 Idiots 358 
 
 Article 3. Guardians of Free Persons 
 of Color 362 
 
 Article 4. Foreign Guardians 364 
 
 Chapter 4. Of Master and Servant 365 
 
 Article 1. Indented Servants and Ap- 
 prentices 365 
 
 Article 2. Laborers in Factories. . . . 366 
 Chapter 5.— Of Master and Slave 367 
 
 .Article 1. Of the relative Duties of 
 Master and Slave 367 
 
 Article 2. Of the Rights and Liabili- 
 ties of Master as to third persons. . 369 
 
 Article 3. Of Maiumission 372 
 
 Article 4. Of Fugitive or Runaway 
 Slaves 372 
 
 TITLE IIL 
 
 OF RELATIONS ARISING FROM OTHER CONTRACTS. 
 
 Chapter 1.— Of Partnership 375 
 
 Article 1. General Principles 375 
 
 Article 2. Rights and Liabilities of 
 
 Partners among themselves 377 
 
 Article 3. Rights and Liabilities as to 
 
 third Persons 378 
 
 Article 4. Limited Partnerships 379 
 
 Chapter 2.— Of Debtor and Creditor 385 
 
 Article 1. General Principles 385 
 
 Article 2. Acta void against Creditors. 386 
 Article 3. Mortgages and other Liens. 388 
 
 Sec. 1. Mortgages 388 
 
 Sec. 2. Other Liens 390 
 
 Article 4. Insolvent Debtors 394 
 
 Sec. 1 . How discharged 394 
 
 Sec. 2. Prison Bounds 397 
 
 Sec. 3. Property exempt from sale . 398 
 
 Article 5. Interest and Usury 400 
 
 Chapter 3.— Of Bailments 401 
 
 Article 1. General Principles 401 
 
 Article 2. Of Carriers, and herein of 
 
 R. R. and Steamboat Go's 402 
 
 Article 3. Of Hiring 405 
 
 Article 4. Of Deposits 409 
 
 Article 5. Of Loans 41 1 
 
 Article 6. Of Mandates, Pledges or 
 
 Pawns 412 
 
 Chapter 4. — Of Principal and Surety 414 
 
 Article 1 . Of the Contract 414 
 
 Article 2. Relative Rights of Creditor 
 
 and Surety 415 
 
 Article 3. Rights of Surety against 
 
 Principal 416 
 
 Article 4. Rights of Sureties among 
 
 themselves 419 
 
 Article 5. Riglits of Sureties as to 
 
 third persons 419 
 
 Chapter 5. — Of Principal and Agent 420 
 
 Article 1. Relation of Principal and 
 
 Agent among themselves 420 
 
 Article 2. Rights and Liabilities of 
 
 Principal as to third persons 422 
 
 Article 3. Rights and Liabilities of 
 
 Agent to Third Persons 423 
 
 Article 4. Of Overseers 425 
 
 TITLE IV. 
 
 OF PROPERTY AND THE TENURE BY WHICH IT IS HELD. 
 
 Chapter 1 .—Of realty 426 [ Chapt.er 2.— Of personalty 429 
 
XVI 
 
 CONTENTS. 
 
 TITLE Y. 
 
 OF ESTATES AND THE RIGHTS ATTACHED THERETO. 
 
 Chapter 1.— 
 simple. . . 
 Chapter 2.- 
 Chapter 3.— 
 reversion 
 Chapter 4.— 
 Chapter 5.— 
 
 ■Of absolute estates, or in fee 
 
 430 
 
 •Of estates for life 432 
 
 Of estates in remainder and 
 
 434 
 
 •Of estates for years 435 
 
 ■Of landlord and tenant 436 
 
 Chapters. — Of estates upon condition.... 438 
 
 Chapter 7. — Of tenancy in common 439^ 
 
 Chapter 8.— Of trust estates 440 
 
 Article 1. Of their creation and nature 440 
 Article 2. Of trustees, appointments, 
 powers, &c 442 
 
 TITLE YI. 
 
 OF TITLE AND THE MODE OF CONVEYANCE. 
 
 Chapter 1. — Of grants 445 
 
 Article 1. Grants generally 445 
 
 Article 2. Of head rights 447 
 
 Article 3. Of land lotteries 450 
 
 Article 4. Of processioning 450 
 
 Chapter 2. Of title by will 453 
 
 Article 1. Of the nature of wills; by 
 
 whom and how executed 453 
 
 Article 2. Of probate and its efl'ects. . 459 
 
 Article 3. Of the executor 460 
 
 Article 4. Of devises and legacies.. . . 462 
 
 Article 5. Of revocation 465 
 
 Article 6. Of nuncupative wills 466 
 
 Chapter 3. Of title by descent and admin- 
 istration 467 
 
 Article 1. Of inheritable property, and 
 the relative rights of lieir and ad- 
 ministrator 407 
 
 Article 2. Of administration 470 
 
 Sec. 1. Different kinds of adminis- 
 trators, and rules of granting let- 
 ters 470 
 
 Sec. 2. Of their appointment, bonds, 
 
 and removal 472 
 
 Sec. 3. Inventories, appraisements 
 and returns 475 
 
 Sec. 4. Of managing the estate, and 
 
 paying debts 477 
 
 Sec. 5. Of receiving and making ti- 
 tles on bonds for titles 480 
 
 Sec. 6. Of administrators' sales.. . . 481 
 Sec. 7. Of distribution, advance- 
 ments, and provision for family. . 484 
 Sec. 8. Of commissions and extra 
 
 compensation 48T 
 
 Sec. 9. Of final settlements and re- 
 ceipts, and herein of interest. . . . 489 
 Sec. 10. Of letters of dismission and 
 
 resignation 491 
 
 Sec. 11. Of removing proceedings to 
 
 another county 492 
 
 Sec. 12. Of foreign administrators. 493 
 
 Chapter 4. — Of title by judicial sale 494 
 
 Chapter 5. — Of title by contract 49S 
 
 Article 1. Of private sales 496 
 
 Article 2. Of gifts 500 
 
 Chapter 6. — Of title by escheat and forfeit- 
 ure 501 
 
 Chapter 7. — Of title by prescription 503 
 
 Chapter 8. — Of conveyance of title 505- 
 
 Article 1. Generally 505 
 
 Article 2. Of covenants and warranty 506 
 Article 3. Of registration 507 
 
 TITLE YII. 
 
 OF CONTRACTS. 
 
 Chapter 1. — General principles 509 
 
 Chapter 2.— Of the parties 511 
 
 Chapter 3. — Of the consideration 513 
 
 Chapter 4. — Of illegal and void contracts. . 514 
 
 Chapter 5. — Of construction of contracts.. 515 
 
 Chapter 6. — Of negotiable contracts 516 
 
 Article 1. Of negotiable paper, and 
 
 how transferred 516 
 
 Article 2. Of endorser's notice and 
 
 protest 518 
 
 Article 3. Of the rights of holders. . . 519 
 
 Article 4. Of damages 520 
 
 Chapter 7. — Of contracts of insurance.. . . 520 
 
 Article 1. Fire insurance 520 
 
 Article 2. Life insurance 523 
 
 Article 3. Marine insurance 524 
 
 Article 4. Mutual insurance 525 
 
 Chapter 8. — Of defences to contracts 526 
 
 Article 1. 'Denial of the contract 526. 
 
 Article 2. 'Denial of its obligation, and 
 
 herein of acts of opposite party. . . . 527 
 Article 3. Payments, and herein of 
 
 appropriation of payments 528 
 
 Article 4. Performance, and herein of 
 
 tender 529 
 
 Article 5. Accord and satisfaction... 530 
 Article 6. Arbitrament and award. . . 531 
 Article 7. Pendency of another act'on, 
 
 and former recovery 532 
 
 Article 8. Set-off 533 
 
 Article 9. Limitation of actions 535 
 
 Sec. 1. Periods of limitation 535 
 
 Sec. 2. Exceptions and disabilities. 535 
 
 Sec. 3. New promise 538 
 
 Chapter 9. Of breach of contract and dam- 
 
 age. 
 
 538 
 
COXTEXTS. 
 
 xvii 
 
 TITLE YIII. 
 
 OF TOUTS OR INJURIES TO PERSON OH TROPERTY. 
 
 Chapter 1. — General principles 540 
 
 Chapter 2. — Of injuries to tlie person 543 
 
 Article 1 . Pliysical injuries 543 
 
 Article 2. To reputation 544 
 
 Sec. 1. Libel and slander ; . . 544 
 
 Sec. 2. Malicious prosecution 545 
 
 Articles. Other mjuries to tlie person 546 
 
 Sec. 1. False imprisonment 546 
 
 Sec. 2. Malicious arrest 547 
 
 Sec. 3. Nuisances and other injuries 
 
 toheaUh 547 
 
 Sec. 4. Indirect mjuries to person 549 
 
 Cliaptier 3. — Of injuries to i)roperty 550 
 
 Artide 1 . To real estate 550 
 
 Article 2. To personalty generalh* .. . 551 
 
 Article 3. To slaves ' 552 
 
 Article 4. By railroad companies. . . . 553 
 
 Cliapter 4. — Of defences 554 
 
 Article 1. Justification 554 
 
 Article 2. Satisfaction, and herein of 
 
 tender 555 
 
 Article 3. Limitation of actions 556 
 
 Article 4. Otl>er defences 556 
 
 Cliapter 5. — Of damages 557 
 
 TITLE IX. 
 
 OF EQUITY 
 
 Chapter 1. — (General principles 
 
 Chapter 2. — Of discover}- 
 
 Chapter 3. — Of perpetuation of testimony. 
 
 Chapter 4. — Of accident and mistake 
 
 Chapter 5. — Of account and set-ofl". 
 
 Chapter 6. — Of administration of assets. . 
 
 Chapter 7. — Of charities 
 
 Chapter 8. — Of election 
 
 Chapter 9. — Of the execution of powers. . 
 Chapter 10.— Of fraud 
 
 559 
 561 
 562 
 563 
 565 
 567 
 568 
 569 
 570 
 571 
 
 Chapter 11. — Of partition 572 
 
 Chapter 12. — Of specific performance 573 
 
 Chapter 13. — Of trusts and trustees 574 
 
 Chapter 14. — Of extraordinary remedies. . 575 
 Article 1. Of mandamus, quo warranto 
 
 and prohibition 575 
 
 Article 2. Of injunctions 576 
 
 Article 3. Of ne exeat and quia timet 577 
 Article 4. Of bills of peace and inter- 
 pleader t 579 
 
 PART THIRD. 
 
 THE CODE OF PRACTICE, 
 
 TITLE I. 
 
 OF THE JUDGES, SESSIONS, AND ADJOURNMENTS OF COURTS. 
 
 Chapter 1.— Of the Supreme Court 580 
 
 Chapter 2. — Of the Superior and Inferior 
 
 Courts 581 
 
 Article 1. Number and times of ses- 
 sions 582 
 
 Article 2. Of the adjournments of the 
 
 Superior and Inferior Courts 585 
 
 Chapter 3. — Of the Judges of the Superior 
 Courts 586 
 
 TITLE II. 
 
 OF ACTIONS. 
 
 Chapter 1. — General Principles 588 
 
 Chapter 2.— Of Attachments 590 
 
 Articlft 1. Of issuing Attachments. . . 690 
 Article 2. In what manner, on what 
 property executed, and proceeding 
 
 thereon 595 
 
 Article 3. Proceedings on Garnish- 
 ment 597 
 
 Article 4. Pleadings and Defences. . . 600 
 
 Article 5. Replevy, and disposition of 
 
 property attached 602 
 
 Article 6. Claims, and proceedings 
 
 therein 604 
 
 Article 7. Lien of Attachments, Gar- 
 nishments, and Executions 606 
 
 Chapter 3.— Of Petitions and Process 607 
 
 Article 1. General Provisions 607 
 
 Article 2. Particular Cases 609 
 
XTin 
 
 CONTENTS. 
 
 Chapter 3. — Article 2. — 
 
 Set'. 1 Agaiust joint, and joint and 
 
 several Contractors 609 
 
 Sec. 2. In ejectment 611 
 
 Sec. 3. Against Corporations 612 
 
 Sec. 4. Again.st Trustees 615 
 
 Sec. 5. Against Executors, Admin- 
 istrators, and Guardians 61 G 
 
 Sec. 6. Particular Forms 618 
 
 Chapter 4.— Of the Venue 621 
 
 Chapter 5. Of Bail in Civil Cases 622' 
 
 Article 1. T3ail at the Commencement 
 
 ot the Action 622 
 
 Article 2. Bain pmdente lite 626 
 
 Article 3. Proceedings tgainst Bail. . 62? 
 Article 4. Bail in action for Person- 
 alty 6Z8 
 
 Chapter 6. — Of Making parties 630' 
 
 Chapter 7. — Of Abatement, Retraxit, Dis- 
 missal and Renewal of Actions 632 
 
 TITLE III. 
 
 OF DEFENCES, AND PROCEEDINGS PENDING ACTION. 
 
 Chapter 1.— Of Defences— Pleas 634 
 
 Article 1. General Provisions 634 
 
 Article 2. Particular Pleas 636 
 
 Sec. 1. To the Jurisdiction 63G 
 
 Sec. 2. Of set-off 637 
 
 Sec. 3. Of Usury 638 
 
 Sec. 4. Of failure of consideration. 638 
 
 Sec. 5. Of Non est Factum 638 
 
 Sec. 6. Of other Pleas 639 
 
 Chapter 2. — Of amendments 640 
 
 Article 1. General Principles 640 
 
 Article 2. Particular Cases... .^ 641' 
 
 Sec. 1. Of amending Verdicts, Judg- 
 ments, and Executions 641 
 
 Sec. 2. Of amending Official Re- 
 turns 642' 
 
 Sec. 3. Of amending Records . . 643. 
 
 Sec. 4. Of other Amendments 644 
 
 Chapter 3. — Of the production of Papers. 644 
 
 Chapter 4. — Of Contmuances 648 
 
 Chapter 5. — Of Garnishments 650 
 
 TITLE IV. 
 
 OF THE VERDICT AND JUDGMENT. 
 
 Chapter 1. — Of the Verdict and Judg- 
 ment 654 
 
 Article 1. Of the Verdict and its re- 
 ception 654 
 
 Article 2. Of entering Judgments... 655 
 Article 3. Effect and Lien of Judg- 
 ments 656 
 
 Article 4. Of attacking Judgments.. 668 
 
 Article 5. Transfer of Judgments .... 660 
 
 Article 6. Confession of Judgment.. . 660' 
 Article 7. Of dormant Judgments, 
 
 and revival thereof. 66 1 
 
 TITLE V. 
 
 OF APPEALS. 
 
 Chapter 1.— Of Appeals 6G2 
 
 Article 1. In what cases allowed. . . . 662 
 Article 2. "When, by whom, and how 
 entered 663 
 
 Article 3. Effect of Appeal. . .. . 
 Article 4. How and when tried . 
 
 665 
 66C 
 
 TITLE VI. 
 
 OF EXECUTIONS. 
 
 Chapter 1. — Of different kinds of Execu- 
 tions 6GG 
 
 Article 1. When and how issued, and 
 
 returned CGG 
 
 Article 2. C<t,. sas., how executed 
 
 and proceedings thereon 6C)8 
 
 Article 3. Of a ./i. fa., how levied, 
 and proceedings thereon 670 
 
 Article 4. Of Sales under Execution, 
 
 when and how made 671 
 
 Article 5. Of the satisfaction of Exe- 
 cutions 673 
 
 Cliapter 2, — Of the stay of Executions. . . 674 
 Chajiter 3. — Of the Illegality of Execu- 
 tions 674 
 
 Chai^ter 4. — Of forthcoming Bonds 67 G 
 
CONTENTS. 
 
 XIX 
 
 TITLE VII. 
 
 OF COSTS IN CIVIL CASES. 
 
 Chapter 1. — Co.sts in Civil Ciwes r,77 I Article 2. How CollecU^d (573 
 
 Articio 1. How Taxed 677 | Chapter 2. — Fees of Officers of Court, . . . 679 
 
 TITLE YIII. 
 
 NEW TRIALS. * 
 
 Chapter 1.— Of New Trials . 690 
 
 Article 1. By whom and for what 
 causes allowed . 690 
 
 Article 2. When, wliere and how 
 tried 692 
 
 TITLE IX. 
 
 OF CLAIMS. 
 
 'Chapter 1. — Of claims to property in exe- Article 2. When, where and how 
 
 cution 693 tried 694 
 
 Article 1. How and by whom inter- , Chapter 2. — Of claims at other judicial 
 
 posed 69.T sales 696 
 
 TITLE X. 
 
 OF EVIDENCE. 
 
 Chapter 1. — (General principles 697 
 
 Chapter 2. — Of the rules governin}? the 
 
 admission of Testimony 699 
 
 Article 1. Of tlie peneral rules 600 
 
 Article 2. Of hearsay evidence 701 
 
 Article .'?. Of admissions and confes- 
 sions 703 
 
 Article 4. Of parol evidence to affect 
 
 written 705 
 
 Chapter 3. — Of discovery from the parties 106 
 Chapter 4. — Of records and other written 
 
 evidence 707 
 
 Article 1 . Of records and public doc- 
 uments 707 
 
 Chapter 4. — 
 
 Article 2. Of privat<' writings .... 710 
 
 Chapter 5. — Of oral testimony 711 
 
 Article 1. Witnosses-their attendance 
 
 and fees 711 
 
 Article 2. Of the competency of wit- 
 nesses 713 
 
 Article 3. Of the examination of wit- 
 nesses 715 
 
 Chapter 6. — Of interrogatories and deposi- 
 tions 717 
 
 Chapter 7. — Of perpetuating testimony... . 720 
 
 TITLE XI. 
 
 OF JURIES. 
 
 Chapter 1.— Of Grand Juries 721 ; Article 1. Of the qualiliciuions of Pe- 
 
 Article 1. Of the Qualification of ; tit Jurors 726 
 
 Grand Jurors 721 i Article 2. How selected, drawn, sum- 
 Article 2. How selected, drawn, and moned, and sworn 726 
 
 summoned 721 Chapter 4.— Of Juries in the Inferior 
 
 Article .'!. Oath of the Grand Jury. . . 72:i Court 727 
 
 Article 4. Of tlio Power and Duty of i Article 1. Of the qualilications of Ju- 
 
 a Grand Jury 724 I rors in the Inferior Court 727 
 
 Chapter 2.— Of SpcciiU Juries 725 I Article 2. How selected, drawn, sum- 
 Chapter 3. — Of Petit Juries 726 ; moned, and sv.'orn.; 727 
 
 Chapter 5. — Special Provisions 728 
 
XX 
 
 COKTENTS. 
 
 TITLE XII 
 
 OF PROCEEDINGS AGAINST OFFICERS OF COURT. 
 Chapter 1. — Of Proccedin.ss against Officers of Court 730 
 
 TITLE XIII. 
 
 OF PROCEEDINGS TO FOEECLOSE MORTGAGES. 
 
 Chapter 1.— Mortj-agts on Real Estate— j Article 4. Of the proceeds of Sale, 
 
 how foreclosed '7;U [ how appropriated 736 
 
 Article 1. Of the apphcation — when i Chapter 2. — Proceediugs to foreclose a 
 
 and how made 134 | Mortgage on Personalty .• • • • '^"^'' 
 
 Article 2. Defences, Pleas— when and j Article 1. Of the Application— by 
 
 liow made I''^ whom and how made 73G 
 
 Article 3. Of the Judgment. Disposi- Article 2. Of Defences— when and 
 
 tion of Property. &c 7;i5 j how made 73S 
 
 TITLE XIV. 
 
 OF PROCEEDINGS TO ESTABLISH LOST PAPERS. 
 
 Chapter 1. — Lost papers — when, where, 
 
 and how estabhshcd 740 
 
 Article 1. How established in the Su- 
 perior and Inferior Courts 740 
 
 Chapter 1. — 
 
 Article 2. How established in a Justi- 
 ces' Court 742 
 
 TITLE XY. 
 
 OF PROCEEDINGS TO OBTAIN PARTITION. 
 
 Chapter 1. — Partition of Land — how ob- 
 tained 743 
 
 Article 1. When, where, and by whom 
 
 the apphcation must be made 143 
 
 Article 2. Notice to parties — how giv- 
 en, and upon whom served 744 
 
 Article 3. Of the issuing, execution, 
 and return of the writ 744 
 
 Article 4. Defences — when and where 
 
 made 745 
 
 Article 5. Of the Judgment 74G 
 
 Article 6. Of the remedy of parties 
 absent from the State, under disa- 
 bihty, or not served with notice. . . 747 
 Chapter 2. — Partition of personal property, 
 how obtained 743 
 
 TITLE XVI. 
 
 OF PROCEEDINGS ON APPLICATION FOR HABEAS CORPUS. 
 Chapter 1. — Proceedings on application for Habeas Corpus 748 
 
 TITLE XVII. 
 
 OF POSSESSORY WARRANTS, AND PEOCEEDINGS THEREON. 
 
 Chapter L — Possessory warrants, and pro- 
 ceedings thereon 753 
 
 Article 1. By whom and on what 
 grounds the warrant may issue.. . . 753 
 
 Article 2. How executed and returned 754 
 Article 3. Of the trial, judgment and 
 subsequent proceedings 754 
 
CONTEXTS. xxi 
 
 TITLE XVIII. 
 
 OF PROCEEDINGS ON TRIAL OF CITIZENSHIP. 
 
 Chapter 1. — Proceedings on trial of citizenship 756 
 
 TITLE XIX. 
 
 OF PROCEEDINGS ON A SUIT FOR FREEDOM. 
 
 Chapter 1. Proceedings on a suit for free- I Article 1. Preliminary proceedings. . . 758 
 
 dom 758 | Article 2. Proceedings on the trial. . . 760 
 
 TITLE XX. 
 
 OF THE WRIT OF CERTIORARI. 
 
 Chapter 1. — Of the writ of certiorari.. . . . 7G1 ' Article 2. How obtained, audproeeed- 
 
 Article 1. In what cases the writ of j ings thereon 762 
 
 certiorari '^Qs 761 i Article 3. Of the answer, hearing, 
 
 judgment and costs. 763 
 
 TITLE XXL 
 
 PROCEEDINGS AGAINST TRESPASSERS ON LANDS, AND TENANTS HOLDING 
 
 OVER. 
 
 C!hapter 1. — Proceedings against trespas- Article 2. Proceedings against tenants 
 
 sers on lands, and tenants holding over. 767 holding over 768 
 
 Article 1. Proceedings against intru- Chapter 2. — Forcible entry and detainer. . 769 
 
 ders 767 I 
 
 TITLE XXII. 
 
 PROCEEDINGS FOR THE ABATEMENT OF NUISANCES. 
 
 Chapter 1. — Proceedings for the abatement of nuisances 771 
 
 TITLE XXIII. 
 
 OF INQUESTS, AND PROCEEDINGS THEREON. 
 
 Ohapter 1. — Of inquests, and proceedings thereon 772 
 
 TITLE XXIV. 
 
 OF PROCEEDINGS IN COURTS OF ORDINARY. 
 
 •Chapter 1. — Proceedings in Courts of Ordi- 
 nary 775 
 
 Article 1. Sessions and adjournments. 775 
 
 Article 2. Practice in Courts of Ordi- 
 nary 776 
 
 TITLE XXV. 
 
 OF PROCEEDINGS OF THE INFERIOR COURT, SITTING FOR COUNTY PURPOSES. 
 
 'Chapter 1. — Proceedings of the Inferior I Article 1. Sessions and adjournments. 777 
 Court, sitting for county purposes 777 | Article 2. Proceedings therein 773 
 
•xxii 
 
 CONTENTS. 
 
 TITLE XXVI. 
 
 OF THE PROCEEDINGS IN JUSTICES' COURTS. 
 
 ■■Chapter 1 . — Of tlie proceedings in Justices' 
 
 Courts 780 
 
 Article 1. When and where hold 780 
 
 Article 2. Jurisdiction of Justices' 
 
 Courts 781 
 
 Article 3. Commencement of suits, ser- 
 vice and return of summons 782 
 
 Article 4. Pleas and defences 783 
 
 Article 5. Evidence, witnesses, mtcr- 
 rojratories 784 
 
 Article 6. Trial and judgment 785 
 
 Article 7. Appeals 786 
 
 Article 8. Claims and trial thereof. . . 787 
 Article 9. Final judgment and execu- 
 tion 788 
 
 Article 10. Defaulting constables, ju- 
 rors, Witnesses, and contempts — 
 
 how puni.shed 789 
 
 Article 11. T-evy and sale under Ji.fa. 790 
 
 TITLE XXVII. 
 
 EQUITY PLEADING AND PRACTICE. 
 
 <Jhapter 1. — Of the bill and subpoena, and j Chapter 4. — Of the trial and its incidents. 797 
 
 service thereof 792 | Chapter 5. — Of the final decree and its en- 
 Chapter 2." — Of demurrers, pleas, and an- ] forcement 798 
 
 swers 795 j Chapter 6. — Of other proceedings in clian- 
 
 ■Chapter '.',. — Of interlocutory decrees, re- eery 799 
 
 ceivers, masters, &c 796 
 
 TITLE XXVIIL 
 
 OF ARBITRATION AND AWARD. 
 
 > Chapter 1. — Special provisions 800 
 
 Article 1. Of the submission 800 
 
 Article 2. Of the organization and 
 
 hearing 801 
 
 Article 3. Of continuances and ad- 
 journments 802 
 
 Article 4. Of the evidence and wit- 
 nesses 803 
 
 Article 5. Of the powers of arbitrators 803 
 Article 6. Of the rendition and eflect 
 
 of the award 804 
 
 Article 7. How attacked 804 
 
 Article 8. Of costs and compensation 
 
 of the arbitrators 805 
 
 Chapter 2. — General principles 805 
 
 TITLE XXIX. 
 
 PRACTICE IN COXNECnON WITH THE SUPREME COURT. 
 
 Chapter 1. — Of bills of exception and writ 
 of error 806 
 
 Chapter 2. — Of proceedings in the Supremo 
 Court 810 
 
CONTENTS. 
 
 XXUl 
 
 PART FOURTH. 
 
 PENAL LAWS. 
 
 TITLE I. 
 
 PENAL CODE. 
 
 Div. 1.— PcTBons capable of committing 
 
 crimes 
 Div. 2.— 
 Div. 3.— 
 
 pie 
 Div. 4.— I 
 Div. 5.— 
 Div. 6 
 Div. 7 
 Div. 8.— 
 Div. 9.— 
 
 quility 
 Div. 10.- 
 
 police 
 Div. 11.- 
 DJv. 12.- 
 
 Principk'S and accessories 
 
 Crimes against the State and peo- 
 
 Crimcs against the person 
 
 ("rimes against the habitation. . . 
 
 Crimea relative to property 
 
 Forging and counterfeiting 
 
 Crimes against public justice. . . . 
 Against public peace and trau- 
 
 -Against public morality, health, 
 
 uid decency 
 
 -Cheats and swindlers 
 
 -Fraudulent or malicious mischief 
 
 Div. 13. — OfTcnces relative to slaves 875 
 
 813 Div. 14. — Indictment and proceedings to 
 
 816 execution 883 
 
 Div. 15. — Contempts of court and attempts 
 
 817 to commit crimes 899 
 
 819' Div. 16. — Proceedings in preliminarv c'rts 900 
 828 Article 1. Proceeding prior to arrest. 900 
 
 830 Article 2. Of arrest and its conse- 
 
 842 quences 902 
 
 847 Article 3. Of courts of fnquiry, com- 
 mitment and bail 903 
 
 806 Article 4. Of warrants for good beha- 
 vior, and to keep the peace 906 
 
 858 Article 5. Of search warrants 907 
 
 868 Article 6. Of proceedings in cases of 
 871 I bastardy 908 
 
 TITLE II. 
 
 PENITKNTIAllY LAWS. 
 Chapter 1. — Penitentiary laws 
 
 TITLE III. 
 
 PENAL CODE FOR SLAVES AND FREE PERSONS OF COLOR. 
 
 910 
 
 Article 1. General principles 916 
 
 Article 2. Capital ofiFences 918 
 
 Article 3. Offences not capital 919 
 
 Article 4. Trial for offences 921 
 
 Article 5. Bail — when allowed 923 
 
 APPENDIX. 
 
 Laws having reference to the city of Savannah, 924 
 
 Ordinance of Secession, 959 
 
 Constitution of Georgia, 960 
 
 Constitution of the Confederate States, 975 
 
 Miscellaneous Provisions, 993 
 
THE CODE OF GEORGIA. 
 
 PART 1 HiiST— THE POLITICAL A.N I) PUBLIC ORGAN- 
 
 IZATIOX OF THE STATE. 
 PART SECOND— THE CIVIL CODE. 
 PART THIRD— THE CODE OF PRACTICE. 
 PART FOFRTII— THE PENAL LAWS. 
 
 PRELIMINARY PROVISIONS. 
 
 Skcxiox. , Section. 
 
 1. Obligation (;f Laws. I 9. Lc.c Loci. 
 
 2. Code — whon ami liow to take eftect. | 10. Comity of States. 
 
 3. Acts — when to take effect. | 11. Waiver of Law. 
 
 4. TVlien "from and after pas.^age." i 12. Kepeal of Repealing Act. 
 0. Rules fur construction of Statutes. , 13. Local Laws. 
 
 G. Meaning of Specific Terms. I 14. Bonds of Public Officers. 
 
 7. Future operation of Laws. 15. Bonds taken by Public Officers. 
 
 5. Ignorance of Law. | 16. Inspection of Office Books. 
 
 §1. The laws of this State shall be thus graduated in reference g^^/ation or 
 to their obligation : 
 
 First. The Constitution of the Confederate States. 
 
 Second. Treaties entered into by the Federal (xovernment 
 within the scope of their power. 
 
 Third. Laws of the Confederate States made in pursuance of 
 the Constitution. 
 
 Fourth. The Constitution of this State. 
 
 Fifth. The Statutes of this State. 
 
 Sixth. Such portions of the Common, Civil, Canon and Stat- 
 ute Laws of England, as were usually in force in the Province of 
 Georgia prior to Uth ]\rav, A. D. 1776, which were applicable 
 1 
 
PRELIMINARY PROVISIONS. 
 
 to tlic condition and lialnts of the people so far as tlie same are 
 consonant a\ itli our form of (Government, and are not repealed, 
 modified or superseded bv the ])rovisions of this Code. 
 
 Seventh. Tlie customs of any business or trade shall be binding 
 oiilv when it is of such universal practice, as to justify the conclu- 
 sion, that it l>ecanie, bv implication, a part of the contract. 
 
 and Vm^'t", >? -^ This ( 'ode shall take eft'ect on the lirst day of January, 186i>. 
 
 takocftecr. ^|j ,,^-^j,j(.p^ committed prior to that date, shall be tried and 
 
 punished under existing laws; and all riglits, or obligations, or 
 
 duties ac(piired or imposed l)v existing laws, shall remain valid 
 
 aiul binding, notwithstanding the repeal or modification of such 
 
 laws. 
 
 •^^1'*— ^l^'■" ^y. All acts liereafter i)assed bv the General Assembly, un- 
 to take cftect. •-' . . " . . 
 
 less specifically provided otherwise in the Acts, shall take effect 
 and be obligatory only from the first <lay of July next succeed- 
 ing the date of their passage. 
 When "from ^4_ I^ubHc LaM's wliicli ill tlieiuselves prescril)e specifically 
 
 andafterpas- ' _ .,,,'' 
 
 »'■'?<'•" that they are to take effect '' from and after their passage, shall 
 ]iot be ol)ligatorv on the citizen until })ublished in some public 
 gazette, and three days shall be allowed, from the date of publica- 
 tion, for every hundred miles distance from the Capital, before a 
 knowledge of the law shall be presumed against the citizen. 
 
 cl^nstruction § •5- Tlic followiug rulcs sliall govern the constructi(.»n of all 
 
 of statutes, g^^^^-j^^ji-v euactmeuts in this State : 
 
 Fii'sf. The ordinary signification shall l)e applied to all words, 
 except words of Art, or connected with a particular trade or sub- 
 ject matter, Avhen they shall have the signification attached to 
 them by experts in such trade, or with refereiice to such subject 
 matter. 
 
 Second. The present or past tense shall include the future. 
 Third. The masculine gender shall iiiclude the feminine and 
 neuter. 
 
 Fourth. The singular or plural nund)er shall eacli include the 
 (jtlier, unless expressly excluded. 
 
 Fifth. A joint authority given to any number of persons, or 
 officers, may be executed by a majority of them, unless it is other- 
 wise declared. 
 
 Sixth. A substantial compliance with any requisition of the 
 Code, or laws amendatory thereof, especially on the part of pub- 
 lic officers, sliall be deemed and held sufficient, and no proceed- 
 ing shall be declared void for want of such compliance, unless ex- 
 pressly so provided by the enactment. 
 
PRELIMINARY PROYISKjNS. 
 
 Seventh. When a bond is required bv law, an undertaking in 
 writing, without seal, is snfhcient, and in all bonds where the 
 names of the obligors do not appear in the bond, but are sub- 
 scribed thereto, they are bound tlierebv. 
 
 Eighth. Y\nien a number of days is prescribed fur the exercise 
 of any privilege, or the discharge of any duty, only the first or 
 last day shall be counted: and if the last day shall fall on the 
 Sabbath, Miiother day shall be alloAved in the computation. 
 
 N'mth. In all interjiretations, the Courts shall look diligently 
 f(»r the intention of the General AssendJy, keeping in v-iew, at all 
 times, the old law, the evil and the remedy. Grammatical errors 
 shall not vitiate, and a transposition of words and clauses may be 
 resorted to Avlien the sentence or clause i> without meaning as it 
 .stands. 
 
 §G. The following meaning sliall l»e given to each of the fob .^^*?^°/ **^ 
 lowing words in all Statutes, unless a different meaning is appa- ™*' 
 rent from the context : 
 
 ''Property" includes real and i)ersonaI i)roperty. 
 
 " Personal Propertij" includes everything excei)t interests ex- 
 ceeding a lease-hold in laiuls, tenements and hereditaments. 
 Stocks in incorporated f.V.m])anies, though the object of the Com- 
 pany is necessarily connected Avith tlie land, shall be held as per- 
 sonal i:)rc>perty. 
 
 ''Persofi' includes a corporation ; it does not include slaves or 
 -free persons of color, uidess named. 
 
 " Writing' includes printing, and all numerals. 
 
 •' Odth'- includes affirmation. 
 
 '' Si(/nafurr,"' or '' ^i/Im-riptw,,;' im-ludes the mark c»f an illit- 
 erate or infirm person. 
 
 " Lunatic;^ " Imane-' or '' Xon-Compost-Mc7,tl%'' each includes 
 all persons of unsound minds. 
 
 " Negro'' includes nudattoes and all slaves. 
 
 " Free Person of Color'' means all such as, by admixture of 
 negro blood, are excluded from being citizens. 
 
 ''Justice," when applied to magistrates, means Justice of the 
 Peace. 
 
 " Preoed'inf and " Aforenaid" mean generally next before, 
 and "followbuf next after, unless the context requires a different 
 .signification, 
 
 " Month" means a calendar month. 
 
 " Year" means a calendar year. 
 
 " Seal" shall include impressions on the paper itself, as well as 
 
FKELIMINARY PRO VISIONS. 
 
 Future ope 
 ration of 
 lava. 
 
 Ignorance of 
 law. 
 
 lieoi loci. 
 
 Comity of 
 States." 
 
 ■Waiver of 
 law. 
 
 Repeal of 
 Repealing^ 
 Act 
 
 Local lawt:. 
 
 Bonds of 
 Public Of- 
 ficers. 
 
 impressions on wax or wafers, with the exception of Official Seals. 
 A Scrawl^ or aTiy other mark intended as a seal, shall be held as 
 such. 
 
 "^ Highway^-- or "^ Jioad,'^ includes bridges upon the same. 
 § T. Laws pres(;ribe only for the future ; they cannot impair 
 the ol^ligation of contracts, nor generally liaye a retrospective 
 operation. J.,aws looking only to the remedy or mode of trial, 
 may apply to contracts, rights and oifences entered into, ac- 
 crued or connnitted prior to their passage ; but in eyery case a 
 reasonable time suljsequent to the passage oi the Statute should 
 be allowed for the citizen to enfor(;e his contract, or protect his 
 right. 
 
 ,§8. Laws, after j)romuJgation, are oljligatory upon all in- 
 liabitants of this State, and ignorance of the law excuses no one. 
 §9. The yalidity, form and effects of all ^vritings or con- 
 tracts, are determined by the laws of the place where exe(-uted. 
 AVlien such writing or contract is intended to haye effect in this 
 State, it must be executed in conformity to the laws of this State, 
 excepting wills of personalty of persons domiciled in another 
 State or country, 
 
 §10. The laws of other States, and toreign nations, shall have 
 no force and effect of themselyes within this State, farther than 
 is provided by the Constitution of the Confederate States, and 
 is recognized by the comity of States. The Courts shall enforce 
 this comity, until restrained by the General Assembly, so long 
 as its enforcement is not contrary to tlie policy, or prejudicial 
 to the interests of this State. 
 
 §11. Laws made for the preservation of piil)lic order, or good 
 morals, (tannot be done away witli or aljrogated by any agree- 
 ment ; but the citizen may waive or renounce what the law has 
 estabhshed in liis favor, when he does not thereby injure others, 
 or affe(;t the public interest. 
 
 §12. The repeal of a Repealing Act shall not be construed 
 to revive the former Act, unless such appears manifestly to have 
 been the intention of the General Assembly. 
 
 §13. If there is a law in force at the time of the adoption 
 of this Code, having entirely a local application, such local law 
 is not repealed by this Code, unless so expressly declared. 
 
 §14. All bonds taken from Public Officers, shall be kept 
 in the places specified by law, and copies thereof shall be fur- 
 nished to any person desiring them. Suits thereon may be brought 
 
PRELIMIXAKY rHOA^ISIONS. 
 
 by any person aggrieved by the official misconduct of the officer, 
 in his own name, in any Court having jurisdiction thereof. 
 
 S15. All bonds taken bv Public Officers, under the laws Bonds take* 
 
 '-' >■ ^ ■ by Publi« 
 
 of this State, shall be returned to the offices specified by law ; officers. 
 and any person interested therein, may bring suit thereon, in his 
 own name, in any Court having jurisdiction thereof. 
 
 §10. All books kept by any Public Officer, under the laws JJ!*(P^'=^'^^°*' 
 of this State, shall be suljjcct to the inspection of all the citizens ^°°''*- 
 of this State, within office hours every day, except Sundays and 
 holidavs. 
 
 PART 1. 
 
 THK POLITICAL AND PUIUJC ORGANIZATION OF THE STATE. 
 
 TITLE I. 
 
 DIVISIONS AND JURISDICTIONS. 
 
 CIIAPTEPv 1. 
 
 OF THE BOUNDARY, SOVEREIGNTY AND JURISDICTION OF TUE STATB. 
 
 Article 1. The Boundary of the State. 
 
 Ajkticle 2. The Sovereignty and Jurisdiction of the State. 
 
 Article 3. Coast Survev. 
 
 ARTICLE I. 
 
 THE BOUNDARY OF THE STATK 
 
 Sbctiok. 'Section. 
 
 17. Boundary of the Suite. j 20. Between Georgia and Alabama. 
 
 18. Lino between Ga. and S. Carolina. j 21. Between Georgia and Florida. 
 
 19. Between Ga.. N. C. and Tennessee, i 
 
 §17. The boundaries of Georgia, as deduced from the Con- Bonndane* 
 stitution of Georgia, tlie Convention of Beaufort, the Articles ofofGeorJi^ 
 Cession and agreement entered into on the 24th April, 1802, the 
 resolution of the General Assembly of December 8th, 1826, and 
 
PT. 1.— TIT. 1.— CHAP. 1.— BoL^DAiiY, Sovereignty, &c. 
 
 Article 1. — The Boundary of the State. 
 
 tlie adjudications and comproinises afFectiiio; Alahania and Flor- 
 ida, are as follows : 
 
 From the sea, or tlie niontli ot'tlio river Savannali, along' the 
 stream thereof, to the fork or confluence nuxde hy the rivers Ke- 
 owee and Tugalo, and thence along said river Tugalo, until the 
 fork or confluence made by said Tugalo and the river Chattooga, 
 and uj) and along the same to the ])oint where it touches the 
 Northern Ixmndary line of South (,'arolina, and the Southern 
 boundary line of North Carolina, which is at a point on the thir- 
 ty-fifth parallel of Xorth latitude, reserving all the Islands in 
 said rivers Savannah, Tugalo and (/hattooga to (xeorgia; thence 
 on said line of said thirty-fifth })arallel, from said point of inter- 
 section, and on and along said line West, to a point where it 
 merges into, and becomes the Xorthei'n boundarv line of Ala- 
 bama, it being the point fixed l)y the survey of the State of Geor- 
 gia, and known as Nickajack ; thence in a direct line to the great 
 bend of Chattahoochee river, called Miller's Bend, it being the 
 line run, and marked by said survey, and thence along and down 
 the Western bank of said Chattahoochee, along the line or limit 
 ■ of hi<xh-w- ater mark to its lunction with Flint river ; thence along 
 a certain line of survey, made by (lustavus »!. Orr, a Surveyor 
 on the ])art of Georgia, and W. AVhitner, a Surxcyor on the part 
 of Florida, beginning at a fore-and-aft tree, alxuit four chains be- 
 low the present junction ; thence along this line East, to a point 
 designated Thirty-Seven Links Z^orth of Ellicott's Mound on the 
 St. Mary's river; thence along the middle of said river to the 
 Atlantic Ocean, and from thence to the mouth or inlet of said 
 Savannah river, to the place of begijining, including all the lands, 
 waters, Islands and jurisdictional rights within said limits, and also 
 all the Islands within twenty marine leagues of the Sea Coast. 
 tweenGeor- § L"^- The boundary between (reorgia and South (Carolina, 
 Bouth^Caro- shall 1)0 tlic liuc described as running from the mouth of the river 
 ^"'*' Savaimah, np said river, and the rivers Tugalo and Chattooga,, 
 
 to the point where the last named river intersects with the thir- 
 ty-fifth parallel of North latitude, conforming, as much as possi- 
 ble, to the line agreed on by the Commissioners of said States at 
 Beaufort on the 2Sth April, 1787. 
 tieen^Goor- §1^- ^hc boundary between Georgia and North Carolina, 
 North'^car.)- ^^1^^^ Gcorgia and Teimessee, shall l)e the line described as the 
 Iwe'erGcorlthirty-fiftii parallel of North latitude, from the point of its inter- 
 B'e''sB?e^'^'"' section l)y the river Chattooga, West to the place called Nickajack. 
 
t*T. 1. — TIT. 1. — CHAP. 1. — ]5()uxi)ARY, tSovEiiKiGxri', &c. 7 
 
 Article 1. — The Boundary of tlie State. ~ 
 
 §20. The boundary line between Georgia and Alabama, shall 
 be the line described from Xickajack to "Miller's liend" on !''"«■ '•^- 
 ( liattalioochec, and doMii said river to its junction with the Flint. -'* ""'^ ^^°^- 
 
 §21. The boundary line Ijetween Georgia and Florida shall 
 be the line described from the junction of the Flint and (liatta-i.ine be- 
 hoochee rivers, to the ])oint Thirty-Seven Links Xorth of Elli-Sd'''"'' 
 cott's Mound, on the St. Mary's river ; thence down said river to ^''"■'''' 
 the Atlantic Ocean. 
 
 AUTK'LF II. 
 
 TiiK s()\i:){ki(;ntv and .jurisuktiox ok tuh state. 
 
 Seotio.v. Sectio.n. 
 
 22. Jurisdii-tion as to places. 24. Govornor inusi (L.-f.-iid Suits— wlicn. 
 
 2:5. Jurisdiction as to person.«. 
 
 §22. The sovereignty and jurisdiction of this State extends ^"^f.^ipi.y 
 to all ])ljices Avithin the limi'ts of her boundaries, except so fsir as'^'""*^"^'^"^ 
 she lius voluntarily ceded the same to the Confederate States, or"'"'"' 
 adja(rent States, over particular localities. 
 
 P^'). The jurisdi(^tion of this State, and its laws extend to'^«^'^''««-''ty 
 
 .11 , . 1 •! •.^ • • 1. . , , and jurisdif- 
 
 ail ])eis.)ns while within its limits, whether as citizens denizens ''"""s to 
 or temporary sojourners. 
 
 §24. When any suit is instituted against the State, oi- a-ainst '^''^' ''"T" 
 any ])erson, m tlie result of which the State has an iiiteix'st, thicifihe'" 
 under pretence of iiiiy claim inconsistent with its sovereignty, f,';^!^,!^,"'- 
 jurisdicticm or rights, the Governor shall, in his discrSioiii "' " 
 provide for the defence of such suit, unless otherwise specially 
 provided for. 
 
 AirncLE 111. 
 
 COAST SUmiCY. 
 
 Section. Section. 
 
 25. Persons employed ill Coasi Survey. ; 28. How costs may he avoided. 
 
 26. Damages to land owners— awarded. 29. Amount of the costs. 
 
 27. Award — ol)jectionstlioreto. issue, ete. 
 
 §25. Any person employed under the Act of the Congress •''iviieges to 
 of the Confederate States, i»roviding for a survey of the (toasts, ij'-^y"'^^^ 
 may enter upon lands tmd clear or cut timber within this State *'°^*^"'" 
 
PT. 1.— TIT. 1.— CHAP. 1.— Boundary, Sovereignty, ifcc. 
 
 Article 3. — Coast Survey. 
 
 upon the same, for any purpose legitimately connected with, and 
 requisite to effect the said object : Provided^ no unnecessary in- 
 jm*y be done thereby, and all damages to the owner of the land be 
 promptly paid. 
 &^^ers §2<'. if the parties representing the Government of the Con- 
 I^ded.^ ^'^' federate States, and the owner or possessor of the land so en- 
 tered upon, cannot agree upon the amount to be paid for said 
 damages, either party may complain in a summary manner to 
 the nearest Justice of the Peace of the county within which the 
 land lies, who shall associate with him two disinterested free- 
 holders of the county, one to be named by each party interested, 
 who sliall, upon hearing the parties, and with or without view of 
 the premises, as they may determine, prijceed to assess and award 
 the damages, if any, provided the party complaining sliall give 
 the opposite party ten days' notice in writing of the time and 
 place, when and where said complaint is to be heard, and the 
 name of the freeholder by him selected. 
 Award— ob- §27. Thc Said asscssors, without unreasonable delay, shall 
 "thereto, and file their award in the office of the Clerk of the Inferior Court of 
 
 trial of the 
 
 ieene. the county, which shall be conclusive upon both parties, unless 
 
 objections are filed to the same within ten days after the filing 
 of the award. If objections are filed, the other party shall have 
 written notice ; whereupon an issue shall be made and tried at 
 the first tenn thereafter of said Cburt, under the same rules as 
 other civil cases. 
 
 be avoided %'^^- The pcrson SO entering upon lands, may tender such 
 
 dlnwgc's^'^ °' amount as he chooses for the damage done, and if the damages 
 finally assessed shall not exceed the sum tendered, the party com- 
 plaining shall pay all costs. 
 
 ^^ountof 1 29. The costs before the Justice, and in the Inferior Court, 
 shall be thc same as are allowed by law in civil cases in said 
 Courts. 
 
 CHAPTER II. 
 
 THE POLITICAL AND JUDICIAL DIVISIONS OF TIIK STATE. 
 
 Article 1. Counties. 
 
 Article 2. Congressional Districts. 
 
 Article 3. Judicial Districts and Circuits 
 
PT. 1.— TIT. 1.— CHAP. 2.— Political Dmsioxs of the State. 
 'Article 1. — Counties. 
 
 APwTICLE I. 
 
 fOT'XTIKS. 
 
 Section. 
 :^0. Names and limits of Countio.«. 
 '^^. Cases belonging to new Counties. 
 32. Unexecuted processes transferred. 
 3.'J. OflScers out off into new counties. 
 34. Officers of adjacent County maj- act. 
 n.5. Juries for new counties. 
 36. Extra tax in new counties. 
 
 SrcTiox. 
 
 37. "W'hfi may qualify officer'-. 
 
 3R. Executors, Ac, cutoffinio new county. 
 
 39. When counties are divided by a stream. 
 , 40. Offences committed on water courses. 
 . 41. Offences committed on boundary line. 
 
 42. Counties entitled to 2 Representatives. 
 ' 43. Representation from new county, when 
 
 ^30. The State is flivided into the followintr counties, whose .^•'"P^ *"*' 
 boundaries and limits shall be ascertained by the several Acts •'<"*"*'^ 
 laying (»fVthe same, and those amendatory theref>f, viz : 
 
 .\ppling-. 
 
 Dawsrm. 
 
 Jasper. 
 
 Habun. 
 
 Bakei-. 
 
 Ttecatur. 
 
 Jefferson. 
 
 Randolph, 
 
 Haldwin. 
 
 ncKalb. 
 
 Johnson. 
 
 Richmond, 
 
 Banks, 
 
 Dooly. 
 
 Jones, 
 
 8chley. 
 
 Berrien, 
 
 Dougherty, 
 
 Laurens, 
 
 Scriven. 
 
 Bibb, 
 
 Early. 
 
 Lee. 
 
 Spaulding. 
 
 Brooks. 
 
 Echols. 
 
 Tiiberty. 
 
 Stewart, 
 
 Bryan. 
 
 Effingham. 
 
 Lincoln, 
 
 Sumter, 
 
 Bullock. 
 
 Elbert, 
 
 Lowndes. 
 
 Talbot. 
 
 Burke. 
 
 Kmanuel. 
 
 Lumpkin. 
 
 Taliaferro, 
 
 Butts. 
 
 Kannin, 
 
 Macon, 
 
 Tattnal, 
 
 Calhoun. 
 
 Fayette, 
 
 Madison. 
 
 Taylor. 
 
 Camden. 
 
 Floyd, 
 
 Marion, 
 
 Terrell, 
 
 Campbell. 
 
 For,^yth, 
 
 Mcintosh, 
 
 Telfair, 
 
 Carroll. 
 
 Franklin. 
 
 Meriwether, 
 
 Thomas, 
 
 Cass. 
 
 Fulton, 
 
 MiUer. 
 
 Towns. 
 
 Catoosa. 
 
 • lilmer. 
 
 Milton, 
 
 Troup, 
 
 Charlton. 
 
 Glasscock. 
 
 Mitchell. 
 
 T-5vngga, 
 
 Chatham. 
 
 Glynn, 
 
 Monroe, 
 
 L^'nion, 
 
 Chattahoochee. 
 
 Greene. 
 
 Montgomery, 
 
 Fpson, 
 
 Chattooga, 
 
 Gordon. 
 
 Morgan, 
 
 "Walker, 
 
 Cherokee, 
 
 Gwinnett, 
 
 Murray, 
 
 "Walton, 
 
 Clarke, 
 
 irnber.sham. 
 
 Muscogee. 
 
 Ware, 
 
 Clay; 
 
 Hall, 
 
 Xewton, 
 
 "Warren, 
 
 Clayton. 
 
 1 laucock. 
 
 Oglethorpe. 
 
 "Washington, 
 
 CUncli. 
 
 Haralson, 
 
 Paulding, 
 
 "Wayne, 
 
 Cobb. 
 
 Harris. 
 
 Pickens, 
 
 "Webster, 
 
 Coffee. 
 
 Hart. 
 
 Pierce, 
 
 White. 
 
 Columbiii. 
 
 Hoard. 
 
 Pike, 
 
 '\\'ilcox. 
 
 Colquitt. 
 
 Henry. 
 
 Polk, 
 
 "Wilkes. 
 
 Coweta, 
 
 Houston, 
 
 Pulaski. 
 
 "Wilkinson, 
 
 Crawford. 
 
 Irwin, 
 
 Putnam, 
 
 Whitfield. 
 
 Pade. 
 
 Jack.son. 
 
 Quitman, 
 
 Worth. 
 
10 FT. 1 .—TIT. 1.— C'll AP. :>.— PoLiTRAL Uivlsions of tjie Statk. 
 
 Article 1. — Counties. 
 
 Transcript of vr;^^ AVlien a iiew couutv IS orojaiiizecl, the iiinsdiction of 
 
 tran'sferrcd ^^^ siiitri pendiiiiz; ill the county, or coTinties, from wliich the iicsv 
 
 I* "''*■''"""■ county has heen hiid oti", of which, under the (\»nstitution and 
 
 Laws of this State, the new county sliouhl have coi>;nizance, is 
 
 transterred innnediately to the correspond in<>; Courts in such new 
 
 county, together with all the ('ourt ])apers pertaining" thereto, to 
 
 whicli shall 1)6 attached theeertiiieateof the Clerk ofthe(yOurt from 
 
 whence tliey came, that they are the pro]>er papers of the suit, 
 
 and the amount of costs accrued therein, the amount then due, 
 
 and by what })ersons paid, for Avhich certiiicate the Clerk must 
 
 receive from the person askino- the transfer, tlie costs then due, 
 
 unless he makes oatli tliat, oMinji; to liis ])o\('vty. lie is not aUle to 
 
 pay the costs. 
 
 Unexecutort ^S2. All proccss, (uiesue oi- tiual) or i);ii)er re(|uirin<>' some 
 
 processes to •' J ' ■ ' i J. i o 
 
 redto°ncw •»ffi<^'ial act to l)e done by any otlicer of the counties trom which 
 county. |]jj^ ^^^,^y county is taken, and which cannot he done by reason of 
 the creation of said new county, must, Mithout delay, be transmit- 
 ted by the same, to the correspondiuij; otticer in the new comity, 
 and if proceedings have been had thereon, and not tinally disposed 
 of, the officer of the new c(junty must proceed as though the pa- 
 per had been originally in his hands; l)ut ])ul)lication of the times 
 and places of sale, and proceedings of like character, sliall l)e in 
 the manner prescribed l)y law. 
 Officers cut ^o3. All ministerial officers in commission, inchuled within 
 
 oflr in new - 
 
 countyto f\^Q limits of the new county, lioM tlieir commissions, and e\- 
 
 retain their •■ ' 
 
 commission, greisc tlic dutics of tlicir office, until tbeii' conunissions e.\})ire 
 
 and their successors are elected and qualitied, unless there is nu^re 
 
 than one for the same office, and iis new counties (organized entirely 
 
 oidcmmty troui ouc couuty, all the officers of the old county are authorized 
 
 officers"of' to cxercisc their respective duties in the new county, uiitii the 
 
 "re^qiinMfied. proper officcrs are elected aiid qiuilitied; and Justices of the ]*eace 
 
 comprised in the new county, whose districts are not materially 
 
 disturbed by tlie lines of the new county, retain their offices, and 
 
 their district, until their commissions expire. 
 
 are^no^oflT ^'^^ When any new county, as orgaiuzed, is witliout a. i)er- 
 
 comity,°p^r^- SOU authorized to act as (Jlerk, or Sherilf, or both, a corresponding'^ 
 
 issue™and*' officcr ill aiiy adjoining county may exercise the duties of such 
 
 officers c?f officer, in issuing, serving, and returning ])rocess, until said new 
 
 adjacent . • t i 
 
 county. county IS supplied. 
 
 §35. The Justices of the Inferior Court of the new county, 
 aided l.)y the Clerks of the Superior and Infei'ior ( -ourts, and Sher- 
 
PT. 1 .—TIT. 1 .—CHAP. 2.— Political Divisions of the Statk. 1 1 
 
 Article 1. — Counties. 
 
 Juries for a 
 count V. 
 
 iff, shall, without delay, after their qualification, make a Grand ^Jf^i 
 and Petit jury box, and draw therefrom, pursuant to law, piinels 1',,"^ Z""'^''" 
 in time for the succeeding terms of the Superior and Inferior 
 Courts, and, if by the organization of the new county, the panels 
 already drawn for the old c<>untie3 are disturl)ed, the Justices of 
 the Inferior Courts of said counties, or two of them, or one, if 
 only one remaining, may, at any time before the next term of 
 said Courts, draw, to supply said deticicncy, the requisite number 
 of Grand and Petit jurors. 
 
 5^36. The Justices of the Inferior (\)urt r»f tlie new county F'^t'-»t«-^ J" 
 
 '' «' new county, 
 
 may levy, for the first year after their qualification, an extra tax ^"J'^^^j^^*'^*'^ 
 for county purposes, of such i)er cent. u})on the State tax, as may •'^'^''^'i- 
 be necessary, according to their discretion, and the terms of the 
 Act of organization. 
 
 Jj;>7. The (rovernor may direct the t/<r/i//tu-s- jX)testateit) f<^»i' ^uaJj/Vo-fl,. 
 the qualification of said Inferior Court, to the Judge of the Supe- ;.';„*,tv "'"^ 
 rior Conrt of the (circuit, any Justice of the Inferior Court or 
 any Justice of the Peace embraced within its limits, and in default 
 of either, to any Justice of the Inferior Court of ^i adjoining 
 county, and the qualification under it is legal. 
 
 §38. Anv Executors, .Vdministrators or (Tuardians making Exocutors 
 
 " . . . . . , . &c., cutoff 
 
 returns to the Ordinarv of the old county, and residing within i» new coun- 
 the Innits ot the ncAV county when organized, may make their '"ove their 
 
 • _ ^ ~ _ ' _ proccetlings. 
 
 returns to, and perform ;ill tlieir oflicial acts with the Ordinary 
 thereof, and when any such act is done, the jurisdiction is chang- 
 ed to the new county, and such trustee shall file with the Ordinary 
 of the new county, to be recorded by him. !i certified cojiy of all 
 his acts from the Ordinary of the old county. 
 
 §80. Wheneyer a stream of water is the boundary of a conn- J"risdiction, 
 
 1 . . 1 . . , , " when coun- 
 
 ty, the lunsdiction ot the county shall extend to the centre of the "'-^ ?'« 'J'"- 
 
 . ' <led by a 
 
 main channel of such sti-eam, and if an ofience is committed on^*»t»'r 
 
 course. 
 
 such stream, and the evidenc^e on the trial does not definitely dis- 
 close in which county it was committed, the Courts of either coun- 
 ty may maintain jurisdiction for the trial and ])unishment of the 
 ofifender. 
 
 §40. Whenever an ofience is connnitted on the waters <>fofoffenccr 
 any river which forms a l)onndary l)etween this, and any <>ther 1,^^^^°/^^?]',^.;, 
 State, the whole of whicli river l)elongs to Georgia, the <-ounty ;;?\^^.^"*""^ 
 whi(th is situate on the side of the y'whv opposite the point where J.;;^;',^"^^not,,. 
 the ofience is committed, has jurisdiction of the same, and if the ''" ^*"'''' 
 evidence on the trial does not definitely disclose on which side of 
 
12 PT. 1.— TIT. 1.— CHAP. 2.— Political Divisions of tue State. 
 
 Article 1. — Counties. 
 
 tlie line, between two counties, at the place where it touches the 
 river, the oifence was committed, tlie Courts of either county maj 
 maintain jurisdiction. 
 Kb^s""" §-^1. This State claims jurisdiction of an offence committed 
 Tffence^i's'' Oil aiiv of her boundai'v lines with other States for the county 
 on™^\o^uii- bordering on that part of the line where the offence was commit- 
 bet^een*^ ted, and if doubtful as to which of two counties (as set forth in 
 aifoTiSr""* the preceding Section) for either county, and will proceed to ar- 
 rest, indict, try, and execute, until such other State shall make 
 a demand for the accused as a fugitive from justice, in which 
 event, the progress of the case shall be suspended by order of the 
 Governor until the question of jurisdiction is settled. 
 Theconnties 849. Thc couiities of Bibb, Burkc, Cass, Carroll, Chatham, 
 
 entitled to <^ ' ^ 
 
 two Kepre- Clicrokee, Clarke, Coweta, Cobb, Columbia, Decatur, Floyd, Ful- 
 
 sentatives in ' ' ' ' 7 ^ 7 , j 
 
 latnJf^^^ ton, Gordon, Greene, Gwinnett, Hancock, Harris, Hall, Henry, 
 Houston, Jackson, Meriwether, Monroe, Muscogee, l^ewton, Ogle- 
 thorpe, Richmond, StcM^art, Sumter, Talbot, Thomas, Troup, 
 Walton, Walker, Washington and Whitfield, being thirty-seven, 
 are entitle(^ to two Representatives, and all otlier counties as the 
 Constitution prescribes. 
 Norepresen- §43. There shall be no representation in eitlier branch of 
 new county the General Assembly from any new county, until after tlie next 
 regular eiec- regular elcctiou for members of tlie same, but the Senators and 
 
 tion, after it ~ . i t i i ,» i • i> • jji. 
 
 18 organized. Representatives, already elected irom the counties tormmg the 
 new county, shall serve out the term for which they were elected, 
 without regard to their residence in or out of the old counties, 
 and all vacancies by death, resignation, or removal, shall be filled 
 by the county where the member resided at thc time of his elec- 
 tion. 
 
 ARTICLE II. 
 
 CONGRESSIONAL DISTRICTS. 
 
 Section. " | Section. 
 
 44. Congressional Districts. 1 45. New counties, -where attached. 
 
 congres- §44, Tlic State, under the present apportionment, being 
 
 tri^ts— 0/ entitled to ten Representatives in the House of Representatives 
 ticB^each 18 of the Congress of the Confederate States, they shall l)e elected 
 
 composed. i ,. ii • t^- • • i 
 
 from the lollowmg Districts respectively : 
 
 The First District shall be composed of the counties of Ap- 
 pling, Bryan, Bulloch, Chatham, Camden, Charlton, Clinch, Cof- 
 
PT. 1.— TIT. 1.— CHAR 2.— Political Divisions of the Statk. 13 
 Article 2. — Congressional Districts. 
 
 fee, Effingliaiii, Emanuel, Glynn, Liberty, Mcintosh, Montgomery, 
 Pierce, Scriven, Telfair, Tattnal, Ware and Wayne. 
 
 The Second District Bliall be composed of the counties of Baker, 
 Berrien, Brooks, CaDioun, Clay, Colquitt, Dooley, Decatur, Dough- 
 erty, Early, Echols, Ir^^'in, Lee, Lowndes, Mitchell, Miller, Ean- 
 dolph, Terrell, Thomas, Wilcox and Worth. 
 
 TJw Third Dintrict shall be composed of the counties of Chat- 
 tahoocjhee, Uarris, Muscogee, Marion, Macon, Quitman, Stewart, 
 Sumter, Schley, Taylor, Talbot and Webster. 
 
 The Fourth District shall be ('omposed of the counties of Jas- 
 per, PutTium. .Tone?, Baldwin, Bibb, Crawford, Wilkinson, Twiggs, 
 Houston, Laurens and Pulaski. 
 
 TJie Fifth District shall be composed c»f the counties of Burke, 
 Columbia. Clascock, Hancock, Jeflerson, J ohns(»n, Lincoln, Rich- 
 mond, Warren, Wilkes and AVashington. 
 
 The Sirth District shall be composed of tlie counties of Clarke, 
 Elbert, Franklin, Greene, Hart, Madison, Morgan, i^ewton, Ogle- 
 thorpe, Taliaferro and Walton. 
 
 The Seventh Distinct shall be composed of the counties of Butts, 
 Clayton, Fayette, Henry, Meriwether, Monroe, Pike. Spalding, 
 Troup and Upson. 
 
 Tht' Eighth DiMrict shall be (composed of the counties of Camp- 
 bell, Carroll, Cobb, Coweta, DeKalb, Fulton, Haralson, Heard, 
 Paulding and Polk. 
 
 The JSlnth District shall be composed of the counties of Banks, 
 Cherokee, Dawson, Forsyth, Gwinnett, Habersham, Hall, Jackson, 
 Lumpkin, Milton, Pickens, Rabun, Towns, Union and White. 
 
 Th<i Tenth DiMrict shall be composed of the counties of Cass, 
 Catoosa, Chattooga, Dade, Fannin, Floyd, Gordon, Gilmer, Mur- 
 ray, Walker and Whittield. 
 
 §45. If in the organization of a new county, there is an ^^^^^^^^^^^ 
 omission to specify to which Congressional District it belongs, it fo^n^^ when 
 shall be attached to that from which most of its representative |;trng1tT3%. 
 population has been taken, according to the Federal basis, which ^^°*- 
 shall be determined by the Governor, if necessary, at any time be- 
 fore legislation, to remedy the omission. 
 
u 
 
 i'T. 1.— TIT 2.— CiTizExsiiii- 
 
 Chapter 1. — "Wlio are Citizens. 
 
 AETICLE III. 
 
 .iriJiriAL DISTRICTS AND CIRCUITS. 
 
 Section. 
 46. Judicial Districts and Circuits, 
 n. Change of District or Circuit. 
 
 Seotiox. 
 
 48. To what Circuit a new county Vidongs. 
 
 .Judicial Di 
 tricts, and 
 Circuits. 
 
 §■!<;. The State is divided into iive Supreme Judicial Dis- 
 tricts, witli reference to the jurisdiction and pessions of the Su- 
 preme Court, and into sixteen Judicial Circuits in reference to 
 the jurisdiction and sessions of the Superior Court; tables of which 
 will be found in Part III, Title I. 
 
 §47. When any county is clianged iVom one Judicial Cir- 
 rj^^me Court, f.^^jt to another, Vv-ithin a different Supreme Judicial District, the 
 from onf "^ county is attached to the latter, and all bills of exception, after- 
 fnothor. *" wards certified, must be to the time and place for holding the 
 must g.'. to Qq^^yU of said District, but all bills certified previously, must be 
 heard at the time and })lace to wliich they are certified and re- 
 turned. 
 TowhuKir- §48. If any new county is organized with an omission to 
 countVbc- attach it to any Judicial Circuit, it belongs to tlie ('ircuit from 
 which most of its territory is taken. 
 
 «';ises taki-i 
 to the Su 
 
 lonsSk 
 
 TITLE II. 
 
 CITIZENSHIP. 
 
 CuAi'TKR 1. Wiio are Citizens. 
 Chapter 2. As to Expatriation. 
 
 CHAPTER I. 
 
 WHO ARE CITIZENS. 
 
 Section'. 
 
 49. Who arc deemed citizens of Georgia. 
 
 50. "Who are not white persons. 
 
 Section. 
 
 51. The st-atm of children. 
 
 52. Persons prohibited from citizenship. 
 
 i^meTciti- ^4^^- All free white persons born in this State, or in any 
 
 statV^*'^'' other State of this Union, who are, or may become residents of 
 
 tliis State, with the intention of remaining therein ; all free white 
 
 persons naturalized under the laws of the Confederate States, 
 
 and who are, or may become residents of this State, with the in- 
 
FT. 1.— TIT. 1'.— ('ni/.i:.Nsiiii>. 15 
 
 f'hapter 1. — Who are Citizens. 
 
 tention of remaining therein; all persons who have obtained a 
 right to citizenship under f(»nner laws, and all children wherever 
 horn, whose lather was a citizen of this State at the time of the 
 birth of snch children, or in case <»f })ostlnnnons children at the 
 time of his death, are held and deemed citizens of this State. 
 
 ^ ;")(». J^ersons havin<r one-eijihth, (»r more, of neirro or Af- ^'^''"'='r''n''''" 
 
 ~ ~ ' ~ sons ot color. 
 
 rican blood in their veins, are not wliite persons in the meaning 
 of this Code. 
 
 JJ51. The status of every person in this State. u]>on the ques-'ihfstatusof 
 
 .,,.-, • 1 i ' • 1 1 1 . 1 • 1 till' mother 
 
 tion ot ircedom, is dctennnied l>v the status (»t In- or lier fix<sthatof 
 
 , ■ luT childrun. 
 
 inotlier. 
 
 ^52. No person transported oi- banished from other countries wiio cannot 
 
 , ■ 1 • • 1 •/•'(> 1 licioine citi- 
 
 or States, witlnn or out ot this ( ontederacv. tor crnne involviuir''"^ "•■"''* 
 
 ; ^ Stiiti-. 
 
 moral tur|»itu(le. nrc pcnuittcfl to reside in, oi- b(>come citizens 
 
 of this State. 
 
 ("IlAPTEli [I. 
 
 .\S TO KXI'ATKIATION. 
 
 Skctkin. .Section. 
 
 ril). Ilow citi/.ciisliip may be roiioiinoed. 5.'). How citizonsliip is acquirfMl. 
 .'')4. When citizcnsliip cease.s. 
 
 ^58. Except in time of war, everv citizen shall have the ""'^■<^''^'^^;"- 
 right of expatriation, with a view to become a citizen of another '■<'""""^^' J- 
 State or country, not a jtart of the Confederate States, with 
 which this State is at i»eace. The declaration or ayowal of such 
 intention, accompanied by actual removal, is held a renunciation 
 of all his rights and duties as a citizen. 
 
 §54. Until citizenship is accpiired elseM'here, after compli- whon cui- 
 ance with the terms of Section No. 58, the person continues a cease".'' 
 citizen of Georgia, and of the Confederate States. 
 
 ^55. If a person, liaving been thus expatriated, acfiuires citi- How dtizen- 
 
 1' 1 !• • 1 11. T 1 ship may be 
 
 zensliip under some toreign power, he and Ins descendants, again ac- 
 who go with him for the purpose of residence, can be a citizen of one wiiohas 
 
 ,1 . Oi i • 1 X' • 1 /» 1 -1 . 1 renounced it. 
 
 tins State agam only atter a residence of three years herein, and 
 taking the oath i>f allegiance, as in case of other foreigners. 
 
16 JPT. 1. — TIT. 3. — Executive Depahtment. 
 
 Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 
 
 TITLE III. 
 
 OF THE KXECUTIYK DEPARir.MENT. 
 
 Chaptkk 1, The Governor — his powers and duties. 
 Chapter 2. The Executive Office and Secretaries. 
 Chai'tek 8. State House Officers — Secretary of State, ifec. 
 Chapter 4. Offices connected with the Executive Department. 
 Chaptek 5. Ilesjuh\tions as to all Executive offices and officers. 
 
 CHAPTEE I. 
 
 THE GOVKRXOR— HIS POWERS AND DUTIES NOT SPECIFIED IN THE 
 
 CONSTITUTION. 
 
 Sectio.v. I Section. 
 
 5G. Governor's Inauguration. j 68. ilay appoint Commissioners of deeds. 
 
 57. His oath to be taken. ! 69. He must commission ofticers. 
 
 58. He may call out the Militia. - TO. Shall issue grants to lands. 
 
 59. May call out Militia and Volunteers, j 71. Shall protect the public propert}-. 
 
 60. Shall cause fugitives to be arrested, i 72. Shall appoint officers and fill vacancies. 
 
 61. Deliver fugitives from other States, j 7.3. His Secretaries and other officers. 
 
 62. Dehvery suspended in certain oases. I 71. Officers of Public Institutions. 
 
 63. Fugitives not demanded. j 75. He may employ special agents. 
 
 64. Warrants for the arrest of fugitives. 76. May suspend collection of taxes. 
 
 65. He may ofter rewards. j 77. Payments from the Treasury. 
 
 66. Negroes illegally imported. i 78. Certain records to be kept. 
 
 67. He may pardon persons of color. ! 79. Seal of the Executive Department. 
 
 Governors §50. The Grovemor elect shall begin the discharge of his 
 tion. ' duties from the time of his inaugurati».)n. The ceremony of in- 
 auguration shall take place during the lirst week of the session 
 of the General Assembly, next after the election, and on such 
 day of that week as the General Assembly, by joint resolution, 
 appoints. On failure of appointment, it takes place at 12 o'clock, 
 meridian, on Saturday of that week, unless prevented by Provi- 
 dential causes. 
 His oath to ^57 'j'l^Q Q^^th ijrescribed by the 5th Section of the 3d Ar- 
 
 be taken m " i >/ 
 
 of L^.^sb"*'*' ti^l*^ *^^' ^^^^ Constitution of this State, and the oath to support 
 *'""^-° the Constitution of the Confederate States, shall be taken by the 
 
 Governor elect in the presence of the General Assembly. 
 ^h^MiH^ry* §58. It is tlio duty of the Governor to see that the laws 
 ^ryl^to^'^clc- are executed. For this purpose he has power, as Commander-in- 
 uws.""" Chief, to call out the Military whenever, in his discretion, the 
 
PART 1.— TIT. 3.— Executive Department. 17 
 
 Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 
 
 due enforcement of the process of the Courts is so resisted, and 
 set at defiance, as to require such interposition. 
 
 §59. In case of invasion or insurrection, tlie Govenu)r has JJ^y*'^/,',^""* 
 power to call out all Volunteer Military Companies, or the Mi- f,';rep**„nd'"^^ 
 litia, or both, for the defence of the State, until such time as the |{,";^^'''„*|*i'„. 
 General Assembly meet ; and when so called into action, he has fn\'^sLn° °^ 
 power to make all necessary provision for their transportation, 
 accommodation, equipment and support. 
 
 §00. Whenever there is found, within this State, a fu<j;itive sitilm, ho**"'" 
 from justice from a foreign State, and by tlie treaty stipula- li,e nVr"st^of 
 tioiis of the (/onfederate States such person is to l)e surrendered from foreigm 
 U}) to the autliorities ot siumi iureiti;n State u})on rcquisuu)ii 
 frctm the proper officers, the Governor, by his warrant, shall cause 
 ]iim to 1)0 arrested and delivered over to such officer. 
 
 §61. It is the dutv of the Governor, under his warrant, to '"i"'" roqui- 
 
 " ' . , ^ sit ion, he 
 
 cause to be arrested, and delivered up to tlie proiier officers of ;i>n!i. cause 
 
 ^ '_ ' ^ _ fnotivcs 
 
 anv other State of this Confederacv, anv fuijitive from justice J}"'" o^i^" 
 
 • ' • ~ •• States to be 
 
 from said State, u])on (k'lnand made of him bv the Executive of'',''^?^**^ /"(i 
 
 1 •' (lelivered. 
 
 such other State in tlie manner prescribed by the laws and (Con- 
 stitution of the Confederate States. And if such fugitive shall 
 have assumed another name in tliis State, and the Governor is 
 satisfied, by evidence under oath filed in his ofiice, of the identity 
 of sucli person with the fugitive demanded, he shall state the 
 fact in his warrant for the arrest. 
 
 §02. If any person demanded as a fugitive from justice, is. nend theX- 
 at the time of such demand, under prosecution for an otFence fugitive un- 
 against the laws of this State, the Governor shall suspend his de- tion in this 
 livery until the issue is determined as to his guilt, and if con- the prosecu- 
 demned, until he shall have suftered the penalty of the law im- 
 posed. 
 
 §63. When a person, charged with the commission of an JJ""' f"?'- 
 " i ' t? tives not de- 
 
 offence in some other State, shall flee into this, and is pursued {JJf"^^£,»^^'J 
 
 and caught, or some person in this State finding, shall arrest him, °*- 
 it is the duty of the Governor, on oath filed in his office of the 
 commission of the offijnce, and the identity and locality of the 
 party, to issue his warrant for his arrest, as in other cases, and 
 command his lodgment in any jail in the State, for as long as 
 twenty days, and if, at their expiration, there is no formal de- 
 mand made by the Governor of the State where the offence is 
 alleged to be committed, he shall be discharged from custody ; 
 but upon affidavit made before any proper officer of the comniis- 
 2 
 
18 PT. 1.— TIT. 3.— Executive I)Ei>AraMEXT. 
 
 Officers must 
 execute war- 
 rants for tlif 
 
 Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 
 
 sion of the offence, and of sucli intended application, the ac- 
 cused sliall l)e lield under it five days. 
 
 §(U. When tlie Governor, or other officer issues such, or any 
 Ji^est'oPiYi'-otlier warrant of arrest, it is the duty of tlie Sherifis, their Depu- 
 ^'"'"^' ties. Coroners and Constables, to execute them M'hen placed in 
 
 their hands, 
 ^a^dsfo^'' ^^^^^- The (-rovernor shall, in his discretion, olfer, and cause 
 the an-cstof^^^ ^^^^ paid, rcwards for the detection or apprehension of the per- 
 
 fclons. 
 
 itetrator of -dux felony committed Avithin this State ; but no such 
 
 reward shall be paid to any ofticer, who shall arrest such person 
 
 in the regular discharge of his duty, by virtue of process in his 
 
 hands to be executed, nor to any person who has arrested the 
 
 offender previous to the publication of the reward. 
 
 May cause § 60. Hc sliall liavc powcr to issue his warrant, and cause 
 
 pau^^'impor- to 1)0 arrcstcd, to be dealt with according to law, all negroes il- 
 
 stlte^tob" legally imported into this State, from any foreign port, or which 
 
 disposed of.' landed first in another State, may be brought into this, either for 
 
 the purpose of sale, residence or transportation through. 
 May par.ion ^Q^j, He sliall liave powcr to pardon or commute the pun- 
 
 orcommuto ' n -i i» i» i • j. i ±' 
 
 the punish- ishmcnt of auy slave, or tree person ot color, convicted ot any 
 
 ment of ^i t i i j? i • o x j. 
 
 slaves. capital offence under the laws ot this State. 
 
 May appoint | gg_ jjg sliall liavc powcr to appoiiit, in other States and 
 
 sioners of Territories of the Confederate States, Commissioners to take and 
 
 deeds in oth- V • i t i 
 
 er States, certify the acknowledgement or proof ot deeds, or otner convey- 
 ance of property in this State, of depositions under commissions 
 or otherwise, of powers of attorney, (of wills executed by persons 
 devising or bequeathing pr()})erty within the State,) and of other 
 instruments in writing, required to l)e attested under the laws of 
 
 this State. 
 Mustpnint Q ncj TTg shall "'rant commissions to all such oflicers of this 
 
 commissions S '-'"^" -^-^^ ►j^i" j^ 
 
 eiecMn this State, including Senators and Eepresentatives in Congress, as are 
 state. required to hold them, and in all cases, he may, in his discretion, 
 
 issue a dedlmus jyotestatem to such olficers as are authorized to 
 administer oaths requiring the qualification of the oflicer elect, 
 as provided by law, and to issue to him his commission. The 
 forms of all commissions shall be in the discretion of the Gover- 
 nor. Commissions thus issued are final, except where the Con- 
 stitution and laws otherwise provide. 
 Shall issue § ^A Tjg gi^all issuc all grants to lands under the laws of 
 
 CTfl-IltS to O ' ■ ^ 
 
 land. ^i^^g State, but such shall not be conclusive, but subject to the 
 
 investigation of the Courts ; and whenever such are declared by 
 
PT. 1. — TIT. 3. — Executive Department. 19 
 
 Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 
 
 the proper Court to have been wrongly issued, it is his duty to 
 issue another grant in accordance with such decision, if it so re- 
 quires. 
 
 §71. lie sliall have general supervision over all propertv ^^^'^i' ^upcr- 
 
 ""i ii«/ vise find 
 
 of the fetatc, with power to make all necessary regulations for the i"-oV:<"t *'''' 
 ^'- ■/ o public prop- 
 
 protection thereof, when not otherwise provided for. He must ^^r'J'' .^"'1?*- 
 
 ^ _ ' _ i sign to ofli- 
 
 assign rooms in the Capitol to all officers, who must hold their '•'■^ *''?^^,. 
 
 c> i. 1 rooms in tne 
 
 offices there, and, in the absence of any legislative provision, de- '^'-'i''*"'- 
 signate the imrpose for which other rooms are to be applied. 
 
 §72. He shall appoint all officers, and fill all vacancies, ^,!,'f,'/t ^ff^,f. 
 unless otherwise prescribed by the Constitution and laws. All en an ""^ 
 appointments to discharge a public duty by the General Assem- othc-rwisT* 
 bly, or by the Governor, under its authority, are declared to belor''^'''^ 
 offices witliin the meaning of the Constitution. 
 
 §73. lie lias the power of appointing the following officers, Maj- appoint 
 
 1 ^ ^\ ^ ^ ^ L^ • jj» i • i • » i.-i,.^ and remove 
 
 who shall hold then* offices durniir the tnne tor which he is Gov- his secreta- 
 ernor, suL)]ect to be removed at ins pleasure, viz : certain oth- 
 
 Three Secretaries of the Executive Department ; 
 
 A Messenger for his office ; 
 
 A State Librarian ; 
 
 A Guard for the Capitol buildings ; 
 
 A person to keep the Capitol Grounds, and other State prop- 
 erty at the seat of Government, in proper order. 
 
 § 71. All the officers of the following State Institutions, named i'n.'iuTof"* 
 in this Code and laws hereafter enacted amendatory thereof, I'.r lS™s' 
 unless menials, servants, day-laborers, or otherwise required, J^l^b^'lid ' 
 
 ■,Ti7 • Blind, and 
 
 ^ ^^ • officers of 
 
 Officers of the Penitentiary ; lo^yfliti^" 
 
 Trustees of the Lunatic Asylum ; aSr*"and 
 
 Trustees of the Asylum for the Deaf and Dum1) ; 
 
 Trustees of the Asylum for the Blind ; 
 
 Officers of the Western & Atlantic Eailroad ; 
 
 Keepers of the Arsenal and Public Arms. 
 
 §75. And he has power to engage the services of any com- sjecia'r^''"^ 
 petent person for the discharge of any duty required by the laws. Sever 
 and essential to the interests of the State, or necessary in an "'"''=''■•'■• 
 emergency to preserve the property or funds of the State. 
 
 §76. The Governor may suspend the collection of the tax-jf;^^^^- 
 es, or any part thereof due the State, until the meeting of thct^'^Ig'^^toA''^ 
 next General Assembly, but not longer, nor shall he otherwise "'"'• 
 interfere with the collection thereof. 
 
20 PT. 1.— TIT. 3.— Executive DEP^umiEXT. 
 
 Chapter 1. — The Governor, his Powers and Duties not specified in the Constitution. 
 
 froS^thf § '^'^' ^^^ payments from the Treasury, imless otherwise pro- 
 ■bl^S7on°"^^i^6^5 shall be made u})ou the warrant of the Governor, and 
 Go^raor's j^g ^^^^y ^yithhold liis approval on any acconnt audited and certi- 
 fied hy the Comptroller General. The Avarrant shall always spe- 
 cify on what ai»propriation or fund it is drawn. 
 tobekTft^ §'*^^- '^■'^^ Governor shall cause to he kept, and preserved 
 in^bookT" i^ the Executive Office, the following books of record: 
 A jJi^naf*' 1- -^ joumal or minute book, showing all of his official acts. 
 of Ws official 2. A Book of Appropriations, in which shall be entered a 
 A book of full account of all annual appropriations, setting forth the amounts 
 twns?^'"'* under their appropriate heads, together with the date of his 
 
 warrant for such appropriation, and in whose favor drawn. 
 A book of 3. A book giving a statement of the public debt of the State, 
 
 the public *^ ^ » 1 1 1 • 1 • 1 ji 1 
 
 debts. the dates and numbers ot the bonds issued, m Avhose lavor, and 
 for what amounts, thedateof pajmient and the disposition thereof; 
 also a full and accurate account of all sums of money that are 
 set apart as a sinking fund for the redemption of the public 
 debt, particularly setting forth the amount for the several spe- 
 cific purposes, when drawn, and in whose favor. 
 A book of 4. A book in which shall be kept copies of all bonds of agents, 
 evidences of disbursiug public funds ; also a schedule of all bonds and other evi- 
 the Stat"!;! dcuces of debt due to the State, and the disposition made thereof. 
 A book of 5. A Book of Commissions, showing the dates when issued, for 
 
 commissions tu-m- • i • "^o 
 
 of officers, all ofiiccrs, Civil and Military, m this State. 
 A book of C). A book showing the exact condition of the Educational 
 tion FiTud.' Fund of this State, and the annual income thereof. 
 A land book. 7. A book Or books containing a list of the respective numbers, 
 Districts, Sections and Counties of the several lots of land dis- 
 posed of by the several land lotteries, and the names of the 
 drawers of each, to whom and when granted, and a similar sched- 
 ule of all lands sold by the State, by whom purchased, and to 
 whom and when granted. 
 An Index or 8. Hc shall also keep, and cause to be carefully filed away, 
 pMso'f me in properly marked or numbered, all documents appertaining to his 
 his ofhce. ^^^,g^ whether there as the place of deposit, or received by mail 
 or express, and to keep a book as an index or key to the same. 
 other neces- 9. Aud auy otlicr books or files that, in his judgment, his De- 
 
 sary books. j ^ i ' 
 
 partment needs. 
 Executive §79. Thcrc sliall be a seal of the Executive Department. 
 ^^''^' The device shall be the same as that now used therein, and shall 
 
 not be altered, except by authority of the General Assembly. 
 
PT. 1. — TIT. 3. — Executive Department. 21 
 
 Chapter 2. — The Executive OflBce and Residence of the Governor, 
 
 CHAPTER II. 
 
 THE EXECUTIVE OFFICE. AND RESIDEXCE OF THE GOVERNOR. 
 
 Section. I Section-. 
 
 80. "Where Executive office must be kept. : 81. Where tlic Governor must reside. 
 
 §80. The Executive Office shall be in the State House, at wh'-'-c .the 
 the Seat of Government. If, from any cause, tliere is no State f^^ce must 
 House, or it has to be abandoned, then at such place at the Seat 
 of Government, as tlie Governor may direct, and not elsewhere, 
 unless made necessary from invasion, insurrection, pestilence or 
 rebellion. 
 
 §81, The Governor shall reside at the Seat of Government where the 
 
 -I . I . ,. rt> Governor 
 
 dUrnifr Ins term Ot OltlCe. shall reside. 
 
 CIIAPTEPw III. 
 
 THE SECRETARY OF STATE, TREASURER, SURVEYOR-GEXERAL, AND 
 COMPTROLLER GENERAL. 
 
 Article 1. The Secretary of State. 
 Article 2. The State Treasurer. 
 Article 8. The Comptroller General. 
 Article 4. The Survcvor General. 
 
 AETICLE I. 
 
 OF THE SECRETARY OF STATE. 
 
 Section-. ] Section. 
 
 82. Bond of Secretary of State. j 85. lie shall keep the State seal. 
 
 83. Must reside at the Capital. 86. The Great Seal of the State. 
 
 84. Must furnish applicants witlirct'ords. 
 
 §82. Before entering on the duties (.f his office, he shall exe- ^'^7;]tary of 
 cute a bond with sufficient securities, to be ai)proved by the Gov- ^'"'''• 
 ernor, in the sum of ten thousand dollars, conditioned for the 
 iaithful perform an ce of all the duties of his said office, and all 
 such duties as shall be required of him by the General Assembly, 
 or the laws of this State, and for a faithful account of all the pub- 
 lic money or effects that nuiy come into his hands during his 
 continuance in office. It shall be filed in the Eexecutive office, 
 
22 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 
 
 Article 1. — The Secretary of State. 
 
 wpv cvN ^^^^ ^ ^*^Vy tliereof, certified by one of the Governor's Secretaries, 
 denec. under tlie seal of the Executive Department, shall be received 
 in evidence in lieu of the oripjinal, in any of the Courts of thi& 
 State, 
 ke^ep'hisof- §^^' 11^ ^\yd\\ 1)0 provided with suitable apartments in the 
 capifoh''" State Capitol, furnished at the State's expense. He shall reside 
 at the Capitol, and keep his office open daily, Sundays and holi- 
 days excepted. 
 He shall fur- g g4_ Hc shall fumisli to all applicants, upon the payment of 
 
 nish copy of " ^ ^ ^ ' ■•■ . 
 
 records. the prescribed fees, copies of all records and public documents 
 within his office, and shall attach the Great Seal of the State to 
 such transcripts as the Governor, or General Assembly may di- 
 rect. 
 "avcM^per- §85. He shall receive no perquisites for any official act; but 
 quisites. ^1^^ i^ggg prescribed shall be collected by him, and paid into the 
 State Treasury, 
 
 kee'\h" 1- It i*^ ^^^^ ^^^^t.y ^^ ^<^^P ^^^^ Great Seal of the State ; the orig- 
 
 tain' rTcordI" "^^^ -^^'^^ passcd by the General Assembly, and aM the public re- 
 and papers, qq^^^ Qf ^hc State, uot appertaining specially to other offices. 
 He shall look to, and preserve the records and papers belonging 
 to the Senate and House of Representatives. He shall see that 
 the recorded journals of both Houses are deposited in, and kept 
 in his office. 
 
 He shall at- 2. He sliall attost all e-rants, and other public documents re- 
 test grants, ^ ' . . , i -ri 
 
 and6ther (luirino; the Great Seal of the State, issuino; from the Executive 
 
 papers. 1 ^ ^ o 
 
 of the State, 
 recwd of^ 3. He shall keep a record, in proper books, of all grants is- 
 
 grants. g^^^^j l^y ^J^g g^^te. 
 
 ke^ep^boLis. '^' He shall keep safely, all bonds of agents appointed to dis- 
 burse public money. 
 farnfsh\-uei, 5. Hc sliall providc all fuel, lights, servants, or other contin- 
 tilnerVf&c., gouts, uoccssary for the General Assembly ; also all stationery 
 era/Ass*^m-' for their use, and shall report the amount of the same to the Ei- 
 ^' nance Committee of the House of Ilepresentatives, before the ad- 
 
 journment of the session. He shall perform all other duties re- 
 cpiired of him by law, or which necessarily attach to his office. 
 hcTepth!*'' §S^- The Great Seal of the State, adopted Eebruary 8th, 1Y99, 
 his office. ^^^^ j^Q^y Q^^ deposit in the office of Secretary of State, is as 
 
 follows : 
 ■Description ^ Jt is of silvcr, and the size of two-and-a-quarter inches in di- 
 
 of fceal. ' •■■ 
 
 ameter. 
 
PT. 1. TIT. 3. — CHAP. 3. — Executite Department. 2S 
 
 Article 1. — The Secretary of State. 
 
 2. The device on one side is a view of the sea shore, with a 
 ship hearinjr tlie flag of tlie United States riding at anchor near 
 a wharf, receiving on hoard liogsheads of tohacco, and hales of 
 cotton, emhlematic of the exports of tlii> State; at a small dis- 
 tance, a hoat landing fi'oni tlie interior of the State, with hogs- 
 heads, &c., on hoard, representing her internal traffic. In the 
 back part of the same side, a man in the act of ploughing, and 
 at a small distance a flock of sheep in different pastures, shaded 
 by a flourisliing tree, the motto thereon — Agriculture and Com- 
 merce, 1790. 
 
 3. Tlie device on the other side is three pillars, supporting an 
 arch, with the word Constitution engraven within the same, em- 
 blematic of the Constitution, supported l»y the three departments 
 of Government, viz: the Legislative, Judicial and Executive; 
 the first ])illar to have engraven on its base, "Wisdom;" the sec- 
 ond, ''Justice ;" the third, "Moderation;" on the right of the 
 last pillar, a man standing with a drawn sword, representing the 
 aid of the Military in the defence of the Constitution ; the motto, 
 State of Georgia, 1709. 
 
 ARTICLE II. 
 
 THE STATE TREASURER. 
 
 Section-. j Section'. 
 
 87. Treasurer's bond. 91. Must settle with his successor — when. 
 
 88. His rights and duties. 92. How dealt with on failure to settle. 
 
 89. His duties specified. 93. lie shall keep a book of State bonds. 
 
 90. His office subject to inspection. | 
 
 §87 The State Treasurer nmst give a bond, conditioned the ^^^^f^j^^r^^ 
 same as that of the Secretary of State, for the sum of two liun-'"'"*^- 
 dred thousand dollars, and subject to the same rules and regula- 
 tions. 
 
 §88. His rights and duties are the same as those of the Secre- "'.j [^fj|[.| 
 tary of State, set forth in section eighty-flve, except the use of ;;'J,^.'^ta*^^of 
 the Great Seal. He shall receive no perquisites for any official ''''"' *"■ 
 act, but the fees prescribed shall be collected by him, and paid 
 into the State Treasury. 
 
 §80. It is moreover the duty of the State Treasurer — ktop.-lnd** 
 
 1. To receive and keep safely all the money which shall be lundsTf the 
 paid to him in l)elialf of the State, u])un the certificate of the 
 
^ FT. 1.— TIT. 3.— CHAP. 3.— Executive Depaktmext. 
 
 Article 2.— The State Treasurer. 
 
 Comptroller General, and to pay out the same, only upon the 
 warrants of the Governor, when countersigned by the Comptrol- 
 ler General, excepting the drafts of the President of the Senate 
 and Speaker of the House of Representatives, for the sums due 
 to the members and officers of their respective bodies. 
 Shall keep :i 2. To keep in liis officc a 1)Ook, ill whicli shall be entered all 
 
 book of war- ■*■ , . . , , 
 
 rants drawn "waiTants drawn on him by the Executive, stating m whose tavor 
 drawn, the date, the amount thereof, and to what fund charged, 
 and to retain and file away carefully all such warrants. 
 
 His duty as 3. To kecD annuallv an account of all taxes that may be due 
 
 toanaccount -■■ '^ i t-> i t • 
 
 of taxes. and unpaid, by the several chartered 13anks, and to entorce the 
 
 collection thereof, agreeal^le to the laws in force ; also to keep an 
 
 account of all taxes paid into the Treasury annually by the Tax 
 
 Collectors of the several counties. An abstract of these accounts 
 
 must be laid before the Governor. 
 
 He must 4- And preceding each Annual Session, he must submit to the 
 
 matTsof pro- Govcmor detailed estimates of the probable receipts and expen- 
 
 ceiptsMd ditures, for the next fiscal year, stating the sources of income, and 
 
 tunfs" ' the probable amounts to be received therefrom ; also the objects 
 
 of appropriation, and the probable necessities of the Treasury. 
 Must pay^^ 5. To pay all funds pledged to the payment of the public debt, 
 appropriated qy interest thereon, or to anv obiect of education ; and to these 
 
 funds to 5 ./ J f 
 
 t^?*"" proper objects only, and in nowise to any other purpose; all payments from 
 the Treasury shall be paid from the fund appropriated for such 
 purpose, and not from an}^ other. 
 
 Must make Q^ At tlic cud of cveiT quarter of the vcar, to make a written 
 
 quarterly re- ' ^ •-' ' 
 
 ports to the rcport, ou oatli to the Governor, of the several amounts received 
 
 Governor. J- ' ' 
 
 by him during the three months preceding such report. 
 MrtpMr"" "i- To keep safely the scrip for Bank Stock, the State Bonds, 
 Bank Stock, ^^^^ otlicr evidciices of the Educational Fund, and manage and 
 
 control the same for the purposes to which tliey are })ledged. 
 
 He may, under the direction of the Governor, deposit all funds 
 Under the ^^^ apart for the })urpose of Education, or any other purpose not 
 <?irection, he i'e<piii"od for immediate use, in any chartered Bank of this State, 
 ^nds1n^°*'*s^i^>ject to his draft as Treasurer, and with the Governor make 
 '^^^^' such contract witli said Bank, for the use of such funds as may 
 
 be beneficial to tlie State. 
 Shall not use 8. He sliall uot, uiidcr any circumstances, use himself, or allow 
 
 the ftmds of i . i . i r . ' t • i i n . 
 
 the State, othci's to usc, tlic luuds ot the State m Ins hands, and tor every 
 Penalty violatiou of this scctioii, he is liable to the State for the sum of 
 
^^T. 1. — TIT. 3. — CHAP. 3. — Exectttive Department. 
 
 25 
 
 Article 2.— The State Treasurer. 
 
 five lumdred dollars as a penalty, or a forfeiture of salary, if said 
 forfeiture will pay the penalty incurred. 
 
 9. lie is authorised to pay all officers of the State, whose sala- Il« "^^y r^r 
 
 , • x: 1 1 1 /-• ' ■' P^'' cent 
 
 lies are tixed by law, seventv-five ])er cent, of the amount for "^ ''•'''"'^^'s 
 wjiieli service iias actually been rendered at the date of --aid nav-*'""' ^-cgisia- 
 
 , . • /» ' 1 i: •/ tors wnthout 
 
 nient, taking receipts for the same, which shall he his vouchers ''■''"■'"'^'• 
 and offsets, to Executive warrants for said salary, and may also 
 pay members of the General Assembly in the same way, when 
 their accounts are duly audited, unless prevented by the resolu- 
 tion of either, or both branches of the General Assembly. 
 
 10. He shall annually report to the Governor, the amount of a^'icportlo 
 the State debt, bearing interest for each vear, distinguishing be-m.r'^^hr" 
 tweeu the sterling bonds, if any, and federal ; the rate per cent. "LTof th"' 
 paid upon each kind of bonds; the amount u].on each rate paid ; ^"^"' *''*'''• 
 also the exchange, if any, and the aggregate amcamt of interest 
 
 paid in each year, and the amount due and unpaid at each semi- 
 annual payment, and the reasons for such non-payment. 
 
 11. When he pays the interest or principal of the State debt, ?i"^t deposit 
 upon a warrant issued in his favor, he shall deposit in the Exec- ""^'^''''ffi^^r 
 
 T.+i',.,-K ^fii 1 1 1 . -. , coupons or 
 
 utne otUce, coupons or bonds, on Avhich the payments are made,^""''"- 
 there to l)e marked ]>aifl and tiled away, subject to ^he order of 
 the General Assembly. 
 
 12. He shall not pay any appropriation due and not called i^'^f j^^.tp^y 
 for, within six months after the expiration of rlie political year *"'"'«"""t'' 
 101 Miiich it IS appropriated, but it reverts to the general fund in 7;'^^" .^ 
 the Treasury. ^ ^"'" ™'^' 
 
 13. All reports required to be made to the Governor bv the •^"rP"'"l' 
 
 rp 1 n 1 T • inaclo to the 
 
 lieasurer, shall be made annually, on or before the 15th of Oc- j;:');',;:;!'"" ^° 
 tober, and shall be iiled'in his office, and by him laid before the Gen- ' 
 eral Assembly, in connection with his first Annual Message there- 
 after. 
 
 §90. The Governor may exercise a general superintendence Troasurer-s 
 over the office of State Treasurer, not inconsistent M'ith the pro-iectloGo'v- 
 visions prescribed for it by law, and may, at anv time, appoint ^i'n^"" 
 some competent person to examine into the state of such office oovcmor 
 for any jHM-iod of time he may designate, and report its condition :ji.;^;,7;f^o 
 to him, and shall have power to recpiire of such Treasurer, to!;;;* 
 Mdthdraw the public funds from any place of deposit deemed un- 
 safe bv him. Treasurer 
 
 rosiprninf 
 
 §91. If the Treasurer resign, or is iTmoved, he must, M'ithin ;;?^j['hX 
 ten days thereafter, state Iiis accounts, and deliver the books, pa-li^y 
 
 suc- 
 cessor in ten 
 
$Q PT. 1.— TIT. 3. CHAP. 3.— Executive Department. 
 
 Article 2. — The State Treasurer. 
 
 mu^t'record P^^"^ ^^^ monej of tliG Treasury to his successor, taking liis re- 
 ami'r™eipt ccipt thercfor, and the Comptroller must record a statement of 
 inhisoflice. c,\iq}i settlement and receipt, in his office, and report the same 
 
 fortliM'ith to the Governor. 
 HowTreas- § 92. If the Treasurer fail to comply with the provisions of the 
 -svith who' i^recedinc^ section, or if he dies, absconds, or absents himself with- 
 
 fails to settle -^ ~ ' ' i . t t ^ ti 
 
 wthsucces- out sumcient cause, tor as long; as thirty days, the Comptroller, 
 
 or, or absents . . ' . . ^ _^ .7 ./ ' i 7 
 
 himself. alter giving ten days notice by publication in some public gazette 
 at the seat of Government, must proceed, and in the presence of 
 any i>ersoii wlio may appear in behalf of the late State Treasur- 
 er, to state his account and deliver the books, papers, money and 
 all other appurtenances of the office, to his successor, taking his 
 receipt therefor, and record and tile such statement and receipt 
 in his office, and report forthwith to the Governor, 
 book of state § ^^- The Treasurer shall keep a book, in Avhicli he shall re- 
 thdrpay-'^ cord a description of all the bonds heretofore or hereafter issued 
 ment. |^-^, ^j^jg State, and in said book shall note all bonds paid, and the 
 date of payment, and all coupons paid on each, and the date of 
 their payment. 
 
 ARTICLE III. 
 
 OF THE COMPTROLLER GEXERAL. 
 
 Sectio.v. 
 
 94. Comptroller's bond. 
 
 95. His rights and duties. 
 
 96. His duties specified. 
 
 97. Annual Report to the Governor. 
 
 98. His authority. 
 
 99. Improvements in revenue laws. 
 100. Book of appropriations and warrants. 
 
 Section. 
 
 101. Bonds of Tax Collector and Receiver. 
 
 102. Must give copies of office papers. 
 10.3. DeUvery of office to successor. 
 
 104. Additional fees. 
 
 105. Additional duties. 
 
 lOG. Shall not speculate in wild lands. 
 
 Bond of ^ 94, The Comptroller General must give a bond conditioned 
 
 Comptroller " ^ -, i' 
 
 General. tlic saiuc as that of tlic Secretary of State, for the sum ot twen- 
 ty thousand dollars, subject to the same rules and regulations. 
 His rights 8 95_ jjig rig-hts and duties are the same as those of the Secre- 
 
 and duties. <J o 
 
 tary of State, set forth in sections 84 and 85, except the use of 
 the Great Seal. He shall receive no perquisites for any official 
 act, but the fees prescribed shall be collected l)y him and paid 
 into the State Treasury, 
 an account of § ^♦^^ I^ is morcovcr the duty of the Comptroller General — 
 
 1. To keep an account showing the several appropriations au- 
 
 appropna 
 tions. 
 
FT. 1.— TIT. 3.— CHAP. 3.— Executivk Depari-ment. 27 
 
 Article 3. — The Comptroller General. 
 
 thorized by law, the time when the same are drawn from the 
 Treasury, in whose favor, and to wliat fund charged. 
 
 2. To countersign all warrants upon the Treasury, drawn by countersign 
 
 ~ -^ . ;■ . ^^•arrants on 
 
 the Governor. the Treasury 
 
 3. To audit all accounts a":ainst the State, and allow or reiect ^^»st audit 
 
 ~ ' " accts. against 
 
 the same before they arc submitted to the Governor. the state. 
 
 4. To examine all the digests of Tax Returns forwarded to his fn" a*nd'^^"\" 
 office by the several Receivers, and note and correct all mistakes "e^t^'^ ^^' 
 therein, and notify the Collector of such corrections. 
 
 5. To settle with and ascertain the amounts due from all Tax ^j^^^^x coi- 
 Collectors, and all other persons indebted to this State, and give kepp^^jcount 
 certificates of the amounts due, before the same are paid into the"^ ^''^ ^™^' 
 Treasury, and keep an account showing the amounts thus paid 
 therein. 
 
 0. To collect all amounts due from defaulting Collectors of Tax- Fs"Emm * 
 es, and issue execution therefor, against them and their securi- 'jax'coiifc- 
 
 1 • tors. 
 
 ties. 
 
 7. To see that no draft or warrant be countersigned by him, to Omptroiier 
 
 . 1 , T . , 11 andTrcasur- 
 
 be paid out ot any ai)pr(ti>riatc(l lund, alter the same has been '■'• 'iai'i<- f^r 
 
 .' . n • 1 "" nionies 
 
 exluiusted, and in such case, or in any case of illegal payments i""'! "" ^ar- 
 
 "^ _ ~ •• "^ rants im- 
 
 from the Treasury upon warrants countersisrned by the Comp- properly 
 
 " •"■ .... countersign- 
 
 troller, he, as well as the Ti'easurer, with all tlieir securities, are^*^- 
 jointly and severally liable upon their several bonds for the repay- 
 ment of such amounts, with all expenses of prosecution, to the 
 State. 
 
 8. To issue his draft, payable to the Treasurer, for the amounts ^''U']"^'!" 
 
 ' I ^' ' draft for tax- 
 
 of all dividends or taxes due by chartered Banks in this State, or ?f '^"<' %^^\ 
 
 J ' Hanks, u not 
 
 by the agencies of foreign Banks, and on failure to pay the same, J^^'ecnUon" 
 to issue Execution therefor. 
 
 sliall rc- 
 
 9. To re-ceive and keep safely, and collect all e\'idences of debt ".-V^'"^,, 
 due to the State, from any other source than taxes, and pay over ™";'"p^y "„ 
 the same to the Treasurer as soon as received. Treasurer. 
 
 10. To notify the Attorney and Solicitors General, or any oth- "^: "^"ye; 
 
 'I u 7 ,/ quire report 
 
 er Attorney in his discretion, of all executions against default- [J"','"^^ ;^j']"^;j 
 iug Tax Collectors, and require of them annually a report of the ^^^^""^ ^'■'"' 
 state or condition of such executions, prior to the session of each 
 General Assembly. 
 
 11. To keep a book in which to enter all bonds taken since thel'<>"k "f. 
 
 ^ ^ bonds since 
 
 third day of March, 1850, and to file the orisnals in his ofiice. i^56, ami;fiie 
 
 '' _ _ ~ _ originals. 
 
 12. To have made suitable indexes to the record books in his shaii cause 
 
 _, books to be 
 
 OlllCe. indexed. 
 
28 PT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 
 
 Article 3. — The Comptroller General. 
 
 Mnst audit 
 accounts. 
 
 13. To audit the accounts of all agents disbursing public money- 
 Shall aunu- §^'^- To make a report annually to the Governor, showing — 
 thJGcfve"*' 1- ^1^ account current from his books, between the Treasurer 
 ^^^' and the State, of all receij)ts and payments, including amounts 
 
 paid on the drafts of the President and Speaker, as reported to 
 
 him by the Treasurer. 
 byTaT''^ ^- A statement of the taxes paid to the State by each of the 
 county. counties, as appears by the Digest thereof, and the counties 
 
 whose collectors are in default, and the amount of such default. 
 Debts duo to 3. A statement of all evidences of debt due the State, and un- 
 
 the State. n t • 
 
 collected, which may remain in his office, the condition of the 
 same, the name of the Solicitor or Attorney having it in charge, 
 and his report of it. 
 
 Educational 4^ ^ statement of the Educational Fund of the State, its an- 
 nual income, the amounts paid out, when and to whom. 
 
 Public Debt. 5. A statement of the condition of the Public Debt of the 
 State, the amount of interest paid, and the fund from which paid. 
 
 monT^A tf ^' ^ statement of the accounts of all officers and agents dis- 
 bursing public money, and the names of such as have failed to 
 comply with the laws relating to their offices and appointments, 
 and the several sums for which they are in default. 
 
 Salaries And w rm 1 • •• ^n>i iir>i 
 
 pay of offi- 7. Ine salaries and pay 01 all officers ot the State. 
 
 Incidental 8. The incidental expenses of the General Assembly, Execu- 
 
 ifelishiture. tive aud Judicial departments. 
 
 onTontracts. ^^- ^^^ ^ums paid, or due to individuals by special contract. 
 
 § 98. He has authority — 
 business. 1. To Settle uj) the business of the office for previous years. 
 
 ^w*'comm?s- 2. To allow Keccivers and Collectors of Taxes their Commis- 
 coilecrors &sions, and to balance the Tax Books and other books of the office 
 thenf. '" upon satisfactory proof of payment or settlement. 
 ^aiATaxlT ^- '^^ collcct all Unpaid taxes of previous years. 
 He™^s"s- § 99. In his Annual Eeport the Comptroller General shall sug- 
 m Ke™mie ^^^^ ^^^*^^^ improvements in the Revenue Laws as his experience 
 Laws. and observation may approve. His Report must be made at 
 
 the time the Treasurer's is, and likewise communicated to the 
 
 General Assembly. 
 Musticeep §100. He luust IvCcp ill his office a well bound book, in which 
 
 books 01 an- ^ ^ ' 
 
 ^J^^^'^.'^PP'"";^ shall be entered in alphabetical order, the full amount of all 
 ^^''J'^^^^^^^" annual appropriations, setting forth the amounts under their 
 Condition of^^^^^^^'"^^ heads, all warrants that he may check and pass, together 
 the state, ^yj^]^ |]^g f^j^^| q^^ wliicli it is drawu, the time, amount, and in 
 
FT. 1.— TIT. 3.— CHAP. 3.— Executive Department. 29 
 
 Article 3. — The Comptroller General. 
 
 whose favor drawn, and make all entries necessary to a true ex- 
 hibit of the finances of the State. 
 
 §101. He must keep a hook in which to enter all bonds taken Mnst keep 
 of Tax Collectors and Receivers, and keep the same on file in his collector & 
 
 . . Receiver's 
 
 ofiice. He shall collect all unpaid taxes ot previous vears at aP"n'^^ and 
 
 . , , 11 '' file originals. 
 
 compensation of five per centum on the amount collected. 
 
 ^102. He must certifv under his oflicial seal at all times when ^"*t give 
 " ^ •' . copies of pa- 
 
 necessary for the public use, and on application and payment of p^""*- 
 
 his legal fees therefor, for jirivate use, copies of any papers kept 
 
 in his office. 
 
 §103. If the Comptroller resigns, or is removed, he must im-M«st settle 
 mediately state his account, and deliver everything pertaining to w)'r,'anjr^dl- 
 liis office to his successor; or if he dies, absconds, or absent him- everything 
 self for as long as thirty days M'ithout tlie Governor's permission, Sis otiice. 
 the Governor may without delay declare the office vacant, supply when office 
 his place by appointment, examine the condition t»f his office S(Wa-^^ 
 and deliver over to the appointee. *^° 
 
 § 101:. He shall, in addition to his salary, have ten per cent, on Additional 
 all sums he may collect, except for taxes, which necessarily was '^**' 
 the duty of a predecessor to collect, and which M'as not done. 
 
 § 105. The Comptroller General must make out for the use of ,^}!t''mu8r" 
 the General Assembly — '=°°**'°- 
 
 1. A table containing tlie taxable property and other items on 
 the Tax Digest of each county for the year in which he makes 
 his Annual lieport. 
 
 2. A table annually of the polls in each county for the year 
 immediately preceding his Report — the number of voters in each 
 county at the general election next preceding his Report — the 
 number of children in each county returned for participation in 
 the Educational Fund and the amount drawn by each county 
 from said fund — the amount drawn by each county for pay of 
 members of the General Assembly — the total amount drawn by 
 each county from the Treasury and tlie total amount of net tax 
 paid into the Treasury for the year preceding by each county. 
 Also, to furnish such other statistical information connected with 
 his office as may be useful to the General Assembly. The An- 
 nual Reports of said officer and of the Treasurer must contain 
 only the available funds or cash in the Treasury as the balance 
 therein. They are also required to report separately and under 
 the head of " Assets belonging to the State," all Bank or Rail- 
 road Stocks or Bonds, or other assets. The State Road to be 
 
30 
 
 PT. 1.— TIT. 3.— CHAP. 3.— ExECFm-E Depaetment. 
 
 Article 3. — The Comptroller General. 
 
 reported "svitliont any stipulated value. Sucli officers are author- 
 ized to make sucli transfers or alterations on tlieir books as are 
 necessary to comply witli tlie preceding- section. The items 
 "Darien Bank Bills," Western and Atlantic Railroad script and 
 nncurrent funds hitherto reported, must he sealed up, remain in 
 the Treasury and be left out of all future Annual Reports of 
 said officers. 
 
 § 106. He shall not directly or indirectly be interested or en- 
 wiiii iands. g'aged in the purchase and sale of wild lands on speculation, on 
 pain of removal by the Governor, or the General Assembly. 
 
 Shall not 
 speculate in 
 
 ARTICLE ly. 
 
 OF THE SURVEYOR GENERAL. 
 
 Sectiox. 
 
 107. Surveyor General's bond. 
 
 108. His ris-hts and duties. 
 
 Sectiox. 
 
 109. Other duties. 
 
 110. Shall not speculate in wild lands. 
 
 His bond. § 107. The Surveyor General must give a bond conditioned the 
 
 same as that of the Secretary of State, and for the same sum, 
 
 subject to the same rules and regulations. 
 General's § l^S. His riglits aiid duties are the same as those of the Se- 
 li'J-^to^ecTC- cretary of State set forth in sections 84 and 85, except the use of 
 tary o State, ^-j^^ Great Scal. He shall receive no j^erquisites for any official 
 
 act, but the fees prescribed shall be collected by him and paid 
 
 into the State Treasury. 
 
 § 109. It is moreover the duty of the Surveyor General — 
 
 1. To keep safely all the records of plats of land granted, and 
 to report the condition of such records to the Governor at least 
 once a year. 
 
 2. To record all plats of land legally authenticated and re- 
 turned to him by the several County Surveyors, or other Sur- 
 veyors, acting by authority for which grants are sought, and to 
 furnish the originals thereof to the Secretary of State, to be 
 attached to the grants. 
 
 3. To keep in his office correct maps of all the different sur- 
 d^stricts.^"*' ^^7^ (made by State authority) and of those comprising the land 
 
 lotteries, tlieir divisions into numbers, districts, sections and the 
 
 &c. 
 
 Must keep 
 records of 
 plats and 
 grants and 
 report to Go 
 vernor. 
 
 Must record 
 plats and 
 furnisli orig- 
 inals to Se- 
 cretary of 
 State. 
 
 Must keep 
 maps of all 
 
 Must keep 
 register of 
 grantees, &c. 
 
 like, having for every district a separate map. 
 
 4. To keep a register of the various grantees thereto, and the 
 dates of the grants. 
 
 <C2 
 
PT. 1.— TIT. 3.— CHAP. 3.— Executive DEPARXiiENx. 31 
 
 Article 4. — The Surveyor General. 
 
 5. To keep correct maps of all surveys of rivers, li arbors, ^jj;^'^^^!;^^^^^. 
 swamps or land, made by the special direction of the General HTcrs!*hai- 
 
 . 11 bors and 
 
 Assembly. swamps. 
 
 6. He shall, when necessary contract for the execution of 'it^^v J;["^>;J|^ay^e 
 maps, or tlio re-execution of, or repairs of old maps subject to ™j'';;->n'i^^ 
 the ratification of the General Assembly. '''■''''''• 
 
 7. He must ccrtifv under his official seal, as the Comptroller Must piye 
 
 ' -^ copies of pa- 
 
 General is directed in Section 102. i"""*- 
 
 §110. He shall not directly or indirectly be interested or en- ^•>'»i]^jj^'jt .^ 
 
 gaged in the purchase aiul sale of wild lands on speculation, on'*"'' 
 
 pain of removal by the (irovernor, or the General Assembly. 
 
 1 lands. 
 
 CHAPTER lY. 
 
 OTIIKR OFFICERS CONNECTP^D WITH THE EXECUTIVE DEPARTMENT. 
 
 Article 1. State Librarian. 
 
 Akticle 2. Governor's Messenger and State House Guard. 
 
 ARTICLE I. 
 
 STATE LIBRARIAN. 
 
 Section. 1 Section'. 
 
 111. Librarian's l)ond. IIG. He must take and file receipts. Au". 
 
 112. He must keep the State Lilirary. 117. He must exchange for reports, kc. 
 
 113. He must preserve the book.s, &c. 118. His office is subject, &c. 
 
 114. He shall distribute the laws, Ac. 119. He must deliver contents of office. 
 
 115. Ho must keep a catalogue of books.] 
 
 ^111. The Librarian must give a bond in tlie sum of two ^^®[ "^^"'^ 
 thousand dollars, with good security, payable to the Governor 
 and his successors in office, conditioned for the faithful perform- 
 ance of his duty as State Librarian. 
 
 §112. The Library belonging to this State with such additions j^,^,]J^|,„^JiP 
 as may l)e hereafter made from an}'- quarter, together with, all ^''^™'"y- 
 copies of the laws, journals, or other books published, or pur- 
 chased by the State, shall be kept in appropriate apartments at 
 the Capitol building designated by the Governor, under such 
 rules and regulations as he may from time to time prescribe. 
 
 §113. It is his business to preserve, keep in order, and protect ^lust pro- 
 said Lilirary; to keep the same open for the inspection of '^ll^°^t';®gy.^° 
 citizens of the State, and to discharge such other duties in con-jecttotho 
 
 ' o inspection or 
 
 nection with the Lil)rary as may be required of him by law, or""^'^'^^- 
 the Governor of the State. 
 
32 PT. 1.— TIT. 3.— CHAP. 4. — Executive Department. 
 
 Article 1. — State Librarian. 
 
 Shall distri- § 114. The distribution of the Laws and Journals, Reports of 
 
 Dute Laws " ^ ' -^ 
 
 and Journals ^l^g Supreiiie Court Decisioiis, Laws of the Confederate States, and 
 
 and other i ' ' 
 
 books. j^ij other books required to be distributed to the several counties 
 (of the State) or to be sent to other States, shall be made bj the 
 Librarian under the direction of tlie Governor in pursuance of 
 the provisions of the law in respect thereto, 
 rataiogue^of § 115. He shall make out and keep on hand a catalogue of all 
 books. ^1^^ books in the Library, to be amended without unnecessaiy 
 delay from time to time, as he may obtain new books, or di&pose 
 of old ones, which shall be printed and kept in liis office in two 
 or more conspicuous places. 
 Must take §116. It is liis dutv to rcccivc from the State Printer the 
 cciptsfor Laws and Journals, and when distribution is made to the various 
 distributed, couiities, to take from Clerks of Courts, or other distributees, 
 their receipts therefor, likewise all other books required to be dis- 
 tributed. He must receive and take receipt on the distribution,, 
 and keep in his office a file of such receipts. 
 Must effect S 117. He must correspond with the proper authorities of otlier 
 
 exclia.ii*^6 of 
 
 Reports with States wlio publisli the reports of their hio-hest appellate tribunal, 
 
 other States. ^ 1 . <> Vi r^ 
 
 with a view to exchange theirs lor our Supreme Court reports. 
 His office §118- His office is under the general supeiwision of the Gov er- 
 the^Gover- iior, wlio luaj at any time appoint a competent person to exam- 
 vSon!"^" ine into, and report its condition, to him. 
 
 Must deliver §119. If tlic Librarian resign or be removed, he must, within 
 
 contents of ten dajs thereafter, deliver the books, papers, and other contents 
 
 cesser. of liis officc to his successor, taking his receipt therefor, which 
 
 must be filed and recorded in the Executive office, and if there is 
 
 any deficiency in the books received by him, or other damage 
 
 done, the Governor shall have suit l)rought on his bond. 
 
 APwTICLE II. 
 
 GOVERNOR'S MESSENQER AND STATE HOUSE GUARD. 
 
 Sectiox. I Section. 
 
 120. Governor's Messenger. j 123. Capitol Giurrts, their duties. 
 
 121. His duties. ' 124. Number may be diansjed. 
 
 122. Appointment of Special Messenger. 
 
 Governor 8120. The Govcmor may in his discretion, as the exigency 
 
 may appoint ^ _" -nr nT-''T\ c '' 
 
 Messenger mav rcquiro, appoint a Messenger to the Executive Department,, 
 
 ttvc Depart- qj. havo that duty performed by some other employee about the 
 
 State House, engaged by him under the general authority granted 
 
PT- 1- — TIT. 3. — CHAP. 4, — ExEcuxrvE Department. 33 
 
 Article 2. — Governor's Messenger and State House Guard. 
 
 to liim, and mIicii so performed, it iniist be done without addition- 
 al coinpensatioii. 
 
 §121. AVlien there is a Messenger, lie shall perform such du- Duties of 
 ties for the Executive office, the other offices in the State House, ^"*^"^^- 
 and such other service connected Avith the State business at the 
 Capitol as the Governor shall prescribe, and be governed bv such 
 rules and regulations as he may adu})t. 
 
 §122. When there is no Messenger, the Governor may, ifoovernor 
 occasion should require, employ some person to perform any spe- perLnsXr^ 
 cial service, for a reasonable compensation, such as is the dutv of ^^ce.''' *"" 
 the Messenger to perform, but which cannot be performed by the 
 person acting as such. 
 
 §123. The Governor shall appoint a Guard for the Capitol <;'>='.'-d of 
 buildings, including the Captain of the Guard, whom he shall thdr*°dut"ei 
 designate as such, whose business^it shall be to remain in said 
 buildings from sundown until sum-ise of the next dav, everv 
 night in the year, and on Sundays and holidays, to keejp watcli 
 over the same and protect them from tire or intruders. 
 
 §124. The Governor has power to keep the number of said Number of 
 Guard full, when lessened by Providential or other cause, and uoTbang"! 
 adopt such rules and regulations in regard to them, as in his 
 judgment the public service may demand. 
 
 CHAPTEP Y. 
 
 IJKNERAL REGULATIONS. AS TO ALL OFFICERS AND OFFICES. 
 
 Article 1. Of eligibility, qualifications, and commissions. 
 
 Article 2. Official oaths. 
 
 Article 3. Official bonds, and herein of discharging sureties. 
 
 Article 4. Of delivery of Books, etc., to successor. 
 
 ARTICLE I. 
 
 OF eligibility, QUALIFICATION, AND COMMISSION OF OFFICERS 
 AND VACATION OF OFFICES. 
 Section. 
 
 125. Persons ineligible to civil office. 
 
 126. When ineligible, the next highest. 
 
 127. Persons elected, failing to (lualify. 
 
 128. Residence, seal, and tenn of office. 
 
 129. Commissions muler Great Seal. 
 
 Section. 
 
 130. Commissions under Executive Seal. 
 
 131. When civil offices are vacated. 
 
 132. Vacancy in Executive office. 
 
 133. Resignations sent to the Governor. 
 
U PT. 1.— TIT. 3.— CHAP. 5.— Executive Departmekt. 
 
 Article 1. — Eligibilit}-, Qualification and Commission of Officers, and Vacation of Offices. 
 
 dt-iWe^o"" § ^^^- Tlie following persons are held and deemed ineligible 
 
 office. ^Q j^^l^^l r^^^y ^.-^y^Y office in this State, and the existence of either 
 
 of the following state of facts, is a snfficient reason for vacating 
 
 any office held hj such person ; but the acts of such person, 
 
 while holding a commission, are valid as the acts of an officer de 
 
 facto^ viz : 
 
 Minors. 1. Persons who are not citizens of this State, nor of the age of 
 
 twentj-one years or upwards. 
 
 Those hold- 2. All holders or receivers of pul)lic monev of this State, or 
 
 ing and re- ^ " ^ ■ 
 
 fusing to j^jiy county thereof, who have refused, when called upon, or failed 
 
 pay over ^ j ' 7 x ' 
 
 public after reasonable opportunity, to account for, and pay over the 
 
 same to the proper officer. 
 Felons of 3. Auv pcrsou couvicted and sentenced finally for any felony, 
 
 moral turpi- , , , ,^ i • i o • i • i • 
 
 tude. under the laws ot tins, or any other State, involvmg moral turpi- 
 
 tude, the offence being also a felony in this, unless restored by 
 a pardon from the proper Executive, under the Great Seal of 
 the State, to all the rights of citizenship. 
 
 Confederate 4, Persous lioldina; any office of profit or trust under the Gov- 
 
 States offl- fn ./ J. 
 
 cers, or ofii- emment of the Confederate States, (other than that of Post Mas- 
 
 cers under ' ^ 
 
 other States, -j-gj.-^ q^ Qf either of the several States, or of any foreign State. 
 Persons in- 5. Persous of uusound mind, and those who from advanced age, 
 ^Morin- ^^. l^odily infirmity, are nnfit to discharge the duties of the office 
 
 to which they are chosen or appointed. 
 Those whoso 6. Tliosc wlio liavc uot been inhabitants of the State, County, 
 
 term of res- - . , ^ • -, • i i ^ /-i • • 
 
 idence is in- District, or Cn-cuit for the period required by the Constitution 
 
 complete. . ,, i J 
 
 and Laws of this State. 
 Those other- 7_ j^w persoiis, fVom auy cause Constitutionally disqualified. 
 qualified. j^\\ officers are eligible to re-election and re-appointment, and 
 All officers to hold otlicr officcs, uiiless expressly declared to the contrary 
 re-eligible. ^^ ^^^^ Constitution or Laws. 
 The person i^ 126. If at aiiy popular election to fill any office, the person 
 
 having next ,.,,. .-.it ii' • i ii i 
 
 highest vote, elected is ineligible under the foregoing rules, the person having 
 
 to an ineli- " . n • t m i i 
 
 gibieeandi- the uext highest iiumber ot votes, who is eligible, whenever a 
 
 date is elect- ^ ^ »^ ^ 
 
 ed, if plural- plurality elects, shall be declared elected, and be qualified and 
 
 commissioned to such office. 
 A person §127. Pcrsoiis wlio after an election, fail to comijly with all 
 
 elected, and " ... 
 
 failing to the pre-requisites of the law, in order to obtain commissions or 
 
 ob tarn com- -I i ' .-,..,-, 
 
 mission is certificates to discharge the duties of the office, are mehgible to 
 
 ineligible on ~ ^ 
 
 the fouurf I'e-election at the election held by reason of such failure, for the 
 same office. 
 
 § 128. All officers of this State must reside therein at such 
 
PT. 1.— TIT. 3.— CHAP. 5.— ExEcuTHE DEPAK-niEXT. 35 
 
 Article 1. — Eligibility, Qualification and Commission of Officers, and Vacation of Offices. 
 
 places as are designated by law, and discharge the duties of their ^^^j^resido 
 office until their successors are commissioned and qualified ; and In^'^ifowof-' 
 all officers whose certificate of records, or other papers, are ad- guooosssor is 
 missible in evidence in any Court in this State, must have and ^niVnni't 
 keep an official Seal. -wiicn!^"''^ 
 
 §129. The following officers must be commissioned with the what oai- 
 
 ^, o 1 i> 1 o "^ 11 • IT 1 /-1 cersmustbe 
 
 (jrreat Seal ot the State annexed thereto, signed bv the (Tovernor, commission- 
 and countersigned bv tlie Secretary oi State, viz : Senators Great seai 
 
 1-r. • */-, XI n ^ r^ _ of the State. 
 
 and Kepresentatives in Congress, Judges of the Supreme' and 
 Superior Courts, Attorney and Solicitors General, Reporter of 
 the Supreme Court, Secretary of State, Treasurer, Comptroller, 
 and Surveyor General, and all Military officers of the grade of 
 General, either of Division or Brigade. Those of all Federal 
 and Judicial officers above enumerated must be on parchment. 
 
 §130. All other civil officers of the State, or county, shall ^''^J'^^- 
 be commissioned under the Seal of the Executive Department, <^';'""\i»s>o°- 
 
 X ■ 0(1 under 
 
 signed by the Governor, and countersigned by one of his Sccre- ^^^[i^e ^^I 
 taries, except Constables, whose election shall be certified by the p^'^'"*"^ 
 Clerk of the Inferior Court of the county, and such certificate shall 
 operate as their commission. All officers of the Militia, and of 
 Volunteer Companies, Battalions or Regiments, regularly incor- 
 porated, (of the grade of Lieutenant, or higher) shall have com- 
 missions under the Seal of the Executive Department. 
 
 §131. All offices in the State are vacated— SeVby 
 
 1. By the death of the incumbent. 5!raccorte<i 
 
 2. By resignation, when accepted, nsignation; 
 
 3. By decision of a competent tribunal, declaring the office \^,\^}^' 
 vacant. 
 
 4:. By voluntary act or missfortune of the incumbent, whereby a^t^or mTs'-"'^ 
 he is placed in either of the conditions specified of ineligibility dorSn-'"' 
 to office, which shall operate from the time the fact is ascertained i""HL'ihio. 
 and declared by tlie proper tribunal. bwT'"^ 
 
 5. By the incumbent ceasing to be a resident of the State, or f,ihn-e^o7 "" 
 of the county, circuit or district, for which he was elected. In {""J^lde'"" 
 the first case, the office shall be vacated immediately: In the lawTequh-es ; 
 latter cases, from the time the fact is judicially ascertained. 
 
 C. By failing to apply for and obtain commissions or certificates, K^- ''^"'"'•o to 
 
 . „ ,,. ' 1.7, "" . , . obtain com- 
 
 or by failing to qualify or give bond, or both, within tlie time pre- '"i?-'"^". or 
 
 , ^ qualifv; 
 
 scribed by the laws and Constitution. 
 
 7. By abandoning the office, and ceasing to perform its duties, XimL- 
 or either. " ^jj:'^^' "f *'"' 
 
36 PT. 1, — TIT. 3. — CHAP. 5. — Exkcutive DEPAiiXMENT. 
 
 Article 1. — Eligibility, Qualification and Commission of Officers, and Vacation of Offices. 
 
 Howvacan- §132 The resignation of the Governor must be transmitted 
 
 cy in tho '-^ " . „ . . 
 
 office of -[^y i^[j^^ l^^ i]yQ C-reneral Assembly, if in session ; it not m session, 
 
 Governor J "^ -' i • /• i 
 
 ™mm!^i- ^*^ tlie Secretary of State, who must, on the same day notify the 
 
 «ated. President of tlie Senate. If the office becomes vacant by death, 
 
 or any other cause, wlien the General Assembly is not in session, 
 
 the Secretary of State must inform the President of the Senate. 
 
 In either case the President of the Senate when informed, shall, 
 
 within ten days, repair to the Capitol and take the oath of office 
 
 before any Judge of the Supreme or Judge of the Superior 
 
 thlsenato" Court, aiid tlie General Assembly if in session, which fact shall 
 
 quaufy, the ^e entered on the minutes of the Executive Department. If he 
 
 the House clocs iiot SO appear in said time, he shall be considered as having 
 
 must be no- , -, ,•> ri i 1 1 i • j_i 
 
 tifled. resigned, and the Secretary of State shall then, or in case there 
 
 is no President of the Senate, inform the Speaker of the House 
 
 of Eepresentatives, and the proceedings shall be the same. 
 
 Whatoffl- §133. The resignation of Senators and Representatives in 
 
 communi- ConOTess, aiid members of the General Assembly, and of all offi- 
 
 cate reslsna- o' _ ^ ij3»j?cij. j?Oj.i. 
 
 tion totho (,gj.g whose commissions. issue from the ofhce of Secretary of fetate 
 or the Executive Department, and whose places may be supplied 
 by Executive appointment, shall be made to the Governor. 
 
 GoTernor. 
 
 ARTICLE II. 
 
 OFFICIAL OATHS. 
 
 Section. | Section. 
 
 134. Additional oath of public odicer.s. j 139. ^Indorsement of filing. 
 
 135. Oath must siccompany DedimvJi. \ 140. Oaths of deputies to be filed. 
 13G. Who may qualify officers. '< 141. Failing to take and file oath. 
 
 137. Official oatlis to be filed. 142. When acts are valid without oath. 
 
 138. Where to be filed. 
 
 Additional Ri;3i. All public officers, besides the oath of office, and the 
 
 oath of pub- o I nil 
 
 lie officers. ^^^]^ prescribed by the Constitution, (if any,) shall swear tJiat he 
 is not the holder of any public money due this State, unaccount- 
 ed for ; that lie is not the holder of any office or trust, under the 
 Government of the Confederated States, (except Post Master,) nor 
 either of the several States, nor of any foreign State ; and, if elect- 
 ed by any circuit or district, that he was a resident thereof for the 
 time required by the Constitution and laws, (stating the time,) and 
 is otherwise qualified to hold said office, acccording to the Consti- 
 tution and laws of Georgia, and will support the Constitution of 
 the Confederate States, and of this State. 
 
PT. 1.— TIT. 3.— CHAP. 5.— ExEODTivE Department. 
 
 37 
 
 Article 2.— Official Oaths. 
 
 §135. The form of said oath, as well as the oatli of offioe, to^°™»' 
 be taken and subscribed, must be forwarded witli tlic dedimu/'^'^''^'^ 
 pote^tatevu and be taken and subscribod at the time of receiving'''''""' 
 the commissions, before tlie officer to wlioni the saine is directed! 
 and in conformity to tlie directions. 
 
 §136. Wlien not otlierwise provided bv law, and not directed ^^o ma^ 
 in tlie dedimus poteMatem. the oaths of office mav be taken be-oS. 
 fore any officer authorized ])y law to administer an oath. Such 
 oaths must be written out and subscribed bv the person taking 
 them, and accompanied In- the certificate of 'sucli officer specify- 
 ing the day and year wlien taken. 
 
 §137. Suchoatlis. when taken by any officer whose general whor« of- 
 duties are not confined to any one county, (unless otherwise spe-mt'tbr* 
 cially i>royided,) must be filed with the c(Ttificate recpiired by the'"'" 
 preceding Section, in the Executive office; and when taken bv an 
 officer whose duties are n.nfined to one county, as proyjded in the 
 next Section. 
 
 §138. AVIicn taken by the Justices of the Inferior Court, the whereof. 
 Ordinaries and the Clerks of the Superior Courts, they must^tlb^ 
 be filed in the office of the Clerk of the Inferior Court, and also""'"' 
 entered on the Minutes of their respective Courts. When taken 
 by Sheriffs, they must be likewise filed in the office of the Infe- 
 rior Courts, and must be entered on the Minutes of the Superior 
 Courts; and when taken by Coroners, Tax Collectors or Receiv- 
 ers, County Treasurer, Justices of the Peace or Constables, or any 
 other county officer, they must be fih>d in the office of the Clerk 
 of the Inferior Courts ; and the Clerks of the Inferior Courts, and 
 also ot the Superior Courts, when one and the same officer, must 
 file their oaths in tlie office of the Ordinary, and enter them on 
 the Minutes of tlieir own Courts rcsj)ectiyely. 
 
 ^13S». The officer, in whose office such oaths are filed mustEndo»e- 
 endorse tliereon the day and year of filing. XnolTcL 
 
 §140. All deputies, before' proceeding to act, must take theoath«of 
 same oaths as their principals take, which must be filed in. anduK.a^e 
 entered on the Minutes of the same office, and with the same en- '""■"'"'■ 
 dorsement tliereon, but these provisions do not apply to any dep- 
 uty who may be employed in ])articular cases only. ' 
 
 §141. If any officer or deputy, required bv law to take and Penalty for 
 file such oaths, enters u])on the duties of his office without first t.^" and me 
 taking and filing the same in the proper office, he is guilty of a "' " " "' 
 
 olliciul oath. 
 
38 FT. 1.— TIT. 3.— CHAP. 5.— Executive Department. 
 
 Article 2.— Official Oaths. 
 
 misdemeanor, and, on conviction, must be fined not less than two 
 hundred dollars. 
 Actsofoffi- §142. The official acts of an officer are not the less valid 
 
 cers TaliQ ^ '^ _ 
 
 tnthout the for his omissiou to take and file the oath, unless in cases where so 
 
 oath, unless ' 
 
 otherwise specially declared. 
 
 declared. ^ -' 
 
 AETICLE III. 
 
 OFFICIAL BOXDS, AND HEREIN OF DISCHARGING SURETIES AND RE- 
 QUIRING ADDITIONAL SURETIES. 
 
 Section. 
 
 143. The payee and condition, of bonds. 
 
 144. Bonds must accompany dedimus. 
 
 145. Approval of official bonds. 
 
 146. Number and qualification of sureties. 
 
 147. May be signed by Attorney in fact. 
 
 148. When bonds must be filed. 
 
 149. Certificate of failure to file bond. 
 
 150. Acting before fihng bond. 
 
 151. Endorsement of filing. 
 
 152. Notice of failure to file bond. 
 
 153. Penalty for failure. 
 
 154. Obhgations of official bonds. 
 
 Section. 
 
 155. Approval, filing and record of bonds. 
 
 156. Givmg bonds to bo certified. 
 
 157. Deputies' bonds. 
 
 158. Principal or deputy may be sued. 
 
 159. Bond when discharged. 
 
 160. Officers liable, above penalty of bond. 
 
 161. Validity of bonds. 
 
 162. Damages, m suits on bonds. 
 
 163. Future official oaths and bonds. 
 
 164. How sureties may be discharged. 
 
 165. Officer faihng to give new bond. 
 
 Official g 143. The bonds of all public officers required by law to give 
 
 ^^^o^.p^J"*- bond, unless otherwise provided, must be made payable to the 
 
 Die and upon ' i ' it/ 
 
 what condi- Qovemor of the State of Geora;ia, and his successor in office, 
 
 tions. o J 5 
 
 with such sureties as the approving Court or officer is satisfied is 
 sufficient, and conditioned in all cases, in which a different con- 
 dition is not prescribed, faithfully to discharge the duties of such 
 office during the time he continues therein, or discharges any of 
 the duties thereof, 
 oiiiciai § 144. Official bonds of all officers who are entitled to com- 
 
 bonds mnst ... i/--. ni -I'lj 
 
 be sent with missious Iroui the Cxovemor, and who are required to give bonds, 
 iMtcsiaiem. must be prepared and furnished by the Executive Department, 
 
 at the time of forwarding the dedbnus ])otcstatein. 
 Approval of §145, The approval of all official bouds shall be in w^riting, 
 endorsed on the bond, and should show the day and year on which 
 the same were approved, and shall not be filed until thus ap- 
 proved. 
 Number and § 146. Sucli bouds sliall uot bc approvcd by the approving offi- 
 of sureties ccrs, uulcss tlicv liavc at least two good and solvent sureties, and 
 
 on official i • 1 1 . t i • i x* i 
 
 boEds. not more than five, all oi whom must be permanent residents oi the 
 State, and two also of the county, and freeholders thereof. "When 
 
PT. 1.— TIT. 3.— CHAP. 5.— ExEcirnvE Department. 39 
 
 Article 3. — OflScial Bonds, and Herein of Discharjfing Sureties, &c. 
 
 said approving officers do not, of tlieir own knowlekge, know 
 that a Burety is wortli enough to enable them to acee]>t him, they 
 shall not take him unless he swears to his means, and it is satis- 
 factory, of which swearing they shall make a minute on the bond. 
 
 §147. When an official bond is signed bv an Attorney in fact.i'owerofAt- 
 
 '- r^ . • ' tornoy attes- 
 
 the power of attorney must be attested by a Justice of the Infe-tedandflied. 
 rior Court, and tiled and recorded as the bond is. 
 
 §148. The official bonds of public officers required by laAv to within what 
 be filed in the office of Comptroller, Secretary of State, or Execu- bonds must 
 tive Department, must be filed therein withm fi>rty days alter 
 the election or appointment of such officer ; when in the office of 
 the Clerk of the Superior or Inferior Courts, or Ordinary, Avithin 
 thirty days therefrom. In all other cases within twenty days 
 therefrom. 
 
 §149. When any officer of whom bond is required fails to certificate of 
 make and file the same as prescribed in the preceding section, it official bond, 
 is the duty of the Court, or officer in whose office it is required 
 to be filed, at once to certify such failure to the appointing power, 
 and to the power whose duty it may be to order an election. 
 
 § 150. If any public officer, required l)y law to give bond, per- Acting be- 
 forms any official act, before his bond is approved and filed as bond anus- 
 
 , , . , . demeanor. 
 
 required, he is guilty of a misdemeanor, and on conviction, must 
 1)6 fined not less than five hundred dollars. 
 
 §151. Every officer in whose office the official bond of any Kndorse- 
 pultlic officer is filed, must endorse on such bond the day and year darbo"n'd8.** 
 when the same M'as filed, and sign his name to such endorsement. 
 
 §152. If any public officer required by law to give bond, fails Notice to be 
 to file the same, within the time hereinbefore prescribed, in the failure to nie 
 
 ffi,, i/».i 1 • 11 rt-> official bond. 
 
 ce, notice ot such tailure must be given by the otncer 
 
 in whose office such bond is required to be filed, l)y or during the 
 two first days of the session of the Superior Court held in the 
 county in which the officer so failing resides, next after such fail- 
 ure, to the Attorney or Solicitor General of the Circuit. 
 
 §153. Any officer M'hose duty it is to mark-file the bond and ivnr,ityfora 
 to give the several notices required in this article, and failing to [ilarkVie, or 
 do so, without good and sufficient excuse therefor, shall, on illfor-}^,'ihfretome 
 mation rendered and citation to appear before the Superior Court *'""' '"'"*'■ 
 of the county of his residence, be fined as for a contempt (in the 
 discretion of the Court.) 
 
 §154. Every official bond executed under this Code is obliga- omoiai 
 tory on the principal and sureties thereon — obligatory. 
 
40 X T. 1. — TIT. 3. — CHAP. 5. — Executive Department. 
 
 Article 3. — OfiScial Bonds and Herein of Discharging Sureties, &c. 
 
 brthroffl^ 1- ^or any breach of the condition during the time the officer 
 '^"- continues in office, or discharges any of tlie dnties thereof 
 
 Breach by a 2. For an v brcach of the condition by a dej>uty, aUhongh not 
 expressed, unless otherwise declared by law. 
 
 deputy. 
 
 Discharpe of 3, "p'or the faithful discharjye of any duties ^yhich nuiy be re- 
 
 duties im- , ' 
 
 p°*e^^^^^Ji'^'^ quired of such officer by any law passed subsequently to the exe- 
 ^?^jj'*«^'''^^""cutio]i of such bond, although no such condition is expressed 
 
 therein. 
 Forthenso 4. For the usc and benefit of every person who is iniured, as 
 
 of any one , ' '- »» ^ 
 
 injured. well bj any wrongful act connnitted under color of his office as 
 by his failure to perform, or by the improper or neglectful per- 
 formance of, those duties imposed by law. 
 
 How official §155. The official bonds of the Ordinaries, the dlerks of the 
 
 bonds arc to ^ 
 
 flLTamrre- ^uperior Courts, of Sheriffs, Coroners, County Surveyors, County 
 corded. Treasurers, Tax Collectors and Keceivers, given for county taxes, 
 must be approved by at least three Justices of the Inferior 
 Courts, filed in the office of the Clerks of the Inferior Courts, 
 and by them recorded; that of the Clerks of the Inferior Court 
 must be filed in the Ordinary's office, and by them recorded, and 
 when the Clerks of the Inferior Courts are also Clerks of the Su- 
 perior Courts, those of tlie Clerks of the Superior Courts must 
 likewise be filed and recorded in the Ordinary's office. The 
 bonds of Tax Collectors and Receivers for State Taxes, after be- 
 ing likewise approved, must be recorded by the Clerks of the In- 
 ferior Courts, and the original bond must be by them transmitted 
 to the Governor, (for deposit in the Comptroller Greneral's office.) 
 the*infer?or § ^^^- Sucli Justiccs of the Inferior Court must sign a certifi- 
 Sruiv^r'he ^^^^ to t^6 Governor, stating that the Clerks of the Superior and 
 tti'J^rc"r°ain Inferior Courts respectively, the Sherifts, Coroners, and County 
 ghe^fbomiZ Surveyors, have taken the oaths and given the bonds sent from 
 the Executive Departments, together with a statement of the 
 dates, amounts, and names of the sureties of each, and that they 
 have delivered to them their commisions, which shall be attested 
 by the Clerks of said Courts, and by them immediately trans- 
 mitted to the Governor. 
 Deputies 8157. When Deputies give a bond, they must be payable to 
 
 bonds to "^ ^ ^ 1 • > 1 • 
 
 whom paya- fheir principals, with surety conditioned as theirs are, tor their 
 
 ble, for what 11' .' 
 
 ^er"med'^ couduct as Deputies, for the same amounts, and must be recorded 
 & recorded, jj^ |]-,g game officc, and in the same manner as the bonds of the 
 principals. 
 
 § 158. It shall be at the option of any person who claims dam- 
 
PT. 1.— TIT. 3.— CHAP. 5.— ExECi-rrv-E Department. 41 
 
 Article 3. — OfiBcial Bonds, and Herein of Discharg:ing Sureties, &c. 
 
 ages of any principal officer for the act of his Deputy, to sue ^r'^^^JIJf/y';, 
 
 said Deputy's bond instead of his, in the same manner as the ^rMied^for 
 
 principal's bond may be sued. ?y*" '^^°' 
 
 S 159. Such bonds are not discharged bv a single recovery, but ono ro- 
 
 ,'.'.',,' covory does 
 
 proceedings may be had from time to time, until the whole pen-notdis- 
 
 i <^ '' ... rliarpo tnp 
 
 altv is exliausted acrainst the officer and his sureties, or either, bond, nnicw 
 
 • to thp full 
 
 and said bonds arc joint or several, whether so set forth or not. r-^naity. 
 § 160. When the penalty is exhausted, the officer himself shall officer liaw* 
 
 •iiiTi-i 1 1 /"J thoueh pen- 
 
 stiU be hal)le, and upon the same measure ot damages as upoiiaityisex- 
 his bond, and lie is likewise liable for any damage he may do in 
 undertaking to discharge the duties of an office without having 
 given the necessary bond, or having given one, it is invalid, in 
 whole, or in part. 
 
 SKU. Whenever anv officer reciuircd bv law to give an official B'>n<i!;^ai''', 
 
 " I 1 . !^ though not 
 
 bond, acts under a bond which is nc»t in the penalty, payable andj" [^l^"^' 
 conditioned nor approved, and filed as prescribed by law, such 
 bond is not void, but stands in the place of the f»fficial bond, 
 subject on its conditions being broken, to all the remedies inclu- 
 ding the several recoveries which the persons aggrieved might 
 have maintained on the official bond. 
 
 §162. The measure of damages upon all official bonds for the Measure of 
 misconduct of the officer, unless otherwise specially enacted, suits on 
 shall be the amount of injury actually sustained, including the 
 reasonable expenses of the suit to the plaintiff, besides the costs 
 of Court, but in all cases when little or no damage is actually 
 sustained, and the officer has not acted in good faith, the jury 
 may find for the plaintiff an amount as smart money, which 
 taking all the circumstances together, shall not be excessive nor 
 oppressive. 
 
 §163. All the provisions of tliis, and the preceding article, ap- pro^i^i„p, 
 ply to the oaths of office and official bonds of all public officers preceding'"* 
 of this State, whose office may be established hereafter, unless to'cfficiT'^ 
 the contrary is expressly provided. 
 
 §164. When the surety to any bond, given by any officer forno^rsure- 
 the performance of any public duty, shall give notice in writing to da* bonds 
 the Governor, of his desire to be relieved from future liability, charged, 
 for good cause therein stated and sworn to, of which the Governor 
 shall be the judge; or any such surety shall in the opinion of the 
 Governor, formed upon satisfactory evidence, become insufficient, 
 it shall be his duty to require of such officer a new bond and 
 surety. 
 
42 PT. 1.— TIT. 3.— CHAP 5.— Executive Department. 
 
 Article 3. — Official Bends, and Herein of Discharging Sureties, &e. 
 
 iri?to'^4ve" § 1^^- I^ ^^7 offi-cer shall fail to comply with such requisition 
 whTn^re-^ witliin tcii (lavs from tlie date he is served personally with a copy 
 ?e"movc-r ^"^ of the Executive order containino; such retpiisition, he is l)y such 
 troin oftico. faii^^j.Q removed from office and a vacancy declared. 
 
 AKTICLE IV. 
 
 OF DELIVERY OF BOOKS TO SUCCESSORS. 
 ?ECTioy. ISectiox. 
 
 1G6. Outgoing officer must deliver books. 
 
 167. Persons having office property. 
 
 168. Persons refusing to deliver, &c. 
 
 1G9. Ma}' Ije imprisoned. 
 
 170. Books, &c., delivered to successor. 
 
 171. Penaltv for failure. 
 
 Officer must 8 106. When anv office is vacated, it is tlie duty of tlie incum- 
 
 deliver « .y t j 
 
 books, &c., bent, on demand made, to deliver all ])ooks, papers, and other 
 
 to successor. 
 
 property appertaining to the office, to his qualified successor. 
 
 other per- 8 167. If a vacancv occurs by death, or the incuml)ent is not 
 
 SODS having ^ ^ "^ j -> 
 
 office i-ro- to bc fouud at the time of demand made, it is the duty of any 
 
 party must ^ ^ 7 ^ ^i ^ 
 
 deliver it up. person liaviug possession, or control of such office property, or 
 any part thereof, to deliver it up, and the rights and remedies 
 are the same against such person, as against the deceased officer, 
 if living, or to be found. 
 
 How person 8 168. If any i^erson neglects or refuses so to do after demand 
 
 in posses- *- . -r . . ■■ 
 
 siou, refu- made, the successor shall make complaint to the Justices ot the 
 
 sing to do- 
 
 liver office Inferior Court of tlie County, or to the Judo-e of the Superior 
 
 and con- ... . . • -i? 
 
 tents, to be Court of the Circuit in which the person refusinc; resides, or ii 
 
 proceeded '- ~ 
 
 against. neither can be had, the Judge of the Superior Court of an ad- 
 joining Circuit, and if such officer is satisfied, from tlie oath of 
 complainant or otherwise, that such are withheld, he must grant 
 an order requiring the person so refusing to show cause before 
 him on a day and at a place named in such order, why he should 
 not be compelled to deliver over the same. 
 If such per- § 169. At the time so appointed, or at any other time to which 
 no good the matter may be adjourned, a copy of such order having been 
 
 cause, and ,, i"^! !•• ^ ihi ^ j. 
 
 fail to com- personally served on tlie person so reiasmg, such omcer must 
 
 ply with an , "■ . . . , . •,.,.. i-t 1. 
 
 order to de- procecd to 11101111*0 iiito tlic circumstaiices, and it it appears tnat 
 
 liver, thej' iiii •iitii it l 
 
 shall be im- sucli books and i^ai^crs are withheld, he must order the same cle- 
 
 prisoned. . ^ '■ ,■•■<• ^ 
 
 livered up mstanter to said successor, and on lailing to comply 
 with such order, he shall issue a warrant directed to any officer 
 of said county, or of the adjoining county authorized to make 
 the arrest, to arrest said officer, and commit him to jail, there to 
 remain until he complies with said order, or is otherwise dis- 
 
PT 1, — TIT. 3. — CHAP. 5. — Executhe Department. 
 
 43 
 
 Article 4. — Delivery of Books to Successors. 
 
 charged by course of law. At the same time, in the same way, 
 lie shall command said officer to search such places for them as search may 
 may be designated in such warrant, and to seize and bring them X^rf^der 
 before him or some other officer authorized to i)reside, and being "" ^'"■'^''^ 
 so brought and appearing to belong to said office, he shall cause 
 them to be delivered to the successor. The pa_^nnent of costs 
 are in the discretion of the Court. Said proceedings do not in- 
 terfere with the provisions in the Penal Code on this subject. 
 
 §170. All judicial or ministerial officers, or State's Attorneys officers 
 
 111 J•.^ ^ • -> I must (leliv- 
 
 wno, by law, are entitled to receive trom the State any books,"- books to 
 
 •1 I , , ./ ' successors. 
 
 pampJilets, or other documents, upon retiring from office must 
 deliver them over to their successors, and from one successor to 
 another. 
 
 § 171. On failure to deliver such books, after demand made by penalty foi 
 incoming officer, he is liable for three times the first cost thereof, nvcTbook^s^" 
 to be retained out of his salary, if a salaried officer, and if not a *" ''"^'''"''■ 
 salaried officer, or being one it is omitted to be retained, the offi- 
 cer so detaining is subject to suit and recovery (in a Court hav- 
 ing jurisdiction) by the successor, in the name of the State, for 
 his use. 
 
 TITLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 CHAPTER I. 
 
 OF THE GENERAL ASSEMBLY. 
 
 ■ECTIOX. 
 
 172. Meeting of Legislature. 
 1T3. Length of sessions. 
 I T4. How organized. 
 
 Oath of Members. 
 
 President and Speaker. 
 
 Elections by General Assembly. 
 
 Doorkeepers and Messengers. 
 
 175 
 176 
 177 
 17S 
 I 
 
 i9. Special Messengers. 
 
 Section. 
 ISO. Joint Finance Committee. 
 
 181. Duty of Secretary and Clerk. 
 
 182. Engrossed copies of laws. 
 
 183. Unfinished business lies over. 
 
 184. Pay of President, Speaker, &c. 
 
 185. Pay of sick members. 
 
 186. Amount due deceased members. 
 
 187. Accounts of officers and members. 
 
 § 172. The regular sessions of the General Assembly becin on ^vnenLc-is- 
 
 ,.1 ^ 42 i. TIT 1 1 .■>-.- , ^ r< lature meets. 
 
 tlie nrst \\ ednesday m ^ ovember, annually, at noon, in the Capi- 
 tol. 
 
 § 173. Each session shall not continue longer than fortv days, 
 
44 PT. 1. — TIT. 4. — Legislative Department. 
 
 Chapter 1. — The General Assembly. 
 
 Mwfons?^ unless otlierwise ordered by a vote of two-thirds of each branch 
 
 of the General Assembly. 
 General As- g 174. Eacli branch shall be organized by the Clerk and Seo- 
 
 •embly-bow ^ . 
 
 orgonized. rctarj thereof respectively, who are ex-officio presiding ofhcers 
 until such are elected. No question shall be entertained by them 
 but one relating to the organization, and in deciding such ques- 
 tions they are to be governed, as far as practicable, by the stand- 
 ing rules of the House over which they preside. In the absence 
 of such officer their assistants may officiate. In the absence of 
 both, the body may appoint a Chairman, whose powers and du- 
 ties are the same. 
 Who may §175. The oatlis of office may be administered to the mem- 
 oath to bers of the General Assembly by any Judge of the Supreme or 
 Superior Courts, to be procured by the person organizing each 
 branch. 
 Election of § 1T6. The President of the Senate and Speaker of the House 
 Senate aud are clectcd by their respective bodies by ballot, and a majority 
 House. of votes is necessary to a choice. In like manner the Senate 
 President luust clcct a President, pro tern., and the House a Speaker, pro 
 
 and Speaker \\ - i-i -t • i ■, 
 
 prou-in, uin.^ wnose powers and duties, whiJe presiding, or m the absence 
 
 of said officers, are the same. 
 Howeieo- §177. All elcctious by the General Assembly are to be con- 
 fsL^turJ con- ducted as follows: 
 
 ducted. 1 r\ ^ 
 
 Assemble in 1. On the day and hour appointed for the election, the mem- 
 sentative bcrs of both Houscs must assemble in the Representative Hall. 
 Member! -• The uamcs of the members of each House are to be called 
 wte by"bai- ^'J their respective Clerks, each member voting by ballot as soon 
 °'" after his name is called as practicable. 
 
 fscertoin^ed^ '1 The Tcsult must be ascertained by the President of the Sen- 
 nounc"ed. '^^^ and the Speaker of the House, and announced by the iirst 
 
 named officer. 
 at°time°ma^ ^- The votcs are to be given for but one election at the same 
 iaryf count- f™6, and a majority of the whole number of votes cast is neces- 
 ing blanks. ^^^^ ^^ ^ choicc, and all blanks are to be counted as votes. 
 to^bringon 5. When both branches of the General Assembly, agree by 
 be^escindeZ Resolutioii to bring ou au election at a specified time in the Rep- 
 resentative Chamber, on joint ballot, said resolution can only be 
 rescinded by a vote of two-thirds of either House, and without 
 such vote the election held ac^cording to said resolution is valid. 
 
 6. When both branches meet for such purposes, and there is 
 a necessity for an adjournment without having concluded the 
 
FT. 1. — TIT. 4. — Legislative Department. 45 
 
 Chapter 1. — The General Assembly. 
 
 elections for which they convened, they shall adjourn to some mel,*t"™n<i- 
 namcd liour on the same or next day. (not coiintinir Sunday or a ["|„*" *''^*^" 
 public holiday) or to a day certain, and the elections made at 
 such time are valid, unless the resolution for the election is in the 
 mean time repealed by said two-thirds vote. 
 
 §178. Each House is entitled to a Door Keeper and Messen-Appoint- 
 f^er, to perform such duties as may be required of them, who Poor Keep- 
 shall be appointed by the presiding officers thereof respectively, p«y!'°'^ "'*" 
 with power of removal at pleasure, and who shall receive the 
 same })ay as the members of the General Assembly. 
 
 §179. When it shall be necessarv to carrv into eifect the 4th ^'<^""n'"i"»7 
 
 ,.1 ■> 1 t • 1 1' ^ t^ ^ • • ' . be appointed 
 
 section ot the 2d Article ot the (, (»nstitution, or tor anv like pur- '<•■■ si'^ciai 
 pose, either ot said officers may appoint any person to execute 
 the orders of each House and the warrant of the presiding offi- 
 cer, who mav receive for the service such compensation as tlie Th'-''- com- 
 
 ' i pensation. 
 
 Cxeneral Assembly may appropriate. 
 
 §180. It is part of the duty of the joint standing Committee 2;^^^"^^°'°' 
 of Finance, to examine the accounts and vouchers of the Comp- <-'°°>™»"oe. 
 troller and Treasurer as to all monies received into and paid out 
 of the Treasury, during the last fiscal year, to compare the war- 
 rants drawn during that period, with the several laws by authori- 
 ty of which they purport to be drawn, to examine into the other 
 accounts and books of such (»fficers, and to count the monev on 
 hand at the time of the examination, and to examine the annual 
 reports made by said officers to see if they are sustained bv the 
 true condition of their offices, and report the result to each branch 
 of the General Assembly. 
 
 §181. At the close of each session, the Secretary of the Sen-nuty ofsec- 
 ate. Clerk of the House of Representatives, and Secretary of s<naTclid 
 State, must select all the papers belonging to the General Assem- lioise^at 
 bly, except such as relate to the unfinished and rejected business, ^^eZVl *""" 
 and deposit them in the office of the Secretary of State. 
 
 §182. The engrossed copies of all hiAvs and joint resolutions J'J','j^f„'f°*' 
 passed by the General Assembly, must be preserved by the Chair- KeloSLs 
 man of the Enrolling Committee, and deposited in the office of irhereTnd 
 the Secretary of State. i.ywhomdc- 
 
 . •' posited. 
 
 V ^, ^ 183. The unfinished business of the first session of the same unfinished 
 , /Oj^neral Assembly must l>e the first business at the succeedini 
 V/ft session, subject to the standing rules thereof. 
 ,■ § 184. The President of the Senate and Speaker of the House 
 receive ten dollars, and the other members six dollars for each 
 
 or over. 
 
 t5 
 
46 PT. 2. — TIT. -i. — Legislative Department, 
 
 Chapter 1. — The General Assemblj'. 
 
 PayofPresi-^jay'g attendance, and all are allowed five dollars for every twen- 
 
 dent of the ./ ^ , . ,. i n % y-, 
 
 senatejind fy miles of travel o-oino; to and returnmo: irom the beat oi G-ov- 
 
 Speaker of -j ^ o ^ 
 
 the House, emmeiit the distance to be computed by the dn-ect mail route, if 
 
 and mem- ' x ./ 
 
 ^ers. any, and if none, by the direct land route usually traveled. 
 
 Pay of sick §185. If any member is detained by sickness, after leaving 
 mem eis. j^^jj^g^ ^^ couiing to, or is unable to attend the House after he ar- 
 rives at the seat of Government, he is entitled to the same daily 
 pay as an attending member, but no member shall receive pay 
 for absent time unless on account of sickness of himself or fami- 
 ly, or by express leave of the House of which he is a member. 
 Widows of §186. If any member of the General Assembly shall die dur- 
 memwi to iuiT the sessiou, or afterwards, without liaving received the whole 
 peTdtem''"' or aiiy portion of his pay, the amount due for the whole session 
 pay, &c. ^^^^ ^^ ^^^^.^ ^^ ^1^^ widow of the deceased, and if no widow, in 
 
 like manner to the children. 
 Pay of mem- §187. The compcnsation due to the officers and members of 
 ckhotlfilthe General Assembly must be certified by the President and 
 certified.'^ Speaker, respectively, upon the report of the Auditing Commit- 
 tee, to the Treasurer, who afterwards shall pay each member who 
 presents his account duly audited. 
 
 CHAPTER II. 
 
 SUBORDINATE OFFICERS OF THE GENERAL ASSEMBLY. 
 
 Sectiox. 
 
 188. Election of Secretary and Clerk. 
 
 189. Oath of Secretary and Clerk. 
 
 190. Administering the oath. 
 
 191. Compensation of Secretary & Clerk. 
 
 192. Assistants of Secretary and Clerk. 
 
 Section. 
 
 193. Qualification of subordinate Clerks. 
 
 194. Secretary and Clerk must file papers. 
 
 195. Receive no pay till files are made. 
 19G. When both Houses meet See'y to aid. 
 
 Election and §188. There shall be a Secretary of the Senate and a Clerk of 
 ofsecreta^ the IIousc of Representatives elected by the members of each 
 andCkrkof Housc respectively, by ballot, and a majority of votes cast is ne- 
 cessary to elect. Their term of office shall be the time for whicli 
 the members of the General Assembly are elected. 
 Oath of Sec- § 189. Said officers, their assistants, and engrossing and enroll- 
 cS ami ing Clerks, before entering on the discharge of their duties, shall 
 take an oath before their respective presiding officers to discharge 
 their duties faithfully, and to the best of their skill and knowl- 
 edge, of which a minute shall be made and entered on the Jour- 
 nals. 
 
 their assis- 
 tants. 
 
PT. 1. — TIT. 4. — Legislative Dep^uitmext. 47 
 
 Chapter 2. — Subordinate OflScers of the General Assembl.v. 
 
 § 190. The President of the Senate and Speaker of tlie House f^^i g'^^aLr 
 are to administer the oaths recjnired to the subordinate officers of "f^^'^llj^^g"; 
 their respective (bodies) Houses. subordinates 
 
 §191. The j!>er diem pay of the Secretary of the Senate andpnyof sec- 
 tlie Clerk of the House, their assistants and all subordinates, aJrk-Tow 
 shall be determined by each General Assendjly, in perfectina; the " ^ ' 
 appropriation bill. 
 
 §192. Said Secretary and Clerk shall have power to appoint gocrotarv & 
 their assistants and su1)ordinate Clerks as follows, viz: app.!int- 
 
 1. The Secretary of the Senate may appoint, at the commence- Ee.i'iors. 
 ment of the session for which he is elected, one Reader, or assis- 'n^- Knroii- 
 
 /-■n 1 111 T 1 • • y^i -1 1 ''1-' Kllffross- 
 
 tant Clerk at the desk, one Journahzmc; Clerk, and one for En- >ng. and Ee- 
 rollinp; and one Engrossing; Clerk, and one Ilccordin<r Clerk. ckiks" 
 
 2. The Clerk of the House may appoint, at the same time, one 
 Header, or assistant Clerk at the desk, one Journalizini; Clerk, 
 two Enrolling, and two Engrossing Clerks, and one liecording 
 Clerk. 
 
 3. If, at any time during the session, the business requires the Additional 
 appointment of additional Clerks, eitlier of said officers may ap- ai'iMlint^Ii"'' 
 ply to their respective Hovises for leave to appoint them, and if 
 
 they are deemed necessary by the Enrolling Committee, such 
 body may, by resolution, authorize the appointment, specifyino- 
 tlierein the number. 
 
 4. ISTo Clerk shall be allowed compensation in either of said wiiat cierks 
 departments, appointed in any other way. rtcoivJlniy. 
 
 S193. No Journalizing, Recordini;, Enrolliuir or Enirrossin"- ^■i""''"'"'*- 
 
 Oo^ tioii a.nd re- 
 
 Clerk shall be appointed by the Secretary of the Senate, or Clerk ™"'->' ',''' 
 of the House, until such Clerk has been examined by the Enrol- ?"-' i'"'",?'" 
 ling Committee, and certified to their respective Houses, to be i°f ^."'|l ^"" 
 competent and well (|ualilied to the discharge of the duties re- *-''*^''^*- 
 quired of him ; and such Clerk shall l)e removed, at any time, 
 upon the reconnuendation of the Enrolling Committee of the 
 House ill which he is employed. 
 
 §194. The Secretary of the Senate, and Clerk of the House of^^^'tTy 
 
 . . , . T and Cloi-k 
 
 Itepresentatives, must, within ten days after the adjournment ofmustfiie pn- 
 each session, nle, in proper order, all the papers and documents '^""'"^'•'"'*- 
 of their respective Houses. 
 
 §195. The records, papers and documents thus liled, must be f,';,7[>'i^^^ ' 
 delivered to the Secretary of State, who, upon receipt of the same, j;!;;','/ ll^l^^^ 
 must certify that such Secretary and Clerk have respectively ^"j;;,^ t\"7^,a- 
 
 pers. 
 
48 
 
 Secretary 
 must aid 
 when both 
 Ilonses 
 meet 
 
 PT. 1. — TIT. 4. — Legislative DEPAiiXMExNT. 
 
 Chapter 2. — Subordinate Officers of the General Assembly. 
 
 complied with said requisitions, and the Treasurer shall not pay 
 their several salaries, until such certificate is produced. 
 
 §196. When there is a meeting of both branches of the Gen- 
 eral Assembly, in any one chamber, said Secretary and Clerk 
 shall be present, and join in the discharge of the duties required, 
 and shall enter on the Journals of each the proceedings. 
 
 TITLE V. 
 
 THE JUDICIAL DEPARTMENT. 
 
 CHAPTEK I. 
 
 GENERAL PROVISIONS IN REGARD TO JUDICIAL POWER. 
 
 Section. 
 
 197. Judicial power — where vested. 
 
 198. Rules of Court shall be observed. 
 
 199. Judge interested shall not preside. 
 
 200. Power of the Court. 
 
 I Section. 
 
 I 201. Records shall not bo removed. 
 
 202. Minutes read and signed by Judge. 
 
 203. The Court mav act when no Clerk. 
 
 Jadici.-il 
 power — how 
 
 vested. 
 
 Ttules of 
 Court. 
 
 When Judi- 
 cial ofiiccr 
 incompetent 
 to try II case. 
 
 Courts have 
 power — 
 
 to enforce 
 order in its 
 presence ; 
 
 and before 
 bodies acting 
 under their 
 authority; 
 
 §197. The Judicial power of the State is vested in such tribu- 
 nals as are created by the Constitution, and such other Inferior 
 Com'ts as are, or may be established by law, and such persons 
 as are, or may be specially invested with powers of a Judicial 
 nature. 
 
 § 198. The rules of the respective Courts, legally adopted, and 
 not in conflict with the Constitution of the Confederate States, of 
 this State, or the laws thereof, are binding, and must be ob- 
 served. 
 
 §199. Xo Judge or Justices of any Court, no Ordinary, Jus- 
 tice of the Peace, nor presiding officer of any Inferior Judicature 
 or commission, can sit in any (;ause or proceeding in which he is 
 pecuniarily interested, or related to either party within the fourth 
 desrree of consanguinity or affinity, nor in which he has been of 
 counsel, without the consent of all the parties in interest. 
 
 §200. Every Court has power — 
 
 1. To preserve and enforce order in its immediate presence, 
 and as near thereto as is necessary, to prevent interruption, dis- 
 turbance or hindrance to its proceedings. 
 
 2. To enforce order before a person, or body empowered to 
 conduct a Judicial investigation under its authority. 
 
PT. 1. — TIT. 5.- — Judicial Department. 49 
 
 Chapter 1. — General Provisions in regard to Judicial Powers. 
 
 3. To compel obedience to its judgments, orders and process, and compel 
 and to tlie orders of a Jndire out of Court, in an action or ])ro- 'ts process 
 
 I • 1 . ' andjudg- 
 
 ceedmg tlierem. ni.nt; 
 
 4. To control, in furtherance of justice, the conduct of its of- »"*i t" on- 
 
 ii 1 n 1 1 trolitsofli- 
 
 iicers, and all other persons connected witli a Judicial proceed- ^ers; 
 ing before it, in every matter appertaining thereto. 
 
 5. To administer oaths in an action or proceeding pending and to ad- 
 therein, and in all other cases, when it may be necessary, in the oaths, 
 exercise of its powers and duties. 
 
 G. To amend and control its process and orders, so as to make And to 
 them conformable to law and justice, and to amend its own re- processes, 
 cord so as to make them conform to the truth. "^ *'°'^ *' 
 
 §201. No records or papers of any Court must be removed "W"''™ ic- 
 
 ,, , . . cords may 
 
 out oi the county, except m cases of invasion, whereby the same''« removed, 
 may be endangered, or unless by order of the Court. 
 
 §202. The minutes of every Court of record must be read Minutes 
 
 1 • \ 1 /~^^ ^ ' must bo read 
 
 each morning by the Clerk, m open Court, and on the adjourn- ""'i **s""^*'- 
 ment of the Court must be signed by the Judge, Judges or Jus- 
 tices thereof: but if not signed, are valid, unless repudiated by 
 the Court. 
 
 §203. The acts of a Court sliall not lack validity for the want co„rt mar 
 of a Clerk, and whenever tliere is no Clerk, or none to be had, ticfof'cier"k 
 or he is incapable of discharging his duty, and any Court per- i's nZc. '"'^'^ 
 forms that duty itself, its action as such is valid. 
 
 CHAPTER II. 
 
 THE SUPREME COURT AND ITS OFFICERS. 
 
 Article 1. Tlie Supreme Court and its Judges. 
 Article 2. The Clerk. 
 Article 3. The Reporter. 
 Article 4. The Sheriff, or Marshal. 
 
 ARTICLE I. 
 
 THE SUPREME COURT AND ITS JUDGES. 
 Section-. 'Sectio.v. 
 
 204. Judges of the Supremo Court. 
 
 205. Their oath of office. 
 
 206. Two may hold the Court. 
 
 207. Who arc eligible for Supremo Bencli. 
 
 208. Vacancies — how filled. 
 
 4 
 
 209. When there is but one Judge. &.(.'. 
 
 210. Unanimous decisions how reversed. 
 
 211. The powers of Supreme Court, &c. 
 
 212. Two of the Judges must concur, Ac. 
 
 213. Officers of tlie Supreme Court. 
 
50 PT. 1.— TIT. 5.— CHAP. 2.— Judicial Depaetmext. 
 
 Article 1. — The Supreme Court and its Judges. 
 
 judsesof §201. The powers of the Supreme Court are vested in, and 
 Court. its duties performed by three Judges, who are elected for the 
 
 term of six years by the General Assembly.'-' 
 Their oath. §205. Before entering on the discharge of their duties they 
 
 shall take the oath prescribed for Judges of the Superior Courts, 
 
 and all other oaths required for civil officers. 
 Two may §20(3. Tlicv, or two of tlicm, may hold said Court, and the 
 
 hold Court. "^ " ] ..." ^ . ' 
 
 Chief Jus- oldest Judge m commission is the Chief Justice, or President 
 
 tice. 
 
 thereof, but without any greater powers than his associates. 
 
 whoarcoii- §207. Ko pcrsou is eligible as such, unless he has been duly 
 suprome admitted and licensed to plead and practice in the Courts of 
 
 "Bench. 
 
 Law and Equity in this State for ten Ax^are prior to his election : 
 within twenty days after the election the Governor shall issue 
 his commission. 
 Vacancies— §208. lu casc of a vacaucy (from anv cause) the Governor 
 
 how sup- 111 . 1 .. t""., t. 
 
 plied. shall appoint and commission some qualiiied pei-son to supply it 
 
 until the next meeting of the General Assembly, who shall elect 
 some one for the unexpired term. If a vacancy occurs during 
 the session of the General Assembly there must be no appoint- 
 ment, but if it closes without an election the Governor shall 
 appoint some person to hold the office until the action of the 
 General Assembly. 
 When but § 209. Wlicii two or all of the Judges are disqualified from 
 competent deciding any cause or proceeding pending in their said Court, 
 must be dis- tlicy iiiust certify the same to the Governor, who inust direct a 
 commission to issue to any two or three Judges of the Superior 
 Court, whom he may select, and that has not performed any 
 judicial duty, in the cause, empowering them in the particular 
 cause stated, to exercise the powers of a Judge of the Supreme 
 Court therein, as in cases of vacancy, at the time and place for 
 hearing and determining the same. 
 How unani- § 210. A dccisioii coiicuiTed ill by three Judges cannot be re- 
 ^ons maybe versed or materially changed, except by a full bench, and then 
 reversed, g^^-j-gp argument had, in which the decision by permission of the 
 Court is expressly questioned and reviewed, and after such argu- 
 ment the Court in its decision shall state distinctly whether it 
 affirms, reverses or changes such decision. 
 
 * The amended Constitution provides that the Judges of tlie Supreme Court shall 
 be appointed by the Governor and with the advice and consent of the Senate. 
 
PT. 1.— TIT. 5.— CHAP. 2.— Judicial Depahtment. 51 
 
 Article 1 . — The Supreme Court and its Judges. 
 
 § 211. The Supreme Court has authority — cXt has 
 
 1. To exercise appellate jurisdiction, and that only, and in no authority— 
 case to hear facts or examine witnesses. Jppoiiate'^- 
 
 2. To hear and determine all causes, civil and criminal, that ^if^'J,"^*'"" 
 may come hefore it, and to ijrant iudirments of affirmance or re- To hear and 
 
 "J 1 1 • • ' ' 1 • 1 1 • <Utirinine 
 
 versal, or anv other order, direction or decree required therein, <asis that 
 
 " ,TT .. ^1 !• <'"ni<^ before 
 
 and if necessary to make a hnal disposition of the cause, but initandtopive 
 
 •' _ -"^ ^ nnal judg- 
 
 the manner prescribed elsewhere in this Code. «u^nt. 
 
 3. To ijrant any writ necessary t<j carry out any purpose of to pram 
 its organization, or to compel any inferior tribunal, or officer force lu 
 
 ~ 1 orders. 
 
 thereot, to obey its order. 
 
 4. To appoint its own officers, and t^> commission any i^erson. To appoint 
 
 '- ^ ^ , " -^ its own offi- 
 
 to execute any specific order it may make. t-". 
 
 5. To establish, amend and alter its own rules of practice, to make 
 and to rerrulate the admission of Attorneys. tice. " ^^ 
 
 (). To i)unisli for contempt by the infiiction of a fine as high To punish 
 
 ,,,,,,, ■, ." • T for con - 
 
 as five hundred dollars, and imprisonment not exceeding ten umpts. 
 days, or l)otli. 
 
 7. To exercise such other powers, not contrary t-o the Consti- And excr- 
 
 , . . , , cise all legal 
 
 tution, as are or may be given to it by law. powers. 
 
 S212. The concurrence of two of said Judsjes is necessary to Two jndgcs 
 
 <J ..." must concur 
 
 make a reversal, or to grant any order, disturbing the judgment t" reverse, 
 of the Court below, and when only two preside in a cause, and when two 
 
 ' „ i. ^ ' onlj' preside 
 
 they disao-ree as to the reversal, or as to said order, the iudgment<h«"i''<i's^- 
 
 «/ o ' 7 J c greement af- 
 
 stands affirmed. *''"™®- 
 
 §213. The officers of the Supreme Court are a Clerk, a Pe- The officers 
 porter and assistants, a Sheriff and deputies. preme"" 
 
 Court 
 
 ARTICLE II. 
 
 THE CLERK. 
 
 Sectiox. ; Section. 
 
 217. Must tax costs, &c. 
 
 218. Who liable for costs, &c 
 
 214. His appointment and oath of office. 
 
 215. May appoint a deputy. 
 
 216. The duties of the Clerk enumerated. 
 
 § 214. The Clerk of the Supreme Court holds his office for six ^Z^lti 
 years, unless removed for incapacity, improper conduct, or ne- clerk! 
 gleet of duty ; and before entering upon his duties he must take 
 an oath faithfully to discharge them, and also all other oaths 
 required of civil officers. 
 
52 PT. 1.— TIT. 5.— CHAP. 2.— JrDici.vj. Depaktment. 
 
 Article 2.— The Clerk. 
 
 May appoint §215. He uiav appoint one or more deputies in his discretion,, 
 under such rules as the Court may ado})t, he being responsible 
 for the faithful performance of their duties; and when so ap- 
 pointed their powers and duties are the same as his. 
 § 216. It is his duty— 
 
 Must keep 1. To keep an office at the Seat of Goyernment, in one of the 
 
 cSpito^^" apartments of the Capitol, where all books, records and archives, 
 and the seal of the Court shall remain. 
 
 Must attend 2. To attend all sessions of the Court and obey all of its law- 
 
 iheWurt.. f^ioi-aers. 
 
 Must keep 3. To keep in well bound books fair and regular minutes of 
 
 ™rds.&c. the Court's proceedings, a record of its judicial acts, a docket of 
 its causes, and such other books as said Court may require him 
 to keep. 
 
 Must certify 4. To Certify, whcu required, upon payment of his lawful 
 
 records and ^,^ . t ,m ,• • i /^ ,l 
 
 papers. fees, all mmutes, records, or tiles oi said Court. 
 
 Must ub- ^- To arrange the cases on the docket by circuits, and to give 
 
 'drcuus ""^ "'" notice in one of the newspapers, printed at the place where the 
 
 Court is to be held, twenty days previous to its session, of the 
 
 order of arrangement. 
 „ , , 6 To submit to the Governor a fair statement of each crimi- 
 
 Must report ^ -^ 
 
 cases'toThe ^1^1 paupcr casc, showing the items of costs, the nature of the 
 
 Governor. qj.[j^q charged, and the county from whence it came, under the 
 seal of the Court, as a condition to a warrant in his favor for 
 their payment. 
 
 7. To make out a remitter of every case within ten days from 
 the adjournment of the Court, and to transmit it to the attorney 
 of the party prevailing, together with a certilicate of the amount 
 of the costs, and by whom paid, which remitter shall consist of a 
 copy of the judgment of the Court, as entered on the minutes, 
 and nothing more. 
 
 Must issue 8. To issue and sign all writs and processes of every description 
 
 prole'sses""'^ Issucd uudor the authority of the Court. 
 
 Must admin- 9. To administer such oaths, and take such affidavits, as the- 
 
 ister oaths. 1^^^^-^^^^^ ^^- ^^^^ Qourt, or tlic law may require. 
 
 Must per- 10. To discharge whatever other duty may be required by 
 
 l7^ciai*du- law, or necessarily appertains to his office. 
 
 Must tax ^217. When judgment shall be pronounced in any cause, he- 
 
 ehSe'^oniy shall tax the costs thereof, item by item, which shall be entered 
 
 tendered!'' ou the miuutes at the foot of the judgment without charge. He 
 shall make no charge for attaching the seal to the remitter, nor 
 
 Must make 
 out remit- 
 ter. 
 
PT. 1.— TIT. 5.— CHAP. :2.— Judicial Departmekt. 53 
 
 Article 3 — The Reporter. 
 
 to any precept issued by him, nor for anything but services ac- 
 tually rendered, nor shall he record the bill of exceptions, or 
 transcript of the records from the Court below. 
 
 §218. Every attorney for the plaintiff in error, wlio argues orwhoareiia- 
 presents a cause to the Supreme Court, is liable to the Clerk for ' 
 ■costs, except in a pauper case. 
 
 We for costs 
 
 ARTICLE III. 
 
 THE REPORTER. 
 
 Sectiox. j Section*. 
 
 219. Appointment and oath of Rcport<^r. ! 222. Reports must not contain arguments. 
 
 220. May appoint an assistant 223. Penalty for faihng to publish reports. 
 
 221. Must attend Courts, &c. ! 224. Copyright reserved to the Reporter. 
 
 §219. The Peporter of the Suiu'cme Court holds his office for Appoint- 
 
 '■ ^ Hunt and 
 
 the same term, and on the same conditions as the Clerk, and™'*^"^'^'' 
 
 , f. Keporter. 
 
 before entering on his duties, must take the same oaths. 
 
 §220. He may, with the consent of the Court, under such rule ^^J" f^PP^i^t 
 
 '- •y ' ' assistant. 
 
 as they may adoj^t, appoint an assistant Reporter, whose duties 
 are the same as the Reporter's. 
 §221. It is his duty— 
 
 1. To attend all sessions of the Sui)reme Court by himself, or Must attend 
 
 , . . .,7 ^^^ Courts. 
 
 his assistant. 
 
 2. To publish, in good and substantial form, the decisions ofMustpnb- 
 said Court, as written out, withm six months oi the time oi tlieir si.ms. 
 delivery to him. 
 
 3. To furnish one copy of each volume of his reports to each Must fnr 
 
 , \^'- ^ ^ iiisli copies 
 
 Judo;e ot the Sui^renie Court ; one co])v to the Clerk thereof, to to the state 
 
 J^ . , \ \ f "■ _ and certain 
 
 be kept in his office ; twenty-iive copies to the State, to be deliv- otHccrs. 
 ered to the State Librarian ; and a copy to each Clerk of the Su- 
 perior Courts, to be kept in their offices ; for such copies he shall 
 be paid by the Governor at the price of three dollars per copy. 
 
 §222. The volumes of reports must not contain any aro-umeiit, Reports not 
 
 , ^ , •■ ^ ' to contain 
 
 or brief of counsel, bevond a statement of the points and author- arcument of 
 
 " i counsel. 
 
 ities. 
 
 §223. If lie fails to publish his volumes of reports within thcivnaity for 
 time designated, he forfeits one-fourth of his salary for every ad- publish re- 
 ditional month's delav, unless a maiority of the Court will certi- law re- 
 
 •^ * *' QUI res. 
 
 fy that the delay was not from his fault, or of those under his 
 control, and if he fails to ])ublish and furnish them as required in 
 
54 
 
 PT. 1.— TIT. 5.— CHAP. 2.— Judicial Department. 
 
 Article 4.— The Sheriff. 
 
 preceding section, he also forfeits one-fourth more of his salary, 
 and must be removed by the Supreme Com-t. 
 Copyright §224. lie shall have the coiivrifrht to his reports, in addition 
 
 shall be Ee- "r . ^ • ' ^ 
 
 porters. to liis salarv. 
 
 AKTICLE lY. 
 
 THE SHERIFF. 
 
 Sectiox. 
 225. Sheriff shall attend Supreme Court. 
 22G. If lio fails the Court may ai^point. 
 
 Section'. 
 227. Sheriff's fees in the Supreme Court. 
 
 Duty of the 
 Sheritf of the 
 county 
 ■where the 
 Court is 
 held. 
 
 Court may 
 appoint an 
 ofllcer. 
 
 SherifTs fees 
 in Supreme 
 Court, 
 
 §225. The Sheriff of the county wherein a session of the Su- 
 preme Court is holden, or his Deputy, must attend daily the ses- 
 sions thereof, obey all lawful orders, execute all lawful com- 
 mands and process, and preserve order. 
 
 §226. On failure of said Sheriff, or a lawful Deputy, to attend 
 and discharge the duties required, or any part thereof, the Court 
 may appoint some fit and proper person for such purpose. 
 
 §227. He shall receive for his services the fees allowed in the 
 Superior Court, for like services, and w^lien he performs a jour- 
 ney in the discharge of his duties, he is entitled to tlie same pay 
 for mileage, as a Marshal of the Confederate States. 
 
 CHAPTEK III. 
 
 THE SUPERIOR COURTS AND THEIR OFFICERS. 
 
 Akticle 1. The Superior Court and Judges. 
 Article 2. The Clerks. 
 Article 3. The Keceiver. 
 
 AETICLE I. 
 
 THE SUPERIOR COURT AND ITS JUDGES. 
 Sectiox. 
 
 Section. 
 
 228. Election and official term of Judges 
 
 229. Their oath of office. 
 
 230. Vacancies — how filled. 
 
 231. Time of election. 
 
 232. Judges elected to fill vacancies. 
 
 233. No special election — when. 
 
 234. Who are eligible to Judgeship, 
 
 235. ShaU not practice law. 
 
 236. Shall not be deprived of his office. 
 
 237. Must hold Court twice a year. 
 
 238. His jurisdiction. 
 
 239. Duties of the Judge. 
 
 240. Shall dehver his charge in writing. 
 
 241. Such charge shall be filed. 
 
 242. Jurisdiction of the Superior Courts. 
 
 243. Powers cnmnerated. 
 
 244. When the Judge is absent. 
 
 245. Can only exercise powers granted. 
 
 246. When the Judge is disqualified. 
 
 247. May bo impeached. 
 
 248. Perform no Judicial act out of State. 
 
PT. 1.— TIT. 5.— CHAP. 3.— Judicial Depar™ent. 55 
 
 Article 1. — The Superior Court and its Judges. 
 
 S228. Judges of the Superior Courts are elected bv the peo- Election and 
 
 '-" " ^ ' '■ official term 
 
 pie, of and for each Judicial Circuit, in the manner, and at the^fti'e 
 
 , . -, . , Judges. 
 
 time Iiereinafter prescribed, and hold their offices for four years, 
 unless sooner removed in tlie manner prescribed by tlie Consti- 
 tution. 
 
 §229. Before enterinp; on the duties of their office, they must Their oath, 
 take the oath required of all civil officers, and in addition the 
 following, viz : 
 
 " I swear that I will administer justice without respect to per- 
 sons, and do equal rights to the poor and the rich, and that I 
 will faithfully and impartially discharge and perform all the du- 
 ties incumbent on me as Judge of the Superior Court of this 
 State, according to tlie best of my ability and understanding, 
 and agreeable to the laws and Constitution of this State, and the 
 Constitution of the Confederate States. So help me God." 
 
 S 2;>(^. When a vacancv occurs, (or from some cause there is a y''*'*2f/^^~ 
 
 ' •• ' ^ now tilled. 
 
 failure to elect,) the Governor shall appoint some qualified per- 
 son to fill such vacancy, and shall order a special election. 
 
 §231. Such election shall be lield on the first Wednesdav in Time of eicc- 
 J anuary next thereafter : I roviaed, there is time tor the Gover- 
 nor's proclamation of such election to be advertised for as much 
 as thirty days preceding said day. 
 
 §232. Judges thus elected hold their offices for a full term of.Tndsros 
 four years, and must be by the Governor so commissioned. tiiiavacan- 
 
 §233. If, at the time a vacancv occurs, the unexi)ircd time ofT'i^ap- 
 the (former') incumbent does not exceed twelve months, the iier- ''"'Js ^ith- 
 
 ^ _ ^ out an elcc- 
 
 son appointed holds his office for the unexpired term, and there *'""• 
 shall be no special election. 
 
 §234. No person is eligible to such Judgeship who shall not "^^^,° ''[° ^|^; 
 have been a resident citizen of this State for ten years, just pre- j j^jg^igi^ij, 
 ceding his election or appointment, and who shall not have been 
 an inhabitant in the Circuit over which ho is to preside, for at 
 least one year next preceding the said time, and who shall not 
 have been duly admitted and licensed to plead and practice in 
 the Superior Courts of this State at least five years prior to the 
 same. 
 
 §235. Such Judges are prohibited from practicing law in an v judges shall 
 of the Courts of this State between the times of their election |;';J, i'™«^'«« 
 and qualification, but they may practice until their qualification 
 in any case in wdiich they may have been actually employed be- 
 fore their election, and they are also prohibited from practicing 
 
56 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Depak-oient. 
 
 Article 1. — The Superior Court and its Judges. 
 
 as attorneys, proctors, or solicitors, in the district or Circuit Courts 
 of the Confederate States, after their election, or while in com- 
 mission. 
 Attaching 8 236. A persoii havino; been appointed or elected a Judice of 
 
 the county of ^ ^ i i • i /. i • zc n i ■ i 
 
 his residence any Circuit cannot be deprived oi his oince bv attachino- the 
 
 to another >' ^ ^ ^ -r • *^> • . 
 
 Circuit does countv in wliicli lic rcsidcs to a different Judicial Circuit, but 
 
 not oust him •• _ _ •' 
 
 from office. Jie contiuues to discharge its dutics as tliougli lie resided in the 
 
 Circuit. 
 Must hold §237. Said Judges must hold the Superior Courts of each Cir- 
 
 Court in . • i /--i tt /-x' • p i ' 
 
 each county cuit at the countv Site and Court House (it any) ot each county, 
 
 of his Circuit ,^ . , . 1 1 1 . 1 \ 
 
 twice a year, or otlicr placc tiicrem designated by la\y, twice each year, at such 
 
 times as is now or may be prescribed by the General Assembly. 
 Jurisdiction §238. The jurisdiction of the Judges of the Superior Courts 
 x'dth^the^^^ is co-extensive with the limits of tliis State, but they are not 
 
 compelled to alternate unless required by law. 
 
 Duties of § 239. Each of said Judges shall discharge all the duties re- 
 
 '^^'^^^' quired of him by the Constitution and laws, for the Circuit for 
 
 which he was elected or appointed, although he may hold Courts 
 
 in other Circuits, and may also exercise other judicial functions 
 
 for them when permitted by law. 
 
 Written § 240. The Judges of the Superior Courts of this State, shall, 
 
 charges in . -,, ^f>i n i_c!i -i • i n n • •! 
 
 certain cases m all cascs of fclouy, and on the tmai, or appeal trial of all civil 
 cases tried before them, give their charges to the jury in writing; 
 that is to say, shall write out their charges and read the same to 
 the jury, when the counsel for eitlier party shall require them to 
 do so ; and that it shall be error for such Judge to give any other 
 or additional charge than that so written out and read. 
 
 Shall be fii- §241. The charge so written out and read, as aforesaid, shall 
 be filed with the Clerk of tlie Court in wliich the same was giv- 
 en, and shall be accessible to all persons interested in the same ; 
 and the Clerk shall give certified copies thereof to any per- 
 son applying for the same, upon the payment of the usual fee. 
 § 242. Tlie Superior Courts liave authority — 
 
 of'suSoT 1- To exercise original, exclusive or concurrent jurisdiction (as 
 
 dvn and the case may be) of all causes, l)Oth civil and criminal, granted 
 
 criminal ca- ^ _^ ^j^^^^^ |_ ^ ^j^^ Coiistitutian and laws. 
 
 ■^o^wirf'^*' 2. To exercise the powers of a Court of Equity. 
 ^elstlom' 3- To exercise appellate jurisdiction in all cases tried by a ju- 
 courtsf&c. I'.y ill ^li6 Inferior Court, and from judgments of the Ordinary. 
 ^rors o7Tn- "i- To cxercisc a general supervision over all inferior tribunals, 
 and to review and correct in the manner prescribed by law, the 
 
 ferior tribu- 
 nals. 
 
i*T. 1. — TIT. 5. — CIIAF. 3. — Judiciai> Department. 57 
 
 Article 1. — The Superior Courts and its Judges. 
 
 judgments of the Justices of the Inferior Court, the Justices of 
 the Peace, Corporation Courts or Councils, or any inferior judica- 
 ture, or any person exercisino; judicial poAycrs, and of the Ordi- 
 nary, except in cases touching tlie prohate Avills and the granting 
 of letters of Administration, when there must he a special jury 
 empauelled. 
 
 5. To punish contempt by lines not exceeding t\vu hundred May punish 
 dollars, and l)y imprisonment not exceeding tAyenty days. u-mi'itt 
 
 6. To exercise such other poAyers, not contrary to the Consti- Mav oxer- 
 tution, as are or may be giyen to such Courts by law. Srjlowe^' 
 
 §243. The Judges of the Superior Courts haye authority— j.uipesmaj 
 
 1. To grant for their respectiye Circuits Avrits oi certiorari, su-^feru^a- 
 j)ersedeaf,\ qvo warranto mandamvs, habeas corpus, and bails in rfA/Trf^c*"" 
 actions e,r-deJicto. 
 
 2. To grant l)ills quiortimet, writs of iniunction, prohibition ^ay tn-ant 
 and ne-excat. met, dc. 
 
 3. To grant all other Merits, original or remedial, either in law Mayprant 
 or equity, that may be necessary to the exercise of their jurisdic-""'"^ '"'*'■ 
 tion, which is not exj)ressly prohibited, 
 
 4. To hear and determine questions arising upon writs of /m- May hear & 
 leas corpus or bail, when properly brought before them: all mo- re'^t™ to 
 tions to grant, reviye, or dissolye injunction, to giye new security /"'^.nK'tions 
 or lessen tlie aino*int of bail, and to perform any and all other '■"/"»'« Jns, 
 acts required of them at Cliambers. 
 
 5. To administer oaths and to exercise all other powers neces-^^»y«finiin- 
 
 •! ... ,,i-..T.. , istiT oaths. 
 
 sarily appertaining to tlicir jurisdictions, or which may be grant- 
 ed them ]>y law, 
 
 §244. The authority granted in the preceding section to each when Judge 
 Judge in his own Circuit, may be exercised by any Judge of an- frmn^hfs cir- 
 other Circuit, wheneyer the resident Judge is absent from the <Si*fied'an- 
 Circuit so that the business cannot be done as speedily as neces- '"••'rcxtr?'^ 
 
 ] • 1 • T . T f'S'^ power 
 
 sary, or is indisposed, or interested, or is laboring under any dis- 1^'"-''"- 
 qualification, or inability to serye, or in case the Circuit should 
 be, from any cause, without a Judge. The authority when thus 
 exercised should show the grounds. 
 
 § 245. Said Judges cannot exercise any i^ower out of term time, *^"''"? ""'y '•^■ 
 
 , , , . • i ' croiso erant- 
 
 except the authority is expressly granted, l»ut they may, by order ;;;!ji'J'«; 
 granted in term, render a judgment in yacation, " ^'™^- 
 
 § 246, When from any cause the Judge of the Superior Court 
 is disqualitied from presiding, he shall procure the seiwices of a 
 Judge of another Circuit to try said cause, if he has to appoint 
 
 ers 
 mi 
 
58 
 
 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 
 
 Article 1 . — The Superior Court and its Judges. 
 
 if '(Us uaim^ ^^ adjourned term for that purpose. If tlie parties litigant con- 
 obtain"thf ^^^^^ thereto and select any attorney practiciiiii; in tlie Court to 
 another "^ preside in such a case, tlie Judge shall have such consent entered 
 f udrney'^ '"' "^^^ ^^^^ luinutes, and the attorney so selected shall exercise all the 
 by -coninf functions of Judge in that case. 
 
 May be im- § 2-iT. If any Judge does not comply with the provisions of the 
 
 preceding section, within a reasonable time, when it is in his 
 
 power to do so, it is a ground of impeachment. 
 
 Can perform §248. JS^o Judgo of tlic Supcrior Courts sliall liavo authority 
 
 act out of to perform any judicial act required of him bv law, when beyond 
 
 the State. ,..,..,,,. f, 
 
 the jurisdiction oi this btate. 
 
 AKTICLE II. 
 
 THE CLERKS OF THE SUPERIOR COURTS. 
 
 Sectiox. 
 
 249. Electiou of Clerk Sui:)erior Court. 
 
 250. Cannot practice law. 
 
 251. Vacancy — how filled. 
 
 252. Elected to fill a vacancy. 
 
 253. In case of a tie, &c. 
 
 254. An appointment must bo made. 
 
 255. Who may act. 
 
 256. Appointee may liokl to end of term. 
 
 257. Judge may appoint in certain cases. 
 
 258. How long such appointee may hold. 
 
 259. Oath of Clerk of Superior Coiu't. 
 
 Section. 
 2G0. Must give bond and security. 
 2G1. May appoint deputies. 
 2G2. The plan for the ofBce — duties. 
 2G3. Powers of the C erk, &c. 
 
 264. Penalty for a failure of duty. 
 
 265. Clerk subject to rule. 
 
 26G. Subject after retiring from office. 
 
 267. IIow removed from ofBce. 
 
 268. His office subject to be examined. 
 
 269. Pa}^ when not otherwise provided. 
 
 270. Proceedings if pay is refused. 
 
 Clerk cannot 
 practice law. 
 
 § 249. The Clerks of the Superior Courts are elected for the 
 term of two years, and are elegible during the same time to be 
 also Clerks of the Inferior Courts. 
 
 § 250. JSTo person is elegible to the otRce of Clerk, or to per- 
 form any official duty as such, who, while in such capacity, prac- 
 tices law in his own name or another's, as a partner or otherw^ise^ 
 in any Court of law or equity in this State, except in his own 
 case. 
 
 §251. If a vacancy occurs, (or will shortly,) any two or more 
 howsuppii- Justices of the Inferior Court of the county where it happens 
 shall give notice in one or more of the public gazettes of said 
 county (if any,) and at the Court House, and at three or more of 
 the most public places of said county, twenty days previous to 
 the day of election, which shall be appointed by them. 
 
 Vacancy — 
 
PT. 1.— TIT. 5.— CHAP. 3.— Judicial Depaktmext. 59 
 
 Article 2. — The Clerks of the Superior Courts. 
 
 § 252. The person elected on said dav shall hold his office for one elected 
 
 f i ^ " to nil a va- 
 
 the unexpired term of his predecessor. The returns of the elec- cancy holds 
 
 i -" _ only the un- 
 
 tion must he made to the Governor, wlio must commission him. expired term 
 §253. Should any two or more candidates at an election to ^11 [[J. Tae^kls 
 said vacancy, or at a regular election, liave tlie highest, and ari^w"^'^*^* 
 equal numher of votes, said Justices sliall ap])oint and advertise ^'j^*"^^^"" *'" 
 another election in the manner prest'ril)ed in the preceding sec- 
 tions, and so do until a choice is made. 
 
 S 254. As soon as a vacancy occurs, or in antici])ation of it, said ^]r\t\\ an 
 
 '" . . ' . cK-ction IS 
 
 Justices, or a maiority of them in commission, must meet and had a cierk 
 
 ' •' • ■ must be ap- 
 
 appoint some qualified person to discharge the duties of Clerk pointed, 
 until the vacancy is filled. 
 
 §255. If from any sudden emergency there is a vacancy, and cierk of in- 
 it is not immediately supiJied, the Clerk of the Inferior Court may act as 
 
 T 1 1 1 • /■ 1 /-.I 1 -1 ■ • 1 Clerk of Sn- 
 
 must discharge the duties oi such Clerk until one is appointed, perior court 
 
 . . ■* in an cmer- 
 
 and in case the vacancv occurs at the same time in hoth oftices, Ki»cy. and if 
 
 liotli bo va- 
 
 the Ordinary, or his Clerk shall thus act. ^'nt, ^c. 
 
 §256. AVlien a vacancy occurs, and it is not more than sixu only six 
 
 T,, 1.", ,. , •!! • 1 month* of an 
 
 months irom the time the election can be aiipomted ov said unexpired 
 
 -p. Till •!! •• Ml • 1*^ term, ap- 
 
 Justices and held, until the existino; term will exiure, the person puintee to 
 
 till vacancy 
 
 or persons appointed shall discharge the duties of the office forhouisoutthe 
 the halance of the term, and there shall he no special election. 
 
 §257. If there is a vacancy, or the Clerk and his deputy ft>i\:J"'',fjn™''^ 
 any reason do not act as Clerk at the time provided hy law .^'.'■'■'^ '° <>er- 
 
 •^ Jt •' tain cases. 
 
 for iiolding any of said Superior Courts, the presiding Judge 
 thereof shaU appoint a Clerk, who holds his office dnring the 
 term, and for ten days thereafter, and any act he docs, during 
 said time, that the Clerk could have done, is valid. 
 
 §258. If hy the expiration of said time there is no one else to^».'=''/P- 
 
 "-' •' -I ])()intee may 
 
 act as Clerk, said last mentioned appointee may continue as such J;,'|.'^'ti"„*'^ 
 until there is an appointment or election, and any appointee or 
 other person lawfully discharging said duties, sliall continue to 
 do so until there is an election and qualification. 
 
 §259, The Clerks, hefore entering upon the discharge of their [!|';j^|."^[j g^^, 
 duties, whether appointed, elected, or such hy operation of law, •"""'"'' ^"°"'''- 
 must, besides the oath required of all civil officers (unless akeady 
 taken) take and suhscribe to the following oath : 
 
 "I do swear that I will truly and faithfully enter and record 
 all the orders, decrees, judgments, and other proceedings of the 
 
 Superior Court of the county of , and all other matters 
 
 and things which hy law ought hy me to he recorded; and that 
 
60 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 
 
 Article 2. — The Clerks of the Superior Coiirts. 
 
 I will faithfully and impartially discharge and perform all the 
 
 duties required of nie to the best of n\\ understanding. So help 
 
 me God." 
 Appointees When said oath is taken by tlie Clerks of the Inferior Court, 
 shipmus" the Ordinaries, or their deputies acting in a certain contingency 
 give bond/ as Clerks of the Superior Court, they may take it before any 
 
 person authorized to administer an oath, and enter it on the 
 
 minutes of the Superior Court. 
 Must give §260. They shall also at the same time (except those appointed 
 
 by the Judges of the Superior Courts, and those so by operation 
 
 of law,) execute a bond in the sum of three thousand dollars 
 
 with good security. 
 Clerks of su- §261. They shall have the power to appoint a deputy, or de- 
 
 perior Court . , •/> i -i t • ^ t ' ' 
 
 may appoint puties, and may Tcquire trom tiiem bonds with good security; 
 must take wlio sliall take the same oath as the Clerks do before entering 
 
 oath and iti ^ t • t • t it- 
 
 give bond, upon the discharge ol their duties, and whose powers and duties 
 are the same as long as the principal continues in office, and not 
 longer, for the faithful performance of which they and their se- 
 curities are bound. 
 
 §262. It is the duty of the Clerks of tlie Superior Courts — 
 Where offioe 1. To keep tlicir offices, and all things belonging thereto, at 
 kept. the county site, and at the Court House, ualess impracticable 
 
 from any cause, when by special permission of the Justices of 
 the Inferior Court it may be kept at some other designated 
 place, not more than one mile therefrom, of which public notice 
 must be giyen, 
 att'end"co^t '^- '^*-* ^^^end all sessions of the Courts, and keep fair and 
 SnntTs' in- ^'^gular miuutcs of their proceedings from day to day, including 
 triet'on '"" ^ transcript of the Judge's entry on his dockets, when not more 
 docket. *'"lb^ shown in a book kept for that purpose. 
 Must issue '^- To issue and sign (and attach seals thereto when necessary) 
 STkinds! '^^ every summons, subpoena, writ, execution, process, or order, or 
 
 other paper under the authority of the Court. 
 Must keep 4. To keep in Court, convenient of access, the following 
 
 certain • a /-i t it ^ • •^ • i • i 
 
 dockets as dockcts, to Wit : A Commoii Law docket ol civil cases, m which 
 
 follows: ' ' 
 
 Common must DC entered by tlie aiipearance term the names ot tlie par- 
 Law docket. . •'' ^ ^ ^ . I 
 
 ties and attorneys, the nature of the action, and the Sheriff s 
 Equity rctum. All Appeal docket, and an Equity docket, in which 
 must be entered all the cases to the respective terms, to which 
 they are returned or stand for trial, together with other entries, 
 as in the case of the Common Law docket. 
 
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Depaktment. 61 
 
 Article 2. — The Clerks of the Superior Courts. 
 
 A claim docket, a certiorari and an illegality docket in the ciaim 
 same manner. A motion docket for entering all motions to be Motion 
 submitted to the Court, showing the nature of the motion, and '^"*'''^^' 
 the parties, and attorneys thereto. 
 
 A subpcena docket, for civil cases, and one for criminal cases, subpn-na 
 
 1 • 1 1 11 'I'Ti-i dockets. 
 
 in M-hicli must be entered the case m -winch the sul)p(i>na issues, 
 the date, the name of the witness, for whom issued, and to whom 
 delivered, and any return of the Sheriff thereon. 
 
 In the former must l)e likewise entered, and in the same man-^nminai 
 
 1 . . ,. . . t • 1 1 1 (locket. 
 
 ner, the issuing oi commissions. A trial docket of criminal 
 cases, in which must be entered all the criminal cases in the 
 order the indictments are found, tlie nature of the offence, and 
 the attorneys for the defence. 
 
 A docket in which must be entered all criminal cases whicli ^^.d'.'^et of 
 have been on the criminal docket for as much as five years with- «'»«» 'n 
 
 , , , , . which there 
 
 out any existing arrest, and whicli must be inspected by the'* "" ""■'^** 
 
 r^ " 1 , . , "for five 
 
 Court, at least once every year, that if necessary, any case niav >'=•■""'''• 
 be re-transferred to the criminal docket. 
 
 Execution docket, and enter therein the names of plaintiffs, Exocntion 
 their attorney, and the defendants, the amount of i)rincipal and ''"''''' 
 interest, and costs; the date, the term to Avhich returnable, to 
 whom and Avhen delivered, and by whom, and when returned 
 and an entry of satisfaction or nulla bona, as the case may be 
 with the dates thereof. 
 
 Duplicates of the common law appeal and criminal dockets, copy ,iock- 
 one for the use of the bench, the other for the use of the bar, in TJ."' '^'^ 
 which last must be copied from term to term all the entries made 
 in the former. All appeal cases must be entered on the same ap- 
 peal docket in the order they are entered on the minutes, and 
 from the Inferior Court in the same order and at the time re- 
 ceived. Divorce cases are first to be entered on the equity 
 docket, and after one trial are to be entered on the appeal docket 
 in their proper order from the minutes. 
 
 5. To record in well bound books, within six montlis after theMu.stkoop 
 final determination of any civil suit, all the proceedings relating civirsuil. 
 thereto. 
 
 t). To keep well l)ouiid books for recording all deeds, mort- Must kee > 
 gages, and other liens and bills of sale separately. Jj'^.'^J',''^^ "^ 
 
 7. To have properly stamped and labelled, and numbered or ^.tiM 
 lettered if required, all the books herein enumerated, and totC'Sof 
 keep for each, (except the dockets called by the Court,) a proj^er '"' "'"''''" 
 
62 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Department. 
 
 / 
 
 Article 2. — The Clerks of the Superior Courts. 
 
 index, and to supply any of said books or indexes needed, and 
 to transcribe tlie contents of any books of record which may be 
 in a dilapidated condition. 
 sJrvethe" ^- '^^ ^^-Gei^ 'dl the books, papers, dockets and records, belong- 
 tfl^Vf""* "^S ^^ their office, with care and security, and the papers filed, 
 .encof '^'^"^" ai"i'anged, numbered and labelled, so as to be of easy reference. 
 Must pre- 9. To Tirocurc and preserve for public inspection a complete 
 
 serve and ^ ^ "^ ^ -"^ -■■ -L 
 
 have bound, jiIq of all newspapei's, in which their advertisements appear, and 
 
 newspapers, i j. 7 rr y 
 
 in whicii ho ]iave them bound in volumes of suitable size to be deposited 
 
 iidvertises. _ .1 
 
 and kept with their other records. 
 Must keep 10. To keep at their offices all publications of the laAvs of the 
 
 in ther offi- ^., -, .-^ n • ^ t -i i /^ tit 
 
 ces all books Contederate states lurnished by the (jrovernor, and the Laws 
 ments dis- and Joui'iials of this State, all Statute Laws, Dio-ests, this Code, 
 
 tributed, for /-i -r> t -r» 
 
 public con- the Supreme Court Reports, and all other Law Books, or other 
 
 venience. ^ ■'- ^ ^ ^ ' ' ^ 
 
 public documents distributed to them for the public con- 
 venience. 
 Must keep 11. To procuro within thirty days after their qualification (if 
 seal. ' not already done) a substantial seal of office with the name of 
 
 the Court and County inscribed thereon. 
 Must certify 1^- To make out and deliver to any applicant, upon payment 
 copies ot pa- ^^. iggal fees, a correct transcript properly certified, of any 
 
 minute, record, or file of their office. 
 Must make 13. To make out transcripts of the record of all cases for the 
 
 out records i i ■ 
 
 for Supreme buprcnie Court as the hiws require. 
 
 Court. ^ , ^ 
 
 Must make l-i. To make a minute on all conveyances or liens, of the day 
 record of Icft for Tccord, and the day recorded, to be signed officially, 
 -attest' deeds wliicli shall bc evidciice thereof, and to attest deeds and other 
 tion. " " written instruments for registration. 
 Must admin- 15. To administer all oaths, durins; term time, required by the 
 
 ister oaths. i n t • t t 1 
 
 Court, and to record all oaths recpiired by law. 
 Mustdooth- 16. To perform such other duties as are, or may be required 
 office. "^^^ by law, or as necessarily appertain to their offices. 
 
 §2G3. The Clerks of said Courts have authority — 
 May admin- "^ \ Xo administer oaths, and take affidavits in all cases permitted 
 
 ister oaths ^ -■■ 
 
 by law. ]3y law, or where the authority is not confined to some other of- 
 ficer. 
 
 May receive 2. To rcccive the amouiits of all costs due in the Court of which 
 they are Clerks, and other sums whenever required to do so by 
 law, or order of the Judge, and not otherwise. 
 
 Mayadver- 3. To advci'tisc uudcr the same rules and restrictions as Sher- 
 
 tise. 
 
 iffs. 
 
FT. 1.— TIT. 5.— CHAP. 
 
 -Judicial Department. 
 
 63 
 
 Article 2. — The Clerks of the Superior Courts. 
 
 4. To exercise such other powers as are, or may be conferred May oxcr- 
 
 .111 cise other le- 
 
 iipon them by Jaw. gai powers. 
 
 §26|}:. Any such Clerk failini^ to perform any duty, or to exer- Ponaity for 
 cise any authority, when required, set forth in the two preceding fSr "' 
 sections, is subject to be fined for eacli ofi'ence, by the presiding 
 Judge, during term time, as for a contempt, on information of 
 any party aggrieved, of wliich he sliall liave notice in writing. 
 
 §265. If any of such Clerks receive any money on any suit orrierkwib- 
 judgment from tlieir Courts, or otherwise, and do not faithfully '''"'"' *"''"'''■ 
 account for it, tlicy are liable to rule as Slieriffs are, and they 
 and their sureties are likewise liable on tlieir official bonds. 
 
 §206. They are subject to the rule and order of their respec- subject to 
 tive Courts, after their retirement from office, as Sheriifs are. "f offiS.!'"*"'* 
 
 §267. They are subject to be removed from office by the Judge May bo ro- 
 of the said Court, for any sufficient cause, including incapacity or "fflce. 
 misbehavior in office, charges for which must be exhibited to the 
 Court in ^vriting, and the facts tried by a special jury, such Clerk 
 being entitled to a copy of the charges three days before trial. 
 
 §268. Their offices are subject to an examination by the Grand cicrk's office 
 Juries, their Connnittees, or any person whom thev mav esije- !^"amniaUon 
 
 • n J. , . .\ " , ' ~ I'V Grand 
 
 cially empower, to report to the same, or a succeeding Grand •V""y "r 
 Jury, or to the Judge of the Superior Court, who shall submit, ^°""'""' 
 in writing, the condition of said offices, and specify any neglect 
 of duty, or anything done wrongly or corruptly by such ('lerks. 
 
 §269. For any services rendered, or expenses incurred, leijallv ^'""i^™^"- 
 by said Clerks for their offices, where no pay is specially pro- """<■ p^c- 
 
 • 1 1 J.1 i 1 • 1 ,. 1 ^, .^ ^ scribed. 
 
 vided, they must be paid out of the County Treasury by or- 
 der of the Justices of the Inferior Court, after examining and 
 passing upon their accounts and vouchers, and finding them cor- 
 rect and reasonable. 
 
 §270. If said Justices refuse to allow, and order such accounts when infe- 
 paid, said Clerks may apply for and obtain a mandamus from vZ^'^Zli- 
 the Judge of the Superior Court, who shall hear and detenninc ';'''"''<n;m« 
 the questions, and submit any disputed fact to a special jury. ^"'*" 
 
 2VETICLE III. 
 
 THE RECEIVER. 
 
 Section. 
 
 271. Receiver may bo appointed — when. 
 
 272. Funds invested pending litigation. 
 
 273. Duties and liabilities of Receiver. 
 
 Section. 
 
 274. Receiver required to give bond. 
 
 275. Receivers of Banks, &c. 
 
64 PT. 1.— TIT. 5.— CHAP. 3.— Judicial Depaktment. 
 
 Article 3. — The Receiver. 
 
 Kecciver §271. WliGii any fund 01' property mav be in litio;ation, and 
 
 mav be ap- ,.t tt • t ^ -pn 
 
 pointed, and tliG rio:lits (A citlicr or Dotli partiGs cannot be otherwise lully pro- 
 is an officcT "^ 1 » 1 1 • " 
 
 of the supe-tected, or when there may be a tund or property havmo; no one 
 
 rior Court. ' . ^ . o i i • -i / 
 
 to manage it, a Keceiver oi the same may be appointed (on a 
 proper case made) by the Judge of the Superior Court, having 
 jurisdiction thereof, either in term time or vacation, and such Re- 
 ceiver is an officer of said Court. 
 Pending a §272. The presiding Judgc, in his discretion, under the law, 
 the^fund niav ordcr any fund in the hands of a Receiver, or anv other of- 
 
 may be in- -^ '^ . . , , ^ "■,,.. 
 
 vested in licer of Court, awaitmc; the determination ot a protracted htii>;a- 
 
 State bonds. , ' i . o, t-i i a i • • 
 
 tion, to be invested m State bonds, as Jixecutors and Adminis- 
 trators are authorized to do. 
 Duty and li- §273. The Receivers SO appointed must discharge their trust 
 Eeceiver. accordiug to the order or decree of the Courts appointing them, 
 and are at all times subject to their orders, and may be brought 
 to account and removed at their pleasure. 
 Judge may § 274. The JudgGs of the Superior Courts may, in their discre- 
 ceiver to' tion, require such Receivers to give bonds conditioned for the 
 faithful discharge of the trust reposed, and if they require them, 
 they must fix the amount and the sufficiency of the security, and 
 also regulate their compensation. 
 Receivers of §275. Reccivcrs of Baiiks, or otlicr corporations hereafter ap- 
 must make * poiiited by aiiy power, are amenable to, and must make their re- 
 perior tums to tlio Superior Court of the county where they reside at 
 
 the time of the appointment. 
 
 CHAPTER IV. 
 
 THE INFERIOR COURT— ITS JUSTICES AND CLERKS. 
 Article 1. The Inferior Court and its Justices. 
 Article 2. The Clerk. 
 
 ARTICLE I. 
 
 THE INFERIOR COURT AND ITS JUSTICES. 
 
 Section. 
 
 276. Election, oath and official term. 
 
 277. Vacancies — how filled. 
 
 278. Vacancies need not be filled — when. 
 
 279. Persons elected to fill vacancies. 
 
 280. Persons eligible. 
 
 281. Number necessary to liold Court. 
 
 Sectiox. 
 
 282. When Justices are equally divided. 
 
 283. Their disability, privilege, &c. 
 
 284. "When a majority are interested. 
 
 285. Jurisdiction in civil cases. 
 
 286. In relation to county property, etc. 
 
 287. Other powers and duties of Court. 
 
PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 65 
 
 Article 1. — The Inferior Court and its Justices. 
 
 ■ — 1 — 
 
 $>2TG. The presidino; officers of the Inferior Court consist ofxu")bcr, 
 
 . ^ 1 ^ i, T • /» 1 T ,• • /-I til oK-ction, of- 
 
 tive persons, styled the "Justices oi the inierior Court, who are fl«iai term 
 , ■' 1 . T • • . , . "ifi oatii of 
 
 elected bv the peoi)le ot their respective counties, at the times, •'"slices or 
 
 f • , . . -11 11 ' the Inferior 
 
 and in the manner lierematter prescribed, ami who hold their of- court, 
 lices for four years, unless sooner removed in the manner pre- 
 scribed by the Constitution. Before entering on the duties of 
 their office, they must take the oaths required of all civil officers, 
 and in addition the oath taken by tlic Judges of the Superior 
 Com'ts. 
 
 S277. When a vacancy occurs, any two or more of said Jus- vacancies— 
 
 . ••! ., ,.. ,.. how tilled. 
 
 tices, and one, it only one in the county qualihes, and it not one, 
 then the Ordinary of the County shall order an election as pre- 
 scribed in the case of a vacancy in the Clerkship of the Superior 
 Court. 
 
 §278. If there are as many as three of said Justices in com- if as many 
 mission, and in the discharge of their duties, and the vacancy tT((s,'and" 
 takes place not exceeding eight months })rior to the next regular tioli only s 
 
 1 , . ,. It,' ji 1 , ^ .11. months off. 
 
 election lor sucli Justices, there must not l)e any special election. 
 
 §279. The persons elected to till the vacancy, are comniis- Those cicct- 
 sioned for the unexpired terms of the outgoing Justices, and hold candes. 
 their offices accordingly. 
 
 §280. Ko person is eligible to such Justiceship, unless he has who are eii- 
 been a resident citizen of the county in which he is to preside for ^'^''"' 
 at least one year next preceding his qualiiication. Persons elected 
 Justices of such Court, cannot practice law therein, directlv nor'^"^'^''^*'*''-'*"- 
 
 ^ ' - not practice 
 
 indirectly. '^w. 
 
 §281. Xot less than three of such Justices can hold a Court, what num- 
 and when three preside it recpiires the concurrence of two to ('ourtTn'o'''^ 
 make a judgment. AVlien more than three preside, there must tious!'' '^"''" 
 be a concurrence of three. 
 
 §282. When four of said Justices preside, and are equally di- when cquai- 
 vided in their opinions, the question or case on which it arises jpfiiuin^h!" 
 must be postponed until the fifth Justice can preside, or until tliCovt^;.*^'"'^'* 
 next term of the (burt. 
 
 .§283. They are disqualified from holding any other county Their disa- 
 office, but are eligible as members of the General Assembly, to leye^an"^'" 
 
 • Ti 02 1 i i» • •!• • 1 , exemptions. 
 
 military offices, and are exempt trom jury, militui, and patrol 
 duty. 
 
 §284. Suits cannot be entertained by such Justices where a ^^.^/;',!"n,a- 
 majority of their number are interested, and in such, and in all^lSdVo"' 
 cases, where such majority are disqualified, suits must be brought rlor coS"' 
 5 
 
66 PT. 1.— TIT. 5.— CHAP. 4.— Judicial Department. 
 
 Article 1. — The Inferior Court and its Justices. 
 
 in the Superior Court, but if brought before said Justices tliey 
 do not abate, and there may be an appeal to the Superior Court 
 asjii other cases. ^ 
 
 iSSe" f §285. The Inferior Courts have authority— 
 
 1. To exercise jurisdiction concurrent with the Superior Court 
 fin all civil cases, except those respecting titles to land and those 
 ^ [requiring equity jurisdiction or equity proceedings. 
 
 •>L May change 9. To excrcisc coiicurreut iurisdiction with said Court like- 
 
 Y names, logit- _ ... 
 
 \ V sons and"^' '^'isc, in changing names, legitimating persons and granting cer- 
 ^ Mrationr""' ^aiu incorporations ; in establishing copies of lost documents, in 
 ^ ' compelling the production of books or other w^ritings, and in other 
 
 V '- cases when in like manner conferred. 
 
 Powers— 3, To excrcisc within their iurisdiction all the power and au- 
 
 how regula- t c^ • r^ 
 
 t«'- thority granted to the Superior Courts, and to l)e governed by 
 
 ^ I the same rules whenever applicable. 
 Extent of ju! 4- To cxcrcise jurisdiction in all cases or matters granted to 
 risdiction. ^ij^gj^ specially, and which do not, by the Constitution, belong to 
 
 some other tribunal exclusively. 
 May punish "'^ 5. To puiiish for coiitcmpt by fines not exceeding hfty dollars, 
 
 contempts. . . , t i± ^ 
 
 or imprisonment not exceeding live days. 
 Exclusive 8 286. To excrcisc original and exclusive iurisdiction, when sit- 
 
 jurladiction. ^ *- i _r> n • i • 
 
 ting for county purposes, over the lollowmg subject matters, viz : 
 Astocoun- 1. In directing and controlling all the property of the county 
 y proper y. ^^ ^^^^ ^^^^ dccm expedient according to law. 
 
 As to county 2. In levying a general tax for general, and a special tax for 
 ^^^^' particular, county purposes, according to the provisions of this 
 
 Code. 
 As to Roads, 3. In establishing, altering, or abolishing all roads, bridges and 
 
 Bridges, and ^ , ""^ -. *■ 
 
 Ferries. ferrics in conformity to law. 
 
 As to Chang- 4. Ill establishing and changing election precincts and militia 
 
 ing election . . 
 precincts. dlStriCtS. 
 
 As to vacan- 5. Ill suppWiug by appointment all vacancies in county offices, 
 
 cies in coun- , , . i . j2n .i 
 
 ty offices, and 111 ordering elections to nil them. 
 
 As to claims 6. In examining, settling, and allowing all claims against the 
 
 against the . 
 
 county. county. 
 
 As to ac- 7. In examining and auditing the accounts of all officers hav- 
 
 nanciai° ing tlic care, management, keeping collection or disbursement of 
 cers'! ^ ** money belonging to the county, or appropriated for its use and 
 
 benefit, and in bringing them to a settlement. 
 As to the S. In making such rules and regulations for the support of the 
 
 county poor. ^^^^. ^^ ^^^^ ^^^^^^^^ f^^. county poKcc and patrol, for the promo- 
 
PT. 1.— TIT. 5.— CHAP. 4.— Judicial DEPAK-mENT. 67 
 
 nJ 
 
 Article 1. — The Inferior Court and its Justices. 
 
 tion of health and quarantine, as are granted bv law, or not in- 
 consistent therewith. 
 
 9. Li regulating peddling and fixing the costs of license there- a» to pea- 
 
 ,. ' Uling. 
 
 tor. 
 
 / § 287. The Justices of the Inferior Court have authority, viz : Jwuecs 
 / 1. lo issue and determine on writs ot naoeus corpus m the ab- and dceid» 
 sence oi the Judge ot the bu])erior Court. ;"'*• 
 
 2. To issue attachments returnable to the Superior, Inferior, Mny issua 
 ■ or Justices Courts, to grant orders for tlie foreclosure of Mortgagees ForcdX" 
 i I on personal property, and lor hail m actions eor delicto^ and to <m personal 
 
 hear and determine upon questions of ])ossession of person alp-ant biii in 
 
 \ suits ex de- 
 
 I j)ropeTty. ueto, &c. 
 
 s^ 1 3. To exercise separately the same powers in all criminal mat- xiay hoar 
 ^ / ters, as are by law vested in Justices of the Peace, with the con- >^'immu. 
 s? I dition that in all capital cases three must ]>reside on the commit- 
 J \ ting trial. 
 
 4. To sit at any time as a Court for county ])urposes, and for Ma)- sit at 
 the exercise ot any power tJiey possess as Justices, as a ^?/rt^s'? tounty pur- 
 corporation, contradistinguished from their power as a Court. 
 
 5. To api^oint any person to discharj^e any trust authorized bv M»y appoint 
 their powers, where no other person is designated by law, and to 
 regulate his compensation, and to take bond and security. 
 
 (). To attest deeds and other written instruments for register. Attest deeds 
 
 7. To approve of all official bonds required of them by law Approve 
 and sent them by the Governor with the dedhfius, to qualify ** 
 such officers and to deliver them their commissions. 
 
 8. To act as members of the Board of Education of their re- May acta, 
 spective counties. itlmn, 
 
 9. To exercise such otlier powers as are granted by law or are and exercis« 
 indispensable to their jurisdiction. ers"^""" 
 
 AKTICLE II. 
 
 THE CLERKS OF THE INFERIOR COURTS. 
 
 Section. 
 
 288. Election, qualification, itc. 
 
 289. Vacancies — how filled. 
 
 290. Oath, bond, etc. 
 
 Section. 
 
 291. May appoint a deputy. 
 
 292. Duties enumerated. 
 
 293. His compensation m certain cases. 
 
 § 288. The Clerks of the Inferior Courts are elected, qualified, tfrm*i,7\fftl^ 
 commissioned, hold their offices and are removed as the Clerks of '"• 
 the Superior Courts are. 
 
68 PT. 1.— TIT. 5.— CHAP. 4.— Judicial DEPAimiENX. 
 
 Article 2. — The Clerks of the Inferior Courts. 
 
 .fee 
 
 (Itputy. 
 
 Clerk : 
 
 To attend 
 Court, 
 
 Vacancies— 8 289. Vacaiicies are supplied as they are in the offices of the 
 
 how filled. ^, , , „ • r^ i ^ t • ,- i -r 
 
 Clerks ot tlie Superior Courts, except that the Justices oi the in- 
 ferior Courts appoint in the particuhir cases Avliere the Judges of 
 the Superior Courts ap})oint, and Avlici'c the contingency hap- 
 pens mentioned in section number 255, the duties devolve upon 
 the Clerks of the Superior Courts, if any, and if none, then as 
 provided for in said section. 
 
 Oath, bomi, § 290. The Clerks of the Inferior Courts take the same oaths 
 and give the same bond as the Clerks of the Superior Courts, and 
 are removable in the same manner. 
 
 May appoint §^91. Tlicy may appoint deputies and require bonds of them 
 and are otherwise under the same disabilities — are subject to the 
 same rules and regulations, and must perform the same duties as 
 the Clerks of the Superior Courts do for their Courts, whenever 
 applicable to the Inferior Court and there is no provision to the 
 contrary. 
 
 Duties of § 292. In addition, it is their duty — 
 
 1. To attend all sessions of said Court, and all sessions of said 
 Justices on county business and keep fair and regular minutes of 
 their proceedings. 
 
 Give notice 2. Upon the request of any one of them, to notify the Justices 
 
 sessions, of tlic Inferior Court of the time and cause of every special ses- 
 sion. 
 
 Keep dock- 3. To kccp all tlic dockcts, books, indexes and files required of 
 
 book" ^'^''''^the Clerks of the Superior Courts (except the equity, appeal, 
 criminal and certiorari dockets, and the books for the record of 
 deeds, mortgages, and bills of sale) and in the same manner. 
 
 To keep 4. To keep a well bound book, in which must be entered a 
 
 books of olti- .Til/' ,1. 
 
 ciai bonds, copy of tlic boiids of couiity ofncers. 
 
 BookofCon- 5. To keep other books, in which must be kept the records of 
 
 retaikM-s"'^ all coustablcs bonds, and in the other the oaths and bonds of all 
 
 oaths! ''"' persons who obtain permission to sell spirituous liquors. 
 
 To keep G. To keep a book for entering marks, brands and estrays, and 
 
 marks' and a book for the registry of the names, descriptions and oaths of 
 
 licensed peddlers. 
 To enter all 7. To outcr Oil tlic minutcs the items of all accounts allowed 
 wd?**"'" by the Justices of the Inferior Court, as well as the order for 
 
 their payment. 
 ,, , 8. To keep a book in which shall be entered all sums received 
 
 To keep ac- -L 
 
 moQiefi-e- ^Y theiii Oil accouut of the county and paid to the Treasurer, 
 'aidtu't,"'^ and for what special fund, if any. 
 
l^T. 1. — TIT. 5.-— CHAP. 4. — Judicial Department. 69 
 
 Article 2.— The Clerks of the Inferior Courts. 
 
 9. To transmit to tlie Clerk of the Superior Courts, all appeal. To transmit 
 
 ... - ' '11? appeals. 
 
 cerU&rari, and otJier papers of wliicli the 8u])eri<.r Court ohtains 
 jnrisdiction, 
 
 10. To perform such other duties as are or may he required ofotiurdu- 
 them hy law, or as are indispensahle to those required. 
 
 §293. For the services tliey are required to perform for the ^<^mpcnM- 
 Justiees of the Inferior Court on account of their counties, for ta*?" senT-' " 
 which no fees are specially provided, they shall receive an annu-^'* 
 al salary to he fixed hy such Justices at the close of each year, to 
 he regulated hy the services performed and the means of the 
 county, which shall he not less than fifty nor more than two hun- 
 dred dollars. 
 
 CHAPTER V. 
 
 ORPINATUKS. 
 
 Article 1. The Ordinaries and their Courts. 
 
 Article 2. The Ordinaries as Clerks. 
 
 Artk-le 8. The Ordinaries as School Commissioners, etc. 
 
 AETKTE I. 
 
 TKK ORDINARIES AND TIIKIR COURTS. 
 
 Section. | Section. 
 
 294. Name and style of the Ordinary. | .-{04. Who takes Administration. 
 
 295. His election and term of office. 305. Where Ordniary's office must be kept. 
 29G. His oath of office. 306. Jurisdiction & powers of his Court. 
 297. His bond. j 307. May punish for contempt. Ac. 
 "98. Vacancies— how filled. 308. May grant Administration— when. 
 
 299. Ordinaries elected to fill vacancies. 
 
 300. Must complete unfinished business. 
 30L When Ordinary is disqualified. 
 
 302. Eligibility .t disabilities of Ordinary 
 
 303. His trust as Executor. Adm'r., kc. 
 
 309. Administration in certain cases. 
 .310. Must report estates unrepresented. 
 
 311. Failing to account as E.\ecutors, kc. 
 
 312. Cannot i)ractice law in his own Court. 
 
 if Ol- 
 
 §204. Tlie Court estahlished pursuant to the amended Coiisti-Na">o an,i 
 tution, approved the second time Decemher 5th, 1851 has the'>~U'" 
 name and style of the Court of Ordinary, and the incumhent '"'^ '""" 
 thereof has the name and style of the Ordinarv. 
 
 ^295. The Ordinaries are elected hy the people of their re-Ei«..io„..„,i 
 spective counties, at the time and in the manner hereinafter pre- Ir ^"' ^■'■ 
 scrihed, who hold their ofiices for four years, unless sooner re- 
 moved m the manner i)rescrihed by laM". 
 
70 FT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 
 
 Article 1. — The Ordinaries and their Courts. 
 
 Oath. § 296. Before entering on the duties of tlieir offices tliey must 
 take and file tlie oatlis required of all civil officers, and in addi- 
 tion, the following oath: "I do swear that I will well and faith- 
 fully discharge the duties of Ordinary for the county of dur- 
 ing my continuance in office according to law, to the best of my 
 knowledge and al)ility, without favor or affection to any party, 
 and that I will only receive my legal fees. So help me God." 
 
 Bond. § 2^'^- They must also give bond and surety, in the sum of 
 
 $1,000, for the faithful discharge of their duties as Clerks of the 
 Ordinary. 
 
 Vacancy— S 298. Whcii a vacaiicv occurs in the Ordinary there shall be 
 
 hovr filled. '^ . ^ i V • . 
 
 an election to supply the same, ordered by the Justices of the 
 
 Inferior Court, in the same manner as for Clerk of the Superior 
 
 Court, and until the same is filled the Clerk of the Superior Court 
 
 shall perform all the duties which the Ordinary could perform as 
 
 Clerk, and no more. 
 
 Term of Or- § ^99. Tlic pcrsoii elcctcd to supply the vacancy must be com- 
 
 •d'to^fiii va- missioned for the unexpired term, unless it does not exceed three 
 
 *^'^^' months from the time the election can be ordered and held, if 
 
 so there must not be any special election. 
 Citations &c. §300. All citatious, and other unfinished proceedings of the 
 edrfbysuc-foi'iner Ordinary must be disposed of l)y the successor as though 
 
 tliere had been no vacancy. 
 Proceedings § 301. Wlicn tlic Ordinary is disqualified, the proceedings shall 
 nary'^is dis- be Carried as though by consent of parties, by appeal, to the Su- 
 perior Court, and in the mean time temporary letters shall issue, 
 or other legal means used, if necessary, to preserve the estate. 
 Eligibility §302. The eligibility and disabilities of the Ordinary, aside 
 ties of^ordi- IVom tlic Constitutioii, are the same as the Clerks of the Su- 
 
 nary, 
 
 perior Courts for their offices, with the addition that they can- 
 not, during their terms of office, be executors, administrators, 
 or guardians, or other agent of a fiduciary nature required to 
 account to their Courts, but they may be administrators, guar- 
 dians or executors in cases where the jurisdiction belongs to 
 another county, or where in special cases they may be allowed 
 by law and required to account to the Ordinary of another 
 county. 
 His trust as § 303. When any person holding such trusts are elected Ordi- 
 Acrabates narics tlicir letters and powers (immediately) abate on their 
 
 on his eloo- i • r; . • 
 
 tion. quanncation. 
 
 § 304. When the Ordinary is also the Clerk of the Superior 
 
PT. 1. — TIT. 5. — CHAP. 5. — Judicial Depaiitment. 71 
 
 Article 1. — The Ordinaries and their Courts. 
 
 Court, and there is no public administrator, or other person upon ^^°^t?^i^^^» 
 whom the law casts the administration of unrepresented estates, IJ^J^^^;;^'!^"^^ 
 sucli administrations are cast upon the Clerks of Inferior Courts, j^s^cierk^^^; 
 unless they too are Ordinaries, in which last event the Sheriffs 
 of the several counties must become such administrators. 
 
 ^305. Tlif Ordinaries must keei) their offices at the place and whore his 
 
 " ^ *■ oiiico must 
 
 in the manner prescribed for Clerks of the Superior Courts, and I'c kept, 
 must hold their Courts at the place prescribed for the Superior 
 Courts, or in their offices. 
 
 §306. Courts of Ordinarv have authority to exercise orii^inal, -TuHsdiction 
 
 o • ... andpowiTof 
 
 exclusive and general jurisdiction of the following subject mat- [^'^.'^Ynw/ 
 ter: 
 
 1. Probate of Wills. 
 
 2. The o;rantin<r of letters testamentarv of administration, 
 and the repeal or revocation of the same. 
 
 3. Of all controversies in relation to the right of executorship 
 or administration. 
 
 4. The sale and disposition of the real and slave property be- 
 longing to, and the distribution of deceased persons estates. 
 
 5. The appointment and removal of guardians for minors and 
 l>ersons of unsound mind and free persons of color. 
 
 <>. All controversies as to the right of guardianship. 
 
 7. The auditing and passing the returns of all executors, ad- 
 ministrators and guardians. 
 
 8. The discharge of former, and the requiring of new surety, 
 from administrators and guardians. 
 
 li. The l)inding out of orphans and apprentices, and all con- 
 troversies between master and apprentice. 
 
 10. The issuing commissions of lunacy in conformity to law. 
 
 11. Of all such other nuitters and tilings as appertain or relate 
 to estates of deceased persons and to idiots, lunatics and insane 
 persons, and free persons of color. 
 
 12. Of all such matters as may be conferred on them by the 
 Constitution and Laws. 
 
 § 307. Such Courts may issue rules and attachments for con- May punish 
 tempts offered the Court, or its process, by any executor, admin- amuufwce 
 istrator, guardian or other person, and may punish the same by airorderg. 
 lines as high as lifty dollars, or imprisonment not exceeding five 
 days (one or both.) 
 
 §30S. The Ordinary can grant administration upon no person's 
 e»tate who was not a resident of the county where the applica- 
 
72 PT. I.— TIT. 5.— CHxVP. 5.— Judicial Depaetment. 
 
 Article 1. — The Ordinaries and their Courts. 
 
 In what tion is made at the time of his death, or beino: a non-resident of 
 
 cases Ordi- ' ~ 
 
 nary may tlie State has proportv in said county or a bona fide cause ot 
 
 Srantaduiin- _ . 
 
 istratiou. actioii ag'ainst some person tlierein. 
 
 inivhat §309. AVhen such non-resident deceased persons have such 
 
 county ad- , .... 
 
 ministra- property, or such cause ot action in more than one county, such 
 
 tion may hts ' -, . , , , , " 
 
 granted. letters may be granted in either county, and tlie Ordinary first 
 
 granting them acquires cxchisiye jurisdiction. 
 Must report §310. Such Ordinaries shall at each term of the Superior 
 
 estates un- /-^ , , 
 
 represented. Courts of their respective counties report to the presiding Judge 
 the estates in their hands unrepresented together ^yith their con- 
 dition. 
 
 FaiiinRto §311. If auv Ordinary fails to faithfully account as executor, 
 
 account as , . . ' t /> t • '^ r t 
 
 executor, administrator or guardian, after bccommfr such Ordinary, which 
 
 &c., makes i i i i i • • 
 
 himineiigi- ti'usts he held at the time of his election, he is inelio-ible to a re- 
 
 ble to re- . . o 
 
 election. elcCtlOll. 
 
 cannotprac- §312. Ko Ordinary sliall engage directly or indirectly in the 
 
 tice law in , • j? i • i • • *" 'i i> i 
 
 his own practice ot law in his own or m the name ot another, as a part- 
 ner, open or silent, or otherwise, m any cause or proceeding m 
 his own Court, or in another Court, of which his Court has, or 
 has had, or may haye jurisdiction. 
 
 ARTICLE II. 
 
 THP] ORDINARIES AS CLERKS. 
 
 Section'. | Section. 
 
 313. Ordinaries may appoint Clerks. j 315. The Ordinary may require bond, A'o. 
 
 314. Powers of such Clerks. j 316. Special duties of the Clerk. 
 
 Ordinaries §313. The Oi'diuari OS are, bv yii'tuo of their offices. Clerks of 
 
 are Clerks of,,. ^-^ ii"^ i- • i_ 
 
 their own tlicir owu Courts, but tlicy may, at their own expense, appoint 
 one or more Clerks for whose conduct they are responsible, who 
 hold their offices at the pleasure of such Ordinary. 
 
 Powers of §314. Such appointed Clerks may do all acts the Ordinaries 
 
 Clerk and " ■'■ -^ 
 
 Ordinary, could, iiot Judicial in their nature. 
 
 May give §315. When Clerks are thus appointed, before entering on the 
 
 duties of their offices, they may giye to the Ordinary a bond and 
 
 security in the sum of one thousand dollars. 
 The duties §31<3. It is the duty of such Clerks, or the Ordinaries acting as 
 
 of the Clerk i 
 
 of the Court SUCH 
 
 r marj. ^^ rp^ issuc all citatioiis required by law. 
 
 2. To grant temporary letters of Administration. 
 
 3, To grant marriage licenses. 
 
FT. 1. — TIT. 5.— CHAP. 5. — Judicial Depaktment. 
 Article 2. — The Ordinaries as Clerks. 
 
 4. To issue allji.fas. for costs on all judgments of the Ordi- 
 nary or other process necessary to enforce them. 
 
 5. To issue subpoenas for witnesses, and all similar process for 
 ripening a trial. 
 
 6. To issue any paper or ])rf)('ess by order of the Ordinary, and 
 bearino; test in his name as other Clerks. 
 
 7. To keep fair and regular minutes of eacli session of the 
 ■Court, entered in a well bound book, and such other services du- 
 ring term time, as the Ordinaries may require. 
 
 8. To keep in their offices other suitabk^ l)ooks for the follow- uooks to be 
 
 kept in the 
 
 mg purposes, viz : office of the 
 
 11 1 ,' 1 1 i« Ml Ordinary. 
 
 A book tor the record oi wills. 
 
 Another for the record of all letters of Administration and 
 Ouardiansliip. 
 
 Another for the record of all bonds given by Administrators 
 and Guardians. 
 
 Anotlier for the record of all appraisements, inventories and 
 schedules. 
 
 Anotlier for the record of all accounts of sales. 
 
 Another for tlie record of all accounts current, authorized to 
 be made to tlie Ordinary, togetlier with the vouchers accompa- 
 nying the same. 
 
 Another for the record of all marriage licenses, and the returns 
 thereon. 
 
 Another as a docket in which to enter all applications, and 
 other proceedings in the order they are made, and which shall be 
 called in like order at each session. 
 
 Anotlier for the record of all official bonds required to be re- 
 corded in the ( )rdinary's office. 
 
 Another for the registry of all free persons of color. 
 
 0. To procure and preserve, for public inspection, a complete 
 iile of all newspapers in which their advertisements appear, as 
 the Clerks of the Superior Court are required. 
 
 10. To keep their books and papers arranged, filed and labeled 
 and indexed as said Clerks are required. 
 
 11. To give transcripts likeM'ise as they are required, and when 
 the Ordinary and the Clerk are the same person, so to state in 
 the certificates. 
 
 12. To perform any other duty required of them ])y law, or 
 ■whicli is indispensable to those required. 
 
74 PT. 1.— TIT. 5.— CHAP. 5.— Judicial Department. 
 
 Article 3. — The Ordinaries as School Commissioners. 
 
 AKTICLE III. 
 
 TIIK ORDINARIES AS SCHOOL COMMISSIONERS. 
 
 Sbctiox. ISectiox. 
 
 311. Ordinaries are scliool commis.sioners. I 319. Special duties of the Ordinary. 
 .318. Shall ^dvo additional bond. 
 
 Ordinaries §317. The OrdiiiaHes are, 1)V virtue of tlieir offices, School 
 
 are .School ^^ . . ' .• ' 
 
 commis- Ooniiiiissioners, members of the Board of Education, and Treas- 
 
 urers thereof for their respective counties, 
 fldditiotid §^^^- Before entering on tlie duties of their offices, i'n addi- 
 oath. tion to the oath and bond already prescribed, they shall take an 
 
 oath, " faithfully to discharge all the duties imposed upon them 
 as such, and to faithfully apply and account for all money com- 
 ing to their hands in said capacity," and shall also give bond and 
 Shall give surety, payable to, and ajjproved by the Justices of the Infe- 
 bond.'"°^ i'i<jr Court, in double the sum of the whole School Fund, arising 
 from all sources, conditioned for the faithful discharge of their 
 duties, and application of, and accounting for said fund for the 
 purposes, and in the manner prescribed by law, as Treasurer of 
 boni^ "^^ said Board of Education, which oath and bond shall be entered, 
 ed,&c?° *"^ filed and recorded as his other oaths and bonds are, 
 §319. It is their duty in said capacities — 
 
 Special du- -l rn , i . t . ■, ^ 11 
 
 ties of the 1. 10 enter yearly, as soon as received, m a book to be kept 
 
 Ordinary , ^ j 7 : j. 
 
 &c. ' for that purpose, the names of all cliildren entitled to the benefit 
 
 of the School Fund. 
 Must attend 2. To attciid tlic sessious of tlie Board of Edu(;ation, and once 
 
 meetings of , ' 
 
 the Board of 111 each vcar to report to tliem the (condition of the funds in their 
 
 Education. - -t 
 
 hands ; the amounts due teachers ; the probable revenues and ne- 
 cessities for the current year. 
 iiisreporttc 3. To lav Said reports before tlie first Grand Juries of tlieir re- 
 
 the Grand •"•in 
 
 Jury. spective counties at the first session thereafter, and to each suc- 
 
 cessive Grand Jury, until action is had thereon, together with 
 the action of said Board of Education, and specially to inform 
 said jury of the number of children entitled to the benefit of the 
 School Fund, and the amount of funds on hand after paying 
 teachers for the previous years, aside from what may be raised 
 from county taxation. 
 
 Mustkepi) 4. To keep full and fair accounts of all his recei])ts and dis- 
 
 an account /- i 
 
 of recdpts bursements in a well bound book, kept for that purpose, showing 
 
 bursements. the different amounts received, when received, and from what 
 
 source and to whom, when paid and for what purpose, which 
 
PT. 1.— TIT. 5.— CIIAP. 5.— Judicial Depaktment. 75 
 
 Article 3. — The Ordinaries as School Commissioners. 
 
 shall be laid before the Grand Jury for their inspection whenever 
 they require it. 
 
 5. To pay teachers of such children, and any other charge on Must pay 
 such fund, in the manner prescribed by law, and said Board of ^^'^ '"^' 
 Education taking and filing proper vouchers for ihe same. 
 
 G. To keep by themselves, or their Clerks, (if any,) the min- Must keep 
 utes of said Board of Education in a book to be kept for that of the Edu- 
 purpose, which shall be deposited in their offices for public in- Board, 
 spection. 
 
 7. To issue, in sucli capacity, any order or process such Board ordersof the 
 
 Board. 
 
 may require. 
 
 CHAPTER YI. 
 
 SHERIFFS AND THEIR DEPUTIES. 
 
 Section. 
 
 331. The Sheriff is Jailor. 
 
 332. Jailors must take an oath. 
 
 333. Bond and oath must bo recorded. 
 
 334. Jailors bound to receive prisoners. 
 
 335. Sheriff liable for acts of deputy. 
 
 336. Sheriff's duty in executing orders. 
 
 337. His book of entries when filled. 
 
 338. Cannot purchase at his own sale. 
 
 339. When allowed fees. 
 
 Prctiox. 
 
 320. Sheriffs — how elected. 
 
 321. A surety for Tax Collector. 
 
 322. Vacancies in the office of Slieriff. 
 
 323. His oath of office. 
 
 324. Must give bofad. 
 
 325. Bond to be examined. 
 32G. His bond — where recorded. 
 
 327. Judge of the Court may examine. 
 
 328. When a Sheriff is succeeded. 
 
 329. Sheriff's office— where to be kept, j 340. DeHuilting Sheriffs. 
 
 330. May appoint deputies. 
 
 § 320. The Sheriffs are elected, qualified, commissioned, hold how dl^ea 
 tlieir ofiices for the same term, and are sul)ject to the same disa- oIll^anT^'^' 
 bilities as the Clerks of the Superior Courts. iee™ " 
 
 §321. A security for any Tax Collector, or other bolder of Di^^^^^^Jlf^, 
 public money is ineligible to the office of Sheriff, until all moii- o"^'=*^- 
 ies for wliich he is bound shall have been paid to the proper au- 
 
 tliority. 
 
 § 320. Vacancies are filled, and the alter proceedings are as in ^*^^if/<j*~ 
 case of vacancies in Clerks of the Superior Courts, except that 
 in case there is a faihire to appoint, as set forth in section 257, 
 the Coroner of the county shall act as Sheriff', and if there is no 
 Coroner the Ordinary shall make a temporary appointment, and 
 on failure of both, the Sheriff of any adjoining county is author- 
 ized to act as Sheriff' until the Justices of the Inferior Court 
 shall make their appointment or there is an election. 
 
^^ PT. 1. — TIT. 5. — JroiciAL Depaktment. 
 
 Chapter 6. — The Sheriffs and their Deputiep. 
 
 i«s oath of § 323, Before entering on the duties of their office thcv shall 
 
 omce. '-' t, 
 
 take and subscribe, beside the oatli of all civil officers, the fol- 
 lowing oath, before the Judge of the Superior Court or Justices 
 of the Inferior Court, viz : "I do swear that I will faithfully exe- 
 cute all writs, warrants, precepts and process directed to me as 
 Sheriff of this county, or which are directed to all Sherilfs of this 
 State, or to any other Sheriff specially, I can lawfully execute, 
 and true returns make, and in all things well and truly, and 
 without malice or partiality, perform the duties of the office of 
 
 Sheriff of county, during my continuance therein aiid take 
 
 only my lawful fees. So help me God." 
 
 Must give §324. They shall also give a l)ond with at least two sureties, 
 in the sum of twenty thousand dollars, (unless changed to a 
 less or greater amount by local acts now in force or hereafter to 
 be enacted,) conditioned for the faithful performance of their du- 
 ties as Sheriffs, by themselves, their deputies, and their Jailors, 
 and upon the terms required by law. 
 
 His bond- §325. Such bonds shall be approved by three Justices of the 
 
 by whom to y ,, . ^^ p t 
 
 be examined Interior Court of the county, and then deposited in the office of 
 
 and approv- , ^, t e> -i r^ 
 
 ed. the Clerk of the Superior Court, until the first session of that 
 
 Court thereafter, when the presiding Judge shall examine said 
 bonds, and if taken in conformity to the law, and the sureties 
 are sufficient, so declare by order and have them spread upon the 
 minutes of tlie Court, and if it has not been so taken they shall 
 give another bond, whicli said Judge is authorized to take and 
 have entered on said minutes. 
 
 Such bond to §326. When said bonds are thus approved bv the Justices of 
 
 be recorded ■, -r . "^ 
 
 and deposit- the Inferior Court, and before deposited in said office, they shall 
 be recorded in the office of the Clerk of the Inferior Court, and 
 after being passed upon by the Judge of the Superior Court, 
 shall be returned to the office of said Clerk of the Inferior Coui*t 
 and by him filed, and if the Judge of the Superior Court com- 
 pels said Sheriff to give a new bond, after having been a})proved 
 and entered on the minutes, it shall be filed in the office of the 
 Clerk of the Inferior Court and be recorded therein without fmv 
 tlier ai^proval. 
 
 Judge of su- §327. If a term of the Superior Court is held in the county 
 
 penor Court , -^ •' 
 
 may exam- bcforc tlic Justiccs of tlic Inferior Court shall have aT)pr<)ved the 
 
 ine said bond -i- i 
 
 instanc^e^in ^^^^^'^^''^ bond, the Judgc of the Superior Court may do so in the 
 
 certain cases, first instance, being careful to take the opinion of such Justices, 
 
 or a part of theui, or the Ordinary, as to the solvency and sufUcien- 
 
PT. 1. — TIT. 5. — Judicial Depaktment. 77 
 
 Chapter 6.— The Sheriffs and their Deputies. 
 
 cy of tlie sureties, and having so approved the other proceedings 
 are as liereinafter set fortli. 
 
 §aL>S. W]ien a Sheriff's deputy is the succeeding JSheriii" the wi.en a 
 sureties must be essentially Viitterent from those on such Sheriff's fuccefdld 
 
 bond. I'V his depu- 
 
 ty. 
 
 § 'S'2d. Sheriffs must keep their offices at the same place and on sheriff's of- 
 tlie same terms as Clerks of the Superior Court are required. ''"' 
 
 §a;^(). They are authorized, in their discretion, to appoint one M»y appoint 
 or more deputies, from whom they must take a bond with sure- '"^'^"'^' 
 ties. 
 
 §331. They are, by virtue of their offices. Jailors of the conn- Mav appoint 
 ties, and have the appointment of Jailors, subject to the super- '''''^"'■'• 
 vision of the Inferior Court, as prescribed in tliis Code. 
 
 §332. Before entering on tlie duties of their office, such Jail-.T.iiorsmust 
 ors must give to the Sheriff bond and surety for the sum of one i:,dyivo""' 
 thousand dollars, conditioned for the faithful performance of their ^'""''• 
 duties as Jailors, and shall take and subscribe before some one of 
 the Justices of the Inferior Court of the county the following 
 oath, viz: "I do swear that I will well and truly do and perform^ 
 
 all and singular, the duties of Jailor for the county of , and Form of his 
 
 that I will humanely treat prisoners who may be brought to the*"""'' 
 jail, of which I am keeper, and not suffer them to escape by any 
 negligence or inattention of mine. So help me God.'' 
 
 §333. Such bond and oath must be tiled and recorded as those Bond ami 
 of a Sherift*'s deputy. oath must be 
 
 r ",] roeorilediind 
 
 §334. It shall be the duty of the keepers of the several jails Sirs 
 withm this State to receive into their respective iails, and safely cirje^sons 
 keep therein, all prisoners committed under the authority of the 3."™ 
 Confederate States, under the like penalties and subject to the thrcJnflde- 
 same action as m the case of prisoners committed under the au- '"'' "'"*''• 
 thority of this State. 
 
 §335. Sheriffs are liable for the inisconduct of the Jailor as sheriffs lia- 
 they are luible lor tlieir deputies, and persons injured bv the Jail-ml'scm^duct 
 or have the same option in suing the Jailor's bond that'they have and Ss 
 in suing the deputy's bond. 
 
 § 336. It is the duty of the Sheriff"— 
 
 1. To execute and return the process and orders of the Courts „i,„„ty. in 
 ot record of this State, and of officers of comi)etent authority, if ;;,^;;™'u'e?in.. 
 not void, with due diligence, when delivered to them for that d''rs,Tc ''''"" 
 purpose, according to the provisions of this Code. 
 
 2. To attend upon all sessions, by themselves or deputies, of 
 
^^ PT. 1. — TIT. 5. — Judicial Department. 
 
 Chapter 6. — The Sheriffs and their Deputies. 
 
 ipo^n^r""^ *lie Superior and Inferior Courts of the county, and of the Court 
 
 Courts. ^,|> Ordinary, M'henever required by tlie Ordinary, and never to 
 leave said Courts wliile in session, without tlie presence of one or 
 both of said officers if required, and to attend in like manner at the 
 
 In attending placc of holding an election, at the county site, on the day of an 
 election, from the opening to the closing of the polls, and to take 
 under their charge all under othc^rs })resent, as a police to pre- 
 serve order. 
 
 Shall pnb- 3. To publisli salcs, citations, and other proceedings, as re(piir- 
 
 llSn 8UiC8, Cl" 111 T T »i/»Ti •iTi 
 
 t8tion8,&c. ed by law, and to keep a nle of all newspapers m which their 
 oificial advertisements appear, in the manner required of Clerks 
 of the Superior Courts. 
 
 Keep an 4. To kccp an cxecutiou docket, wherein they must enter a 
 
 execution _ _ y </ 
 
 docket full description of all executions delivered to them, the dates of 
 their delivery, together with all their acts and doings thereon, 
 and have the same ready for use in any Court of their county. 
 '^163?°"'°^ 5. To keep a book, in which shall be entered a record of all 
 sales made by process of Court, or by agreement of parties, un- 
 der the sanction of Court, describing accurately the property and 
 process under which sold, the date of the levy and sale, the pur- 
 chaser and price. 
 and'com-^'^" ^- ^^ rcccive from the preceding Sheriff all unexecuted writs 
 i8hed"bus"i- ^^^ process and to proceed to execute the same ; to carry into ef- 
 decessor.^"^^" f'sct any Icvy or arrest made by a predecessor; to put purchasers 
 into possession, and to make titles to purchasers at his sales, when 
 not done by him. 
 S/ri8on7, '^- To take from preceding Sheriff's custody of the jail and 
 predeceTaor. tlic bodics of sucli persous as are confined therein, with the pre- 
 cept, writ or cause of detention, 
 ^risono™'^^ 8. To furnish prisoners with medical aid, fire and blankets, to 
 flro'^biankets ^6 reimbursed, if necessary, from the County Treasury, and to 
 ^'^ suffer a penalty for neglect as prescribed in this Code. 
 
 jM\*oYnn°of ^- To take all prisoners arrested, or in execution under any 
 flounty'in criminal or civil process to the jail of an adjoining county, or to 
 certain cases ^1^^ jail of somc othcr couuty, wlicu morc accessible, if the jail 
 of the county is in an unsafe condition, under such rules as are 
 prescribed in this Code. 
 
 10. To perform such other duties as are or may be imposed by 
 law, or which necessarily appertains to their offices. 
 
 § 337. All books the Sheriffs are required to keep, after becom- 
 
PT. 1. — TIT. 5. — Judicial Department. 79 
 
 Chapter 6. — The Sheriffs and their Deputies. 
 
 ine; full, must be deposited in the office of the Clerks of the Su- °^« ^«<''^» 
 
 . -A, 1 , 1 . 1 , , when filled 
 
 porior Courts, to be kept as their other nooks of record. ™"?* ^e ^»- 
 
 § 3.38. No Sheriff or deputy, or other officer discharging a simi- cannot vnr- 
 lar duty, will be permitted to purchase any ])roperty whatever atown'X^''' 
 his own sale, upon his own bid nor upon tlie bid of any other 
 person for him, directly or indirectly, and all sucli sales and deeds 
 in pursuance thereof, intended to vest in sucli officer the title to 
 property so purchased, shall be null and void. 
 
 §339. Sheriffs are only entitled to such fees or com])ensation Avhcnaiiow- 
 as the law prescribes, or upon an omission of the law to such thVamol^ 
 reasonable compensation as tlie Court sliall award, and where""'"**'' 
 they use property themselves, or liire it out after lieing levied up- 
 on, they arc not allowed a ]->er diem allowance for diet, and are 
 liable to the proper party for the hire received. 
 
 340. If any Sheriff or deputy fails to comply with the provi- DefmiitinR 
 sions of section 336, he shall be fined for a contemj)t, as the Clerk edfofc ^"" 
 of the Superior Court is in similar cjises. Section 267 also ap- *'°'^*' 
 plies to Sheriffs. 
 
 ' con- 
 
 CHAPTER YII. 
 
 STATE'S ATTORNEYS AND ATTORNEYS AT LAW. 
 Akticle 1. Attorney General. 
 Article 2. Solicitors General. 
 Article 3. Attorneys at Law. 
 
 ARTICLE I. 
 
 ATTORNEY GENERAL. 
 
 Section. i Section. 
 
 341. The Attorney General. | 344. May render service out of Circuit. 
 
 342. Must give bond and surety. I 345. May render service anywhere. 
 
 343. His duties emuneratod. | 
 
 §341. The Solicitor General of the Circuit which embraces Attorney 
 the Seat of Government is, by virtue of his office, the Attorney '"°"'"' 
 General of the State. 
 
 §342. Before entering on the duties of his office, he must give Must ^ive 
 bond and surety satisfactory to the Governor, in the sum ofS"'' 
 ten tliousand dollars, and upon his requisition, must give addi- 
 tional bond wiicnever the pn])lic interest demands. 
 
80 
 
 PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 
 
 Article 1. — The Attorney General. 
 
 Must give 
 his written 
 upinion. 
 
 Prepare con 
 tracts when 
 the State is 
 interested. 
 Attend, on 
 the part of 
 the State, to 
 civil & crim 
 Inal cases. 
 
 His general 
 duty. 
 
 His general 
 duty. 
 
 May bo re- 
 quired to at- 
 tend out of 
 his circuit. 
 
 The services 
 of Attorney 
 General may 
 be required 
 out of his 
 circuit by 
 Comptroller 
 General. 
 
 § 343. It is the duty of the Attorney General — 
 
 1. To give liis opinion in -writing, or otlierwise, on any ques- 
 tion of law connected with the interests of tlie State, or with 
 tlie duties of any of the Dejmrtnients, Avlien required hy tlie 
 Governor, or either of the State House officers. 
 
 2. To prepare all contracts and writings in relation to any 
 matter in which the State is interested, when requested. 
 
 3. To attend, on the i)art of tlie State, to all criminal causes 
 in any of the Circuits, when the Solicitor General thereof is 
 prosecuted, and to all other criminal or civil causes toAvhich the 
 State is a party, when ordered l)y the Governor. 
 
 4. To perform such other duties as are or may he required of 
 him, or which ne('essarily a})pertains to his office. 
 
 §344. When the services of such Attorney General shall be 
 needed in either of the Judicial Circuits the presiding Judge 
 thereof shall notify the Governor, twenty days before, of the 
 time, place and cause, and the Governor may (in his discretion) 
 order the Attorney General to comply, unless the law in the 
 case presented makes it his imperative duty to do so. 
 
 §345. It is in the discretion of the Comptroller General to 
 require the Attorney General, when the services of a Solicitor 
 General are necessary, in collecting or securing any claim of the 
 State, in any part of the State, either to command the services 
 of said Attorney General, in any or all of such cases, or of the 
 Solicitors General in their respective circuits. 
 
 AETICLE IT. 
 
 SOLICITORS GENERAL. 
 
 Section. 
 
 346. Solicitor General. 
 
 347. His oath. 
 
 348. Yaeancy how filled. 
 
 349. His qualifications. 
 
 350. On the same footinj? as the Judge. 
 
 351. His special duties enumerated. 
 
 352. May be ruled as Attorneys. 
 
 353. Failing to attend Court. 
 
 His election § ^^6. Each Superior Court 
 office!'™ ''''licitor General, elected by the 
 
 Section. 
 
 354. May Nol. Pros, indictments. 
 
 355. Penalty for exacting illegal costs. 
 35G. Who must certify such proceedings. 
 
 357. Tampering with Grand Jury. 
 
 358. May be appointed hy the Court. 
 
 359. An Attorney so appointed. 
 
 ! 3G0. Charges against Solicitor General. 
 
 Judicial Circuit must have a So- 
 people thereof respectively, who 
 
PT. 1. — TIT. 5. — CHAP. 7. — Judicial Depaktment. 81 
 
 Article 2. — Solicitors General. 
 
 holds his office four years, unless sooner removed in the manner 
 
 prescribed by the Constitution.* 
 
 §3-i7. Belbre entering on the duties of tlieir offices, beside ms oath. 
 the oaths required of all civil officers, they must in addition take 
 the following, viz : "I do swear that I will faitlifully and im- 
 partially, and without fear, favor or affection, discharge mv 
 duties as Solicitor General, and will take only my laAvful fees of 
 office. So help me God." And must also give such bond and 
 surety as is required of the Solicitor, wlio by virtue of his office 
 is Attorney General. 
 
 §348. Vacancies are tilled, as ])rescribed in cases of the vacancy 
 Judges of the Superior Courts, and the manner of proceeding is^*^^^"^*^- 
 in every respect the same, except that tlie person elected to till 
 the vacancy holds his office only for the unexpired term, and 
 must be so connnissioned. 
 
 § 34-9. No person is eligible to the office of Solicitor General „^^ ^^.g. 
 who has not been a resident citizen of this State five years iust <=-''"o"3- 
 preceding his election or appointment, who shall not have been an 
 inhabitant of the circuit, in which he is to serve one year, prior 
 tliereto; who has not attained the age of twenty-one years, and 
 who has not been duly admitted and licensed to practice law in 
 the Superior Courts of this State for at least three years. 
 
 §350. A person having been appointed, or elected a Sohcitorn *, 
 
 -, ... , On tlie same 
 
 tor any cn-cuit, is on the same tooting of a Judge of the Superior j^^^i"/^! 
 Court, as set forth in Section 236, (as to retainino- his office ") retaining 
 
 ' ^ » yjJ-ixy.'^.j his Circuit. 
 
 §351. Their duties within their respective circuits are— special du- 
 
 1. To attend each session of the Superior Courts, regular or Must attend 
 adjourned, unless excused by the Judge thereof, and remain court"?""°'" 
 until the business of the State is disi)osed of 
 
 2. To attend on the Grand Juries, advise them in relation to ¥"** ""'^"'^ 
 
 /> 1 -1 _ (.iriiiiu Jury, 
 
 matters ot law, and swear and examine witnesses before them. 
 
 3. To administer the oaths the laws require to the Grand and?r"sta(imm- 
 Petit Jurors, to the Bailiffs, or other officers of Court, and '''"^ °"^^'' 
 otherwise to aid the presiding Judge in organizing the Courts 
 
 as he may require. 
 
 4. To draw up all indictm ents, or presentments when re- 
 
 * The amended Constitution provides that the Judges of the Supreme and Superior 
 Courts, the Attorney and Solicitors General, sliall be appointed hy tlie Governor bv 
 and with the advice and consent of two-thirds of the Senate;' but said amended 
 Constitution not yet beiup: ratified the Coditiers do not feel at lihcrtv at itre^cnt to 
 change the law. See appendix. 
 
 6 
 
82 PT. 1.— TIT. 5.— CHAP. 7.— Judicial Depar™ent. 
 
 Article 2. — Solicitors General. 
 
 Mustdraw qnestecl by the Grand Jury, and to prosecute all indictable 
 
 njentsand offenCCS. 
 
 ments. 5_ "ji^^ proseciitc or defend any civil action in the prosecution 
 
 ?ilust prose- /.i-iTo "'•• 1 Ti 
 
 cute or (k- 01- defence of ^vhlch the btate is interested, unless otherwise 
 
 fend wlicn ^ 
 
 the State is specially proyided tor. 
 
 interested. i: * x 
 
 Must attend 6. To attend before the Supreme Court, Avhen any criminal 
 Court. cause is tried, emanating from their respective circuits, argue 
 
 the same, Rud perform any other duty therein, the interest of 
 
 the State may require. 
 Must collect 7. To collect all moneys arising from fines and forfeited re- 
 feitures, and cognizances, all costs on criminal cases, when paid into Court 
 the County before iuderment, and not otherwise ; and at the Fall Term of 
 
 TreoBurer. , ^ , ^ • t ^ n m ^ 
 
 each Court, every year, to settle witli the County Ireasurer, and 
 pay oyer to him all moneys due him, according to law, after a 
 fair and full settlement. 
 Must settle 8. To Settle at the same time with the preceding: Solicitor, 
 
 with the pre- i i • i i 
 
 ceding So- .|iTL(| pay Qvcr to him any moneys collected, to which he may be 
 entitled, and to render to him, whenever required by him, a just 
 statement of the condition of his interests. 
 Must collect 9. To collect all moneys due the State in the hands of any 
 due^thc'^^ escheators, and pay oyer to the Educational fund ; and if neces- 
 iia'nds of sary compel them to pay by rule or order of Court, or other 
 
 escheators. ,/ i. ^ ■ 
 
 lea'al means. 
 Must collect 10. To collect all claims of the State, they may be ordered to 
 
 claims due ./ ,/ . -, . 
 
 the State Jq ijy the Comptroller General, and to remit the same withm 
 
 when or- -^ ■'■ , 
 
 dered by the .j-liirty days aftcr collection; and on the first day in October 
 
 Comptroller J ,.' ^ ' ^ •/ ^ ^ 
 
 General. evcry ycar, to report to him tlie condition of the claims in their 
 hands in fayor of the State, particularly specifying the amounts 
 collected and paid ; from what sources received, and for what 
 purposes ; to whom paid, what claims are unpaid, and why ; what 
 judgments have been obtained, when, and in what Court ; what 
 suits are instituted, in what Courts, and their present progress 
 and future prospects. 
 
 His general 11. To perform sucli otlicr dutics as are, or lanj be required 
 by law, or which necessarily appertain to their office. 
 
 Mayberuied §352. If Solicitor Geiicrals fail to coiuply with the provisions 
 
 at Law.™*^^^ of the preceding section, they are liable to rule, as Attorneys at 
 Law are, with all the penalties and remedies ; and on failure to 
 comply with the terms of a rule absolute, within twenty days 
 from the time it becomes final, it shall be a ground of impeach- 
 ment. 
 
PT. 1.— TIT. 5.— CHAP. 7.— Judicial Depaktment. S3 
 
 Article 2. — Solicitors General. 
 
 §353. If they fail to attend on the Courts of their respective FaiUnB to nt- 
 Circiiits, as required, thev are lialjle to l)e fined, for eacli failure, nawe to bo 
 fifty dollars, to be retained out <»f their salaries. 
 
 §354. They have autliority, on the terms prescril)ed by ^^'v^'.-uaynoiu 
 to enter a noUe prosequi on indictments, and if, in any cases, aJJTcmsljca'' 
 Solicitor General accepts, directly or indirectly, in money, or 
 other valuable thine:, or exacts more than his lawful costs from „ , . 
 
 t" _ ^ ^ Penalty for 
 
 the defendant, or anybodv else, it is a subiect matter of investi- f^cting n- 
 
 ' <J ' .' legal costs. 
 
 gation by the Grand Jury. 
 
 §355. If the Grand Jury i>resents the Solicitor f(»r having so now pro- 
 received more than his lawful costs, he shall be disqualified from agMnst for 
 further discharging his official duties, until a trial shall be liad ^rcos"tf.' " 
 upon an indictment, and if the trial results in a conviction, he 
 shall be fined and imprisoned at the discretion of the Court ; and 
 it is also aground of impeachment. Tlie disqualification con- cnnvidion. 
 tinues until the adjournment of the next session of the General 
 Assembly. 
 
 §356. It shall be the duty of the Clerk of said Court to certify curkshaii 
 immediately such proceedings to the Governor. Governor. 
 
 §357. If they take, or agree to take, from any pei-son, money, penalty for 
 or any other valuable thing, the consideration whereof is a prom- agrccfng to 
 ise or undertaking, to procure, or to try to procure, a finding by or oih^r^"'''^ 
 the Grand Jury of "a bill" or "no bill"' upon an indictment, or va'inf, U) in- 
 to make, or not to make a presentment, or to prolong or procras- Grand ju^ 
 tinate a State case, or an arrest, or to advise it done, or how it liberations. 
 may be done, the penalty and the proceedings are the same as in 
 the two ])receding sections. 
 
 §358. When a Solicitor is absent, or indisposed, or disqualified Thcsoiidtor 
 
 J, .. , i.'i'i • ., General be- 
 
 trom interest or relationsinp to engage m a prosecution, the pre- J"? disquaii- 
 siding Judge must appoint a competent attorney of the Circuit couVt may 
 
 • 1 • 1 1 ,1 supply hi» 
 
 to act m his phice, or he may command the services ot the Soli-P'^^^e- 
 citor of any other Circuit accessible, or he may make a requisi- 
 tion on the Governor for the Attorney General, as the emereencv 
 in his discretion may re(piire. 
 
 §359. An Attorney, acting as such Solicitor, is subiect to alMnA""""- 
 the laws governino; Solicitor Generals ; he is entitled to the same "* '^"'•'^'i"''' 
 
 *^ '- ' is entitled to 
 
 fees for what he does, and incurs the same penalties in the dis-i''*^"'"'' 
 charge of his duties. 
 
 §360. When any person makes affidavit before the Court or 
 Grand Jury, that in his judgment the Solicitor General is guilty 
 of an indictable offence, and that he desires to prosecute him. or 
 
84 PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 
 
 Article 2 — Solicitors General. 
 
 the Grand .lury may present him for such an offence, it is the 
 duty oftlie ( uurt, instanter, to appoint some competent Attor- 
 ney at Law to (h-aw a hill of indictment, and wiicn tliere is a 
 true bill found, or presentment made, to put the Solicitor under 
 recoo^nizance, or in ])rif;on, according to tlie offence, until the ap- 
 pearance of the proper prosecuting (^)thcer. 
 
 AllTICLE III. 
 
 ATTORNEYS AT LAW. 
 
 SKcnox. 
 
 361. Attorneys at Law. 
 
 362. Rights of persons admitted. 
 
 363. Qualifications of applicant. 
 
 364. Aliens. 
 
 365. Application for admission. 
 
 366. Evidence of preparation. 
 
 367. Must bo examined. 
 
 368. The manner of examination. 
 3G9. Examination not satisfactory. 
 
 370. Order of admission. 
 
 371. Form of the oath to be taken. 
 
 372. Graduates of Lumpkin Law School. 
 
 373. Attorneys of other States. 
 
 374. Order of the Court necessary. 
 
 375. Prohibited in certain cases. 
 
 376. Attorneys removing to this State. 
 
 377. How admitted in Supremo Court. 
 
 378. Failing to render tlie service. 
 
 379. Transferring fee note. 
 
 380. Tiic rule for settling fees. 
 
 381. Attorneys may be ruled. 
 
 382. May bind their clients — when. 
 
 383. Can receive nothing but money. 
 38J. Parties acting by advice of Attonie3's. 
 
 Section. 
 
 385. Appearing without authority. 
 
 386. Penalty therefor. 
 
 387. Required to produce authority 
 
 388. When two are employed. 
 
 389. Leading counsel defined. 
 
 390. If more than one, prelorenco given. 
 39L Special duties of Attorneys. 
 
 392. Causes for striking an Attorney, SoC. 
 
 393. May be re-instated, and how. 
 
 394. Proceeding against Attorney's. 
 
 395. Accusation must be in writing. 
 
 396. Proceedings must be under oath. 
 
 397. Requiring the accuser to appear. 
 
 398. Appearance. 
 
 399. Answer. 
 
 400. If objections be overruled. 
 
 401. Plea of guilty, or refusal to answer. 
 
 402. The judgment and efl'eet tliereof. 
 
 403. Proceedings instituted by the Court. 
 
 404. The attendance of witnesses. 
 
 405. Costs — how taxed and collected. 
 40G. Death of the informant. 
 
 407. Jury may find proceedings nuiliciou.s. 
 
 Persons cii 
 titled to 
 pracUcu law, 
 
 Rights of 
 persons !id 
 initted in 
 the Suj (Tiof 
 Court 
 
 §301. The following ])ersons, if not specially declared ineligi- 
 ble, are entitled to practice law in the Courts of this State : 
 
 1. Those who have been regularly licensed under the laws of 
 the State, before the adoption of this Code. 
 
 2. Those who arc hereafter licensed in the manner prescribed 
 .)j law. 
 
 §3(52. Those who are admitted to practice in the Superior 
 Courts, nuiy practice in any other Court of this State, except the 
 Supreme Court, for which another and special license must be 
 obtained. 
 
FT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 85 
 
 Article 3. — Attorneys at Law. 
 
 §363. Any white male citizen of good moral character, whoQnaiiflca- 
 
 "^ . t, . . , . tions of ap- 
 
 has read law, and nndergoes a satisfactory examination ucfore ariicant 
 Judge of the Superior Court, as hereinafter prescribed, is entitled 
 to plead and practice law in this State. 
 
 §364, Aliens who have been two years resident in the State, aium. 
 and have declared their intentions to become citizens, pursuant 
 to the act of Congress, are eligible to admission as Attorneys at Law. 
 
 §365. For the purpose of admission, one must apply, by ])eti- AppiicMio* 
 tion in writino;, to a Superior Court, durini; one of its sessions, sion— how 
 
 ~ 1 '^ _ made. 
 
 in a Circuit of whicli he is resident, or has read law therein, and 
 must show — 
 
 1. His citizenship. 
 
 2. That lie is of good moral chniMctci-. 
 
 3. Tluit he li:is read law. 
 
 4. TJiat he has been a resident of, or lias read law in the Cir- 
 cuit as aforesaid. 
 
 §366. The evidence of such facts must be by certiiicate of two ecrtificMe of 
 
 , , . ■ . , preparation. 
 
 Attorneys of tlie Court, or of other evidence satisfactory to the 
 Court. 
 
 §367. Tlie applicant must also be examined in open Court, Authoritiea 
 
 " i. 1 i on which to 
 
 touchin<r his knowleclo;e — \"^ <',^*"^- 
 
 1. Of the principles of the Common and Statute Law of Eng- 
 land of force in this State. 
 
 2. ( )f the law of pleading and evidence. 
 
 3. The })riiici])les of equity, and ecjuity jdeading and practice. 
 
 4. The revised Code of this State, tlie Constitution of the Con- 
 federate States, and of this State, and the rules of practice in the 
 Superior Courts. 
 
 §368. No portion ol' such examination must take place out ofM.innero<- 
 open Court, and to enal)le the Judges to have proper examina- tion. 
 tions, they are recpiired, if there is not ample time, during a term, 
 to appoint a time, at least twice a year, at some county site in 
 their respective Circuits, which has a bar of Attorneys sufficient, 
 in numbers and qualiiications, to conduct the examinations, and, 
 if necessary, to request and require the attendance of such Attor- 
 neys from other places within the Circuit, of which appointment 
 public notice shall be given thirty days prior to said time in 
 some public gazette. A])])]ication for admission may be made to 
 the Judge of each Circuit (as otherwise required) at any time. 
 
 §369. Such Judges are required to be strict, and to reject any 
 
86 FT. 1.— TIT. 5.— CHAP. 7.— J udicial Depahtment. 
 
 Aijicle 3. — Attorneys nt Law. 
 
 ^to**^' applicant who do€!li not underj^o a ftill and satisfactory examina- 
 
 «.jected. ti^,„ 
 
 How »dinit- §''57<>. If, Oil oxainiiijition, the aj)}>liciiiit is found duly cpialitied 
 
 tic*.**'"**^ in all the hranchcs required, the Court must direct an order to 
 he entered <»ii the minutes, that, hciui:; examined and found to 
 ])ossess the r('«inisitc learniuij: and ability, and haviug otherwise 
 complied with all the conditions of the law ; that ujwn his taking 
 
 Ua»tuke»nthc oath prescribed, that the Clerk issue to him, on the payment 
 of the fees and costs, a license to plead and practice law in the 
 Superior Courts of this State. 
 
 Tomotuif !^871. The oath is as follows : 
 
 •aUi. 
 
 " I. . swear that I will justly and uprightly demean my- 
 self, according to the laws, as an Attorney, Counsellor and Solic- 
 itor, and that I will su})port and defend the Constitution of the 
 Confederate States, and the Constitution of the State of Georgia. 
 So help me (rod.'' AVhich oath must be taken in open Court, and 
 entered on the minutes thereof 
 Greduatosof §372. Nouc (tf tlic preceding requisitions are ap})licable to 
 UwLhJK.1 i»ny graduate of the Lumpkin Law School, but upon presenta- 
 ^ttcd. tion of a ])ii)loma, and payment of fees, the Court shall cause 
 
 his luxme to be enrolled among the Attorneys. 
 Attomoy* §373, Attorneys at Law residing in other States of the Con- 
 suus— how lederacv, having license to practice law m a Circuit Court there- 
 
 kdmittfd In . i i i ^ i a c i • rt • ^ 
 
 tbisstato. in, wlu'fc, hy law, the Attorneys ot this State are permitted to 
 
 practice law, may practice in the Superior Courts of this State. 
 
 1. By presenting a petition, in writing, for such purposes, to 
 
 the Judge (jf the Superior Court of any Circuit, either in term 
 
 time or vacation. 
 
 MuBtpro- 2. Hv ])r()diiciin:; before him a cerliHcate from a Judjj:;e of the 
 
 ttflcatf. ( irciiit, or District Court of the State of which they are citizens, 
 under the seal of said Court, stating that the applicant is of good 
 wKtral character, and has been legally admitted to practtice law 
 in such Circuit, and that, by the laws of such State, the Attor- 
 neys of this State are allowed to practice law therein. 
 
 Order ofa.i- §374. On reading such petition and certificate, such Judge 
 shall grant an order, that the applicant be admitted to practice 
 law in this State, and shall order the Clerk of the Superior Court 
 of the county to enter it on his minutes and file the proceedings, 
 on the payment of his legal fees, which, when done, is a sufiicient 
 license. 
 
 miulon. 
 
PT. 1.— TIT. 5.— CHAP. 7.— Judicial Department. 87 
 
 Article 3. — Attorneys at Law. 
 
 §375. Such Attorneys at Law of any State adjoining this, are Lawyers 
 not thus permitted to practice law lierein, unless those of this states as do 
 
 Oi. i- Tl- • ^ • ^ • 1 • y~i not allow 
 
 otate are not Jikewise permitted to i)ractice law in their Courts. tJa. lawyers 
 
 o OT > n^^ a t . i r^ i to practice 
 
 • §o7(). i hose Attorneys at Law, ot other States, who l)ecoine '" tiiw 
 
 •J p 1 • n 11 Courts. 
 
 residents ot this State, and do not come under the provisions of ^ 
 
 ' ^ Lawyers 
 
 tlie prcc-eding sections, by producing to the Court satistactory ev- ^""(Xs^mf 
 idence that they were Attorneys at Law, in good standing, in ^^ |'„%''ij'j""],'p'''^ 
 Court of similar jurisdiction in the State from which they came, 
 may be immediately admitted to plead and practice law in this 
 State, without undergoing the examinations as other resident ap- 
 plicants. 
 
 §377. Any Attorney authorized to practice law in the Supe- Lawyers— 
 rior Courts of this State, is permitted to practice law in the t<^(i to'p™c- 
 
 S/->, , tice in Su- 
 
 upreme Court — i.remo 
 
 1. By exhibiting to the Court proof of good private and pro-i'roof of 
 fessional character, and otherwise complving with the terms ofnndpE-** 
 
 ifc Tiilo- ' ' sional char- 
 
 Its 1 Ule,-,. nctcr. 
 
 2. By taking the oath prescribed. 
 
 §378. Attorneys are prohibited from collecting an v note or Attorneys 
 
 _ ii 1. J. • • , • • .. *" " i.-i when em- 
 
 otuer contract m Avriting given as a tee m anv cause, whiclivioyedfaii- 
 
 J.1 1 X' •! 1 *^ 1 • " inp to render 
 
 cause tncy Jiave tailed to attend to m person, or by some com- ti'c service, 
 potent Attorney, from the time of employment until the rendi- 
 tion of the judgment, and the same shall be null and void, unless 
 they were by contract released from such duty. 
 
 §370. The transfer of such note or obligations subjects them Tr.insrering 
 to ibrfeit and pay to the person from whom the same was taken, obiigatjon"" 
 double the amount thereof, recoverable in any Court having to rendcrThe 
 jurisdiction of the same, unless such person is saved harmless ''""''^" 
 against all fees, costs and other necessary expenses on account 
 thereof 
 
 ^380. Unless i)therwise stipulated, one-half of the fee in anv The ruief 
 
 , • , • 11 . -, , . *' settling fo} 
 
 cauhc is a retainer, and due at any time, unless the Attorney 
 without sufficient cause abandons tlie case before rendering ser- 
 vice to that value; l)ut in cases where he has rendered such 
 service, and cannot render the balance of service, from the act 
 of his client, pnn-idential cause, election to office, or removal 
 out of the State, he is entitled to retain the amount, or a due 
 proportion if collected, or sue for it, and collect it, if not; where 
 no special contract is made, the Attorney may recover for the 
 services actually rendered. 
 
 §381. Where Attorneys retain in their liands the nionev of 
 
88 PT. 1. — TIT. 5. — CHAP. 7. — Judicial Depaktment. 
 
 Article 3. — Attorneys at Law. 
 
 JSiSi tor their clients, after it has been demanded, they are liable to rule 
 """•Z"*' (*"^ otherwise) as Sheriffs are and incur tlie same penalties and 
 
 f'on sequencers. 
 Attornpys ^.'3s2, Tlicv havc iuitlidrity to bind tlieir clients in any action* 
 their client* or proceedinj;, Itv any njjreement in relation to the cause made 
 
 — when. . .. ,..'.'., . -1 •,, 
 
 in wntiiii;, and m signiii;^ jii(l::;-nuMit>, cntennu- a})i)cal?, and by 
 an entry ol* such matters when permissible on the dockets of the 
 Court, but they cannot take affidavits, required of their clients, 
 unless specially permitted by law. 
 c*nnotrr- §383. Without special authority Attorneys cannot receive 
 thing but anvtlnnij m discharge of a client s claim but the full amount m 
 
 cash. 
 Parties not §384. Clients shall not l)e relieved from their liability to dam- 
 
 n-Iieved on , 
 
 ^ui^""'' ^^^^ ^ penalties imposed by law on the ground that they acted 
 acted under under the advice of their counsel, l)ut are entitled to redress 
 
 the advice of ^ " 
 
 couDBcL from them for unskilful advice. 
 
 Apartymriy §385. If it be alleged by a i)M'tx for whom an Attorney ap- 
 Aitorn'cy a\" peai-s that lie does so without authority, the Court may at any 
 appear for** stage of the proceedings relieve the ixirtv, for whom the At- 
 torney assumed to appear, from the consequences of his acts, 
 if fully satisfied such allejjation is true. 
 Attorney ai- §38G. Auv Attomev apj)earing for a person without being 
 withoutati- employed, unless by leave of the Court, is guilty of a contempt 
 tiority. ^^^ Court, and must be fined in a sum not less than five hundred 
 
 dollars. 
 May bo re- §387. The presiding Judge, or Justice, may, on motion of 
 produce an- either party, and on showing reasonable grounds therefor, re- 
 quire any Attorney, who assumes the right to appear in the 
 cause, to produce, or prove, the autliority under which he ap- 
 })ears, and to disclose wlienever ])crtinent to any issue, the name 
 of the person wlio eiiipldycvl ]iim, and to grant any order that 
 justice may require on sucli investigation, but prima facie. At- 
 torneys shall be held authorized to properly represent any cause 
 they n.'ay appear in. 
 ^vhon two §3S8, Wlien two ov more Attorneys being employed on the 
 torneysare samc sidc disputo about tlic directiou to be given to their cause, 
 thesamo and tlic client is not present, the Judge shall hear all the facts 
 
 Bi'lP- T . ,. 111. ■, 
 
 and give ])reference to the leadmg counsel. 
 Leadinc §389. The leading counsel is he who at the time of the trial, 
 
 counsel de- , . . '^ i . i i . . , . , 
 
 lined. or raising of any issue connected with the cause, is m tlie ]udg- 
 
PT. 1. TIT. 5. — CHAP. 7. — Judicial Depaktment. 89 
 
 Article 3. — Attorneys at Law. 
 
 ment of the Court the counsel upon whom the client relies more 
 than any other. 
 
 §390. If there is more than one, \i])on wliom tlic (-lient thus k more than 
 relies, the Court shall as between tlieni, <;-ive liiin preference who enco is gi^c-n 
 
 ^ ' to the one 
 
 was first employed. crstem- 
 
 ^ • -P ployed. 
 
 §;>01. It is the duty ol Attorneys at J.aw — special dn- 
 
 1. To maintain the rcstiect due to Courts of »]ustiee and judi-nuratod! 
 cial officers. 
 
 2. To employ for the purpose of maintaiiiiiii^ the causes con- 
 fided to them, such means t)nly as are consistent with truth, and 
 never to seek to mislead the Judges or .luries, l>y any artifice or 
 false statement of the law. 
 
 3. To inaintain inviohite the coniidence, and at every peril to 
 themselves to preserve the secrets of their clients. 
 
 4. To ahstain from all offensive personalities, and to advance 
 no fact prejudicial to the honor or reputation of a party or a 
 witness, unless required hy the justice of the cause Avitli Mliich 
 they are charged. 
 
 5. To encourage neither tlie commencement nor continuance 
 of an action or proceeding from any motives of passion or in- 
 terest. 
 
 0. Never to reject for any consideration personal to themselves 
 the cause of the defenceless or oppressed. 
 
 §392. An Attornev must be removed for the following causes special 
 
 '- " _ "-' causes for 
 
 by the Superior Court of the county of liis residence : "uorne" 
 
 1. Upon his beiuG: convicted of any crime, or misdemeanor in- must bo re- 
 
 i ^ ■ ' _ moved. 
 
 volving moral turjiitude. In eitlier case the record of liis convic- For crimet. 
 tion is conclusive evidence. 
 
 2. AVhen anv iudgment. or mde absolute lias been rendered Kniiin? to 
 affainst him, for money collected bv him, as an Attornev, which money wh«« 
 
 iD ' .' ■ •> . ■• . , ruled. 
 
 he fails to pay within ten days after the time appointed m the 
 order. In which case the record of the judgment is conclusive 
 evidence, unless obtained without any service, under some law 
 authorizing such a proceeding. 
 
 3. Upon it being sliown to the satisfaction of the Court that rnprofcs- 
 he has been guilty of any deceit or wilful misconduct in his duct. 
 profession. 
 
 4. For want of a sound miiul, or fo;* indecent behavior in oriiuucenef 
 out of the Court House, whereby he becomes a nuisance to the mind, &«. 
 •Court, his brother members of the bar, or the public. 
 
 §393. AVhen an Attorney at Law is thus removed, after the lapse 
 
90 PT. 1. — TIT. o. — ClIAr. 7. — Judicial Department. 
 
 V Article .3. — Attornevs at Law. 
 
 JMUtedUnd **^ twelve months (unless removed under the first ground of the 
 '""'• ]>receding section) it is in order fur liiin to l>e restored upmi tlie 
 
 M]>j)li(;ati<)n of two-tliirds of tlio in('iii])ers of the bar of tlie coun- 
 ty where lie was removed and of tliose who usually practice in 
 the 8u])erior C,\jurt of said county, if aj>j»roved by the .Iud<^e of 
 the Circuit. 
 Rummwy J? .'itH. The uroceciliui^s to remove an Attorney may be taken 
 m<»iin.tAi- bv the Court, of its own motion, or uiton the motion of an At- 
 
 torney at Law, or other citizen. 
 
 tt^n^"rbc §'^*^^- I'^i*^ accusation must be in writing, signed by tlie mov- 
 
 iD writing, ant, or his Attorney at Law, and when the proceeding is taken by 
 
 the Court, it may be drawn up by the Solicitor, or the Clerk, 
 
 under the direction of tlie C<jurt. 
 
 ProcccditiL's ^8!)tl. If the proceedings are ni)oii the information of another 
 
 mnst l»c tin- -^ ^ ^ n i 
 
 wbeo'"'" ^^^^ accusation must be verified by the oath of the person mak- 
 ing it, or some other person, and ]>resente(l to the Court. 
 Order n- § ^^^^T. The Couit uiust then, if of opinion that the accusation 
 
 S^cuMdV.'.' would, if true, l)e grounds of removal, make an order, requiring 
 •pp«ar- ^|,p ticeused to appear and answer the same, at a specified day 
 (hiring the same, or at the next term, and nnist cause a copy of 
 the order and accusation to be served on the accused within a 
 prescribed time before a day apjjointed in the order. 
 
 §3!>S. The ac^nised must appear at the time appointed in the 
 oftheac- order, and answer the accusation, unless for sufficient cause the 
 
 CUS.lI ' 
 
 Court assign another day for that j^urpose, if he does not appear 
 Faiiiusto ^''^ Court may ])roceed, and determine the accusation in his ab- 
 
 Answorof § •'i*.''-*. Tlic accuscd may answer, either by objecting to tlie suf- 
 *"■"*'' ficiency of the accusation or by denying its truth, either of which 
 must b(! entered on the minut(!S. 
 pbjpcti.ms §40<». If the olijection to the suiliciencv of the accusation be 
 
 by the ac- . •' 
 
 •uBcr. not sustained, the accused must answer it forthwith. 
 
 Pic«of (Tuii. ^401. li' he i)leads guilty, or refuses to answ^er the a(;(;usation, 
 
 ty, or rifu- , . , ^ , "^ . . 
 
 •ingtoon- tlie ( ourt iiiiist procccd to i ud foment of removal : if he denies 
 
 •w«r. . * J » ' ^ 
 
 the accusation, the Court nnist immediately, or at such time as 
 it may appoint, proceed to try the same; the accused having a 
 right to demand a trial by jury. 
 Effector iho ^402. A judgment of acquittal is final, but from a judgment 
 
 judgment. ,. i i , ^ . ^ . , * * . 
 
 ot removal there may be a motion for a new trial, and a renew 
 by the Supreme Court, as in other cases. 
 
 §403. The proceedings, when instituted by the Court, of its own 
 
PT. 1.— TIT. 5.— CHAP. 7.— Judicial Departmekt. 91 
 
 Article 3. — Attorneys at Law. 
 
 motion, are conducted in the name of the State, the Solicitor appear- ^h'e^n^nstf-* 
 ing to sustain the accusation, and when on tlie information of an- *"^*<^'^' -^^^ 
 other, in the name of the State, on the information of such per- 
 son. 
 
 § 404. Either party has a right to subpoenas, and other process. Either partv 
 to compel the attendance of witnesses, and testimony may be uie^tten-^* 
 taken by deposition, in such cases, and in the same manner as in witnesses. 
 actions at law, and the Court may, in its discretion, require the 
 informant to s-ive security for costs, and failing so to do within 
 
 . , . . ^ . Thcinform- 
 
 the time prescribed, the proceedincjs must be dismissed at the cost ant failing to 
 
 i ' ■»■ "^ give secu- 
 
 of the informant. "ty, &c. 
 
 S405. Wlien the proceedincrs are in the name of the State, the Costs— how 
 
 " .... . , taxed and 
 
 costs are paid as in criminal cases; when in the name of the <^o"cctcd. 
 State on the information of another, if the accusation is not sus- 
 tained, judgment is rendered against the informant, and his secu- 
 rity for the costs, if the same has been given, but if the accusa- 
 tion is sustained against the accused, judgment for costs must be 
 rendered against him. 
 
 §400. Upon the death of tlie imformaut, if there be but one, ^;j,„„ t,,p 
 the proceedings abate, unless some other person is substituted in Sn'formm\'!* 
 his place, which may be done on application to the Court ; if 
 there is more than one informant tlie proceedings continue on the 
 information of tlie survivor. 
 
 §407. It is in the province of the jury who try such proceed- The jury, 
 ings, if they lind in favor of the accused, also to lind they were clso, may"*" 
 malicious, if they so believe, and upon such iinding the rights of ceedings^'^" 
 the accused against the informant are the same as in cases of ma- 
 licious prosecution, on the criminal side of the Court. 
 
 CHAPTER YIII. 
 
 .RTSTICES OF THE PEACE, JUSTICES' COURTS. AND CONSTABLES. 
 Article 1. Justices of the Peace and their Courts. 
 Akticlk 2. Constables. 
 
92 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Depaktment. 
 
 ■»» , 
 
 » ■ ■ 
 
 Aiticle 1. — Justices of the Peace and their Courts. 
 
 ARTICLE I. 
 
 jrSTICKS OF THE PKACE AND THEIR COURTS. 
 
 .Section. 
 
 408. Two Justices in each District 
 
 409. How removed from office. 
 
 410. Vacancies — how filled. 
 
 411. Election — liow and by wlioni held. 
 
 412. Inferior Court may order an election, 
 41.3. Qualifications of a Justice. 
 
 Section. 
 
 422. If tlie Justice be disqualified. 
 42.3. When there is no Justice. 
 
 424. Suits may be transferred. 
 
 425. When transferred. 
 
 426. Transferred suits. 
 
 427. Co-oblipors, Joint Contractors, A.C. 
 
 414. Inferior Court may appoint — when. | 428. Residents in Districts not organized. 
 
 415. The oath of a Justice. I 429. Special powers & duties of Justices. 
 410. Oath — before whom to be taken. j 4H0. Justices Courts. 
 
 41". Criminal jurisdiction of the Justice. 431. Changed once in four 3'ears. 
 
 418. Civil jurisdiction of the Justice. , 432. Justices newly elected. 
 
 419. Debts may be divided. ] 433. Times and places now established. 
 
 420. Territorial and Criminal jurisdiction. ! 434. Judgments rendered. 
 
 421. Justice may be sued in his own Dist. 
 
 Twojusfi- §408. Tliere sliall be two Justices of tlie Peace in each Militia 
 iv.ice in IJistrict of tlie several coiinties of this State, elected by the peo- 
 trict,<S:c pic of cacli district, in the manner hereinafter prescribed, who 
 
 lIow re- 
 moved from 
 ollico. 
 
 hold their offices for four years, unless sooner removed. 
 
 § 409. They are removed from office in the manner prescribed 
 by the Constitution, and also on conviction for malpractice in 
 office, or of any felonious or infamous crime. 
 
 b'o^w'm'cd" §^10- Vacancies are filled in the following manner: If there is 
 a Justice of the Peace in the district where the vacancy occurs, 
 he shall appoint some Saturday in a month, which is a time fixed 
 loi- holding the Justices' Court of the district, and advertise the 
 same at three of the most i)ublic })laces therein at least fifteen 
 days before the day aiipointed, 
 
 hijwhehi. §411. On said day said Justice, with two freeholders, must 
 hold said election, in the same manner that a regular election for 
 
 Mnstbe Jiistice of the Peace is held, and duly certify the same to the 
 
 foii.niiision- Governor, who must commission the person elected for the unex- 
 
 nl iiy the ' i 
 
 Governor, pired term, 
 
 of the'^ivace §^^^- ^*' *^^^^^ ^^ ^^^ Justice of the Peace in the district where 
 
 uict'^c.*" ^^^^ vacancy occurs, the Justices of the Inferior Court of the 
 
 county must order an election in the same manner, through their 
 
 Clerk, which may be held by three freeholders of the district, 
 
 who must hold and certify said election in the same manner. 
 
 § 413. All persons are eligible to the office of Justices of the 
 Peace who are entitled, in the county in which the district is sit- 
 
PT. 1. TIT. 5. — CHAP. 8. — Judicial Department. 93 
 
 Article 1. — Justices of the Peace and their Courts. 
 
 uated, to vote for members of tlie General Assembly; who have Q^^i^^^^'; 
 been three months in the district next precedhig the election, and •^'^f^^<;« «' 
 who do not labor nnder any disqualification. 
 
 § 414 AYhen any district is without a Justice of the Peace, and on failure to 
 
 O ■ •' 1111 1 <''''ct, the 
 
 an election has been legally ordered to supply the vacancy, and Justices of 
 
 ~ ^ 11 ■ I'-i the Inferior 
 
 none is ho7}a fide held at the tnne and place appointed, it is thecourt^maj 
 duty of the Justices of the Inferior Court to appoint two per- 
 sons, resident in the district, such Justices to have it certified to 
 the Governor, who must commision the appointees for the re- 
 quired term. 
 
 5 415. Justices of the Peace, before enteriii<; on the duties ofxheoathof 
 
 ^ 7 <_• ^ Justice of 
 
 their oftice, besides the oath required for all civil olhcers, must reace. 
 take the following oath: "I do swear tliat I will administer jus- 
 tice without respect to persons, and do e([ual rights to the poor 
 and to tlic rich, and that I will faithfully discharge all the duties 
 
 incumbent on me as a Justice of the Peace for the county of , 
 
 agreeal)ly to the Constitution and laws of this State, and accord- 
 ino- to the best of my ability and understanding. So lielp me 
 God." 
 
 §416. Such oaths shall be taken and subscribed before the g„ei^ oath 
 Justices of the Inferior Court of the county in session, but may ^ken!''^""" 
 be taken before any one of such Justices, and so the dedimus po- 
 t^estatejn^ for such purpose, should state. 
 
 §417. Thev have criminal jurisdiction in the following in- Their crimi- 
 
 " • ' "" nal jurisdic- 
 
 stances : tion. 
 
 1. In acting as conservators of, and preserving the public peace 
 in their respective districts and counties. 
 
 2. In issuing warrants for the apprehension of any person 
 charged on oath Avith a violation of any portion of the Penal 
 Code, or who are so known to them officially. 
 
 3. In examining such persons when brought before them, and 
 to commit, bind over or discharge, according to the directions of 
 this Code. 
 
 4. In trying all slaves, or free persons of color, charged with 
 any ofience committed in the county, not punished with death, 
 in the manner prescribed by this Code. 
 
 5. In such other cases as jurisdiction may be Constitutionally 
 
 given. 
 
 §418. They have a general and original civil jurisdiction — CiviijuriB- 
 1. Of all suits or attachments on any liquidated demand, or an 
 
 account not exceeding fifty dollars, exclusive of interest, or where 
 
94 PT. 1.— TIT. 5.— CHAP. 8.— Judicial Depaktment. 
 
 Artlde 1. — Justices of the Peace and their Courts. 
 
 the debt Las been liirffer, and tlie balance due is not more than 
 (raid amount, or on the trial is reduced to said amount by ho7ia 
 Ji<Je payments, or other lawful setoff. 
 
 '2. Of contests for the mere ])ossession of personal property. 
 
 3. Of forcible entries and detainers, or either, witli the aid of 
 a jury of twelve men, as j)rescribed by this Code. 
 
 4. Of all other causes when jurisdiction is Constitutionally 
 <;iven them in their capacity as Courts or Justices. 
 
 DebtsmsT §41l>. Dcbts which, in the aggregate, amount to more than 
 *«. ' Justices' Court jurisdiction, may be divided into liquidated de- 
 
 numds, so as to bring them each within such jurisdiction. 
 Thfir rriini- §420. Their Criminal jurisdiction extends over persons of, or 
 tion cxtpnds crimes committed in their respective counties, and their ci\il ju- 
 
 ovor their .,.. .. p ^ • ;• ^• i • *i 
 
 county. Ac nscJictiou ovcr pcrsous resideuts oi theu" rcspectivo districts, and 
 itinerant persons, and to persons of other districts, in certain par- 
 ticular cases provided for in this Code. 
 
 Maybpsii.'.i §421. One Justice of the Peace may sue, or l>c sued before the 
 
 in his own ■,.■,. ■,. , 
 
 District. otlier in his own district. 
 
 When the §422. "Wlicu a Justicc of the Peace is disqualified from presi- 
 disquaiiiici, ding, and there is no other Justice of the Peace in his district, 
 uct." ■ who is qualified, any Justice of the Peace of the county is quali- 
 fied to issue all process, and to preside in his district, and if a 
 Justice of the Peace is sued under such circumstances, the suit 
 may be located in any adjoining district. 
 Suits— ho.r §423. "Wliere there is no Justice of the Peace in nnv district 
 
 to be ' 
 
 Nroupht where a defendant resides, or there is one, and lie i-efuses to serve 
 
 whc-n there n . ' 
 
 Is no Jus- generally, or in any particular case, the suit may be located in 
 
 tlce, or ho "^ ... ' 
 
 refuses to ally adioinini;: disti'ict. 
 
 serve. J j o 
 
 Suits iihij-i.e §^24. If suits are already commenced, and are suspended for 
 i™certil[n' ^hc waut of a Justicc of tlie Peace to preside, such suits shall be 
 *^'"' i-emoved to the adjoining districts, unless the evil is removed 
 
 within sixty days. 
 M.nyi.e §325. If, froiu aiiv cause, all such suits cannot be located, or 
 
 tninsffrred -, , " 
 
 1" Bi'te^"""' P''^''^^*"ted in some adjoining district, they may be commenced, 
 <»r removed to the Justices' district, which embraces the county 
 site. 
 
 The Justices §426. The Justices of the Peace and Constables of any dis- 
 
 andConsta- , • . -t •i.'ii i i 
 
 biesmayact,trict, wlicre a suit IS thus begun or removed, have the same pow- 
 er as those officers have in the proper districts. 
 
 §427. Suits vs. makers and endorsers, and against co-obligors, 
 or joint-makers, may be located in the district where the princi- 
 
PT. 1.— TIT. 5.— CHAP, s.— Judicial Department. 95 
 
 Article 1. — Justices of tlie Peace and their Courts. 
 
 pal debtor, or one of the (•o-oblio;ors, or ioint-makers can be sued, P<?-oi3iigor8, 
 
 ■I ' n 7 .1 ' joint con- 
 
 and the otlier parties, who mav reside in a different district from ^'""f""'*"'^. 
 
 i ' " makers and 
 
 Buch in the same county, may be joined in tlie suit on tlie same J^",vTuc"~ 
 terms sucli ])ersons residing; in different counties may be sued in 
 the Superior Courts, but by the process used in Justices' Courts; 
 and in such cases, the Constable of tlie district where the suit is 
 located, may serve such process in any part of the county. 
 
 §428. Persons resident in any portion of a county, whose resi- Persons rc- 
 dence, from any cause, is not embraced in any organized Justices' i^nlmrof^ 
 districts, are subjected to suit in the district whose Court-ground is '^°""^^' 
 nearest tlieir residence, wliere there is an acting Justice of the 
 Peace. 
 
 §429. Justice.'^ of tlie Peace liave autliority, and it is their spociaipoTr- 
 
 /^,i + -,T ors and du- 
 
 ^"■^J ties of the 
 
 1. To select some central and convenient i)lace in llicir respec- cnumc'rated. 
 tive districts, at which to liold tlieir Courts, and some stated day 
 
 ill each month as the time of which they sliall give ample public 
 notice, and also to keep tlieir offices within said districts ; but in 
 towns or c-ities, which embrace more than one district, they may 
 hold their Courts and keep their offices at some central and con- 
 venient place within the limits of said towns or cities. 
 
 2. To fine not more than five dollars, nor imprison more than 
 five hours, any person guilty of a contempt of Court, and to ])ay 
 the fine to the County Treasurer for county purposes. 
 
 3. To issue attachments returnable to their own, and, in cer- 
 tain cases, to the Superior or Inferior Courts of the county. 
 
 4. To issue all process necessary to maintain their jurisdic- 
 tions, and enforce their authority under the sanction of law. 
 
 5. To administer oaths and take affidavits, except the power is 
 expressly restricted to some other officer, and to take the ac- 
 knowledgement or ]u-obate of any conveyances required to be re- 
 corded. 
 
 G. To keep a docket of all causes lirought before them, in 
 which must be entered the names of the parties, the returns of 
 the officer, and the entry of the judgment, specifying its amount, 
 and the day of its rendition. 
 
 7. To carefully file away and label all paj)ers appertainiui? to 
 any cause, and all>'./ks. and other process returned, after being 
 satisfied, entered ''nulla hona,"" or have otherwise discharged 
 their functions. 
 
$6 PT. 1, — ^TIT. 5. — CHAP. 8. — Judicla.l DEPAET»fENT. 
 
 Article 1. — Justices of the Peace and their Courts. 
 
 8. To attend the Superior and Inferior Courts of their coun- 
 ties, M'henever required, with such docket or papers of file. 
 
 9. To estal)lislj, wlien lost, in tlie manner prescribed by law, 
 any paper appertaininir t(i any suit, or other proceeding in their 
 respective Courts. 
 
 10. To answer interrogatories from Courts of other counties, as 
 to the contents or condition of any of the dockets, tiles or papers 
 of their «)ihce, and to attach thereto copies of such, when such in- 
 terrogatories are propounded, and su(th copies required. 
 
 11. To ])erforin such other duties as are, or may be required by 
 law, or which necessarily api)ertain to their office. 
 
 JuttoM* 5430. If any Justices' Court is held at an inaccessible or incon- 
 
 Ooarts.pU- ^ .•', ,.. 11-1^ 
 
 ee«^f hold- venient ])ortion of any district, or sucti a place is herealter se- 
 •hingod. lected, the qualified voters of such district may petition such 
 Justice to change the place to some other place, naming it, and 
 if he refuses to cliange, they may apply to the Justices of the In- 
 ferior Court, and if such Justices are satisfied that the place where 
 such Court is held works an inconvenience to a majority of the 
 citizens of such district, they shall change the place, to take ef- 
 fect after the expiration of thirty days, liave it entered on their 
 minutes, and ])ublished in tlie district. 
 Tho place §431. AV'^lieii a placc for holding such Court is once fixed, it 
 hoidins: Jus- cannot 1)0 cliaiigcd, except in tlie manner stated, and then but 
 Ac. "'^'*'once during the ibur years' official term, nor can the time be 
 
 changed by the Justices but (jiute. 
 Newjusti- §432. AVhen new Justices of the Peace are qualified, and 
 change tho they dcsiro to chani»;e the place or time of holdino; such Comets, 
 
 time and •' . . ^ 
 
 place ofhoid- they may do so by giving public notice of the fact, stating the 
 Couru. ])lace, and the time to which changed, or either, and the first 
 
 Court to be thus held, which change shall not go into effect short 
 
 of sixty days from the time of advertising. 
 Time and §433. Thc tiuics and places now established for holding Jus- 
 £o^^n"''j„,.t ices' Courts are not disturbed by the enactment of this Code, 
 notdi^'urb* '"^^ the militia districts noAV established by law remain the same, 
 adopuon"of ^>"t tliev may be altered and new districts formed by Justices of 
 this Code, ^jj^ Inferior Court of each county as hereinafter prescribed, 
 jndffmonfs-- §431. All iudgmeiits of such Justices rendered in any civil 
 
 when void. ,'', , , . j^ ■,-,-,.■, . 
 
 cause anywliere else than at tlie place and time for holding their 
 Courts lawi'ully appointed, are void. 
 
PT. 1.— TIT. 5.— CHAP. S.— Judicial Depaetment. ' 97 
 
 Article 2. — Constables. 
 
 AETICLE II. 
 
 CONSTABLES. 
 
 Section. \ Section. 
 
 4:55. Two Constables in each district. , 44,4. Jn cases of emer<^ency. 
 
 436. How removed from office. j 445. Must give bond and suret}-. 
 
 4.37. Vacancy — how filled. | 446. Clerk must certify. 
 
 438. Justices failing to agree. j 447. Additional surety — when. 
 ' 439. If there is but one Justice. 448. May be ruled and attached. 
 
 440. Justice failing or refusing to appoint. 449. May be ruled in Superior Court. 
 
 441. Qualifications of Constable. 450. His special duties enumerated. 
 
 442. Disqualifications. 451. rcnalty for acting after retiring. 
 
 443. His oath of office. | 
 
 §435. There shall be two Constables in eacli militia district ofTwoOonsta- 
 the several counties of this State, elected by the i)eople of each 'iistnct ciTc- 
 district as hereinafter prescribed, who hold their offices for two ih^Wi^ f<>r 
 
 , - two years. 
 
 years, unless sooner removed, 
 
 § 43(3. They are subject to be removed from olHcc on the same iiow rcmoT- 
 grounds and on the same proceedings as Clerks of the Superior fit-. ™""'^" 
 Court are, and on conviction for malpractice in office, as Justices 
 of the Peace are. 
 
 §437. Yacancies are tilled by appointment of the Justices of '^''"••wck-s- 
 
 1 -r> j» 1 T • • 1 /» n • how lillod. 
 
 the Peace ot the district in the lollowino- contingencies: 
 
 1. When, from any cause, there is a failure to elect, qualify. Failure to 
 and give bond, at the regular time. 
 
 2. When there is a death, resignation, or removal of Consta- Desith, resig- 
 
 I.Tq nation or re- 
 
 ^^^t;. inoviil. 
 
 3. When, from sickness or other providential cause, the dis-whouab- 
 trict is without a Constable, there may be an appointment, if an Providential 
 emergency arises, to continue until the regular Constable enters '"'"''' 
 
 on the discharge of his duties. 
 
 4. When the Constables of the district are absent temporarily Tompon-ir^ 
 from the district, the like power may be exercised. the district. 
 
 § 438. If there are two Justices of the Peace, and they cannot tTusticos faii- 
 agree upon an appointment, the one who has served lono:er as on-appoTnt- 
 
 1 . 1 1 • T inontof Con- 
 
 such continuously, and immediately preceding, shall appoint; ifsmbics. 
 
 there are two Constables to appoint, each Justice shall appoint 
 
 one. 
 
 §439. If there is only one Justice of the Peace he may make wiicn there 
 
 the appointment, but it sliall be in the discretion of the Justices, justice ho 
 
 whether one or two, to appoint the second Constable or not, if'"">'''PP''*"'" 
 
 there is one in office, or one or two if there is none in office. 
 
 7 
 
98 ' rX. 1. — TIT. .J. — CHAP. 8. — Judicial Department. 
 
 Article 2. — Constables. 
 
 Wons 
 
 Oath of .1 
 
 Constables 
 
 In case .Jus- § 440. If tliG JusticGS of tliG Peacc of any district fail or re- 
 p^efaiTtofuse to liavG as mncli as one Constable in their district, for as 
 appoint,, c. ^^^^^ ^^ thirty days from tlie time such a vacancy occurs, the Jus- 
 tices of the inferior Court of the county shall fill the appoint- 
 ment. 
 guaiifl<-.v §441. The eligibility for Constables is the same as that for 
 l>,nstobio. Justices of the Peace, but any persons may be appointed Consta- 
 ble to fill vacancies, or to answer some emergency, who are at 
 the time residents of the district, 
 nisqnaiiflca- § 442. Coustablcs cannot be Sheriffs, or Sheriff's deputies, nor 
 can they be either Clerks of the Superior or Inferior Courts, nor 
 can such officers be Constables. 
 
 § 443. Each Constable, before entering on the duties of his 
 OonBtabic. ^^^.Q^ „-mgt take and subscribe, beside the oath for all civil offi- 
 cers, before the Clerk of the Inferior Court of his county, the fol- 
 lowing oath : " I swear that I will duly and faithfully perform 
 
 all the duties required of me as Constable of the county of , 
 
 according to the l)est of my ability and underst.anding. So help 
 me God." 
 
 § 444. Constables appointed to answer some sudden emergen- 
 aS^cmcrgen" cy, as iu sectiou 437, may take and subscribe said oath before the 
 qu^iik^i. Justices of the Peace appointing them, who shall file the same 
 
 in the office of the Clerk of the Inferior Court. 
 
 Constables §445. All Coustables, except those thus appointed, must, be- 
 
 S^r fore entering on the discharge of their duties, give a bond, paya- 
 
 •uroty. ^^^^ ^^ ^^^^ Justices of the Inferior Court of the county, and their 
 
 successors, with two good sureties, resident in the county, in the 
 
 sum of five hundred dollars, to be approved l)y such Justices, 
 
 which shall be l)y the Clerk of said Court filed in his office, and 
 
 Jiicti. recorded in a book kept for that purpose. 
 
 Clerk supe- § 44f5. "When such oath is taken and filed, and such bc>nd given, 
 must certify such Clei'k sliall issuc to sucli Constable a certificate of such facts, 
 (lavitanii aiid make an entry thereof on his minutes, which certificate shall 
 
 lx>nd. , . . . 
 
 answer as his commission. 
 Maybocom- §447. Coustablcs maybe compelled to give additional bonds 
 !^>e addi- upoii coiiiplaint made on oath before any one of the Justices of 
 tiona sure y ^£^ Inferior Court, if, after the hearing, such Justices so order it 
 done, and upon failure to do so, shall l>e removed by such Justi- 
 ces. 
 
 § 448. They are liable to rule, attachment, and penalties, in 
 their respective districts, but in default of any Justice of the 
 
PT. 1.— TIT. 5.— CHAP. 8.— Judicial Departmext. 99 
 
 Article 2. — Constables. 
 
 Peace in such district, or if there are such who refuse to serve, ^^/''^^r''- 
 
 ' ' ed, and how, 
 
 they mav be ruled before anv Justices' Court of an adioiniuir dis-i°*'l"^^^*^«'* 
 trict, or the Superior Court. 
 
 §449. It is optional with parties to rule Constables before the Mav bo mi- 
 Superior Court of their respective counties, in term time, on the or c^ouT"^*" 
 same terms that Justices of the Peace are ruled. 
 
 § 450. It is their duty— 
 
 1. To attend regularly all terms of the Justices' Court in their p ^,^j j^_ 
 respective districts. tiesenum.- 
 
 -i rated. 
 
 2. To attend all terms of the Sujierior or Inferior Courts of 
 their respective counties, when summoned ])y the Sheriff for that 
 purpose. 
 
 3. To give receipts for notes, or other liquidat<id demands, 
 placed in their hands for collection. 
 
 4. To pay over money promptly as collei'ted, to the party en- 
 titled thereto, and in case of conflicting chiims to any money, to 
 report the same to the next Justices' Court of tlie district, where 
 they are amenable, for its order in the premises. 
 
 5. To execute and return all warrants, suniTiions, executions, 
 and other process to them directed by lawful authority. 
 
 G. To perform such other duties as are or may be required of 
 them by law, or which necessarily appertain to their offices. 
 
 §451. If any Constable exercises the duties of his office after ^^^ 
 removal from the district wlicre he was elected or appointed, heo!n"towoaf- 
 is subject to a flne of fifty dollars for every such act, to be recov-o7officc!rub- 
 ered before any Justice of the couiity in which he resides, by any^""**"^'- 
 one suing for the same, one half to the use of such person, the 
 other half to the use of the countv. 
 
 CHAPTER IX. 
 
 CORPORATE COURTS. 
 Section- 452. Corporate and Police Courts— liow atlbctcd by the Code. 
 
 § 452. The organization of the various corporate and Police ^'jr-f'jt^ 
 Courts of this State, and the laws relative thereto, are undisturb- Secu^ty'' 
 ed by the adoption of this Code, unless additional, concurrent, or 
 exclusive jurisdiction, or cuunilative remedies are conferred by it 
 upon them, or other Courts, or other magistracy, and then they 
 are altered only to that extent. 
 
 . this Code. 
 
100 
 
 PT. 1. — TIT. il — County OiioAXizATioN. 
 
 Chapter 1. — Militia Districts. 
 
 TITLE VI. 
 
 COUNTY ORGANIZATION. 
 
 (yjiAiTEU 1. ^Militia Districts. 
 
 CiiAiTKR 2. Incorporation of Counties, County Contracts, &c. 
 
 Chaitkk 3. County Revenue. 
 
 Chaptkb 4. County Officers not before specified. 
 
 (yHArTKK 5. Kouds, Bridges, Ferries, Turnpikes, i%c. 
 
 Chai'tku ♦). The County Poor. 
 
 CHAPTER I. 
 
 MILITIA DISTRICTS. 
 
 Sectiox. , 
 
 45H. Counties divided into Militia Dists. 
 
 454. Districts to remain the same. 
 
 455. Must contain a Captain's Company. 
 
 456. How laid out or changed. 
 
 457. Survey and compensation therefor. 
 
 Section. 
 
 458. Proceedings to be recorded. 
 459.. To be transmitted to the Governor. 
 4G0. Elections to be ordered by Clerk. 
 4G1. Officers not removed by making. 
 4G2. Not to affect pending suits. 
 
 pony. 
 
 connties cH- §453. Eacli couuty of tliis State is divided into Militia Dis- 
 MintiaDis- tricts, according to their respective territory and population lia- 
 ble to bear arms. 
 DiBtricuto ^454. Such districts as at present organized, are to remain 
 
 rtmain, ic. " . _ ^ . , 
 
 the same, until changed in the manner hereinafter prescribed. 
 MuBtcon- §455. Each district liereafter organized or chano-ed, must con- 
 
 Uln a Cap- '^ f & J 
 
 tain's Com- taiii, witliiii its limits, at least as many persons resident at the 
 time of the organization, liable to Militia duty, as are necessary 
 to form a Captain's Company, according to tlie Militia, laws, and 
 in its formation, nnist not leave any older district with a less 
 inun])er. 
 
 ^45ti. AVhenever it may be necessary and expedient to lay out 
 a new Militia District, or to change the lines of old ones, the 
 Justices of the Inferior Court may, at any time, appoint three 
 Commissioners, citizens of the district or districts from which 
 it is proposed to make the new district, or change the lines 
 tliereof, whose duty it shall be to lay out and define such lines, 
 and report the same to the Clerk of such Inferior Court. 
 
 §457. Sucli Commissi(mcrs have authority to engage the ser- 
 vices of a competent Surveyor, to assist them in their duties, wdio 
 shall be paid for his services out of the County Treasury, the 
 
 How laid 
 out or 
 changed. 
 
 Survoy an I 
 comiionsa 
 tlon thero- 
 for. 
 
PT. 1.— TIT. 6.— County Organization. 101 
 
 Chapter 1. — Militia Districts. 
 
 same compensation County Surveyors have for similar services 
 rendered a citizen. 
 
 H58. If the Inferior Courts approve their report, they si i all Proceeding* 
 
 "^ ^ '■ . . J, recorded. 
 
 have all proceedings in the matter entered on their minutes, after 
 which the district laid out, or line changed or defined, shall be 
 known and regarded accordingly. 
 
 §459. It is the duty of such Clerk, if a new district is laid Proceedings 
 
 , ^ , J . to be trans- 
 
 out, to transmit, instanter, to tlie Crovernor, such proceedings mitted to th« 
 
 11 • ^ ^ 1 IT 11' I''' Goveinor, 
 
 from their minutes duly certmed, and to publish them tor thirty and adver- 
 
 •^ '■ '' tised thirty- 
 
 days, at the door of the Court-house, and in the public gazette li^.v*- 
 
 where they do their official advertising. 
 
 §460. As soon as such is done, such Clerk must immediately cierk must 
 
 order an election for the requisite number of Justices of the election for 
 
 tTusticos «fcc. 
 
 Peace and Constables, (for such district,) after advertising the 
 same for thirty days, in three of the most public places of the 
 new district. 
 
 §4G1. If, in laying out a new district, or in changing the lines Making or 
 of old districts, the residences of Justices of the Peace, or Con- Districts 
 stables, elected are included in the new district, or cut off from move offi- 
 the district, for which they were elected, they have authority to 
 discharge tlieir duties for the district for which they were elected, 
 until their terms of oflice expire, and their successors in such 
 district are qualified, unless elected to the same oflice in the new 
 district to which they are eligible. 
 
 § 462. Suits pending in any Justices' Court, must not be changed ]?°*'g^j^j"g *^' 
 because the residence of a defendant is included in the new dis- 1'^'^'^'^- 
 trict, or cut oflf into another district; but tliey must proceed as 
 thousrh no such change had been made. 
 
 ClIAPTEE II. 
 
 INCORPORATION OF COUNTIES, COUNTY CONTRACTS, PROPERTY AND 
 
 CLAIMS. 
 
 Section. | Section' 
 
 463. Each county is a body corporate. | 472. Injuries to public building."?, A-c. 
 
 464. Suits against a count}'. 
 
 465. Contracts with the Inferior Court. 
 
 466. Grants, deeds, Ac. 
 
 467. Property of the county. 
 
 468. County buildings — by whom erected. 
 
 469. Preservation of buildings, Ac. 
 
 473. Dimensions A construction of Jails. 
 
 474. Tax — by whom levied. 
 
 475. On faihire to levy such tax. 
 
 476. Public buildings, A'c, to be inspected. 
 
 477. Duty of the Judge. 
 
 478. Claims against the county. 
 
 470. Occupancy of rooms in Court-house. 479. Must be presented in twelve months. 
 
 471. Court-hou.ses. Jails, Ac. | 480. Judgments again.st the county. 
 
Ki2 PT. 1.— TIT. (1.— Corx-n- Okt.axization. 
 
 Chapter 2. — InooriK.ratim ih, Property and Claims. 
 
 Eftcheonntj §4(53. Evefv ctniiity wliich has been, or may be established in 
 ooqwrnv. this State, is a h<»(ly corporate with ]>o\ver to sue or be sued in 
 
 any Court. 
 
 saiuTt^ §464. Suits against a county must be against the Interior 
 
 ^<" .. Oiurt, and i)ersonallv served on the Clerk of such Court, who 
 
 must make an entry thereof on his minute's, and suits l)y tlie 
 
 county must be in the name of the Inferior Court. 
 
 contncu §405. All contracts entered into bv the Justices of the Infe- 
 
 wiU> the In- . -^ • i i • , i ' i . ,. i i 
 
 feHor Court nor Court, witli <tther i>ersons m bchalt oi the countv, must he 
 
 matt br In . , , * . 
 
 writing. in writing, and entered on their minutes. 
 
 Tu^t mii-)e §4»W!. All deeds, conveyances, grants, or other instruments, 
 flTofUie" *^ which have been, or may be made to any officer or person for 
 *"'^'' tlie use and benefit of the county, vests in such county the title 
 
 as fully as if made to such county by name. 
 The.Tu8ti.-o8 §407. The Justices of the Inferior Court liuvc the control of 
 
 of the Info- ., 1 1 • 1 
 
 rior Court all propertv beiongini' to the countv, and mav, by order, to be 
 
 contrul the ± i. ^ r^ r> . ■> ., 7 * ^ 
 
 r^pcrty of entered on their minute.s, direct the disposal of any real property, 
 which can lawi'ully l)e disposed of, and appoint a commission to 
 make titles thereto, and the conveyance of such commission in 
 accordance with such order, vests the grantee or vendee with the 
 title of the county. 
 S^^\' §*i''^- The countv buildin<xs are to be erected and kciit in 
 
 bjr whom order and repair at the e.\i>ense of the countv, under the direc- 
 
 •rocted, itc ... . - 
 
 tioii of such .Justices, who are authorized to make all necessary 
 contracts for that i>urpose. 
 Duty of the § 4G«.>. It is tlic dutv of the .Justices of the Inferior Court to 
 
 Justices of _ ^ 
 
 theinf.rior crcct or rcjtair, when necessarv, their resiiective Court Houses, 
 
 Court In re- _ -^ • -l ' 
 
 puu"c\"iiM-""*^ Jjiils, and all other necessary county l)uildings, to furnish 
 1;^^^''"'^ '■^- each with all the furniture necessary for tlie different rooms, 
 ollices or cells, and to ]>rocure a tire-proof safe or safes, sufficient 
 to hold at least all the minute books, and books containing re- 
 cords of judgments, books of officer's bonds, all recognizances, 
 the Ixtnds of administrators, and guardians, the record of wills, 
 and of a])praiscmcnts and sales, unless the Court House has a 
 tire-proof vault; such books and })a])ors, and all others that can, 
 must be j)laced in such safes or vaults at nii^lit or wlien the offi- 
 cers are absent. 
 Rooniiin §47<). Sucli .Justices shall designate the rooms in the Court 
 
 the Court -^ , • 1 1 1 ■ 1 n^ 
 
 Uon»e. House to be occujued l)y each ot the; county omcers, and enter 
 the same on their minutes, which they may change from time to 
 time aj» convenience may re<piire. 
 
PT. 1. — TIT. 6.— County Organization. 103 
 
 Chapter 2. — Incorporatiou of Counties, County Contracts, ' Property and Claims. 
 
 to 
 build- 
 
 §471. Tlie Court Houses, as well as Jails, the public grounds, court ^^ 
 and other county property, are placed in the keeping of the "l^^^J^^^f 
 Sheriffs of the respective counties, subject to the order of such "f^tho^^ 
 Justices, and it is their duty to preserve them from iujury or 
 waste and to prevent intrusions upon them. 
 
 § 472. If any person designedly destroy, injure or deface any ^^^^f^^^^ 
 of the ])ublic buildings, the appurtenances thereto, or the i'^^i'^'^i-i"f,^'j*n7 
 ture inside, or shall use either for any indecent purpose, such isiied. 
 person shall be guilty of a misdemeanor, and on conviction be 
 lined, or imprisoned, or both, at the discretion of the Court, be- 
 sides being lial)le for the damages. 
 
 8 473. The County Jails hereafter constructed must be of suffi- nimonsions 
 
 o J _ and con- 
 
 cient size and strength to contain and keep securely the prisoners ?^r,^^'="°° ^^ 
 and debtors which may be confined therein, and must contain at 
 least three apartments, properly ventilated, so as to secure the 
 health of those confined therein one for debtors, one for crimi- 
 nals, and one for females. 
 
 §474. The Justices of the Inferior Courts of the several f^-^un- Jj!'^;|'T"stic« 
 ties have the power to levy an extra tax sufficient to carry ii^to j'^'^^^^^'I'J'^!'^*^^ 
 effect sections 4G8 and 460, without a recommendation ])y the^^''- 
 Grrand Jury, whenever the necessities arise. 
 
 §475. If such Justices fail to comply witli the recjuirement of 
 said sections, or to levy the tax, or levy an exorbitant tax, orpnfaiiuroto 
 
 ■•''•' ' levy nil extra 
 
 levy one wlien unnecessary, their conduct maybe reviewed by <:^>;"'""'"id!i- 
 
 "^ «' ' • " nuis may 
 
 the Judge of the Superior Court, by mandamus or injunction, i*^'"'- 
 as tlie nature of the case may re([uire, at the instance of any tax 
 payer of the county. 
 
 §470. It is the duty of the (irand ffuries to inspect all the or.ind Ju- 
 public buihlings and other property of the county, and the sPot^ilIlwio 
 county records, and to report in their general presentments their n'-c.ni^ !vc. 
 condition, and if they report that such Justices have failed to 
 comply with the law, touching the same, it is the duty of the 
 Solicit(.»r General of the circuit to commence proceedings against 
 them, tliat they may be compelled so to do, if they do not in 
 good faith comply by the next term of the Superior Court. 
 
 §477. The Judges of the Superior Court shall, when neces- p,„y. „, ,ij« 
 sary, call the attention of the Grand Jury to the duties required '^;|j'„>i;,r*^^ 
 of such Justices in this chai)ter. ^ *'"'"'■ 
 
 §478. Such Justices must audit all claims atrainst tlieir res]>ec- -iii.cinim* 
 
 " f^ i ii;.'!iinst tuo 
 
 tive counties, and every claim or such part thereof, as may ^^^^mutU"'^" 
 
104 
 
 PT. 1. — TIT. 6. — County Organization. 
 
 Chapter 2. — Incorporation of Counties, County Contracts, Property and Claims. 
 
 i. 
 
 allowed, must be reiji stored , and the Clerk of said Justices must 
 ffive the claimant an order cm the Treasurer for tlic amount. 
 MuBtbcpre- 8470, All claims against counties must be presented Avithin 
 
 Rented with- ^ ^ i i i 
 
 twelve montiis after they accrue or become payable, or the same 
 are barred, unless held by mint»rs or other persons laboring 
 under disabilities, who are allowed twelve months after the re- 
 moval of such disability. 
 
 §4S(>. The private pro])crty of the citizens of a county shall 
 
 in twelve 
 month 
 
 Jndinnents 
 
 ^nTv.^hownot be bound by any judgment obtained against the county, but 
 such judgment, if binding, shall be satisfied from money raised 
 bv lawful taxation. 
 
 CHAPTER III. 
 
 COUNTY REVENUE. 
 
 Article 1. From Taxation. 
 Article 2. From other sources. 
 
 ARTICLE I. 
 
 FROM TAXATION. 
 
 Section'. 
 48 L Ta.x for county purposes. 
 
 482. Duty of Justices Inferior Court. 
 
 483. Failure of Grand Jury to recommend. 
 
 484. "When tliere are several Grand Juries. 
 
 485. Creditors of the county. 
 48G. Objects of a county tax. 
 
 487. When debts exceed amount raised. 
 
 488. The order must specify the object. 
 
 489. Must be advertised for ;!() days. 
 400. Specific taxes. 
 
 Section*. 
 
 491. IIow entered, collected, and paid out. 
 
 492. Collector's foes and liabilities. 
 
 493. Payment of county tax, &c. 
 
 494. Persons holding county tax. 
 
 495. Failing to pay, execution may issue. 
 49G. Illegality — when — how tried. 
 
 497. Persons borrowing county funds. 
 
 498. Fi. Fa. or Ca. Sa. may issue. 
 490. The Inferior Court may remit. 
 
 Tax for 
 county pur 
 
 §481. Tlie Justices of the Inferior Court have power to raise 
 nose^lww a tax for county purposes, over and above the tax they are here- 
 inl)efore empowered to levy, and not to exceed fifty per cent, up- 
 on the amount of the State tax for the year it is levied, provided 
 of Grand ju- two-thirds of the Grand Jury at the first or Spring Term of their 
 
 ry must re- . . i o 
 
 commend, rcspcctive couutics recommeud such tax. 
 
 Duty of Jus- §482. It is the duty of such Justices to see tliat by the time 
 
 orCourt!^"^ of the Organization of such Grand Jury, they shall have prepar- 
 
PT. 1. TIT. 6. — CHAP. 3. — County Organization. 105 
 
 Article 1. — From Taxation. 
 
 €d by their County Treasurer, under their supervision, a state- 
 
 ■,. . n ^ J ,^ i. County 
 
 ment of the financial condition of the county, and tlie amount Treasurer. 
 of tax required to discharge the county liahilities for that year, ^.^^^^._^^ 
 which shall be by tlie Treasurer presented to the Foreman of the ^onduion of 
 Grand Jury, on tho fii*st day of Court, for inspection by that '^<^^- 
 body. 
 
 §483 If from any cause such Grand Jury is not em ] )aiielled, u the Grand 
 
 o •' " , „ Jury fail to 
 
 or they adjourn without taking any action thereon, or they retuse ^commend 
 to make such recommendation sufticient to discharge any judg-" 
 ment that may liave been obtained against the county, or any 
 debt for tlie payment whereof there is a mandamus, or the ne- 
 cessary current expenses of the year, sucli Justices may levy the 
 necessary tax -without such recommendation. 
 
 §484. When there are several Grand Juries empanelled dur- if there i.« 
 ing such term, the recommendation of either panel shall be suf- brand Ju- 
 ficient authority, but it there are counter presentments on the 
 subject, it shall be as though there had been an entire failure to 
 report thereon. 
 
 §485. The ridit of a creditor of a countv to compel such tax creditors of 
 
 o o , . the county 
 
 levied, or of a tax payer to resist it, is the same as set forth m ami tax pay- 
 section 475, touching tax for building. 
 
 §486. County taxes shall be assessed for the following P"i'po- I^J;;*^?^^'^ f 
 
 Ses:— ' county tax. 
 
 1. To pay the legal indebtedness of the county, due or to be- 
 come due during the year, or past due. 
 
 2. To build or repair Court Ilouses or Jails, bridges or ferries, 
 or other public improvements, according to the contract. 
 
 3. To pay Sheriffs, Jailors, or other officer's fees, that they may 
 be legally entitled to, out of the county. 
 
 4. To pay Coroners all fees that may l)e due them by the coun- 
 ty for holding inquests. 
 
 5. To pay the expenses of the county for Bailiffs at Courts, 
 non-resident witnesses in criminal cases, fuel, servant hire, sta- 
 tionery and the like. 
 
 G. To pay Jurors, mIicu by the local law they are alhnvcd a per 
 diem compensation. 
 
 T. To pay expenses incurred in supporting the poor of the 
 county, and as otherwise prescribed by this Code. 
 
 8. To pay charges for educational purposes, to be levied only 
 in strict compliance with the law. 
 
 0. To pay any other lawful charge against the county. 
 
106 PT. 1.— TIT. 6.— CHAP. 3.— Coukty Organization. 
 
 Article 1. — From Taxation. 
 
 •When debu § 487. Wlicn debts have accumulated against tlie county so 
 •mount rai»- that ouo hundred per cent, on tlie State tax, or the amount 
 
 ed by tAxa- * 
 
 tion, iic specially allowed by local law, cannot pay the current expenses 
 of tlie county and the debt in one year, they shall be paid off as 
 rapidly as possible, at least twenty-live per cent, every year. 
 
 Tbe ordor § 4S8. As soou as the county tax is assessed for the year, it 
 
 must »pccl/y *' . . 
 
 the object, shall be done bv order of such Justices and entered on their min- 
 
 pcr cent • 
 
 bis^nu!??d ^t^'^? which must specify the per cent, levied for each specific 
 ute^"*™'" purpose. The assessment applies to every species of value or 
 
 specifics which is taxed by the State. 
 Tho order to § '^S''^- The Clcrk of tlic Inferior Court must advertise, imme- 
 cdUiirty * diately, a copy of such order for thirty days, at the door of tlie 
 cierf' "^ Court House, and in a public gazette, if one is pu])lished within 
 the limits of their respective counties, and furnish the Tax Col- 
 lector with another copy, and if he fails so to do, shall be fined 
 by such Justices not less than fifty dollars. 
 Taxo8 for a § 490. Taxcs raiscd for educational purposes, or the support of 
 purpose'. the poor, or any other specific purpose, must be used for such 
 
 })urpose respectively, and none other. 
 How enter- §-i91. All taxcs SO Icvicd for couutv purposes must be assessed 
 
 ed, collected, i rn t> • i i i ,• " i in i i 
 
 and paid out. upon the i ax iveccivcr s books lor each year, and collected by 
 the Tax Collector, who shall pay the same to the County Treas- 
 urer, except educational tax, which shall be paid to the Ordinary. 
 Collector's §402. Tlic Tax CoUcctor sluiU Ije allowed the same comniis- 
 biiity. sions and fees for such collections as they are allowed by law for 
 the collection of the State tax, and are liable to the same fines 
 and forfeitures for any default or improper conduct. 
 
 Payment— §403. Any otlicr remedy or right allowed bv law for the en- 
 how cnforc- ,. . 1 1 • 1 "^ I' 1 'c^ • 1 
 
 od. lorceuient oi the collection and pajmient ot the State taxes, either 
 
 by the Comptroller General or Tax Collector, may be used for 
 the county taxes by the Justices of the Inferior Courts, 
 howrn"'* §404. Such Justices shall also have authority to compel all 
 
 compeii^a^o persons, their heirs. Executors or Administrators, wlu) have, or 
 J^^"^'*'"'^"nniy have in their hands any county money, collected lV)r any 
 
 county purpose whatever, to pay over the same. 
 On failure to §405. Oil failure to pay the same, such Justices shall cause 
 
 pay, execu- •, . y-,, i . • • • ^ i i • 
 
 tion may tticir l^lcrk to issuc cxecutioiis against such persons and tlieir se- 
 curities, if any, for the full amount a})pearing to be due, as the 
 Comptroller (Jcneral issues executions against defaulting Tax 
 Collectors, 
 
 §40G. If such execution shall issue for too much, or if defen- 
 
 IBBUe. 
 
PT. 1.— TIT. 6.— CHAP. 3.— Com^TY Okganization. 
 
 107 
 
 Article 1. — From Taxation. 
 
 dant denies, on oath, owing any part thereof, he may, by filing incfraiity— 
 an aflidavit of illegality, according to the rules governing other groiids. 
 illegalities, cause an issue to be formed thereon, which shall be ^^ 
 
 , ' when and 
 
 tried by a special jury at the first term of the Superior Court ^""^ ^'''*^ 
 thereafter, 
 
 § 497. The provisions of tlie foregoing four sections are appli- ah persont 
 cable to all persons and their sureties, who may borrow, or pre- mone^bf- 
 tendedly borrow, any county money from any person having cus- the^ountj 
 tody thereof, and shall be, in all respects, held as holders of coun-Sprece- 
 
 ■ !• J dins; soc- 
 
 ty tunds. tions. 
 
 §-1:98. "Wliere the Justices of the Inferior Court are authorised ^i- A- or 
 to issue j^./rts., they are also authorized to issue ca. S(is. on tlie '*«"«•' ""'^ 
 same terms as other plaintiffs. 
 
 § 499. In all cases where persons have been overtaxed, or for Tho ,Tnstice« 
 any other cause taxes are claimed to be remitted, refunded or in tLTcIuh' 
 any manner claimed against, the Inferior Court shall be author- thf county 
 izcd to hear and determine such application to the extent of the*""" 
 interest of the county therein. 
 
 AKTICLE II. 
 
 FROll OTHER SOURCES THAN TAXATION. 
 
 Sectiox. 
 
 500. Sources of tho County Revenue. 
 
 501. Retail Licenses, Shows, etc. 
 
 502. License issued for one year. 
 
 503. Retailing si:)irits without license. 
 
 504. Exhilntiug shows, &c. 
 
 505. Peddlinp: without hcense. 
 
 50G. Tax-payer may demand a license. 
 
 Section. 
 
 507. Violations of preceding sections. 
 
 508. Duty of Clerk in relation to sliows. 
 
 509. Special defence — how made. 
 
 510. Damages against defendants. 
 
 511. Not to interfere with Penal Code. 
 
 512. Money raised — liow appropriated. 
 
 513. The Clerk failing to pay over money. 
 
 §500. All sums wliicli are paid into tlio Countv Treasury forSom-cceof 
 
 i-l,^ .(*^11^ ■ i 1 „ , " county reye- 
 
 tiie lollowiug accounts, make a part of the county revenue viz • ""^ "t^'^'- 
 
 1 T7< i 1 , 1 • 1 1 ,. ' * U'-""! by tax- 
 
 i. roY Tiie autliorized sale oi any county property, unless oth-*"°"- 
 cinvise directed. 
 
 2. For the rent or liire of any county property, 
 
 3. For shows or exliibitions. 
 
 4. For licenses to sell spirituous liquors in any quantities. 
 
 5. From estrays. 
 
 6. From licenses to peddle. 
 
 7. From any otlier sources. 
 
108 PT. 1.— TIT. 6.— CHAP. 3.— County Organization. 
 
 Article 2. — From other Sources. 
 
 E«taiiii- §501. The countv charges for sncli licenses are as follows: 
 
 censes, exhi- " , . ' "^ 
 
 waonsand To retail 8i»iritiions liquors, $25 00 
 
 To sell spirituous liquors, not by retail, in <juantities less 
 
 than one gallon 5 00 
 
 To peddle witliin the county, uidess otherwise provided 
 
 by the Inferior Court under the law 50 00 
 
 To exhibit sh<»ws with horses, 10 00 
 
 To exhibit animals, beasts and the like, 10 00 
 
 To exhibit pictures or figures, 5 00 
 
 To exhibit any other show, not less than $5, nor more tlian §25, 
 
 as the Justices of the Inferior Court may order. 
 To exhibit theatricals, or musical entertainments, for profits to 
 the proprietor, not more than §5 on each exhibition, and sub- 
 ject to contract with the Court. 
 LicenBCB,ex- S 502. All such licciises, except exhibitions, are for the term of 
 
 cent for ex- ^ ,. ' ^ ,. . ' ,. 
 
 hibitions, is- one year, extending to the county Imnts: but license to retail or 
 
 eueforone ,, . . ,. ^ .„ . "^ . 
 
 year. sell spirituous liquoi's. Will only authorize, either by the person 
 
 in whose name it issues, or his clerk, to sell at some one lixed 
 place in the county, which must be sj^ecified in the license, 
 without u- § ^^^- ^^ ^^^y Person retails or sells spirituous liquors, without 
 cense. jj^st obtaining such license, or, having obtained it, sells at any 
 other or more places than the one fixed in the license, or trans- 
 fers it, and allows it used by any other person tlian liimself, or an 
 authorized clerk, he forfeits to the county, for each violation, 
 twenty-five dollars, 
 xhibiting 8 504. If auv person exhibits anv show, without first obtaining 
 
 shows, Ac, IT "^ , ., . , t'.v, . . I'll 
 
 without li- such license, or exhibits a show dmerent from that lor which he 
 
 cense. 
 
 obtained license, he forfeits to the county tliree times the cost of 
 license for each exhibition. 
 Peddling § 505. If any person peddles without first obtaining such li- 
 
 eense. ccusc ill couiities wlicrc the Justices of the Inferior Court take no 
 action regulating peddling, he forfeits to the county one hundred 
 dollars for the first act of peddling, and for each month thereaf- 
 ter, twenty-five dollars more. 
 AnyTnx- §506. Ally Tax-pavcr of a couiity may call ui)ou any person 
 
 payer may . • /• "^ • • i • i -i • i i • i 
 
 demand ft )i- 111 pursuit oi any occupatioii lor wliicli a license must be obtained, 
 to exhibit his license, and if he fails so to do, it shall be siifiicient 
 grounds, on making affidavit of the fact, to cause such forfeiture, 
 and if, on investigation, it appears that he has such license, he 
 forfeits the sum often dollars and costs. 
 
 § 507. If any Justice of the Inferior Court, or Clerk thereof, of 
 
PT. 1.— TIT. 6.— CHAP. 3.— County Oeganization. 109 
 
 Article 2 — From other Sources. 
 
 their own knowledo-e, knows of the violation of the foregoino; violations of 
 three sections, or it any person will make amdavit ot sucii tact, ding sec- 
 it is the duty of the several Clerks of the Inferior Courts of this punished. 
 State, unless they know to the contrary, to issue a process directed 
 to all, and sinn-ular the Sheriffs and Constables of this State, for c^i'^^k to is- 
 
 ^ , , . sue process. 
 
 the amount of such forfeit, commanding them to levy on suffi- 
 cient of the property, real or personal of the defendant, to satisfy Levy, sale, 
 tlie same and costs, and to levy and sell the same as in case of 
 attachments, and in default of tinding goods enough for such 
 purpose, to arrest such defendant, and him safely keep as in 
 cases of persons arrested under ca. sa. / such process must be re-J^^t^j*^"^ 
 turned to the Court from whence it issues. 
 
 §508. If any show is on exhibition in any county without the Dutr of the 
 license re(piired, it is the duty of the Clerk of the Inferior Court, inferio" 
 instanter, to place such process in the hands of such officer, aTidiationto 
 if, on presentation, the license fee required, and all costs are in- 
 stanter paid, it shall discharge the same, but not otherwise ; but 
 if such course is not taken, it is no waiver of such forfeiture. 
 
 § 509. Persons against whom such process may issue may ar- Persons pro- 
 rest the same by swearing that they have not violated the law, .^gainst may 
 on account of which process has issued, and by otherwise com- 
 plying with the provisions of the section against persons hold- 
 ing county funds, and which shall be returned and tried in the 
 same manner. 
 
 §510. If on the trial of such issue the jury who tries shall be-mmagcs 
 lieve that such affidavit was tiled for delay only, or is without rSnts!''' 
 any excuse to sustain it, they shall so state in their verdict, and 
 if they so iiiul, the defendant shall pay twenty-five per cent, ad- 
 ditional. 
 
 §511. The penalties and forfeitures herein before set forth are Not to inter- 
 net to interfere with any provision of the Penal Code, that is or ivnai'code! 
 may be enacted, making such acts penal. 
 
 §512. The moneys arising from such licenses are to be paid to Money how 
 the County Treasurer, to be used for county purposes, but one- ateT^'" 
 half of moneys arising from forfeitures go to the informers, 
 
 § 513. When any Clerk of the Inferior Court shall neglect to Proceedings 
 pay over to the County Treasurer, if he is not County Treasurer, SftopV 
 or shall retain in his hands any money collected on account of "« his handl 
 the county or belonging thereto, the Justices of the Inferior 
 Court may compel him to do so by rule at any time, and if he 
 then fails so to do they may issue fi. fa. against him and his 
 
110 
 
 PT. 1.— TIT. C— CHAP. 4.— Cc.uNTY Okgaxization. 
 
 Article 1. — County Treaaurers. 
 
 securities as against defaultiiiir t;ix collectors, and the proceed- 
 ings then and afterwards shall in every respect be the same. 
 
 CnAPTEIl IV. 
 
 ODUNTY OFFICKRS NOT IIKRKIN BEFORE SPI-XIFIED. 
 
 Akticlk 1. County Treasurer. 
 Akticle 2. County Surveyor. 
 Aeticle 3. County Coroner. 
 
 ARTICLE I. 
 
 COUNTY TREASURERS. 
 
 Sectiox. 
 
 514. I'jlection and term of office. 
 
 515. Tailuro to elect at a regular time. 
 
 516. When such election should bo held. 
 
 517. Mu.st gi%'e bond and take an oatli. 
 
 518. Term of office. 
 
 519. Vacancies how filled. 
 
 520. Qualifications. 
 
 521. Clerk being appointed TrcaBurer. 
 
 522. Oath of tlie County Trea.surer. 
 
 523. Amount of his bond. 
 
 524. Appointees to fill vacancies. 
 
 525. County funds by whom received, &c. 
 
 526. Ilis office — where kept. 
 
 527. Treasurer's duty, <fcc. 
 
 528. His duty in making payment.'. 
 
 Section'. 
 
 529. Books to be furnished. 
 
 530. Books, &c., where deposited. 
 631. Debts of coimty, what order paid. 
 
 532. County orders — when payable. 
 
 533. Persons holding orders. 
 
 534. Orders not paid for want of fund.«. 
 I 535. County orders negotiable. 
 
 i 536. Treasurer shall not purchase. 
 I 537. Bu3-ing at a discount, Ac. 
 
 538. Clerk failing to render a statement. 
 
 539. Duty of the Treasurer, &c. 
 
 I 540. Both offices held by same person. 
 
 541. Trca.surer failing to pay over. 
 
 542. Must turn over books, &c. 
 
 I 54:s. Final settlement on retiring. 
 
 County 
 
 §514. County Treasurers are annually on the second Monday 
 2'o^^*c"p'y'(~j in January aj^pointed by the Justices 'of the Inferior Court of 
 mo^"^ "'each county, except every fourth year, when there is a regular 
 
 election for such Justices, when it must bo done as soon after 
 
 their qualification as possible. 
 Justices of §515. If there arc not as many as tlirec of such »Iustices in 
 (^mrtfaiungcomniissioii, who meet at the time designated for such appoint- 
 to attend, jj^gj^^^ j|. j^^j^y ]jy adjourned from time to time until there are at 
 
 least three present. 
 When the §510. Sucli appointment should take place as long as possible 
 SonMbo*" before the first session of the Sujjcrior Courts in each county 
 
 made. , 
 
 lor the year. 
 Must take an ^^^^- ~^^ appointment is effectual until bond and security is 
 g?vo M given and the oath of office taken. 
 
PT. 1.— TIT. <;.— CHAP. 4.— County Okgaxization. Ill 
 
 Article 1. — Coimtv Treasurers. 
 
 §518. When once appointed or elected, and qualified, tliev May be re- 
 
 1 1 1 1 • n-' •IT- TH T 1 " moved from 
 
 hold their oinces until their successors are qualihed, unless office, and 
 sooner removed, and tliej may be removed in the same manner 
 that Clerks of the Superior Courts may be, to be judged of by 
 the Justices of the Inferior Court, unless elected by the people, 
 and in that case by tlie Superior Court. 
 
 §519. Vacancies are filled by the appointment of such Justices, ^o"^2n^ 
 'whether the Treasurei*8 are originally elect-ed by tlie people or 
 appointed by them. 
 
 §520. No other conditions of eligibility arc recjuired save those uis qnaUfi- 
 that apply to all otlier oflicers, l)ut no other oflicer can be 
 County Treasurer except a Clerk of the Inferior Court. 
 
 §521. When a Clerk of the Inferior C<;)urt is thus elected orThocierkof 
 appointed, he shall take the oath and give the bond required of aconrt being 
 
 /-I m 11 • ■ ' 1 ■ m 1 ;ipi)ointcd 
 
 Countv Ireivsurer, but the securities on his Ireasurers bond Treasurer 
 
 1 n i" Tji- • 1 1 • /-n 1 1 1 1 1 must take an 
 
 shall be dmerent ironi tliose on ins Clerk s bond, unless they are "•.'"> "'"i 
 clearly able to satisfy both. His oath of office must be entered The oath and 
 on the minutes of the Inferior Court and filed in the office of the be^rUorded. 
 Ordinary, and his official bond must l>e filed and recorded in 
 said office. 
 
 § 522. County Treasurers before entering on the duties of The form of 
 their office, besides the oath required of all civil officers, must*'*'*"' 
 take the tV>llowing oath, viz : " I, , do swear I will faith- 
 fully collect, disburse and account for all monies or other effects 
 of the county, and otherwise faithfully discharge all the duties 
 required of me bv law, a.s Countv Treasurer. So help me 
 God." 
 
 §523. They shall also within ten days from their election or Amount of 
 appointment, give a bond payable to the Justices of the Inferior "* 
 Court of the county with securities to be by them approved, in a 
 sum which in their judgments will be double the amount of 
 the county tax for the ensuing year, receipts from other sources 
 and cash on hand. 
 
 § 524:, The bonds of appointees to fill vacancies sliall be like- Appointees 
 wise in their discretion, taking into consideration the amount des mnsr° 
 that may come to their hands and for double such amount. ^'"^ 
 
 §525. All county funds are to be paid to and disbursed by theconnty 
 County Treasurer, except such as may be specially excepted by ^vhom re- 
 law, and then to be collected and disbursed as specially directed. P'^'d out. 
 
 §526. He must keep his office at the County Site, or at some ^^^•'^'^j.^ ^ 
 place within one mile of the Court House. 
 
112 PT. 1.— TIT. «;.— CHAP. 4.— County ORGAiozATioN. 
 
 Article 1. — County Treasurers. 
 
 Duty of th« §527. It is their duty — 
 
 TftiMiirertn 1. To dilijjentlv collect from all officers and others all county 
 
 •ollecUng. , 
 
 dues. 
 
 2. To exainiue tlic luinutes and execution dockets of tlie dif- 
 ferent Courts of the counties, to demand and receive all monies 
 appeariiii^ to be due tliereon, and to institute proceedings against 
 defaulters. 
 Duty.-f .'3. To i)ay without delay, when in funds, all orders, ac- 
 
 •ivJiiiu^ror In cording to tlioir dates, (or otlier debts due) and when not in 
 
 poying out. . , ' 1 • ,• '11 
 
 hinds as lieremaiter prescribed, 
 Mumuiu 4. To take a receipt on each order wlien paid and carefully 
 nle it away. 
 
 5. To keep a well ]>ound book in which shall be entered all 
 
 receipts, stating when received, who from, and on what account, 
 
 and all amounts paid out, stating when paid, to whom, and on 
 
 what account. 
 
 shikii keep a ^' ^^ kcc}) a woll ])ound book in whicli shall be entered a full 
 
 iSSebtc"!-^''*' description of all county orders, or other forms of indebtedness, 
 
 co^t"/. ''"^ as they are presented, to record a copy of the orders of the 
 
 Inferior Court levying county taxes. 
 Shall exhibit 7. To exhibit to the first Grand Jury at the first session of the 
 the Grand Supcrior Court of each year, a full statement of the condition of 
 A statement tlic Couiity Trcasuiy up to that time, and on the second Monday 
 rjr funds""] in January annually to file with the Clerk of the Inferior Court 
 the Clerk' of a fuU Statement of his account, accompanied by his vouchers for 
 Court. the i^receding year, together witli his estimate of the indebted- 
 ness of the county for the ensuing year, and the means of pro- 
 viding therefor, and to place his books before either of said 
 bodies for examination when called upon. 
 
 8. To appear before either of said bodies to render an account 
 
 (jf his actings and doings as County Treasurer, and to exhil)it 
 
 his books and vouchers whenever ratified, v ;• "^ ■ ■ ^ 
 
 Annnai 9, To pubHsli at the door of the Court House, and in a public 
 
 btfadvor- " gazette, if there is one published in the county, a copy of his 
 
 annual statement to the Justices of the Inferior Court, 
 nook.^ &c„ §528. All books and stationery the County Treasurer may re- 
 nished at quirc luust bc fumishcd at the expense of the county. 
 Books, § 52i). When the books of such Treasurer are full, they, to- 
 
 Ic"I.wht'n gether with the vouchers or other files relating thereto, or 
 eposi cc. (.Qjjj^gcted with the office, must be deposited in the office of the 
 
PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 113 
 
 Article 1. — County Treasurers. 
 
 Clerk of the Inferior Court and afterwards be part of their 
 records. 
 
 §530. When there are funds enonirli to pay all outstanding The order in 
 orders and other forms of indebtedness due, which the Treasurer '^^^u of Ihe 
 
 „i ii'ii ,1 •. .-..,.. county shall 
 
 may be authorized to pay, they may be paid indiscriminately ^^ i'«d. 
 without regard to their dates; wlien tliere is enougli to pay ail 
 dated anterior to some particular dates, all sucli mav l)e likewise 
 paid indiscriminately ; when there is not enougli to pay all of 
 equal degree, they shall be paid rateably; under all other cir- 
 cumstances they shall be paid in the order of their dates. 
 
 §531. Xo order shall be paid until after Hn'o days from itsconntyor- 
 date and delivery, unless otherwise specially ordered, that the JaiT'''"'" 
 Clerk of the Inferior Court may I'uniish in the meantime the 
 County Treasurer with a full statement of all orders issued, 
 which shall be by him immediately registered, and when so 
 registered shall be paid according to laM* without further notice 
 to the Treasurer previous to the time of payment. 
 
 § 532. If any person holding county orders shall fail to pre- p,r,ons 
 sent them by the first day of December of each year, to the oS/or- 
 County Treasurer for payment, they shall be postponed, to alUoprescn"" 
 orders which were so presented and not paid for want of funds. ^''""■ 
 
 §533. On the iirst.day in December of each year such Trea- osiers not 
 surer shall make an entry of all orders entitled to payment, of'funur"' 
 which were not so presented for payment, and what orders not 
 of equal dignity have been paid instead, in Avhole or in part, and 
 what others are entitled to payment before such non-presented 
 orders. Persons holding such orders, who present them without 
 receiving their pay before said day, may have the Treasurer 
 annually to mark thereon ''jjreseiited,'' the day of presentation, 
 and not paid for want of funds. 
 
 §534. All county orders are negotiable by delivery or endorse- ^^^^^ ^^. 
 ment, and the endorser liable according to the terms of his £jJ""^'^so'"- 
 endorsement, as in commercial paper, but no such transfer can " "' 
 take place so as to prevent a Treasurer from setting off any sum 
 that the payee may be due the county at the date of the order. 
 
 § 535. Such Treasurer is forbid to buy up any county orders Treasui 
 r claims for less than their full par value, either by' himself fSu 
 
 ' Treasurer 
 
 or Claims tor less than their full par value, either by hiniself fS^sl or- 
 or agents, directly or indirectly, or by paying for them in pro-crnt'"''" 
 perty at an estimated value above its true value. 
 
 §536. If any County Treasurer shall thus buy up any county 
 order or claim, or refuse to pay an order when he hasfuiids to 
 8 
 
114 PT. 1.— TIT. r,.— CHAP. 4.— County Okgakization. 
 
 Article 1. — County TreasurerB. 
 
 bu^fn'^o'i?-'^ paj^the same, or illegally postpone one, he shall be removed from 
 dere at a dis- f)Q^^.g ^^y^ compluint and proof beinjr made to the Justices of the 
 
 rount, or re- i i r? 
 
 ^ng to Inferior Court, and is moreover guilty of a misdemeanor, and upon 
 
 fonviction shall be fined not less than ^100 nor more than $500. 
 
 The Clerk 8 537. If auv Clork of the Inferior Court shall fail to render in 
 
 failing to " • , 
 
 render a at tlic tiuic rcciuircd. to the Conntv Treasurer, a full statement 
 
 statement to ^ • ' ^ _ 
 
 thoTreas- of tlio couutv ordcrs as tliov arc passed, (except from Providen- 
 tial cause or unavoidable accident,) he is guilty of a contempt of 
 Court, and shall be iined not less than $100 for each failure; and 
 onednot in casc sucli Justiccs tail so to tine such (/Icrk, he is also guilty 
 ♦100. of a misdemeanor, and. on conviction, shall be likewise fined. 
 
 Dutj-ofth.- § 53S. If the Clerk is unable to render such schedule, or fails 
 the fai'rurV" SO to do Ijv tlic cud of fivc days, it is the duty of the County 
 to make"- Treasurer to examine the proper books, minutes or files of such 
 
 mrns. 
 
 Clerk, and take therefrom sucli schedule, and on failure so to do, 
 
 except from Providential cause, he incurs the same penalty that 
 
 the Clerk does. 
 
 whentheof- §539. "When the Treasurer and the Clerk of the Inferior Court 
 
 urerand are tlic samo person, separate books must be kept, the same sep- 
 
 Clerkishold , . -^ i ,. i t> mi i •» /^i i 
 
 by the same aratc dutics uiust DO pcriormed, so hir as possible, and it a Clerk 
 who IS J reasurer is removed as (Icrk, it works liis removal as 
 Treasurer. 
 county § 540. Wlion the County IVeasurer, at any time, fails to pay any 
 
 famng^to"^ order wliicli is entitled to payment, or other legal demand upon 
 monoyt'^exe- him, or to })ay any balance that may be in his hands to his sue- 
 te^ue. ■ cessor, or to the person entitled to receive it, the Justices of the sev- 
 eral Inferior Courts may issue execution against him and his sure- 
 ties for the amount due, as against a defaulting Tax Collector. 
 County § 5'il- Iri case of the resignation, expiration of the term, or 
 
 muB?turn rcmoval from office, such Treasurer, or if he is dead, his personal 
 succclw** representative must state his accounts, and deliver all the mo- 
 ** *' "^ ney, books, papers and property of the county to his successor, as 
 other ofHcers do, who must report the same immediately to the 
 Justices of the Inferior Court. 
 Final settle- § 542. Whcu such Couuty Treasurer, or his representative, 
 Wring Treas- has made a fair and full statement of all his accounts and lia- 
 ^^^' bilities as such, an exoneration of himself and sureties, together 
 
 with the details of such settlement, must be entered on the min- 
 utes of the Inferior Court, and be final except for fraud. 
 
 Note. — In many counties the Treasurer is elected by the people — see local acts aa 
 to each county, none of which aro included in this Code, or repealed by itR adoption, 
 tmless expressly mentioned. 
 
FT. 1.— TIT. 6.— CHAP. 4.— CotmxY Orgakization. 
 
 115 
 
 Article 2 — County Surveyors. 
 
 ARTICLE II. 
 
 COUNTY sitrvp:yors. 
 
 Section. 
 
 543. How elected & removed from ofiice. 
 
 544. Failing to elect at the regular term. 
 
 545. Appointed by the Court 
 54G. His oath and bond. 
 
 547. May be removed from offico. 
 
 548. One for each county. 
 
 549. ARsistant must take an oath. 
 
 550. May keep liis oflTice at liis residence. 
 
 Section. 
 
 551. General duty of County Surveyor. 
 
 552. Fees for survey.s — how paid. 
 55.3. Survey mado between counties. 
 
 554. Charges for survcj's — how contested, 
 
 555. Surveys and plats — when [evidence. 
 
 556. "When there is no County Surveyor. 
 
 557. Others acting as County Surveyors* 
 i 558. Making false survey — how punished. 
 
 § 543. County Surveyors are elected, commissioned, qualified c<innt7 snr- 
 and removed as Clerks of the Su]ienor Courts arc, and liold tlicirckct^&a 
 offices two years. 
 
 §544. In case there is a failure to elect ji person who is com- H" '^'l"* ^ 
 
 y ^ _ ^ ekctatreg- 
 
 missioned and qualified at the rep;ular time, or a vacancy occurs, "^'^ *'™^- 
 the Justices of the Inferior Court must appoint such Surveyors, 
 which appointment takes effect as prescribed in the case of Coun- 
 ty Treasurers. 
 
 §545. If a County Surveyor derives his authority from ap- if apixjinuxi 
 pointment, he needs no commission beyond the order of such Jus- uourt*ho 
 tices entered on tlieir minutes, of which appointment the Cover- Mmt^ssioa. 
 nor of the State must be informed by their Clerk without delay. 
 
 § 546. Before entering on the duties of his office, besides the iiis oath, 
 oath required of all civil officers, he must take the following: 
 
 " I, , swear that I will, to the best of my skill and 
 
 knowledge, discharge the duties of Surveyor of county, 
 
 and that I will not admeasure, survey or lay out any land in my 
 capacity as such, or knowingly permit or cause it to be done, 
 without a warrant first obtained for that purpose. So help me 
 God." He shall also, at the same time, give bond and security 
 in the sum of one thousand dollars. 
 
 §547. Whether appointed or elected, besides the causes of re- May i.o re- 
 moval, which apply to all officers, he may be removed by the theTrusuoM 
 Justices of the Inferior Court, for want of capacity, on the same rior 00^-^ 
 proceeding before them and by them to be decided, that officei-s 
 are removed in the Superior Courts. 
 
 §548. There must be one for each county, and he is empow- Must be <»« 
 ered to appoint one or more assistants or deputies, for whose con- wnnty. 
 
 May hnvo an 
 aMistant 
 
 duct he is responsible. 
 
116 PT. 1.— TIT. 6.— CHAP. 4.— County Oegakization. 
 
 Article 2. — County Surveyors. 
 
 Mast take an §549. When siu'li an as^sistant is appointed, lie mnst take the 
 (janie oath tlie Surveyor takes, and tlie tact of the appointment 
 must, at the same time, l)e entered <»n tlie minutes of the Inferior 
 Court. 
 
 May keep ^ ijhO. Tlie ("ountv Survevor mav keei>his office at liis place of 
 
 his oflicc at .,.," ,..■., ' 
 
 hisresi- abode, if Avitnin the limits (>i"the cnuiitv. 
 
 denct'. ' _ . 
 
 §551. It is his duty — 
 The duty of 1. To puDetuallv observc aiul ("irry iulo effect all such ordei^s 
 Surveyor, as lie uiav reccivc from the Surveyor General, or other officer 
 who may lawfully command him. 
 
 2. To admea.surc and lay off dower, to partition lands, to make 
 re-surveys, to give plats of all surveys, and to administer all oaths 
 required by law in such cases. 
 Must survey 8. To survcy couuty liucs aud district liues, or other surveys, 
 
 county and . i • i i • i . i ^ • -, ^ 
 
 district m wliicli his couuty may be interested, whenever required by 
 the Justices of the Inferior Court. 
 
 4. To execute all surveys required by the rule of any Court of 
 competent jurisdiction. 
 
 Must keep a 5. To kccp a Well bouiid book in Mliich shall be entered plats 
 of all surveys made by him, with a minute of the names of the 
 chain-bearers, when executed, by Avhose order and to whom plat 
 delivered, if any, which book shall belong to his office, and be 
 turned over to his successor, and, when full, shall be deposited in 
 the office of the Clerk of the Inferior Court. 
 
 Fees for sur- § 552. Wlicu survcys ai'c made for private or corporate benefit, 
 
 veys — how i / • . i • 'i i i 
 
 paid. the tees are to be paid by tlie person or persons, or corporation 
 
 who orders the survey, when by order of the Justices of the In- 
 ferior Court, out of the county funds, and when, by rule of Court, 
 unless otherwise agreed upon, they are to be taxed in the bill of 
 costs, and shall have the effect of a judgment lien upon the land 
 surveyed, if not paid by the party bound for costs. 
 Survey be- § 558. Wlicii a survcy is made by agreement, or in compliance 
 ties. with the law, between two or more counties, the Ct)unty Survey- 
 
 or who performs the survey i;* to be paid by his county, who must 
 collect from the other counties their proportion. 
 Payment of §554. If after a County Surveyor has made a survey for any 
 fees— how person, who neglects to pay him, such Surveyor, upon making 
 oath before the Clerk of the Inferior Court of his county of the 
 performance of such ser\'ice, and its value, such Clerk shall issue 
 a Jl'. fa., in the name of the Justices of the Inferior Court, for 
 tlie use of such Surveyor, against such defaulter, who may defend 
 
 enforced. 
 
PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 
 
 117 
 
 Article 3. — County Surveyors. 
 
 himself therefor, in the same manner as persons ap::ainst whom 
 executions issue who detain county funds. 
 
 §555. Surveys or plats of land made by the County Survey- surveys or 
 or, under order of Court, and on notice to all the parties of when"evi^° 
 lands within his county, signed by him officially, and stating* 
 the contents, courses, distances, of any land surveyed by him, 
 are presumjitive evidence of the facts, if all the requisites of the 
 law touching such surveys and the reports thereof are complied 
 with. 
 
 §550. When there is no Countv Siirvevor anv competent per- when there 
 
 . . .1 ' . ' 1 . 1 * . 1 . is no County 
 
 son, a citizen ot the countv, mav iKn-tonn his duties, when siieci- surveyor, 
 
 ■ ' , ... who way 
 
 ally required, if first sworn to do the same skillfully, faithfully, "ct. 
 and impartially, to the best of his knowledge, or in default of 
 such person the County Surveyor of any adjoining county may 
 officiate. 
 
 S 557. Persons performing such service are on the same footing Persons act- 
 
 "" . . ■" ing as Coun- 
 
 as Countv Surveyors as to the special service rendered, and are ty surveyor 
 
 ^ ■ ^ ^ liable as 
 
 personally liable as such Surveyors are officially. such. 
 
 §558. When any County Surveyor, or other person acting as False survey 
 such, has knowingly surveyed land as vacant land which is not, 
 or so made any other false survey, he is guilty of a misdemeanor, 
 and on iiidictnieiit and conviction, shall be imprisoned not longer 
 than six months. 
 
 and penalty. 
 
 AKTICLE III. 
 
 COROXKRS. 
 
 Section'. 
 r>67. May disinter dead bodies. 
 568. Subject to indictment. 
 5G9. Inquest unnecessary in certain cases 
 r)70. Deatli by accident, &c. 
 r)7l. Costs paid out of couTity funds, &c. 
 r)72. On conviction, co.'^ts a part thereof. 
 513. Justice of the Peace mav act. Ac. 
 
 Section. 
 
 559. How elected and removed from office. 
 
 560. Justices Inferior Court may appoint. 
 
 561. Coroner's oatli. 
 
 562. Must give bond and surety. 
 
 563. Additional surety may be required. 
 
 564. Jailor, when Sheriff is miprisoned. 
 
 565. Shall serve process in certain eases. 
 56(1. Sliall hold inquests in certain cases. 
 
 §550, Coroners are elected, commissioned, qualitied and re- coroners— 
 moved, as Clerks of the Superior Courts are, and hold their offi- and remoy- 
 ces for two years. 
 
 §560. The Justices of the Inlbrior Courts appoint Coroners, 
 on the same terms and in the same manner that they do County 
 
118 PT. 1.— TIT. 6.— CHAP. 4.— County Organization. 
 
 Article 3. — Countv Coroners. 
 
 Most g\yo 
 bond and 
 ■uretj. 
 
 th°e i^erfJr Survejors, and wliich appointments take effect as those of Coun- 
 
 ^tSn^ ty Treasurers. 
 
 Coroner'* >^ ^Cl. Before entering' on the duties of liis oilice, besides tho 
 
 Mth. • . 
 
 oath required of all civil officers, he must take the following: 
 " I swear that I will well and truly serve the State of Georgia in 
 said ottice, and will iaithfully and truly execute all writs and pre- 
 cepts to me directed, or which I may lawfully execute, when 
 placed in my charge, and return the same according to the best 
 of my knowledge, skill, and judgment; that I will, in no case, 
 knowingly use or exereise my oHice illegally, corruptly^ or un- 
 justly, and that I will not, under any pretence, take, accept, or 
 enjoy, any fee or reward pertaining to my office, other than such 
 as are allowed by law, but that I will, in all things touching the 
 duties of my ollice, demean myself honestly, fairly and impar- 
 tially, according to the best of my al)ility. So help me God." 
 
 §502, lie nnist likewise, at the same time, give bond and 
 
 surety in the sum of live hundred dollars, which may be for a 
 
 greater or less amount, according to the local law now or liereaf- 
 
 Liabieas ^^^ ^" forcc. lie is liable for retaining monies collected, or 
 
 Sheriffs. otherwise failing to do his duty, ;is Sheriffs are, and are subject 
 
 to the same proceedings. 
 Additional § 5()3. When a Coroner has to act in the place of a Sheriff, 
 
 bond may 1 ,, ,,, it- 'it'-z-^ 
 
 required, generally or specially, the Justices oi the Interior Court may re- 
 quire of him an additional bond, in such sum and' with such sure- 
 ties as in their discretion they may think sufficient to meet the 
 contingency. 
 
 Keeper of § •^>*'^- Hc is kcepcr i)f the Jail, v/hon the Sheriff is imprison- 
 *~^ '^°'ed or absent from the county leaving no deputy. 
 
 Shall Bcrvp § 5G5. Whcii a Sheriff is disqualified, and it does not appear 
 
 ^whAtMMs! upon the face of the ])rocec(lings, or he or his deputy refuses to 
 perform a service, if any person makes affidavit thereof, the 
 Clerk of the Court irom Avliich it issues shall place the process in 
 the^hands of the Coroner for execution, and may compel its re- 
 turn to his office for such purpose. 
 
 Shall hold §560. It is the duty of the Coroner to take inquests — 
 
 whaT^l" 1. Of all violent, sudden, or casual deaths. 
 
 2. Of all deaths in prison, Avithout an attending pliysiciau. 
 
 3. Of all dead bodies found, v.liether of persons known or un- 
 known. 
 
 4. Of all dead bodies oi' persons who have died or disappeared 
 under suspicious circumstances. 
 
PT. l.-TIT. 6.-CHAP. 4.-C0UNTY Okganization. 
 
 119 
 
 Article 1. — County Coroners. 
 
 5. Of the dead bodies of persons of whom affidavit may be 
 made, that tliey came to their death hy violence or foul play. 
 
 G.^Wlienever ordered by a Court haVing criminal jurisdiction. 
 
 §567. They are authorized, in order to carry into effect the Mav disinter 
 preceding section, to disinter any body already buried, and, like '"' '"''"• 
 a Sheriff, to command tlie power of the county for that pm-pose. 
 
 §568. If any person makes affidavit to facts to authorize such Person mat 
 proceeding by the Conmer, or the Coroner does so of his ownluf-irn'r;" 
 motion, and it is done without good grounds, or from malice or '"'^''*'"'°*" 
 mischief, the pin-son so swearing, or the Coroner so officiating, is 
 subject to indictment, and if convicted shall be fined iiotTess 
 tlum one liundred dollars and imprisoned not less than tliirty 
 days. In suc^h cases all the circumstances shall go to the jury «onThIn"b. 
 and if they believe there were reasonable grounds for the disin-^'^Sson'ld. 
 terment at the time it took place, it is their duty to acquit. 
 
 § 569. When persons have come to their dcatli by violence, and An inquest 
 tJiere are witnesses to it, and the person accused is under arrest "°"''<^''«^'7. 
 and undergoes an examination befor(> a competent tribunal, tliere 
 need not be an inquest. 
 
 §57(). Tliere also need be no inquest where persons come to Death by a. 
 tlieir death by a,-(ndent or act of God, in presence of witnesses, a1^^;r/G:;r 
 and there is no reason to suspect foul play, and no person makes 
 affidavit ot tacts raising such suspicions. 
 
 §571. The (;osts of such inquest shall be paid out of the coun- cost t„ b« 
 
 ty funds. paid by the 
 
 *?rTo r+' • county. 
 
 ^ ^oi^. n any person is convicted of murder or manslaughter if the party 
 in a case where an inquest has been held over the bodv of theconvfct^^ 
 person for slaying whom he is convicted, the costs of the* inquest -^eTpart 
 makes a part of the costs of the conviction, and must be so virion?"" 
 charged. 
 
 §573. When there is "o Coroner in a county, or he is absent a. mst.oo of 
 from the county wlien needed, or uill not or cannot take an in-t^^'^cr 
 quest, any Justice of the Peace of the count v mav act as (^uro- 
 
 ner. 
 
120 
 
 i*T. 1. — TIT. Ck — CHAP. 5. — CoiNTY Organization. 
 
 Article 1. — Public Roads. 
 
 CHAPTER V. 
 
 ROADS. BRIDGES, FERRIKS, TURXPIKHS. CAUSEWAYS. CROSSINGS, &c. 
 
 Akticlk 1. Public Roads. 
 
 Aktici.k 2. Road Coininissioners and their Duties. 
 
 Articlk 3. Bridges, Ferries, Turnpikes and Causeways. 
 
 Aeticle 4. Railroad Crossings. 
 
 Article .">. I'rivate "Wars. 
 
 ARTICLE I. 
 
 PUBLIC ROADS. 
 
 Section. 
 
 574. What roads are considered^ public. 
 
 575. Shall be thirty feet wide. 
 
 576. Bridges it Causewaj-s IG feet wide. 
 
 577. Districts laid out, &c. 
 
 578. Roads & Districts to be registered. 
 
 579. How laid out or altered. 
 
 580. Notice of application advertised, &c. 
 
 581. Holders of land — how notilicd. 
 
 582. Roads estal)li.slied, &c. 
 
 58.3. Application mu.'^t be in writing. 
 
 584. Laid out the nearest and best way. 
 
 585. Persons subject to road duty. 
 What roads to be worked. 
 Number of days required to woriv. 
 List of hands to be furnished. 
 Must be summoned one day. 
 
 590. Wliat the notice must contain. 
 
 591. Duty of the overseer. 
 
 592. Sudden olistriietions in roads. 
 
 593. Special workmg to be deducted. 
 
 594. Defaulters fined one to tliree dollars. 
 
 595. Extraordinary implements. 
 
 596. Road may be apportioned. 
 
 597. Persons to whom road apportioned. 
 
 598. Applicant refusing to accept. 
 
 599. Failing to work after acceptance. 
 
 600. Complaint against Commissioners. 
 
 586. 
 587. 
 
 589. 
 
 Section. 
 
 601. Defaulters may file excuse. 
 
 602. Executions against delaulters. 
 
 603. Fine money — how appropriated. 
 
 604. Constables collecting, &c. 
 
 605. Lien of fi. fa. 
 
 606. Timbers used for road purposes. 
 
 607. Public roads measured and posted. 
 
 608. Sign boards to be put up at forks. 
 
 609. Failure to put up posts, &c. 
 GIO. Overseer mav be indicted. 
 
 Gil. Railroad hands — how exempted. 
 
 G12. Land owners aggrieved, kc. 
 
 GL'i. Persons claiming damages. <tc. 
 
 614. Trial — how conducted. 
 
 GI5. Notice to Justices, &c. 
 
 GIG. The time and place of meeting. 
 
 C 17. Objections to jurors. 
 
 GIS. Continuances, &c. 
 
 619. Mis-trial. 
 
 G20. Certiorari. 
 
 621. Final judgment and payment. 
 
 622. Value of the land — how estimated. 
 
 623. Consequential damages. 
 
 624. Overseer ma}' be fined. 
 
 625. Altering or obstructing imblic roads. 
 
 626. By a fence or tree. 
 
 627. Main streets in towns or cities. 
 
 Public rends §574. All rouds laid out for public use by an act of the Gen- 
 eral Assembly, if not otherwise provided, or by an order of the 
 Justices of the Inferior Court, are declared to be public roads. 
 
PT. 1. — TIT. 6. — CHAP. 5. — County Organization. 121 
 
 Article 1. — Public Roads. 
 
 S 575. They shall be cleared of all trees, stumps, grubs and shaii be 
 bushes, at least thirty feet wide, and of such limbs of trees as wide. 
 may incommode horsemen or carriages; stumps must be cut as 
 nearly eycii with the surface as possible, and the carriage track 
 must be at least iive feet six inches wide. 
 
 S57(». All bridges or causeways oyer small water com-ses, andBiidges and 
 
 C & • . causeways. 
 
 causeways oyer swamps or low lands, sliall be nuide and kept in 
 repair by hands subject to work on roads, the pieces shall be laid 
 across the road at least sixteen feet long, well secured, made fast, ^^''^",1^'^'^^'''" 
 and covered with earth. '"'''"• 
 
 §577. The Justices of the inferior Court must lay off their i:ond dis- 
 respective counties into road distncts, and apportion the roads and hands 
 and hands so as to divide the labor and expense, on account of 
 roads, causeways and bridges, c<pndly throughout said counties, 
 all of wliich proceedings must be entered on the minutes. 
 
 S578. Tliev nnist cause their Clerk to keei) registered in a I'uWic ro.^d8 
 
 o . i o ^ ^ and road diB- 
 
 book in his office a list of all public roads, and road districts, »"«;» to be 
 
 1 ' _ ■ registered. 
 
 in the county, to be added to and corrected from time to time 
 as new roads or new districts are laid out or old ones altered or 
 discontinued. 
 
 §57'.'. On application to them for any new road, or alteration pumic roads 
 
 . 11 . , ■ . . —how l-iid 
 
 in an ctld rojid, they shall appoint three road commissioners, re-ontorai- 
 siding as near where such road is intended to pass as possible, 
 and if they iind it of public utility they must proceed to mark 
 it out, aiul make their report under oath to sudi Justices, that it 
 was laid out and marked conformably to law. 
 
 §58(1. If such Justices, on the investigation had, are willing Notice of ap- 
 to grant such road, or make alteration in an old road, they shall "mst be ad- 
 
 *^ ' 1 .' vertised for 
 
 cause the Clerk to publish a citation for thirty days at the door t'li'-ty days. 
 of the Court House, and in a public gazette, if there is one in 
 the county, giving a particular description of the new road, or 
 the alteration, notifying all })ersoiis that on and aiter a certain 
 day therein named, said new road or alteration will be iinally 
 granted, if no good cause is shown to the contrary. 
 
 §581. All persons, their oAcrseers or agents, residing on land persons in 
 which such road goes through, excei)t the applicants for the road be notified, 
 or alteration, must be at the same time notified in writing, per- 
 sonally or by lea\ ing it at their most notorious place of abode, 
 that they may }»nt in their claim for damages or forever after be 
 estopped. 
 
122 FT. 1.— TIT. 6.— CHAP. 5.— County Organization. 
 
 Article 1. — Public Roads. 
 
 Voidroada. §582. All pubHc roads established witbout a substantial com- 
 pliance with the provisions of the last named sections, are void. 
 Application SnSo. Aijplicutions I'or tlic discontinuance of un old road, in 
 
 must bo in _ ^ •* _ ' _ 
 
 rrrniufc. wliolo ov iu part, uiust likcwisc be made to such Justices in wri- 
 ting, and likewise published before it shall take effect. 
 Mnstbciaid §584. All public roads shall be laid out the nearest and best 
 
 ont tho near- ,. i-ii ii iti 
 
 C8t and best way to the i)iace to which they are intended, and as little as can 
 be to the prejudice of any private person's enclosed grounds. 
 -•PeraoMSttb-^V §585. All whit^ male inliabitaiits between the ages of sixteen 
 V) roaiflnty.^ /and torty-uve, aJl tree male negroes and male slaves not under 
 >T V/ . v/ siixteen nor exceeding sixty years of age, are subject to work on 
 Vr \;^ / the public; roads, except sucli as are specially exempted. 
 On what § ^'^^- 1'^'^ same road hands shall not be compelled to work on 
 
 compe'iT.'d'ro niore than one public road, which must come within three miles 
 of their residence, except in opening a new road, wdien all the 
 road hands of the road district are subject to work upon it. 
 Notrequired §^^7. JiOad liauds are not recpiired to work exceeding rive 
 moTeUian days at one time consecutively, nor more than fifteen days alto- 
 "^'^ getlier, in twelve months, unless sudden emergencies require the 
 immediate repairing of the roads, causeways and bridges within 
 their respective districts. 
 A list of / §588. The several owners, managers or employers of male 
 
 hands to bo' , i n i • i ,. ■ i i i- ii t 
 
 .^ ^furnished. , slavcs shall, wheiicver required, hiruish the overseers ot the dis- 
 
 V trict with a list of them in writing, who are liable to work on 
 
 ^ Penalty for the j)ul)lic I'oads, sigucd by them, under a penalty of paying 
 
 JJ^ ' '"^'' three dollars for each male slave so liable to road duty and whose 
 
 ^ names are not furnished, to be collecrted as lines for not working 
 
 the road. 
 
 Hands to bo §*'^^*>^*- Ovci'seers of roads in their respective districts shall 
 
 ono'day.''^ sumiiion all persons liable to road duty, within the district, at 
 
 least one day before the time of working. 
 What the §590. Sucli summoiis uiust statc tlic road to be worked, the 
 
 noiico must . ii^- • ii-i •! 
 
 contain. time aiul place tor meeting, and the implements required. 
 oversccT- §591. SiKtli (jverseei's shall superintend the working on the 
 
 his duty. i • i i , i • . , i 
 
 iNKids assigned them by the commissioners, cause the same to be 
 
 worked and rei)aired in the best i)ossible manner, and make a re- 
 
 Ucfftuiteri. turn thereof to the (;ommissioners in writiui; within live days 
 
 to bo ro- t5 J 
 
 turned. after each time of w oi-king, of all defaults and deficiencies which 
 
 may have taken j)hu'e. 
 »n°d*deniybo- §592. Wlieii auy road or bridge or causeway may become sud- 
 ^i^bfe!'" denly impassable, it is the dutv of such overseer to call out as 
 
PT. 1.— TIT. 6.— CHAP. 5.— County Okganization. 123 
 
 Article 1. — Public Roads. 
 
 many hands as necessary to repair the same after giving one day's 
 notice, 
 
 §593. They shall take notice of the time such hands are em-Timoofspe- 
 ployed on such special workings, and shall excuse them from road to bo'^do-'"^ 
 duty an equal number of days out of the whole number all hands 
 , are required to work during the year. 
 
 § 594. Every individual, by himself or slaves, liable to road ncfauiters 
 duty, who, being duly summoned to work, shall neglect to obey «"' 'e^s than 
 j such summons, and to carry the implements as ordered, or ap- ^i^^" $3. 
 I pearing with or without the implements, neglects or refuses 
 faithfully to work, forfeits not less than one, nor more than three 
 ;jiollars for each hand for every day he or they fail to work. 
 
 §595. If any other instrument than ordinary farming tools Extraordi- 
 
 ,' -1 .1 -, . • ,1 . nary imple- 
 
 are necessary to keep the road in repair, the overseer may receive menta— how 
 them in exchange for the labor of hands, or may apply to the 
 Justices of the Inferior Court, who may authorize him to con- 
 tract for such as may be necessary, and pay for the same out of 
 tlie County Treasury. 
 
 §590. Wlien a person liable to road duty makes an applica- pubiic roads 
 tion to the Road Commissioners for a proportion of road for him- PdoneTto 
 self and hands to work on and keep in repair, they shall parcel '''''*''*^** 
 off to each applicant some etpial and just portion of said road, to 
 be increased or diminished, according to the number of hands, 
 and to be judged of by the commissioners. 
 
 § 597. Persons to whom portions of roads are thus apportioned. Duty ofper- 
 must make annual returns to their respective commissioners, rp,>rti<>n"o"f 
 whenever they require them, of the number and names of their "ork?"'^ ^ 
 hands liable to road work, and after they have received and put 
 in good repair their respective portions, such hands shall not be 
 transferred to any other part of the road, or compelled to do any 
 other road work, so long as they perform their work satisfactorily 
 t-o the commissioners. 
 
 §598. It' the applicants do not accept the portion of road as- Persons re- 
 signed tliom by the commissioners, they must still work in com-c"pt"fpor^*'' 
 
 •,■! ,^ .1 1 1 ,. ,1 . •■ , . . tion ot such 
 
 mon with tlie other hands ot their road districts. roads. 
 
 §599. If, after having accepted such portions, tliey neglect to Penalty for 
 keep tliem in good repair, they are liable to all the penalties andkeopfuch 
 forfeitures to whicli commissioners are liable for neglect of duty, ^"""*" "^ 
 besides the usual road fines on the hands. 
 
 §600. If such commissioners assign any person a portion ofcompiamt 
 road thus to work, which, taking into consideration liis niimbei 
 
 airainst com- 
 missioners. 
 
124 PT. 1.— TIT. 6.— CHAP. 5.— County Oroaotzation. 
 
 Article 1. — Public Roads. 
 
 of hands as compared to the number liable to do road duty on 
 such road, is not an equal share of the labor, any white male 
 road-worker of tlie same road and district, may complain to 
 the Justices of the Inferior Court at any time, and on giving such 
 
 Three days' persou tlircc days' notice thereof in writing, such Justices may 
 summarily hear all the evidence, and if they believe the com- 
 plaint is just, they shall revoke sucli grant by the commissioners, 
 and so have them instantly informed by their Clerk. 
 
 Pefanitors 8 601. All defaulters must file their excuses, if anv, on oath 
 
 may file ex- "^ _ ^ . . 
 
 cuse, before the commissioners, who must meet at some place -within 
 
 the district for fining defaulters, of M'hich ])lace of meeting they 
 
 doners must shall givc tcu davs' uoticc, in writing, at one or more of the most 
 
 dayVnotice. P^il'lic placcs in the district, and no other notice shall be neces- 
 sary. 
 
 Kxecntions • § Q()2, Sucli commissioners must issue executions under their 
 
 against ue- o 
 
 fauiters. haiids and seals, against all defaulters who fail to render a good 
 excuse, directed to any lawfnl Constable, who shall levy and col- 
 lect the same as executions issued from the Justices' Courts. 
 
 Fines— how 8 603. When such ii. fas. are collected within ten days there- 
 disposed of. " . . . 
 
 after, the amounts must be paid to any one of the commissioners, 
 
 one-half of which shall l)e paid to the overseer having had charge 
 
 of the hands lined ; the other half to the County Treasurer, to be 
 
 used in the building or repairing of bridges. 
 
 Constables § 604. If Coustablcs ueglect their duty in collecting such ^f. /as., 
 
 ruled. i or fail to pay over the money, they are subject to rule and suit 
 
 ^- I at the instance of su(rh commissioners, as though tlmji. /'as. had 
 
 /issued from a Justices' Court. 
 
 Lien of com- 8 605. The licus of such iudgments are the same as any other 
 
 missioncrs' . " i i . 't "^ i . . . . , ^. .-, 
 
 judgment, judgment, and claim according to tlieir ])riority m the distribu- 
 tion of mc^ney, except that no property is exempt therefrom, and 
 
 ci!am.'""^ ""^ if illegalities or claims are interposed, they must be returned as 
 though issued from a Justices' Court, in which the road district 
 is situated in Avhole or in part. 
 
 Timbers §606. Oversccrs are authorized to make use of anv tiinl)ers for 
 
 may be used. , ^ , , , 
 
 the use oi the roads, and may make contracts witli owners ot 
 
 land for other timber, if indispensal)le, and if they disagree as to 
 the value, the overseer shall appoint one arbitrator and the owner 
 another, who, M'itbout furtlier formality, shall assess the value, 
 Jo™i\mr^'^ and if they disagree, to (tall in an umpire, whose decision is final, 
 pafrtorin'' the valuatioii so awarded must then be reduced to writing, and 
 signed by the arbitrators, and upon the production of the same. 
 
 certain 
 cases. 
 
PT. 1. — TIT. 0. — CHAP. 5.— County Okganization. 125 
 
 Article 1. — Public Roads. 
 
 with a certificate of the overseer, that he used the timber as- 
 sessed, must be allowed by the Justices of the Inferior Court, 
 and paid out of the County Treasury. 
 
 §()0r. They shall measure all that part of the road to which Koads to bo 
 they may be appointed, beginning at the Court House, and at ""'"'"'■"''• 
 the end of each mile set up a post or mark on some consi)icuous 
 place, which shall designate the number of miles from thence to 
 said Court House, and the overseer in the next adjoinino- district 
 shall likewise begin to measure and mark at the last mile post ^^"M'osts 
 in the district thus measured; but when such district shall end at'"''^"*^" 
 some county line he shall, by some post or mark, designate the 
 distance from such county line to their respective Court Houses. 
 
 § 608. ^ They shall, at the fork of each public road, place in some sign-boar,K 
 substantial and conspicuous manner a board or other mark, desig- 
 nating thereon the most public place to which each road directs, 
 and if any road is altered so as to make the fork at some other 
 place, or as not to make necessary such sign-boards, they shall be 
 removed and replaced, or either if necessary. 
 
 § GOO. If any overseer fails to comply with the provisions of the overseer 
 two immediately preceding sections he forfeits not exceeding fifty [ip Sts ^ 
 dollars, to be imposed and collected as other fines against him. ^'""'^^^ 
 
 §610. If any overseer omits to do his duty with respect to thcovcrsoer 
 roads, bridges, and causeways under his charge, for as much as Ms"^^ty? '^'^ 
 thirty days from tlie time the necessity for any immediate work 
 occurs, unless hindered by extreme bad weather, or other Provi- 
 dential cause, he shall be indicted for a misdemeanor, and on con- dicrod."* '" 
 viction shall be fined or imprisoned, at the discretion of the 
 Court, and is also liable for all damages at the suit of any person LiaWo for 
 injured by such omission. damages. 
 
 §611. Hands liable to road work, employed as laborers on ther.aiiroad 
 line of any Eailroad of this State belonging to an incorporated ein'lln'y ' 
 Company, or by any contractors constructing Railroads, are ex- {ht' dlfy.*^"*^'^ 
 empted from work on the public roads, provided the. public road 
 overseer having charge of them respectively are j^aid one dollar 
 per day for each hand so liable, which money shall be expended 
 in hiring hands to work on the roads. 
 
 §612. When any person shall feel aggrieved by any road pro- L.,nd houi- 
 posed to be laid out through any of his land, unless otherwise oS-h^w7e: 
 provided in the Charter thereof, or some special law, he may pe- '"""°°"'' 
 tition in writing the Justices of the Inferior Court, either of 
 whom shall direct their Clerk to issue a warrant under his hand. 
 
 dressed. 
 
t26 FT. 1.— TIT. 6.— CHAP. 5.— County Organization. 
 
 Article 1. — Public Roads. 
 
 Trial by ju- 
 ry- 
 
 directed to the Sheriff of the county, to summon from the vicin- 
 age a jury of freeholders to try sucli question of damage, who &\ial\ 
 be sworn by some Justice of the Peace to truly and impartially 
 assess any damage the owner will sustain by means of such new 
 or altered road, and said Justice shall preside over their delibera- 
 tions. 
 Incompcten- 8 613. No pcrsou is competcut as a iuror who claims any dam- 
 age of tlie county or person lor tlic same or any similar road, or 
 who would bo disqualified if the trial was before the Superior 
 Court. 
 Trial— how ^ (jl4-. Tlio iurv sluUl iuspcct the road and land in person, un- 
 less already familiar witJi them, and swear any witnesses that the 
 owner or any person on the part of the county may offer, as to 
 their opinion of the damages sustained, 
 jnsticcs and § 615. The Sheriff shall notify the Justice of the Peace and 
 missioncrs the Road Commissioners of the district where the road lies, and 
 <?d. the owner of the land, the day and place of trial, and shall no- 
 
 ♦Ts^andTit- tify to attend then and there, as witnesses, any persons he may be 
 
 nesBes to be " , , , , i . • . i 
 
 notified. requcstcd to by siicli commissioners, or the owner. 
 
 Sheriff shall § 616. Hc shall fix the time and place, the time not less than 
 
 prace^f "^^ five nor more than twenty days, and the place as near the land 
 
 meeting. _^^ ^^^^ propcr housc-room can be obtained. 
 
 Objections § 617. At the trial any person in interest may object to the 
 
 to jurors. ^ ,. ,, . "^ , i • ,• f ^i • * ii 
 
 empanehng of any juror for cause, and n from tins or any otfier 
 
 cause there are not twelve jurors empaneled and sworn, the 
 
 Sheriff must proceed to procure talcs jurors. 
 
 Trial may be §618. The trial iiuiy be postponed or continued from day tc» 
 
 po6 pone ^^^^ until completed, and if the Justice of the Peace summoned 
 
 Justice fail- to attend should fail to preside, the Sheriff must supply the va- 
 
 Ing to attend . ^ .^ ^- . • . 
 
 cancy, if necessary, from some other district. 
 Mis-triaL § ^l'^- I^' ^ mis-trial occiirs.the Sheriff shall proceed de novo to 
 
 summon other jurors, and all the proceedings shall be as at first, 
 
 and so on until there is a verdict. 
 Certiorari § ^^0. Tlic judgment in such cases may be certioraried by the 
 
 county or the owner of the land, as in certiorari from forcible 
 
 entry and detainer trials, and if a new trial is ordered, they shall 
 
 proceed to procure a trial as previously. 
 Final judg- § ^^^- When sucli judgment becomes final all the papers apper- 
 ^"^^ taining thereto must be filed in the Clerk's office of the Inferior 
 Bamages— Court; tlic Justiccs thereof must grant an order for the damages 
 how paid, assessed in favor of the land owner, but if such Justices are sat- 
 
^^LlLZ^^l^liZS^EltZ^'^'''^ Organization. 137 
 
 Article 1.— PubliJ Roads. " ' 
 
 isfied that «>A damagesl^^renFthT ,Ttnft7^?^,5rr^d:^ 
 
 hat part of ,t, they may revoke the road altogether, or order l,e 
 .ame altered .„ ^ to avoid the land ko damaged, or make the 
 owner an ofior of .„ch com,,en.„ti,.n as they m^ay think just. 
 
 §fi22 In esbniatms d'o value of land xvl.en taken for public,- , 
 uses, ,t ,s not restneted to its agrieuUnral <,r productive null tt ■» -^ 
 b,rt mq„„.y may be made as ,0 all other Ies!tin,ate pnnj to 
 which the property could be appropriated 
 
 §623. Prospective and consc.juential dama^res resulting there-, 
 from may be ,dso taken into consideration, if the san.e a,^ plaTn ""=Si. 
 and appreciable, and o„ the other hand, the increase of the -Z 
 of the land from the proposed public improvement „,av be Z 
 mdered, but m no case shall the owner be deprived of ,1k. l u' 1 
 damages by such estimated increase. 
 
 § 624. :f any overseer, within twelve month ■.fi,.^ l • 
 
 ment, neglects laithfullv to cHscIuu-'e ^cT H^^^ - ^ ^/" i'lTr'" -'-- 
 he is mihipr.f f,. o -tt " . '^''''";-^ ^'^G duties required of him his <i"ty. 4* 
 he IS subject o a fine not exceeding tifty dolhirs l,y the com- 
 missioners under whom he serves, wlio shall notify iin o l" 
 
 neglect, and unless a good excuse is rendpr..1 f. ./ / 
 
 ftrpnH. rin,.o +• xi .^ '-Ai.uht lb rendeied to them within Fine impo*. 
 twenty days from the time of such notice thov d^nll ;. ^^ ""'^ '^^^ 
 
 tion for the fine assessed. •• ^" "''"" ""■"^^"- '^"'• 
 
 §625. If any person shall alter -inv t.,iTj;,. i 
 ditch across, or 'alter the loca;!' I TJ:^:^^'^^ ™'*-'"f 
 new ridge necessary by his act, witho.it. ^"t ob'ta in": „ "o^r"* "*^- 
 
 one thousand dollars, and shallt lilafd:,:;'^; ^U^ 
 damages any person may sustain therebv ' SSi."" 
 
 §626. AVhen any person shall make any fence or ,.„, , 
 
 or make other like obsfn,ct;„„. • ' "-'icc or cut any tree, o^,^,,,,,,, 
 
 iiKc oostructions in or across anv public roiH i-r.f.ncor 
 which IS not removed in two days and a safe and convenienVwty' — "' 
 at the tune ol the obstruction, made for travelers he shall niv J 
 fine of twenty dollars for each obstruction, to be recov red bv 
 execution issued bv the com>T„-«;„„ • recovtied byKino.jofor 
 
 and shall be i;ll„ * ™'""'^">"ers, as in eases of road fines, "^ '"'""■ 
 and shall be liable tor any damages caused bv the obstruction 
 from the fet to the last, if the pe,.on injured ;,sed orl:;;:: 
 
 Main streeta 
 
 cit5!'Li;\:\;:'r:::":s 
 
 »!,„ -p ., . neglect for three months, the Justices of" ■""•"• " 
 
 the Peace therein are, by virtue of their office, Road Comn is --'»"» 
 smners, and shall appoint overseers, apportion'the LdTZt""*^" 
 
128 FT. 1.— TIT. (>.— CHAP. 5. — County OuGAiJizATioN. 
 
 Article 1. — Public Roads. 
 
 Justices to -would be liable to road duty, tliroii<;liout the town, have the 
 
 act as Koad i it -i 
 
 Commis- streets worked on, as thouu^h thev were public roads, and must, 
 
 sioncrs. ' '^^ _ •• • . T-k 1 - . . 
 
 in every other respect, perform the duties of Road Commission- 
 fo?ne°iecT'' crs, and for neglect of any other duty, or violation of any of the 
 road laws, are liable to fine as such commissioners. 
 
 ARTICLE II. 
 
 COMMISSrONEllS OF PUBLIC ROADS. 
 
 Section-. ! Section. 
 
 G28. Three for each district. | 637. Commissioners failing to do duty, 
 
 G2n. IIo\v appointed. 
 
 030. Compelled to serve unless excused, 
 
 031. Must be notified within ten days. 
 
 632. Clerk f\tiling to give such notice. 
 
 633. Exempt from patrol & militia duty. 
 
 634. Dut}' of commissioners generally. 
 
 635. Persons exempt from road duty. 
 036. Overseer of roads receive $2 per day. 
 
 638. Proceedings against for neglect. 
 
 639. May be removed from oflSce. 
 
 640. Failing to appear Avhen cited. 
 
 641. Executions against coniniissioners. 
 042. A public road being a district line. 
 
 643. Necessary books shall be furni.shod. 
 
 644. Certificate of discharge. 
 
 Three com- § 628. There shall be three connnissioners for each road dis- 
 Ivlr'each'dis- trict, any two of whom may act, and in case there is only one in 
 may icT* a district, that one is invested with all tlie powers of the three, 
 
 until the vacancies are filled. 
 Commis- §020. Such commissioucrs are appointed or re-appointed by 
 
 hoTa^oin- the Justices of the Inferior Court, biennially, at their first meet- 
 
 ino- of the years of tlie appointments, and, Avhenever necessary, 
 
 to fill vacancies at any time. 
 Compelled S G30. Tliosc tlius appointed are compelled to serve, unless ex- 
 
 to serve. ,^. inn •/» i n • 
 
 cused by such Justices, who shall receive tor such excuse rrovi- 
 
 dential cause only. 
 Mast be no- §031. As soou as appointed, they shall be notified thereof in 
 wri^un" writino- within ten days thereafter by tlie Clerk of the Inferior 
 days.'" *"" Court, and if such appointees do not, within ten days after re- 
 
 ceivini; such notice, file their excuse in writing, under oath, in 
 
 such Clerk's ofiice, they shall be considered as having accepted. 
 The ck^rk § (\?j2 If a Clcrlc fails to ij:ive such notice, he is guilty of a con- 
 
 failingto C • V t • /•• i i n i« 
 
 notify com- temot aud sludl l^c, by such Justices, fined twenty dollars tor 
 
 missioners. 1 " ^ «/ •' 
 
 each neglect. 
 Road Com- § 033. Sucli coiuuiissioners, while in office, are exempt from all 
 Semptflomjury, patrol, militia and other road duty, and are exempt from 
 mintia'^duty. road duty after they go out of office, for the next two years, if 
 
 they have served faithfully through their official terms. 
 
PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 129 
 
 Article 2 — Commissionerp of Public Roads. 
 
 § 634. It is their duty — commis- 
 
 ^ m . • 1 • Hi* T • 1 • sionersmust 
 
 1. io appoint, within ntteen chivs, one or more persons in their appoint 
 
 *' overseers 
 
 respective districts as overseers of the road. 
 
 2. To apportion the roads and hands under their cliarge at the. Apportion 
 same time as equally and fairly as possible, and to furnish the 
 several overseers Avith a list of the roads and hands under tlicir 
 respective charge. 
 
 3. To hear and determine u])on all cases of default or other vi- Try dcfimi- 
 olation of the road laws within their jurisdiction, (if not indicta- 
 ble only,) at a Court to be held by them twenty days after every 
 
 road working, or as often as emergencies may require, and to is- 
 sue executions or other process against the convicted. 
 
 4. To keep a book in which to enter — 
 
 First. The several hands in their respective districts subject to Names of 
 road duty; to what roads and what parts thereof assigned, and to'be rcgis- 
 under what overseer; changing and correcting it from time to 
 time, as may be necessary. 
 
 Second. A list of all defaulters and persons fined, the amounts a list of de- 
 fined, amounts paid, what disposition made of the money, what personi '^'^'^ 
 executions issued and unpaid. 
 
 5. To pay to the County Treasurer, as soon as collec^ted, that Disposition 
 portion of the fine money belonging to the county, to l)e used in wisiTft^m 
 the repairing or building of public bridges and causeways, and ""*" 
 annually, on the first of December, to report to the Justices of 
 
 the Inferior Court the condition of the public roads and bridges The condi- 
 in their respective districts, the state of the finances, what exe- iic n°ad^" ' 
 cutions are outstanding unpaid, and their condition. " "''*' 
 
 6. To inspect, from time to time, the public roads, bridges and noads, 
 ferries within their districts, notice the character of tha repairs, fcTHuft'irbe 
 and observe if such road is regularly posted, and direction boards '"'p^'^''"^- 
 put up as required by law, and if said bridges and ferries are in 
 proper repair. 
 
 7. To exercise a general supervision over their respective over- commis- 
 seers, and to fine them for neglect of duty, and to see that per- onli dut/''°" 
 sons are indicted for the offences set forth in the road laws, 
 
 8. To administer all oaths, relative to the road laws, connected 
 with their duties. 
 
 §635. In making up the list of road-workers, they nnist notMinistors, 
 include the following description of persons who are exempt f]-oin oUh^^rx ""^ 
 such duty, viz : Licensed ministers, teachers and students of coI-miSVSt" 
 leges and schools, keepers of public grist mills, public ferrymen, 
 9 
 
MO PT, 1.— TIT. 6.— CHAP. 5.— County Okgakization. 
 
 __i '. 
 
 Article 2. — Commissionera of Public Roads. 
 
 keepei-s of toll bridges, turnpikes, causeways and plank roads, 
 
 engineers and wliite persons in charge of cars or trains running 
 
 on railroads, officers of the Confederate States, this State or any 
 
 county thereof, and all others exempted by any special law. 
 
 Overseer of § 030. They are authorized to pay overseei*s two dollars per 
 
 S?vM|2 tlay for every day in actual service, out of the fine money, besides 
 
 P*'*^^' one-half of the balance of the line money as compensation to him 
 
 as informer, and if, by the end of each year, the fine money does 
 
 How col- not furnish enough to pay such overseers said per diem, it must 
 
 ^®*'**^ l)e paid out of the County Treasury, if the proper commissioners 
 
 certifv to the Justices the amount sucli overseers are entitled to. 
 
 commia- § ^'^^' ^^ Commissioners fail to discharge their duties, or any 
 
 fn°To"d?''" <^lii^y required of them as such, they, and each of them, shall be 
 
 l^yVe""'' iined, by the Justices of the Inferior Court, not less than fifty, 
 
 "°^''' nor more than two hundred dollars. 
 
 ^ .. S 638. AVhen any person shall file his afiidavit in writins; in the 
 
 Proceedings o ^ "^* J I ^ 
 
 agpinst^^"^- Clerk's office of the Inferior Court, that any commissioner or set 
 of'duf '"' of commissioners have neglected their duty generally, or in any 
 particular, or when the Grand Jury makes presentment of the 
 same, or of the bad condition of any portion of the public roads, 
 or the said Justices, or any one of them, are satisfied such is the 
 fact, and so inform their Clerk, it is, his duty to issue a summons 
 in writing, directed to said defaulting commissioners, command- 
 in"- them to appear at a certain day therein named, before such 
 Justices, to answer for their conduct, wliicli shall be served on 
 them by any officer or private person. 
 „ , ^ 039 If. on the hearing;, the Justices fine the commissioners 
 
 May be re- f^^'-'v. , p, 
 
 mov^d from ^[^q^^ ^[^qj shall also pass an order removing them from office, and 
 forthwitli appoint other commissioners, 
 -lin to § ^''^*-^' I^ ^^^^y ^'^^'^'^ been duly cited and served, and fail to ap- 
 nppear. ■pQ^.Y, such Justices may proceed ex parte. 
 
 % 641 The Clerk of the Inferior Court is directed to issue exe- 
 
 Execution o , ,. i ,• i i • i i n i 
 
 to issue by p,,t;Qj^g airamst them tor the fine and costs, winch shall be exe- 
 
 the Clerk of '-'"^ t^ miT /^i • 
 
 the Inferior Q^j^gci "by the Slierift. Tlic lien of such executions, and the prop- 
 erty subject thereto, are the same as those against defaulting road- 
 workers. 
 
 § 642. "When any public road may be on a road district line, 
 
 rold be\^ng a ^ud the JusticBS of the Inferior Court have not specially assigned 
 it to any particular district or set of commissioners, the commis- 
 f^ioners of each district shall co-operate in arranging the hands 
 and appointing the overseers for such road. 
 
PT. 1.— TIT. 6.— CHAP. 5.— County Okg.^ization. 
 
 131 
 
 Article 2. — Commissioners of Public Roads. 
 
 §643. The books such commissioners are required to keep 
 must be furnished by tlie Justices of the Inferior Court at the 
 expense of the coxinty, and out of *tlie road money, if any, and 
 when full must be deposited in the office of tlie Clerk of the In- 
 ferior Court. 
 
 §044. After the connnissioner has faithfully served through 
 the term of his appointment, he may obtain from the Clerk of the 
 Inferior Court a certificate of such fact. 
 
 Books shall 
 lie furnished 
 by Inferior 
 Court. 
 
 Shall bo de- 
 posited in 
 Clerk's of- 
 fice. 
 
 Certifioato 
 of (lischargo 
 — by whom 
 granted. 
 
 ARTICLE III. 
 
 BRIDGES, FERRIES, TURNPIKES, AND CAUSEWAYS. 
 
 Section. 
 
 645. Public bridges, ferries, &c. 
 
 646. Rogulation.s concerning tl:e same. 
 
 647. Erected for benefit of the county. 
 
 648. Power and duty of Inferior Court. 
 
 649. Condition of contractors bond. 
 
 650. IBond must be approved. 
 
 651. Additional bond may bo required. 
 €52. Roads, bridges, &c. 
 
 653. Contractor failing. 
 
 654. Defendant resisting pajTnent. 
 
 655. Contractors incompetent as jurors. 
 
 656. Bridges, &c., crossing county lines. 
 
 657. County refusing to contribute. 
 
 658. Toll bridges crossing coimty line.«. 
 €59. Private bridges, &c. 
 
 660. Distance in such cases. 
 
 661. Rates of toll to be posted up. 
 
 Section. 
 662. Land owner may erect a bridge, Ac. 
 6G3. E^xcessive rates shall not be charged. 
 
 664. Rates to be cxammed annually. 
 
 665. Persons making excessive charges 
 
 666. Fords, bridges, &c. 
 607. Public bridges, &c. 
 
 Proprietors liable lor neglect. 
 County — when liable for damages. 
 Persons detained at public crossings. 
 No toll after expiration of charter. 
 Owner of private ferry, Ac, liable. 
 Breaking toll gate, &c. 
 Right of way. 
 
 Grant to laud — what jiasse.s. 
 Grant for a ferry. 
 G77. Value of land taken — how. 
 
 6G8. 
 669. 
 670. 
 G71. 
 G72. 
 673. 
 674. 
 675. 
 676. 
 
 § 645. All bridges or ferries, turnpikes or causeways, erected 
 or permitted by any act of the General Assembly, if not other- 
 wise pro\aded, or by order of the Justices of the Inferior Court, 
 for public purposes, are declared to be public. 
 
 § ()4G. They are chvided — 
 
 1. Those established by the county which are free to every one. 
 
 2. Those established by the county where toll is charged gen- 
 erally or specially. 
 
 3. Those established by individuals under the authority of law 
 or by virtue of a prescriptive right. 
 
 4. Those established by individuals without such rights, who 
 accommodate the public or any portion of them for compensa- 
 tion. 
 
 Public 
 bridge?, fer- 
 ries, cause- 
 ways, &•. 
 
 RridpoB, fer- 
 ries &c. 
 
182 PT. 1.— TIT. 6.— CHAP. 5.— C5ounty Organization. 
 
 Article 3. — Bridges, Perries, Turnpikes and CauFeways. 
 
 jnsMcoji In- § 647. TliG Justices of the Inferior Court may put a ferry or 
 mayesub- causcwav, or botli, or may estal)lisli a toll bridG^e for the benefit 
 
 lishforlK-np- • i ^ * ^ • j j> 
 
 fitofcounty. of the countv, but when on any such county bridge, ferry or 
 causeway, toll is charged, the county is liable as individuals own- 
 ing them, and the owners of lands must be compensated as in 
 other cases. 
 
 Powfrofin- §^''"^^- The Justices of the Inferior Court of the several coun- 
 
 o^^^puMic ties have authority- 
 
 rie^^cmilo- 1- To appoint the ])laces for the erection of public bridges, 
 
 way6,\c. (^.omity ferries, turnpikes and causeways, and to make suitable 
 provision for their erection and repairs by letting them out to the 
 lowest bidder, hiring hands, or in any other way that may be for 
 the public good and agreeable to law. 
 
 Undertaker 2. To require sufficient bond and good security for the faithful 
 
 opive n . pgj.fQj.j^^.^j^(.g of r^ii c^iiqIi "work and contracts, and to indemnify for 
 
 all damages occasioned by a failure so to do. 
 License to 3. To liccuse ally person to establish such bridge, ferry, turn- 
 pike or causeway, not exceeding ten years, which may be renew- 
 ed at the expiration thereof. 
 Rates of toll ^- ^o fix tlic I'atcs of toll for d'ossing any such, where the toll 
 to be fixed ^.^^ lawfully be charged, and regulate those previously estal)lish- 
 ed or that may afterwards l)e established, so as to conform to 
 what is both reasonable and usage on such water courses, pro- 
 vided such charges are not specially regulated by tlie General 
 Assembly in some act of incorporation to the exclusion of such 
 Justices. 
 General su- 5. To cxcrcise a gciicral supervision over such, and see that 
 ovrrpubiic they are kept in i)roper order and properly attended to, and to 
 rik^&c! ''^' require from time to time, as the 0(;casion may demand, sufficient 
 bond and good surety from the proprietors thereof, conditioned 
 for their keeping in repair a sufficient and safe bridge, flat rojje, 
 turnpike or causeway, and all other appointments necessary for a 
 good ferry and competent and faithful attendance by day and 
 night, and to indemnify the public against all damages by reason 
 of a failure so to do. 
 
 S()4:9. AVhen a public bridii;e, ferry, turnpike or causeway is let 
 
 Condition of ^ >■ • i • i '. ^ i- • "\ 
 
 the bond of q^^, the coiitractor must, m Ins bond, make a condition also to 
 
 contractors. ■ _ _ _ ' 
 
 keep it in good repair for at least seven years, and as many more 
 
 years as the contract may be for. 
 Bond must § ^^^O. All boiids taken from contractors or proprietors must be 
 te approved. j^ppj.Q^gjj by the Justices of the Inferior Court, filed in the office 
 
PT. 1.— TIT. 6.— CHAP. 5.— County Organization. 
 
 133 
 
 Article 3. — Bridges, Ferries, Turnpikes and Causeways. 
 
 of the Clerk of the Inferior Court, and by him recorded in books 
 kept for that purpose. 
 
 § (J51. If when an additional bond is required it is not given Additional 
 withhi ten days from tlio time the proprietor or liis agent is^loti-roquir™d.^''• 
 lied l)y the Clerk of the Inferior Court, the license must be re- 
 voked. 
 
 §052. When any sucli work shall require repairing it is theRo„d^ 
 duty of any one or more Eoad Commissioners in whos^e road dis- jo'bfkeptfn 
 trict the same is, to give notice in writing to the contractor, or ''''"'''■■ 
 one of his sureties, stating the repairs necessary to be made, and 
 requiring them to be done within a reasonable time, stating the 
 time. 
 
 § 053. If such repairs are not made within tlie time required, nopairs-br 
 they shall employ some other person fortlnvith to unike them, and uHZ.''' ^ 
 upon report to the Clerk of the Inferior Court of their cost, he contractor 
 shall issue an execution against such contractor and hi. sureties cullo^'m/; 
 for the expense of such repairs and tlie costs. us.je against 
 
 § 654. If the defendant resists the payment of said execution if dofend- 
 at law, it must be returned for trial by jury, if demanded, either paym'onf of 
 to the Justices' Court of the district where the defendant resides tion! ho^'"" 
 upon whose property the levy is made, or to the Superior Court '"''^' 
 ot the county, according to the principal amount thereof 
 
 §655. Persons who have undertaken the building or keeping contmetors 
 in repair any bridge, ferry, turnpike or causewav, or are surety Sc^m- 
 for such persons, cannot be Road Commissioners of the road dis- '°"'"°°"'- 
 trict which embraces such, and if after having been ai)pointed 
 they become such contractor or surety, the Justices of the Infe- 
 rior Court must declare a vacancy and appoint some other per- 
 sons in their stead. 
 
 §65(). When a bridge or ferry is necessary over any water i5ridco8,&c., 
 course, which divides one county or more counties from each oth- comuy^iine* 
 er, each county must contribute equally towards the building andby^.uA^'"'' 
 keeping the same in repair, or in sucli proportion as would bejoinuy!" 
 just, taking into consideration the taxable property of each, and 
 the amount expended by each in the construction of bridges and 
 other passways. 
 
 § 657. If any county refuses to undergo its fair proi)ortion of The rcmedr 
 such expenses, the other county or counties may construct the om,nV refu- 
 work, compel the otlier to contribute by suit, and\nitil sucli con- trillue""' 
 tribution takes place, may have exclusive control tliereof, ;ind 
 charge toll thereon against all the citizens of the refusini? countv. 
 
134 PT. 1.— TIT. 6.— CHAP. 5.— County Orgaotzation. 
 
 Article 3. — Bridges, Ferries, Turnpikes and Causeways. 
 
 Toll bridges, §658. The toll Imdcjes or ferries over water courses makinsr 
 
 &c, crossing,' . •- 
 
 county lines county liiics, mav be licensed 1)V citlior county, and in such cases 
 
 may be li- ' ■ • ■ ' 
 
 censed by ei- the bonds must bc aporoyed, tiled and recorded in the county 
 
 then . . 
 
 where the license is e;ranted. 
 No private § ()r)9. Xo pHyatc ferry chaririiiir toll shall be established on 
 
 ferry, shall - •*■ . r< f 
 
 be establish-. in y >yater course \yithin three miles of ^yhere iTOl)lic bridc-es are 
 
 ed within 3 • _ if 
 
 "ubHc^^ * previously erected and kept up, but l)ridges may bc erected at 
 bridge. tbe public expense at places on the same stream, other than those 
 
 where bridges are previously erected, if not violative of anj 
 
 special provision of the law. 
 Distance— § G60. Wlicu exclusive right is c;ranted to any person to ])re- 
 
 how compu- ,.1 f- • iV, ", . I'l-i .1. 
 
 ted. vent others irom erectmg bridges or terries, or the like, withm a 
 
 given distance from the same, it shall be computed by the course 
 of the stream. 
 
 Kates of toll § ^^1- Everj proprietor of bridges, ferries, turnpikes and 
 
 to be posted causeways, where toll is allowed to be charged, must fix a board 
 in a conspicuous place, as near the same as practicable, with 
 black ground, on which shall be the various rates of toll ; and if 
 such is neglected, he shall be su])ject to indictment, and, on con- 
 
 Penaity for victiou, sliall bc filled not less than fifty dollars for every week 
 
 nogloct 11, 
 
 lie so neglects. 
 Landowner § 662. Any pcrsoii wlio luav bc the owner of any land through 
 
 may con- i • , " . , • 
 
 struct bridg- which a stream may pass on both sides thereof, may establish 
 
 es, <kc. on , » i :; .; 
 
 hii own land, any bridge or ferry thereon, at his expense, and may charge 
 lawful toll for crossing, according to the rates of other bridges 
 and ferries on the same stream, or if none other, the customary 
 rates over such streams elsewhere. 
 
 Excessive § 663. If such pcrsoii shall demand excessive rates, any person 
 
 rate3 shall / t/ x 
 
 not be do- may complain to the Justices of the Inferior Court of the county, 
 
 manded. j • <? i . i' ^ 
 
 and if the rates are excessive they must reduce and fix them. 
 Bates to he § ^^^y^. The Jiisticcs of the Inferior Court of each county must 
 annually, oiicc cacli year examine the rates charged in their counties, and 
 keep fixed the rates of toll for the several bridges, ferries, turn- 
 pikes and causeways within the limits of their county which have 
 the right to charge them, and must enter the same on their min- 
 utes. 
 Person* § 665. If any person shall cliarge more than the lawful rates, 
 
 cessive Or inore than indicated by the l)oard, he is guilty of a misde- 
 
 charges — .." ini- it • j>i 
 
 how punish- meaner, and on conviction must be fined in the discretion ot the 
 Court, and for the second offence, in addition to the fine, he for- 
 feits his franchise. 
 
PT. 1.— TIT. 6.— CHAP. 5,— County Organization. 135 
 
 Article 3. — Bridges, Ferries, Turnpikes and Causeways. 
 
 § GQ6. No person authorized to liave a bridge or ferry on liis Fords,^ ^^^ 
 own land will l)c permitted to stop up or obstruct any foi'^l? """g'Jg^® "*'■ 
 brid2;e or ferry, and upon so doing he is guilty of a misdemean- 
 or, and on conviction must be fined or imprisoned, or l)Oth, in the 
 discretion of the Court. 
 
 §007. After a person has once established such bridge or ferry p^^^,,;^ 
 he shall not discontinue the same without first giving public no- nou^^'bedTs- 
 tice thereof, by advertisement posted on the Court House door, •'«°"°n«d- 
 and in a public gazette, if there is one published in the county, 
 for at least sixty days. 
 
 § <)<)8. Any proprietor of any bridge, ferry, turnpike or cause- Proprietors 
 way, v.'hcther by charter or prescription or without, or whether negicc^ 
 by right of owning the lands on the stream, are bound to prompt 
 and faithful attention to all their duties as such, and if any dam- 
 age shall occur by reason of non-attendance, neglect, carelessness 
 or bad conduct, he is bound for all damages, even if over and be- 
 yond the amount of any bond that may be given. 
 
 §609. The provisions of the preceding section apply to all on failure to 
 contractors for the establishment of such, when damages accrue the oonnty 
 
 ' ■- IS linble for 
 
 from a want of good faith in performing their several contracts, damages. 
 and if no bond or sufticient guarantee has been taken by the Jus- 
 tices of the Inferior Court, the county is also liable for the dama- 
 ges. 
 
 §670. Anv person unreasonably detained at a public ferrv, toll Persons 
 
 '■^ -^ i •' . ' .shall not bo 
 
 bridfre, turnpike or causeway, may, for each detention, recover of (U tamed at 
 
 r> 7 i ., 5 ^ ? ^ public cross- 
 
 the owner ten dollars before any Justice of the county. '"ss. 
 
 §071. If any person demands or receives toll for crossing anypergons 
 ferry, bridge or causeway, or turnpike, after the revocation of his after^ex^jlra- 
 license or forfeiture of his charter, or having a right for a ferry t!.r"o?faUing 
 allows the banks on either side to be out of repair for more than I'^nUs and 
 five days at any one time, or to provide good and safe boats of a ,kr. 
 size sufficient for the accommodation of the puljlic, furnished 
 with competent and sutficient ferrymen, for the safe and speedy 
 passage of all persons, vehicles, horses and stock, or in case of a 
 toll bridge or causeway, fails to keep the same in good repair, 
 without a reasonable excuse for such failures, to be determined 
 by the Court, he is guilty of a misdemeanor, and on conviction s^'«"i>e fin- 
 must be fined not less than twenty dollars. 
 
 §072. If any person who keeps a private bridge, ferry, turii-o,^e„of 
 pike or causeway, passes any person for toll, the owners incur the j.7Jsiiabie.'' 
 same lialiility and penalties as those ])ermitted l)y law. 
 
136 
 
 PT. 1.— TIT. C— CHAP. 5.— County Okgaxization. 
 
 Article 3. — Bridges, Ferries, Turnpikes and Causeways. 
 
 Breaking or § G73. If anv pei'soii break or injure any gate to a toll bridge, 
 
 injurincpatc , .. , ii-i 
 
 oravoi.iing tumpike or causeway, or obstruct, injure or destroy sucn bridge or 
 causeway, pass round or under the same witli intent to avoid the 
 payment of toll, such person forfeits to the owner ten dollars for 
 each of such acts, and is also liable for the damages, 
 
 §674. Damages for the right of way are to be assessed in the 
 manner prescribed for i)ublic roads and private ways. 
 
 § G75. Grants to land on water courses with the appurtenances, 
 convey no right of public bridge or ferry. 
 
 §070. The grant of a ferry franchise conveys no right to build 
 a bridge, or the contrary. 
 
 §677. In determining the value of laud taken for a bridge, its 
 — hovP'su'^ prospective value as a bridge site and its present value as a ferry, 
 mated. jf one s in use, may be taken into the calculation. 
 
 liight of 
 way. 
 
 Grants to 
 land. 
 
 Grant for a 
 ferry. 
 
 Value of 
 1 and taken 
 
 ARTICLE IV. 
 
 RAILROAD AND OTHER CROSSINGS. 
 
 Sectiox. 
 
 678. Roads at Railroad crossings. 
 
 679. Extent of such crossings. 
 
 680. Erecting posts and blowing whistle. 
 
 681. Neglecting to erect such posts. 
 
 682. Failing to blow the whistle. 
 
 683. Proof of damage — onus on Company. 
 
 684. Suits — when to bo brought. 
 
 Section. 
 
 685. Failing to keep crossings in order. 
 
 686. Must be done by overseer of Roads. 
 
 687. E.'cecutions against defaulting Co. 
 
 688. Money raised — to whom paid. 
 
 689. Railroad Company may defend. 
 600. Plank, Macadamized and other roads. 
 GOl. Public highways, bridges, kc. 
 
 Extent of 
 such cross- 
 lagB. 
 
 Public and S678. All Ilailroad Companies sliall keei) in good order, at 
 
 private wayi ti • itij 
 
 to be kept up their expense, the public roads or private ways established pursn- 
 ofEaiiroa(i8.ant to law, wlid'C crosscd by their several roads, and build suita- 
 ble bridges and make proper excavations or embankments, accord- 
 ing to the spirit of the road laws. 
 
 § 679. Such crossings include the width of land on both sides 
 of the road allowed by charter or appropriated by the Company 
 therefor, and for as many feet beyond, each way, as is necessary 
 for a traveller to get on and off the crossing safely and conveni- 
 ently. 
 A post to be ^ (;8o. There must be fixed on the line of said roads, and at the 
 
 erected. " ^ ' 
 
 distance of foni' hundred yards from the centre of each of such 
 
 road crossings, and on each side thereof, a post, and the engineer 
 
 Blowing thegj^all l)e required, whenever he shall arrive at either of said posts, 
 
 to blow tlie whistle of the locomotive until it arrives at the pub- 
 
PT. 1. — TIT. 6. — CHAP. 5. — Col-ntt Okgakization. 137 
 
 Article 4. — Railroad and other Crossings. 
 
 lie road, and to simultaneously check, and keep checking, the 
 speed tliereof, so as to stop in time should any person or thing 
 be crossino: said track on said road. 
 
 §681. b^hould any Company fail or neglect to put up said posts NojricorT.ip 
 the Superintendent thereof shall be guilty of a misdemeanor, and post '^ '*'* 
 upon indictment and conviction tliereof in tlie * ounty wliere such 
 failure occurs, shall be subject to aiiiio of not loss than live hun- 
 dred dollars nor more than one thousand dolhirs. 
 
 §682. If any engineer neglects to blow said whistle, as requir- Faiiins to 
 ed, and to check the speed as required in section 680, he is guilty wuistio. 
 of a misdemeanor, and on indictment and conviction in the coun- 
 ty where such failure occurs, he shall be punished by fine, not 
 exceeding live hundred dollars and imprisoned not exceeding p-inennfUm. 
 ninety days, or either, which the Company by whom he is em-'""'*''"™'"" 
 ployed is bound to pay. 
 
 §683. When sucli iniurv occurs, the onus is upon the Compa- whpnanln- 
 ^ ,. , ' "i ,.,.., jury occurs. 
 
 ny to prove such lault on tlie part oi the injured persons. 
 
 § 684. Such suits may be located in the county where the iniu- ^""ts in tho 
 
 , . ... county 
 
 ry occurs, and service perfected as in case for killinc; stock. where injm-y 
 
 •^ _^ ^ _ ... occuris. 
 
 § 685. When any road over which a crossing is required shall Eauroads 
 be obstructed, or not in good order at such crossing, a Road Com- croTshigs*^^ 
 missioner, or an overseer of the road district where the crossing '"^'' '"'''J"""®'^ 
 is, must notify the nearest agent or employee of the company, in 
 writing, to remove such obstructions, or to put such crossing in 
 proper order within thirty days from the date of such notice. 
 
 § 6SG. If such requisition is not complied with, it must be done Requisition 
 by the overseer of the road, and within five days after he shall "ompHod 
 have discharged such duty, he must report, under oath, in "wri-day^*" 
 ting, to the commissioners of the district, the amount and value 
 of the services performed. 
 
 §687. The commissioners shall then issue execution, under Execution 
 their hands and seal, directed to any lawful officer, for the amount 
 of such value, and the costs of the proceeding against such de- 
 faulting Ivailroad Company as in case of other road defaulters. 
 
 §688. The amount, when collected, must be paid to the per- Money 
 sons who performed the labor, 7;;'o rata, and according to the la- disposed of. 
 bor performed by each, and for other expenses of said work, if 
 any. 
 
 § 689. The defendants may defend themselves from snd\Ji./as. Defeuces— 
 as other detaulting road-workers may. 
 
 §690. The provisions of this article are, so far as applicable, 
 
138 
 
 PT. 1.— TIT. 0.— CHAP. 5.— County Organization. 
 
 Article 4. — Railroad and other Crossincrs. 
 
 Plank and 
 other roads 
 sabject to 
 the same 
 provisions. 
 Public 
 bridges, 
 highways, 
 .Sec. 
 
 extended to any plank, Macadamized, turnpike or other road be- 
 lons^ing to private indi\'iduals or a joint-stock company. 
 
 §691. Public liii!;liways, bridcres or ferries cannot be appropri- 
 ated to railroads, plank roads or any other species of road, unless 
 express authority is granted by some Constitutional i)rovision in 
 tlieir charters. 
 
 Private 
 ■ways — by 
 whom 
 granted. 
 
 Not more 
 than 15 feet 
 wide. 
 
 How ob- 
 tained. 
 
 ARTICLE Y. 
 
 PRIVATE WAYS. 
 
 Sectiox. 
 G92. Private ways — Ijj wliom granted. 
 693. Mu.st be kept open. 
 G94. now obtained. 
 
 G95. How laid out — notice of application. 
 090. Damages — how assessed. 
 697. Applicant may decline to open. 
 
 098. May be established by agreement. 
 
 099. Protected as public roads. 
 
 700. Persons may join in opening, kc. 
 
 Section. 
 
 701. May apportion work, !c^. 
 
 702. Private way over wild lands. 
 
 703. Seven years' uninterrupted use. 
 
 704. Cannot bo closed after one year. 
 
 705. Special damages in certain cases. 
 
 706. Wlien there is but one blulT, Ac. 
 
 707. Application for nso of landing. 
 70S. Damages omitted in the grant. 
 
 709. May be converted into a public road. 
 
 Land owners 
 must have 
 20 days' no- 
 tice. 
 
 Private 
 ways — liow 
 laid out. 
 
 §692. Tlie Justices of tlie Inferior Court have authority to 
 grant private ways to individuals to go from and return to their 
 farms or places of residence. 
 
 § 693. They must not exceed Hfteen feet in width, and must 
 be kept open and in repair by the persons on whose application 
 they are established, and may be as much less as the applicant 
 may choose. 
 
 §694. Any person desiring such passway over the land of an- 
 other, must petition tlio Justices of tlie Inferior Court, setting 
 forth ])articular]y tlie distance and direction of such road, over 
 whose land it is to go, tlirough what improvements, if any, and 
 their nature, and the special purpose for which it is desired. 
 
 §695. After tdl persons over whose land said passway is to be 
 made shall have had twenty days' notice, in writing, of such ap- 
 plication, and such Justices shall be satisfied such applicant is 
 entitled to the same, they shall appoint live commissioners, who 
 shall be disinterested persons, any tliree or five of whom may act, 
 to view and lay out such road, so as to do the least possible dam- 
 age and inconvenience to the land-owners, who shall make their 
 report within thirty days from tlieir appointment. They shall 
 make out tlieir report in writing, and furnish all the parties in 
 interest v»'ith copies thereof, and if either party is dissatisfied with 
 
FT. 1.— TIT. 6.— CHAP. 5.— Couihtt Organizaxioit. 139 
 
 Article 5. — Private Ways. 
 
 siicli report, by e-ivinsr the other five days' notice in writine^, he Either party 
 may take an appeal to the Justices of the Inferior Court, who, 
 after having; all the evidence, 'pro and con^ may confirm said re- 
 port, or alter the same, which, when done, shall be final. 
 
 § GOO. If the person then, over whose land the passway is, con- Damag«s— 
 ceives that he will be damaged thereby, he may proceed toscssc^ 
 have the damages assessed in the same manner that damages are 
 assessed in case of public' roads, and the applicant therefor stands 
 in the place of the County and Road Commissioners. 
 
 §097. After the damages are thus assessed, the person who Applicant 
 has them to pay may decline to open the same, but he is bound td'Ypen the* 
 for the costs of all the proceedings, whether he uses the passway ^^^' 
 or not, for which the Clerk of the Inferior Court may issue an 
 
 • T'li 11 1 •Tir* 1 Damage* 
 
 execution, and m all cases the damages must be paid beiore the must bo 
 way is opened. 
 
 §098. Private ways may be establislicd by an agreement, in May bo m- 
 ■svriting, of all parties concerned, in whicli may be stipulated any agrJoinont.'^ 
 damages, which must be spread on the road book of the county, 
 and, when so done, has the same effect as though established by 
 the forms of law. 
 
 § 699. When a private way becomes established, it must be en- Kecorded 
 tered on and fully described in the road book, and the owner ed as puwic 
 thereof is entitled to be protected in the use of the same as a pub- 
 lic road. 
 
 § 700. Several land owners may join together in opening a pri- several land 
 vate way, or in keeping it up afterwards, or both, and when sojolniro^ea^ 
 done and entered on the road book, the duties and privileges g^- '"^ " ^'"'^' 
 tend to vendees of the same real estate. 
 
 §701. When several so join they may apportion the road forMayappor- 
 work among themselves, or work it under tlie road laws, select- work. 
 ing one of their number as Road Commissioners, whose powers 
 are the same touching such road and the hands thereof as the 
 three Road Commissioners of the district. 
 
 § 702. If a private way is established over the wild lands of a on wild 
 person who has no notice of the proceeding, as soon as he does 
 have such notice, and within six months thereafter, he may pro- 
 ceed to have his damages assessed against all persons who are 
 land owners, and are in the liabitual use of such private way, and 
 not after. 
 
 § 703. When a person has laid out a private wav, and has been ^^y»? J'""''* 
 
 ^ J- 1^3 unintcrrnp- 
 
 in the use and enjoyment of it as much as seven years, of which ^'^ "**• 
 
140 
 
 PT. 1.— TIT. G.— CHAP. 5.— CoraxY Organization. 
 
 Article 5. — Private Ways. 
 
 Cannot be 
 cloBcd after 
 one vear 
 wiitii ut no- 
 tice. 
 
 Special 
 waj-8. 
 
 Extent of. 
 
 If there is 
 bnt one 
 bluff. 
 
 The use of 
 
 another's 
 
 landing. 
 
 Omission to 
 assess dainu- 
 gea. 
 
 Maybe con- 
 verted into a 
 public road. 
 
 the owners have had six months' knowledge, without moving for 
 damages, his right to nse becomes complete, and such owners are 
 harred of damages. 
 
 ^ Tui. "When a road has been used as a ])rivate way ibr as much 
 as one year, an owner of land over which it passes cannot close 
 it up without first giving the common users of the way thirty 
 days' notice in writing, that they may take steps to have it made 
 j)ermanent. 
 
 § 705. When a private way is established over the laud of an- 
 other, for the purpose of hauling wood or timber, or other com- 
 modity, to any place of landing whereat the business of rafting 
 or shipping is carried on, or to any railroad depot, it shall not ex- 
 tend to the use of any landing erected by a person for his own 
 benefit, 
 
 § 706. If, liowever, there should be but one bluff or place of 
 landing, the owner cannot appropriate such to himself exclusively , 
 if he will not be damaged by the admission of others to its use, 
 or if damaged he is properly compensated therefor, but no per- 
 son shall be entitled to use the wood-slide or other improvement 
 erected for one's own use, nor timber landing, while he is using it. 
 
 §707. When the applicant for a private way desires also to 
 use another's landing he must so state in his petition, that proper 
 damages may be assessed therefor. 
 
 § 708. If a private way is established and there is an omission 
 to have considered the damages for using such, it may be done 
 afterwards if within a reasonable time. 
 
 §709. When a private way is once established it is in the 
 power of the Justices of the Inferior Court to declare it a public 
 road, provided it is of sufficient length and importance, and the 
 number of persons who habitually use it can and will do as 
 much work thereon as is their proper share, in working the same 
 alone, or in connection with adjacent ])ublic roads. 
 
PT. 1.— TIT. 6.— OouKTT Organization. 141 
 
 Chapter 6.— The County Poor. 
 
 CHAPTER YI. 
 
 THE COUNTY POOR. 
 Section. Section. 
 
 710. Paupers. 120. Paupers left by companies, ic. 
 
 711. Poor House. ' 721. Security required, &c. 
 
 712. Commissioners of the Poor. I 722. Bond filed with Clerk Inferior Court. 
 
 713. Receipts, disbursements & amounts. j 723. Party faihng to give security. 
 
 714. Applications by the poor, kc. I 724. Pauper found to be a lunatic. 
 
 715. "Who are con.sidcred paupers. i 725. Poor children bound out — how. 
 
 716. Parents and children bound, <tc. | 726. For what lenf;;th of time. 
 
 717. Certificate of the Clerk. I 727. Master violating his contract. 
 
 718. Persons removing paupers. | 728. May appeal — Custody of minor, &c. 
 
 719. Such person being insolvent. | 
 
 §710. The general supervision of all paupers is vested in tliepaupors. 
 Justices of the Inferior Court of each county. 
 
 §711. They have authority to purchase lands for a Poor poor Houses 
 House, the title thereto vesting in the county, or to rent im- 
 provements for such purpose, or to board out the poor and to 
 make all necessary contracts in relation to them. 
 
 §712. They shall, if necessary, appoint a Commissioner of thecommis- 
 Poor, and the money arising from the poor tax shall be paid into tiie"i"on 
 his hands liy the County Treasurer on orders granted in his favor 
 by such Justices, or in favor of any other person. 
 
 § 713. "Whoever receives and disliurses such fund must once in r^eceiver & 
 every year, at the time such Justices may order, or oftener if'"' ""°'^' 
 they require, make up his accounts and lay the same before 
 them, who shall allow or disallow, and whenever there is a defi- 
 ciency or liability on the part of such person he may be ruled May bo 
 for the amount as an officer of Court. '^"'''^' 
 
 §714. Application to be provided for as a pauper may be Application 
 made at any time to the Commissioner of the Poor, a Justice of "o whom'^ 
 the Inferior Court or a Clerk of such Court, upon which a hear-"'*'^" 
 ing must be had, with tlie least possible delay, by the Justices, 
 and the person to whom such application is made, is authorized 
 to provide for such applicant as other county poor until the hear- 
 ing is had. 
 
 §715. No person shall be entitled to the benefits of the provi- -^-ho aro 
 sion for the poor who is able to maintain himself or herself by ^-''"'""'^ 
 labor, or if not, has sufficient means, and in cases where females 
 arejunable to maintain themselves and the helpless children they 
 may have also, they may be aided to the extent required in the 
 furnishing of food, clothing or shelter. 
 
142 PT. 1.— TIT. 6.— County Organization. 
 
 Chapter 6. — The County Poor. 
 
 Parents and §716. If aiiv siicli person lias father, motlier or child of siiffi- 
 
 children ... 
 
 bound to cient abihty, he or she must be supported by tliem, and failing 
 
 support each '' ' ^ ^ ^ ■> ^> 
 
 other. so to do snij couutj ill the State having made provision for such 
 persons may sue persons of full age standing in sucli rehition to 
 them, and recover for the time sucli county has made provision 
 for such person, always provided, the person sued was possessed 
 of sucli ability. 
 
 Certificate of §"!'''• ^^^ t^^^ trial the certificate of the Clerk of the Inferior 
 
 t-vw^'n"*^ Court that the person was poor and unable to sustain himself, 
 and that he was maintained for such a time at the expense of the 
 county is presumptive evidence of such maintenance and the 
 costs thereof. 
 
 Persons re- §718. Wlicu auv inhabitant of any county, city, town or vil- 
 
 movlng pan- . .. i' o ./ ' ./ J . , . 
 
 pers person- lagc, lu Or out ot the btatc, scuds a pauper to some county m this 
 
 ally respon- „ ' . , ^ ^ . "^ 
 
 Bible. State, by paying the expense of transportation, or otherwise has 
 
 him removed for the purpose of burdening some other commu- 
 nity, the person so engaged shall be personally liable for the 
 support of the pauper in the county where he locates. 
 Such person §719. If the pci'sou SO eugagcd in transporting a pauper i» in- 
 vent the solvent or does not respond to such demand from any cause, the 
 
 county is .,.,■, ./ ? 
 
 liable. county Irom which the transportation took place shall be liable. 
 Paupers left § 720. If aiiv pcrsoii Commanding any vessel, or the manager 
 torycom- or proprietor of anv theatrical circus, or any other migratory 
 
 panics. xi • " . • "^ . 
 
 company, or tiieir agents, or any person, passing or moving 
 through this State, shall bring and leave, or abandon herein, any- 
 infant, lunatic, maimed, deaf and dumb, blindj'^aged or infirm 
 person, who is or is likely to become chargeable to the county, he 
 may be brought by warrant before any judicial oflicer. 
 May bo re- § 721. If such ofilccr is Satisfied that such person is or will pro- 
 givo bond, bably become such charge, he must require such person to enter 
 into bond, payable to the Governor of the State and his succes- 
 sors in office, with sufiicient securities, resident in the State, for 
 the sum of five hundred dollars, for each of such persons so 
 brought, conditioned to pay all such exj)eiiseSj as any county in 
 the State may lawfully incur in their support. 
 Such bond § ^^22. Said bond must be filed in the Clerk's ofiice of the Iii- 
 mustbeiiicd^'gj.l^^j. Co^^i-t (jf the county where the paupers are at the time of 
 of Yh^^Me^^ its execution, and upon condition broken may be sued on and 
 nor Court, j-g^joygi-ieg j^^j^ ^^j^^ii exhausted in difierent actions in behalf of 
 any county or person who may have property contributed to the 
 maintainance of such pauper. 
 
PT. 1.— TIT. 6.— County Organization. 143 
 
 Chapter C— The County Poor. 
 
 § 723. On failure to eive sucli bond such person must be com- Failure to 
 
 1 . ., ., . *" . T Ml n 1 give bond. 
 
 mitted to jail until it is done, or until the next term oi the 
 Superior Court of the county, wlien if not done, or he does not 
 take care of said pauper and pay all costs, he is guilty of a mis- 
 demeanor, and on conviction shall be fined five hundred dollars, Mny be fined 
 
 I'li'ii ,>ini" • 1 • 1 five hundred 
 
 and m deiault tliereoi shall he imprisoned ninety days. dollars. 
 
 §724. AVlien a pauper is found to be a lunatic, idiot, deaf and Lunatic. 
 4< dumb, or bind, they must be dealt with ac<;ording to the laws 
 relating to them. 
 
 §725. All orplian poor children, or others whose parents do Poor cini- 
 not maintain them, and are on the county, of sufficient age and bou^™o°ut. ^ 
 bodily streugtli to support themselves, must be l)ound out by tlie 
 Ordinaries of the counties to learn a trade, or some useful occu- 
 pation, for such time as they may deem best, and tlie person to obligation of 
 whom they are bound shall undertake to clothe and maintain """*''''"■ 
 them in such manner as tlie Court may direct, and shall have 
 them taught to read and write the English language, and tlie 
 common rules of arithmetic, which undertaking must be in Avri- Must be in 
 ting and entered on the minutes of the Court. ^vntIng. 
 
 § 726. Eoys may be bound out from time to time until twentv- ^'"'""'^ ''"'■ 
 
 ', "^ what tiuiL>. 
 
 one years oi age, and girls until they are eighteen or marry. 
 
 §727. If any such person shall violate his contract, misuse or Master vio- 
 ill-treat such apprentice, the Ordinaries shall take them away, contract.'* 
 after giving the master a hearing, and bind them to some other 
 person. 
 
 § 728. Such master may appeal to a trial by jury in the Supe- May appeal. 
 rior Court, as in other cases of appeal, but in the meantime the 
 minor shall be placed in the custody of the Ordinary, who ii^ay ^,^^^^^^, . ^^ 
 procure some i^erson to take charge of him until the trial. minor pcn- 
 
 -■^ ^ i? ding appeal. 
 
14A: PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 
 
 Article 1. — Persons and Property Exempt. 
 
 TITLE VII. 
 
 PUBLIC REVENUE. 
 
 CHAPTER I. 
 
 TAXATION BY THE STATE. 
 
 Article 1. Persons and property exempt. 
 
 Article 2. System of taxation— persons and property taxed. 
 
 Article 3. Taxes on Banks, Railroads, &c. 
 
 Article 4. Taxes — lunv returned and collected. 
 
 Article 5. Proceedings against delinquent Tax Payers. 
 
 Article 6. Delinqnent Collectors and Receivers, &c. 
 
 Article 7. Tax Receivers. 
 
 Article 8. Tax Collectors. 
 
 Article 9. Compensation of Collectors and Receivers. 
 
 Article 10. Miscellaneous provisions. 
 
 ARTICLE I. 
 
 PERSONS AND PROPERTY EXEMPT. 
 Section 729. Persons and property exempt from taxation enumerated. 
 
 Property ox- §729. Thc following persons and property are exempt from 
 
 empt from 
 
 taxation, taxation : 
 
 1. All property specially exempted by tlie Constitution of the 
 Confederate States or of this State. 
 
 2. All lands, mines and minerals, belonging to this State or 
 the Confederate States. 
 
 3. All buildings erected for and used as a College, incorpora- 
 ted Academy, or other seminary of learning. 
 
 4. All buildings erected for and used for public worship, or for 
 school houses, or both. 
 
 5. All Court Houses, Jails, or other county buildings. 
 
 6. All poor houses, alms houses, houses of industry, and any 
 house belonging to any charitable institution, 
 
 7. The real and personal estate of any public library and that 
 of any other literary association. 
 
 8. The several lots and buildings attached to the live last men- 
 
PT. 1.— TIT. 7.— CHAP. 1.— Public Revexue. 145 
 
 Article 1. — Persons and Property Exempt. 
 
 tioned exemptions, including all necessary furniture belonging to 
 eacli. 
 
 9. All books and philosophical apparatus, and all paintings and 
 statuary of a company or association kept in a public hall, not 
 held as mercliandise or for the purpose of sale. 
 
 10. All stocks owned by the State, or by literary or charitable 
 institutions for tlie legitimate purpose of such. 
 
 11. All plantation and mechanical tools, and all household and 
 kitchen furniture not above the value of three hundred dollars, 
 not held for sale or as merchandise. 
 
 12. All poultry, and two hundred dollars in value of other 
 property, besides the special exemptions, but whicli latter do not 
 obtain in favor of non-residents. 
 
 13. All annual crops and provisions; all fire-arms and all mu- 
 nitions, and all wearing apparel not held as merchandise. 
 
 14. All owners of stocks in any incorporated company liable gtockhoid- 
 to taxation on its capital for such stock, shall not be taxed as in-exompt*" 
 dividuals. 
 
 15. All places and monuments of the dead and implements of 
 burial. 
 
 1C>. The property of revolutionary soldiers and their widows, 
 to the value of one thousand dollars. 
 
 ARTICLE II. 
 
 SYSTEM OF TAXATION, AND PERSONS AND PROPERTY TAXED. 
 Sectiox. I Section. 
 
 730. Taxable property — what. 
 
 731. Bonds, notes and other obligations. 
 
 732. Lands held by warrant or ungranted. 
 
 733. Lands, &c., held by non-residents. 
 
 734. Taxable property — assessments. 
 
 735. Assessments — when and by whom. 
 
 736. Amoimt of taxes to be assessed. 
 
 737. Tax — m what funds to be paid. 
 
 738. Default and insolvent list. 
 
 739. Specific taxes — items enumerated. 
 
 740. Property specifically taxed, &c. 
 
 741. License to exercise a privilege. 
 
 742. Taxes to be paid before other debts. 
 
 743. Conveyances and Judgments, &c. 
 
 744. Person to whom conveyance is made. 
 
 § 730. All real and personal estate, whether oAvned by indi- 
 viduals or corporations, resident or non-resident, are liable to prol^'erty. 
 taxation, unless specially exempted. 
 
 §731. Bonds, notes, or other obligations for money, on persons j^^^^^^ ^^^^^ 
 in other States, or bonds of the Confederate States, or of other *•=-.' yP'"^- 
 
 ' ' residents. 
 
 States, or bonds of corporations of other States, and shipping, are ^rslntf "ia 
 the subjects of return and taxation in this State. ui^ay bo tax- 
 
 10 
 
146 PT. 1.— TIT. 7.— CHAP. 1.— Puulic Revenue. 
 
 Article 2. — System of Taxation, and Persons and Property Taxed. 
 
 unjfrentcd § 732. All lands held under warrants and certificates, but not 
 stock "corpo- granted, are liable to taxation, and all monied or stock corpora- 
 tions, unless exempted or difFerently provided for in their char- 
 ters, are liable to taxation upon such capital stock, as other prop- 
 erty. 
 Non-ro9i- § 733. Lauds, or other property, belonging to citizens of the 
 subifcTir" Confederate States, not resident of tliis State, cannot be taxed 
 duze^''"' liiglier than tlie property of residents, Imt all tlie property of 
 such non-residents, whether their property be real or personal in 
 this State, must pay taxes on the same herein. 
 Taxable § '^^4. All property, or other tiling of value subject to taxa- 
 
 EcTse^scd tion, must be given in by the tax payers as hereinafter set forth, 
 Md by"'""' at its fair market value, and must be taxed according to its value 
 '^^°'"" on an assessment to be made by the Governor, which must not 
 exceed one-eighth of one per cent, per annum, without the assent 
 of the General Assembly. 
 Assessment, § 735. Sucli asscssuient must be made each year as soon as the 
 whom made, value of the taxable property is substantially known by the 
 Comptroller General, who shall assist the Governor in making 
 the assessment, and immediately send written or printed notices 
 to each Tax Collector, of the Governor's order, and publish also 
 a copy thereof for the .space of thirty days, in some public ga- 
 zette at tlie Seat of Government. 
 Amount of § '<'3^'- Tlic aiiiouut of taxcs assessed shall not exceed the actual 
 assessed. '* annual wants of the State Government, exclusive of the commis- 
 sions of Collectors and Receivers, and any other expense that 
 may be lawfully incurred in F.ssessing and collecting them. 
 Ho\vpai.i. §737. Taxes must be paid in gold or silver, or in the bills of 
 such banks as pay specie promptly, unless specially excluded by 
 law, or otherwise directed by the Governor. 
 Defauitand §738. lu netting the digest the default list shall be deducted 
 lists. for the Receivers, and the insolvent list for the Collectors. 
 
 Specific tax- § 739. Bcsides the ad mdorein tax, the following specific taxes 
 shall bje assessed per annum, and estimated in fixing the rate per 
 cent. : 
 
 1. Practitioners of law, physic and dentistry, five dollars each. 
 
 2. Daguerrean, Ambrotype, Photographic and similar artists, 
 five dollars. 
 
 3. Every free white person between the ages of twenty-one 
 and sixty, twenty-five cents. 
 
PT. 1.— TIT. 7.— CHAP. 1.— Public Retenue. 
 
 147 
 
 Article 2. — System of Taxation, and Persons and Property Taxed. 
 
 4. Every free person of color between the ages of eighteen and 
 fifty, not vahieless from decrepitude or disease, five dollars. 
 
 5. To carry on the business of an auctioneer, ten dollars. Auctioneers. 
 
 6. To keep a pool or billiard table for public play, twenty-five 
 dollars. 
 
 7. To keep a bagatelle table for public ])lay, ten dollars. Ba^tciie u- 
 S. To keep a ten pin alley, or alley of like kind for juiblic play, ^'^^ . 
 
 ten dollars. Jcy- 
 
 9. To keep any other table, stand or place, for any other game Any other 
 or play, with or without a name, unless for exercise or amuse- or^wuhout a 
 ment only, and not prohibited by la-\v, ten dollars. "■^™^" 
 
 10. To keep a public race-track, fifty dollars. 
 
 § 740. Wliere persons are taxed specifically for keeping a bil- pmperty 
 Hard or pool table, bagatelle table or ten pin alley, they need not S'^not fo 
 give in the value thereof. ^ * ^^ '•''t>"-ne<L 
 
 § 741. 'No assessment or payment of tax to the State is to ex- Liccnse- 
 onerate the person from taking out license from the county, or ^ry" fter *"* 
 city or incorporated town, in cases where they are required by tax.™*^"*^ **' 
 law so to do. * 
 
 § 742. Taxes shall be paid before any other debt, lien or claim t,^^„ ^^ ^^ 
 whatsoever, and the property returned or held at the time of giv- tnapropertr 
 ing in, or after, is always subject. uc™'^* ^"^" 
 
 § 743. All deeds of gift, mortgages, sales and assignments of conveynnc- 
 property of any kind, made to avoid paying taxes, or judgments mems to"**"' 
 ])rocured to be rendered for the same purpose, are null and void. mc"nt.'/tax- 
 
 § 744:. The person holding such property, or to whom such Don7e','&c., 
 conveyance may be made, is liable for such taxes, and the prop- ^["P'^'^'J' •'*" 
 erty also, whenever found, no matter in whose possession it mav 
 be."^ 
 
 ARTICLE III. 
 
 TAXES ON BANKS, RAILROADS AND OTHER CORPORATIONS. 
 
 Section. 
 
 745. Banks, <fcc. — how taxed. 
 
 746. Railroads and other corporations. 
 
 747. Private banks and bankers. 
 
 748. Special provisions for railroads. 
 
 749. Porcifrn banks — agents. 
 
 Section. 
 
 750. Foreign Insurance Companies. 
 
 751. Express Companies. 
 
 752. Lotteries. 
 
 753. Illegal sale of lottery tickets. 
 
 754. How contested by defendant. 
 
 § 745. The several banks or othew corporations in this State, ^sed^'^'"' 
 having banking privileges, shall pay a tax annually of forty cents 
 
148 FT. 1.— TIT. 7.— CHAP. 1.— ruuLic Eevenue. 
 
 Article 3. — Taxes on Banks, Railroads and other Corporations. 
 
 on every hundred dollars of the highest amount of their capital 
 
 stock paid in within the limits of their respective charters. 
 
 Tax on rail- § 74(». Tlic scvcral railroads and other incorporated or uniucor- 
 
 othorcom- porated companies of every kind, except banks, which are not ex- 
 
 ^* ^^ empt by their charter or otherwise, or for which there is not a 
 
 ditterent method of taxation specially i)rescribed, pay the same 
 
 rate per cent, upon tlie whole amount of tlieir capital stock paid 
 
 in as is levied on other capital, together witli the same rate per 
 
 cent, upon their net annual profits. 
 
 Prirate §747. The provisions of the preceding sections apply to pri- 
 
 bankors, *c. ^ , , , ^ i a. 
 
 vate bankers, brokers or excliange merchants, 
 railroads- § 748. The several railroads, by whose charters a higher tax is 
 Tilir-haif o'T^ forbidden, and such as are now, or may hereafter be in opera- 
 one percent ^.^^^ ^^^^^ ^^ ^^^ ^^^^ ^ dividend exceeding six per cent., shall pay 
 
 only one-half of one per cent, upon the net annual income of 
 ^' ta«d"' each, until they pay a dividend of eight per cent, per annum, in 
 which shall be included the reserved fund, at which time they 
 are to be taxed as other capital. 
 Acent of § 749. Every agent of any foreign bank or individual not a 
 
 ba'Sd citizen of this State, doing business herein, w^ith or without an of- 
 broker- """' fice, or through a citizen of this State or other person, shall pay 
 the same rate of tax as is imposed upon the chartered banks upon 
 one-third of the highest amount of loans or paper discounted, or 
 exchange purchased by him and running to maturity at any one 
 time during twelve months immediately preceding such returns, 
 together with the same rate per cent, ujxm the net annual profits 
 of the agency. 
 Tax on fa^ § 750. All lusuraucc Comi)anies out of this State, doing busi- 
 rauce com- ncss herein, shall pay one per cent, upon premiums received. 
 on°Express § 751. Evcry Exprcss Company doing business in this State, 
 Companies. ^|^^^j| ^^^^ ^ ^^^ ^^ ^^^ ^^j. ^^j^^_ upou the gross amouut of their 
 
 profits for each year on business done at offices in this State. 
 On lotteries. §^52. Eacli manager of any lottery, if authorized by the laws of 
 
 this State, shall pay to the State Treasurer one thousand dollars 
 
 annually, free of all costs of collection. 
 nicfrai sa\c § 753. If any person makes affidavit that any one is selling lot- 
 ticu^s— tery tickets without the authority of the laws of this State, the 
 ished.'^"^ Tax Collector of any county shall issue a, Ji. fa. or ca. sa., or 
 
 both, for the sum of one hundred dollars for each act, sworn to 
 
 a""ainst the offending person as tax executions are issued. 
 
 Fi./a. may 8 754. Tlic defendant uuiv coutest the collection of such pro- 
 be contest- '^ 1 ,. 1 i. • 1- ' .x" ^- 
 «d. cess as defendants in ordinary ^./«5. may. 
 
PX. 1. TIT. 7. — CHAP. 1. — Public Revenue. 
 
 149 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 ARTICLE IV. 
 
 TAXES— HOW RETURNED AND COLLECTED. 
 
 Section. 
 
 755. Returns of banks, &c.— how made. 
 
 756. Other returns— to wliora made. 
 
 757. Mines and farms — where taxed. 
 
 758. Mine or form on county Ime. 
 
 759. Non-residents. 
 
 760. Lands, &c., of non-residents. 
 
 761. Returns to Comptroller — how made. 
 
 762. In what funds taxes paj'ablc. 
 7G3. Returns may bo by agent. 
 
 764. Oath on special return. 
 
 765. Oath on general return. 
 
 766. Exceptions in oath. 
 
 767. Oath of agent. 
 
 768. By one of a firm sufficient. 
 
 769. "VMio may administer oath. 
 
 770. Evidence of oath. 
 
 771. When Receiver must assess. 
 
 772. Proceedings thereon. 
 
 773. Wlio may complain of returns. 
 
 774. Oath of assessors. 
 
 775. Defaulting tax-payers. 
 
 776. Relief against double tax. 
 
 777. Defaulter's oath. 
 
 Section. 
 
 778. Blanks — by whom furnished. 
 
 779. Lands — how returned. 
 
 780. How entered in digest. 
 
 781. Digests — when and where filed. 
 
 782. Mistakes — how rectified. 
 
 783. Tax overpaid refunded. 
 
 784. Before reaching Treasury. 
 
 785. Doubtful cases. 
 
 786. Defaulters double taxed. 
 
 787. Double tax on property. 
 
 788. Double tax — how avoided. 
 
 789. Agent of non-resident liable. 
 
 790. When Collector must pay, ic. 
 
 791. Insolvent list 
 
 792. Credit for — how allowed. 
 
 793. When not allowed. 
 
 794. New officers excused. 
 
 795. When their liability attaches. 
 
 796. Collector's duty as to digests. 
 
 797. Furtlier time may be ahowed. 
 
 798. Taxes for former years. 
 
 799. Estates not liable — when. 
 
 §755. The returns of all Banks, Railroad and Insnranee and 
 Express Companies and Agents of foreign Companies, author- 
 ized in this State, sliall be made to the Comptroller General by 
 the first day of May in each year, and the taxes thereof shall be paid 
 to the State Treasurer by the first day of October in each year. 
 
 § 756. All other companies or persons taxed shall make their 
 returns to the Receiver of the respective counties wliere the per- 
 sons reside, or the oflice of the company is located, e.'ccept in case 
 of mining companies, and of persons who cultivate lands in coun- 
 ties not their residence. 
 
 § 757. Mining Companies must make their returns in the coun- 
 ty where the mine is worked, and those who have such planta- 
 tions must make the returns for them, together with the slaves 
 and stock and other property employed thereon in tlie counties 
 where they are respectively situated. 
 
 §758. If there is amine or plantation on tlie line between 
 two counties, and in two or more counties, the returns shall be 
 
 Returns and 
 taxes of 
 banks, «&«. 
 
 lU^turns — to 
 whom m.ide. 
 
 Kotnrns of 
 
 Mining 
 
 Companies, 
 
 Mine or 
 plantation 
 on county 
 line. 
 
150 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 made in the county where tlie iniprovenients or most of tlie im- 
 provements are. 
 Non-resi- § 759. The provisions of tlie two preceding sections apply to 
 eluded. non-residents who hold such property in this State. 
 Eeturnsof §760. Lauds and slavcs, and other property of non-residents, 
 dents, &c must be returned and paid for in the county where the lands, 
 
 slaves or other property are respectively situated. 
 Returns § 701. The rctums of all hanks, or companies, or persons, re- 
 
 Gen«raT &I ^[uired to be nuide to the Comptroller General, must be in wri- 
 ting and sworn to by the presiding officer or agent of a foreign 
 company to be a just, true and full return of the capital stock, 
 net annual profits or other property or effects, for which said 
 bank or company is subject to taxation by the laws of this State. 
 Payment— § 762. Sucli payments must be made in the funds in which 
 taxes may be paid at the State Treasury free of any expense to 
 the State, 
 other re- 8 763. Rctums of othcr companies and individuals may be 
 
 turna— how ,11, 1 m -r-. • 
 
 made; tax— made by themselves or airents, to the proper Tax Receiver, 
 
 how paid. ;' . . , 1 
 
 by the first day of July in each year, for property held and sub- 
 ject to taxation on the first day of April previously ; and pay- 
 ments to the Tax Collector by the first day of October in each 
 year. 
 Oath on a §'^64. Pei'soiis making a special return in counties of which 
 turn'of non- they are not residents, shall take a special oath as follows : 
 
 " You, A. B., do swear that you are not a citizen of the coun- 
 ty of , and that the account you now give in is a just and 
 
 true return of all the pro])erty which, by the law, you are re- 
 quired to give in and pay for in the county of , and that 
 
 it is not worth more than the valuations you liaye affixed to it to 
 the best of your knowledge and belief. So help you God." 
 oathongen- § '^^•'^- Pei'soiis making a general return must take tlie follow- 
 
 eral returns, j^g^^t^^. 
 
 " You do solemnly swear or affirm, that the account you now 
 give in is a just and true return of all the taxable property, in- 
 cluding solvent notes, bonds, open accounts or other obligations 
 for money on persons in other States, or bonds of the Confederate 
 States or of other States, or bonds of corporations or companies 
 of other States, or shi2-)ping at sea, which you were possessed of, 
 held or claimed on the first day of April last, or was interested 
 in, or entitled unto either in your own right or in the right of 
 any other person or persons whatsoever, as parent, guardian, ex- 
 
PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 151 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 ecutor, administrator, agent, trustee, or in any other manner 
 wliatsoever, and that the vahie you have afiixed to it is a just and 
 true valuation to the best of your knowledge and belief, and that 
 you have given in, by number and district, to the best of your 
 ability, all the wild and unimproved lands you own in this State. 
 So help you God." 
 
 § 766. If a person so making his return is liable under the law Kxcepuon 
 to make a special return, he shall insert, at the proper place in oath"*^*^ '" 
 said affidavit, these words, " except such property as by law, I am 
 compelled to return in some particular county or counties." 
 
 §767. When any of the oaths aforesaid are taken by an agent, oath of 
 there sliall also, at the proper place, be inserted, that he does so"*"'"'' 
 as agent for a certain person or persons, or company, naming 
 them. 
 
 §768. Such oaths taken by any one member of a lirm or imin-oatuofone 
 corporated company, without a presiding officer, shall be suffi- Sdlnr 
 cient as to said lii'm or company property. 
 
 §761). They are taken before the Tax Eeceiver, who is author- (j^t,j3_i^„,^ 
 ized to administer them, but the oath of non-residents, females, *''''^"- 
 absentees and sick persons may be written out in full and taken 
 before any person authorized to administer an oath and delivered 
 to the Receiver, w^ho shall file sucli oaths in the office of the 
 Clerk of the Inferior Courts. 
 
 §770. The entry in the digests of tiie tax payers returns sliall nigest- 
 be prima facie evidence of his having taken sucli oath, and if<k^n"ccr'p'en- 
 false he is guilty of false swearing, and is liable to be indicted oatL.^"''*''^''' 
 and to be ])unishcd therefor, as proscribed for other cases of false 
 swearing in the Penal Code. 
 
 § 771. Each return shall be scrutinized carefully by the Tax in case of 
 Receiver, and if in liis judgment he shall find the property em- i>x rc-"""" 
 braced in the return, or any portion of it, returned below its asscsl vtiu«. 
 value, he sliall assess the value at once or within thirty days 
 tliereafter. 
 
 §772. If such assessment is not made by the Receiver in- subsequent 
 stanter, he shall give the tax payer notice of his assessment, and ^"■'""''^"'^'' 
 in either case it shall be the tax payer's privilege to have it 
 left to three disinterested persons, one of whom he shall select, 
 the other shall be selected by the Receiver, and these two shall 
 select a third if they disagree, a majority of whom sliall fix the 
 assessment. 
 
 §773. It is the privilege of any tax payer of tlie county, 
 
152 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 ft^^eT^e^^ where a return is made, to complain to the Receiver at any time 
 tow its value. i^g^Qj.g j^jg djgest is Completed, that anv return is below the true 
 value of the property, in which case he shall notify the person 
 who made the return complained of, if practicable, verbally or 
 by \vi*itiiii::, giving him the name of the complainant and the 
 ground of complaint, and shall proceed to have a new assessment 
 in the terms of the preceding section. 
 Oath of as- §774. Whenever such assessors are called in, they shall take an 
 
 sessors. t) i j 
 
 oath before the Receiver to do justice between the parties at va- 
 riance touching the true assessment of the tax return. 
 Defaulting § 775. Wlicu a tax payer has been returned as a defaulter and 
 how re- doublc taxcd, either by the Receiver or Collector, the Justices of 
 
 lieved -when -r • r^ 
 
 doubled the Inferior Court are authorized to relieve the defaulter of the 
 
 taied. 
 
 penalt}' for default at the time said Justices allow the Collector 
 his resolvent lists, provided, that said tax payer shows to such 
 Justices by satisfactory evidence that either from Providential or 
 other good cause he had not an opportunity to make his return 
 to the Receiver of Tax Returns and at the time of such release 
 promptly pays his proper tax and one dollar to the Collector as 
 his fee, the Collector shall promptly inform the Comptroller 
 General of such release and the amount of taxes paid. 
 Defaulters- § ^^'^^- ^^^ defaulters may at any time and for the same causes, 
 "douYis before the digest is made up and ready to be sent to the Comp- 
 troller, save the double tax, by likewise giving in to the Clerk of 
 the Inferior Court and paying him one dollar, who shall give a 
 copy of such returns instanter to the Receiver and he shall enter 
 it in the several digests. 
 Defaulters § '^''"^- ^hc Clcrk, in the cases set forth in sections 775 and 776, 
 °^^ shall require the tax payer to swear to the cause of his delay, 
 
 and shall state the same in the copies furnished the Comptroller 
 or Receiver. 
 Comptroller § 778. The Comptroller General shall furnish all the Receivers 
 furnish Ke- of Tax Rctums witli a sufficient number of blank forms to con- 
 bialk forms, fomi to ^^hc tax laws, by which they shall make out their three 
 Digest*- digests and each dio-est shall be of uniform size, and when re- 
 
 nowmade. ^ o ' 
 
 turned shall be bound and labelled. 
 K.tum of § 770. In making a return of taxable property the person re- 
 made?''^'^ tumiug, wlicu making a general return, shall give in each tract 
 or lot of land he may own, specifying its location by number, 
 district and section, if known, the number of acres, if known, 
 and its aggregate value, in which must be included the value of 
 
 hoT 
 
 from 
 
 tax 
 
PT. 1.— TIT. T.— CHAP. 1.— Public Eevenue. 153 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 the buildings, machinery, toll bridges, ferries, or other improve- 
 ments thereon or appm-tenant thereto. 
 
 §780. Such tosrether with the retm-ns of personal estate andEetnms— 
 Other interests, the sul^ject of taxation, must be returned and set in dig^^ste. 
 dowTi in the digest in separate colunms according to the classifi- 
 cation furnished the Receivers by the Comptroller General in 
 each year, and their aggregate value carried out, less the ex- 
 emptions, such being specified. 
 
 §781. The Receiver must make out three of such digests in aNumbprof 
 fair and legilile hand -writing, and furnish by the first day of whom fur- 
 August, in each year, one to the Comptroller General, one to the 
 Clerk of the Inferior Court and one to the Tax Collector. 
 
 §782. If a Receiver makes a mistake in his digest, it is the Mistakes in 
 duty of the Comptroller General, with the sanction of the Gov-rccted. 
 ernor, to correct such mistake by making the necessary entries in 
 the digest furnished the Comptroller, and must in writing notify 
 the Clerk of the Inferior Court and the Tax Collector of the 
 county from which such digest comes, of such mistake and cor- 
 rection. 
 
 §783. If by reason of such mistake, or from any other cause, Tax ovcr- 
 a tax payer's money is in the treasury for a greater amount than Fefunde/ 
 he is liable for, of which such officer is clearly satisfied, he may Treasury. 
 certify the same to the Governor, who shall, if he approves, draw 
 his warrant on the Treasurer in favor of such tax payer for the 
 projier amount, out of any monies not otherwise appropriated. 
 
 §784. If such mistake is ascertained before the Tax Collector And before 
 has paid the amount into the treasury, the Comptroller General, rrcJury. 
 with the sanction of the Governor, shall authorize such Collector 
 to refund the amount, or if he has not collected it, to order him 
 to desist. 
 
 S785. When anv similar cases arise, which are doubtful in the doubtful 
 
 o „ 7 cases. 
 
 opinion of the Governor, he shall refer the matter to the General 
 Assembly. 
 
 § 786. If a person fails to make a return in whole or in Defaulters 
 
 f. .1 r\^ 1 1 ■ , . 1 ^ /, 1 to bi^ doubly 
 
 part, or tails to atnx a value to Ins property, it is the duty ot the taxed. 
 Receiver to make the valuation and assess the taxation thereon, 
 and in all other respects to make the return for the defaulting 
 person, from the best information he can obtain, and having done 
 so, he shall double the tax in the last column of the digest against 
 such detaulters, after having placed the proper market value or 
 specific return in the proper column. 
 
154 PT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 Propertynot ^787. If tlierc is taxable property, real or personal, in a coun- 
 
 returned to ^ i. r .. ' i 7 
 
 be dmibiy tv, cxcoi)t vacant or wild lands, that to the satisfaction of the 
 
 taxed by Ke- . 
 
 ceivcror Receiver, when he comes to conclude liis dio-est, is not returned 
 
 Collector. ' n 5 
 
 by any person, and he does not know the owner or possessor, it 
 is his duty to assess and double tax it, describing it particularly, 
 and the same power is conferred on the Tax Collector, as to such 
 property, when not assessed or overlooked by the Receiver, 
 whendc- § T'^S. If persons who are required to Lcive in land and negroes 
 
 fau Iters not . ■, . , , ... ' , i ti i t? t i 
 
 liable lor m tlio couutics whcrc Situate lau so to do, they shall be liable 
 
 double tax. 1 j- ^ i i i i -r-» • " i i • -i 
 
 only lor the real tax assessed by the Receiver, unless they tail to 
 pay the amount by the time required, in which event the Collec- 
 tor shall collect the double tax and issue process therefor. 
 Agents of § 789. All pei'sous who give in property for persons not resident 
 dents per- iu the State, shall be personally lial)le for the taxes, as well as 
 
 sonally , • • i i i • 
 
 liable. tJie principal and his property. 
 
 When Col- §700. The several Tax Collectors must pav into the State 
 
 lectors to ^ • 
 
 pay taxes ircasury the taxes of their respective counties by the twentieth 
 
 into Irca- "i i. .. 
 
 8ury ami Jav of December of each year, and shall at the same time, pre- 
 
 present in- " ./ 7 7 j. 
 
 solvent list, sent their insolvent list, duly certified to have been allov/ed them 
 by the Grand Jury, or the Justices of the Inferior Court if the 
 Grand Jury has not acted in the premises. 
 
 Disposition §791. Wlieii siich lists are allowed they must be entered on 
 
 list-when the minutes of the Inferior Court, and the Clerk thereof must 
 furnish the Collector certified copies thereof, stating in tlie cer- 
 tificate when and by what tribunal allowed. 
 
 Unallowed §792. Collcctoi's sliall uot be credited by the Comi^troller Geii- 
 
 insolvent i • i • •/ i 
 
 list-when eral with an insolvent list, without beino; thus allowed, unless 
 
 to be placed it. ., 
 
 lo '^s'^credit ^ -^ have first made Iwnajide applications, as required by law, to 
 the proper tril)unals and liave failed to have them allowed, from 
 some cause not of their fault, as the failure of tlie Court or Jus- 
 tices to meet, or for some Providential cause, which fact shall be 
 certified to tlie Comptroller General by the Clerk of the Superior 
 Court, when sulficient evidence shall be produced to show that 
 the list was insolvent. 
 When not. §793. They shall not, under any circumstances, be allowed or 
 credited with such lists after executions are issued against them 
 for taxes, until they go to the Comptroller General and settle 
 fairly and fully with him. 
 shain.c""'' §794. The time l)y which digests shall be completed, and the 
 Recdvl-rs taxcs paid, does not a})ply to Receivers and Collectors who have 
 tors. " ""' not been in ofiice h)ng enough to make such compliance, but in 
 
PT. 1.— TIT. 7.— CHAP. 1.— Public Kevenue. 155 
 
 Article 4. — Taxes — How Returned and Collected. 
 
 all such cases siicli officer must respond to the requirements of 
 the Comptroller General. 
 
 §795. Such officers are not liable for the i)enalties fixed for Ncwiy elect- 
 those regularly elected, until after the time allowed bv the Comp- and coiiec- 
 
 n /^ 11 • 1 1 11 1 " 1 • tor to have 
 
 troller Cieneral has expired, unless they have been so long m time. 
 office as would have been sufficient for the regular officers, 
 
 §796. It is the duty of tlie Collector to examine the digest of collector to 
 
 1 T» • 1 • !• 1 1 /• 1 p 1 1 examine di- 
 
 the Keceiver, and it he knows oi any deiauit not entered, to gest of ko- 
 
 ._ _ cci vcr to 
 
 make a schedule of such in the same manner as done by the Re- ni«kc k 
 
 i> 111 1 f> 11 scliedulo of 
 
 ceiver, and ot any other that he may then or afterwards learn, defaulters 
 
 , \ ^ . ' 1 . ' and to 
 
 and of their property, and assess a double tax in the same man- 'i,""i^ie tax 
 
 ^ i. X. ^ y _ tiio same. 
 
 ner the Receiver is allowed to do, one copy of which shall be fur- 
 nished to the Comptroller General to add to the digest in his 
 office, and another to the Receiver, who shall likewise correct his 
 digest. 
 
 § 797. And in other cases where any unexpected obstacles oc- comptroller 
 cur to completing the digest or paying over the taxes within the aiu?w7u"''^ 
 time prescribed, it is in the discretion of the Comptroller General 
 to allow further and sufficient time. 
 
 §798. Receivers and Collectors are required to receive the re- Taxes for 
 turns and to collect the taxes thereon for former years, when any J^Iow r^*^-*" 
 person or county are in default, which taxes shall be assessed ac- collected, 
 cording to the law in force at the time the default occurred, and 
 shall be so specified in the digest. 
 
 § 799. The estate of any person shall not be liable for default Estate not 
 when said person may have died before the time expired for giv- fault— when; 
 ing ill taxes for the year, and the representatives or any heir may event to be 
 
 ji 1 • !• 1 1 i 1 11 doubly tax- 
 
 give 111 the same, and m any event, lor that year, such estate shall ed tiio first 
 
 11-11 111 year. 
 
 not be liable to double tax. 
 
156 
 
 PT. 1.— TIT. 7.— CHAP. 1.— Public Eeyenue. 
 
 Article 5.— Delinquc^c Tax Payers and Proceedings against them. 
 
 ARTICLE Y. 
 
 DELINQUENT TAX PAYERS AND PROCEEDINGS AGAINST TIIEM. 
 
 Section'. 
 
 813. Sales under tax^. /a.s. 
 
 814. Excess — how disposed of. 
 
 815. Conveyance to purchaser. 
 
 816. Purchaser to have possession. 
 
 817. Property exempt from sale. 
 
 818. Claims — condition of claim bond. 
 
 819. Unreturned property — proceeding. 
 
 820. Owner may redeem land sold. 
 
 821. Defaidting free negroes, &c. 
 
 822. Ta.xji.fa. runs to any county. 
 
 823. Penalty against defaulting brokers. 
 
 824. Defiiulting corporations, &c. 
 
 Comptroller 
 General to 
 issue,^'./(/. 
 .igalnst cer- 
 tain delin- 
 quents. 
 
 Penalty 
 against de- 
 linquent in- 
 corporations 
 
 Penalty 
 against cor- 
 porations 
 &c. 
 
 Penalty 
 against for- 
 eign Insur- 
 ance Compa- 
 nies, &C. 
 
 Penalty 
 against lot- 
 tery dealers, 
 
 Where no 
 return 
 Comptroller 
 General to 
 assess tax. 
 Fi.fas. is- 
 sued by 
 Comptroller 
 General 
 against a 
 CompMiy — 
 how direct- 
 ed, &c. 
 
 Sectio.v. 
 
 800. Defaulting corporations. 
 
 801. Forfeiture of charter, Ac. 
 
 802. Penalty where none is fixed. 
 
 803. Default tax on foreign corporations. 
 
 804. Penalty on lottery dealers. 
 
 805. Assessments in absence of returns. 
 
 806. Fi. fa. vs. corporation. 
 
 807. Fi. fa. vs. agent — how executed. 
 
 808. Duty of collecting officer, 
 son. Relief of one unjustly put in default. 
 
 810. Collector s yi. /a. — how issued, &c 
 
 811. By whom and how executed. 
 
 812. Authority of Constable. 
 
 § 800. If any corporation, company, person, agency or institu- 
 tion, who are required to make their returns to the Comptroller 
 General, shall fail to return the taxable property or specifics, or 
 pay annually the taxes for which they are liable to the State 
 Treasurer, the Comptroller General shall issue against them an 
 execution for the amount of taxes due, according to law, together 
 with the costs and penalties. 
 
 § 801. The penalty against all such corporations shall be the 
 forfeiture of their charters, and if not chartered by this State, 
 then the immediate suspension of their business therein. 
 
 § 802. The penalty or default tax on banks, railroads, and oth- 
 er corporations, where there is no special provision, shall be three 
 times the amount of their lawful tax. 
 
 § 803. The penalty or default tax on foreign insurance compa- 
 nies shall be five hundred dollars, on foreign bank agencies two 
 thousand dollars, on express companies ten thousand dollars. 
 
 §804. Tlic })enalty on lottery dealers, if there should be any 
 authorized by the laws of this State, shall be three times the 
 amount of tlie taxes assessed. 
 
 § 805. When there is no return by which to assess the tax, the 
 Comptroller General shall, from the besc information he can pro- 
 cure, assess in his discretion. 
 
 §806. The executions issued by the Comptroller General 
 against any bank or other company, shall be directed to all and 
 singular the Sheriffs and other lawful otiicers of this State, with 
 directions to levy the same on the property of the corporation or 
 
FT. 1.— TIT. 7.— CHAP. 1.— Public Eevenue. 157 
 
 Article 5. — Delinquent Tax Payers and Proceedings against them. 
 
 company, with power to issue and serve garnisliments upon the 
 debtors of the corporation. 
 
 S807. The executions as-ainst aorents of forei2:n institutions ^'./rt-!. vs. 
 
 /> •11111 '^1 ••1 1 • .ifentsoffor- 
 
 as aioresaid, shall be aganist the principal, agent, or his successor, cignCompa- 
 and shall authorize the officer to levy on all the property of the 
 agency, to seize its money, notes, or other effects. 
 
 § SOS. When an officer collects money on such process or on Money rais- 
 any other issued hy the Comptroller General, he shall, without.A./?/".''to''be 
 delay, remit the same to him by some safe and speedy method, and s"nt to''^''' ^ 
 on failure to do so is liable as he would be to other plaintiffs. oln^rli " 
 
 §809. AVhen a person shall have lawfully returned and paid oncwronRiy 
 
 ^ ■ . • . I'j^i^i if.1 . 1 iudgedade- 
 
 Jiis taxes ill one county, and is treated as a deiaultcr in another fauitc:^-how 
 for the same tax, or any portion thereof, tlie Grand Jury or the 
 Justices of the Inferior Court of the county claiming the tax, 
 may discharge said defaulter, which will exempt him from liability 
 for it, and shall authorize the Comptroller to credit the Collector 
 for the same, and the Governor to draw his warrant therefor. 
 
 §810. Executions for non-payment of taxes, against persons Tax coiiec- 
 who are not required to pay to the Treasurer, are issued by the -C'tien'^lnd 
 Tax Collectors of their respective counties as soon as the last day ^"^ '*^^*'^*^' 
 for payment has arrived, and must be directed to all and singular, 
 the Sheriffs and Constables of this State. 
 
 §811. Executions may be levied by eitlier of the officers to By whom 
 whom directed, or other officer, who by law may be authorized sales under, 
 in their place ; when the principal amount does not exceed fifty 
 dollars, the levy and sale must be made by a Constable and not 
 otherwise; if the Constable levies on laud or negroes, they must 
 be returned to and sold by the Sheriff" of the county. 
 
 §812. The Tax Collector may place his fi.fas. in the hands of constable 
 any one Constable of the county, who shall be authorized to col- any p^rt of 
 
 1,1 ,1 • , (» 1 the county. 
 
 lect or levy the same m any part oi the county. 
 
 § 813. Sales under tax fi. fas. shall be made under the same saies under 
 rules governing other judicial sales. tax >./««. 
 
 § 814. If there is any excess, after paying taxes and all ex- exccss- 
 penses, it shall be immediately paid to the person authorized to '*^'^'"" ' 
 receive it. 
 
 §815. The deed or bill of sale made bv such officer shall be Deed made 
 lust as valid to the i>urchaser as it made under tlie ordinary pro- ^x./*'-/"- 
 cess ot law issuing irom the Superior Court. 
 
 §816. The officer selling has the authority to put purchasers in J,SK 
 possession of land sold, as in other cases. CT*^'"""^ 
 
158 FT. 1.— TIT. 7.— CHAP. 1.— Public Revenue. 
 
 Article 5. — Delinquent Tax Payers and Proceedings against tliem. 
 
 true owner. 
 
 Land sold 
 
 Property ex- §817. Property exempted from levy and sale ordinarily, is 
 empt rom g^^jj-^p^g^j fj.Q^j^ Igyy ^nd Sale for taxes. 
 
 Claim may §818. Wlien propcrty is levied on under a tax /. fa.^ issued 
 J^seTwhcn either by the Comptroller General or Tax Collector, it may be 
 kvifdf''' '* claimed by a third person, and tried in the same manner as other 
 gh4™bon? claims are, except that the claimant shall give a bond and securi- 
 aWe a°s on '''ty for the eventual condemnation money, and if found subject, 
 appeal bond. ^^^^ claimant and his sureties shall be in all respects liable as on 
 
 Property not ap{)eal boud. 
 
 Msesse^dto"' §819. "When property is assessed for taxes which has not been 
 h?red!*l)ver- rctumcd by any one, as soon as assessed, the Tax Collector shall 
 onUM^,** at once issue an execution against it for the amount due and 
 daiireYby costs, and the Sheriff shall advertise it for sale in some public ga- 
 zette ninety days before the day of sale, and if, by said day, the 
 taxes are not paid, it shall be sold, provided, renting or hiring 
 will not bring the requisite amount. AVhatever overplus there 
 may be shall be paid over to the Ordinary as a part of the Edu- 
 cational Fund, with a statement of the property and account of 
 sales, subject to the claim of the true owner within four years, 
 under tax/. §820. AVlienevcr any land is sold by virtue of a tax execution 
 
 fa. may be o '' > i i i 
 
 redeemed by |gg^e(j undcr tliis Codc, the owucr tlicreof shall have the privilege 
 
 owner. ' ^ "-^ 
 
 of redeeming said land tlius sold, within one year, b}^ P^^yhig the 
 purchaser the amount paid by said purchaser for said land, with 
 ten per cent, premium thereon, from the date of the purchase to 
 
 Free nefrroes the time of payment. 
 
 b^ hired out § 821. Free persons of color, whose taxes are not paid and have 
 not property sufficient, shall be hired out, from year to year, at 
 any time, on ten days' public notice, and the overplus, if any, paid 
 
 status when to the guardiau. A written direction from the Tax Collector 
 
 ^valtoit shall be sufficient authority for such hiring by the Sheriff. The 
 
 ^^''^''' status of the free person of color, during the time of hiring, is 
 
 Tax/./«. that of a slave. 
 
 wSnty."""^ §822. If there is not sufficient property in the county where 
 the tax payer resides to satisfy the taxes, property situated in 
 any other county, is the subiect of levy and sale. 
 
 Brokers, &;c., •■' i t-» -n i 
 
 failing to re- g 823. If auy Broker, Private Banker, or Exchange Merchant, 
 
 turn amount o ./ ^ i ^ > 
 
 of capital, Qi- their Agents, in this State, fail to return the amount of capi- 
 
 taxed $500. ° ' . ' ^ 
 
 tal they intend to employ during the year, they shall pay a tax 
 T^ , ,,. of five hundred dollars, to be levied and collected as other taxes. 
 
 Defaulting ' 
 
 companies. g 824. Any incorporated, or other company, making default, 
 shall be taxed by the Collector as such defaulters are by the 
 Comptroller General. 
 
PT. 1.— TIT. 7.— CilAP. 1.— Public Eevenue. 159 
 
 Article 6. — Delinquent Tax Receivers nnd Collectors and Proceedings against them. 
 
 AKTICLE YI. 
 
 DELINQUENT TAX RECEIVERS AND COLLECTr)RS AND PROCEEDINGS 
 
 AGAINST THEM. 
 
 Section. ISectiox. 
 
 825. Penalty for not completing Digest. \ 833. Amount of penalty. 
 
 826. Penalty for improper Digest. ; 834. J'/. /as. vs. Tax Officers. 
 
 827. Penalty for useless Digest. | 835. Howy?. /a. may be suspended. 
 
 828. Receivers' liability — how enforced. ' 836 Property bound from date of bond. 
 
 829. Penalty for false Digest. 837. Sales under fi. fa.s. vs. Tax Officers. 
 
 830. Penalty for deceiving tax payer. \ 838. Collector must await digest. 
 
 831. Altering Digest by Collector. 839. M ust give bond, &c., before ho collect. 
 
 832. ^7. /a. vs. Cftllect^ir and Sureties. f^lO. Governor mny vacate commissions. 
 
 §825. If a Tax Receiver fiiil.s to liave his digest completed Koooivcr 
 and deposited by the first day of August in each year, unless ex- compfoto di 
 cused by the terms of the law or by the Comptroller General, hewt'commi* 
 forfeits, for every week's delay, one-tenth of his commissions;""""' 
 and if the delay extends beyond thirty days he forfeits one-half 
 his commissions ; and if beyond the time when tlie Governor and 
 Comptroller tix the rate per cent., he forfeits all his commissions. 
 
 §826. If he fails to make out his digest in the manner pre- FaiiinR to 
 scribed by law, or to comply with the directions given him by lllr dipc^s't," 
 the Comptroller General, in so doing he forfeits one-half hi.-; com- hair 
 
 to forfeit 
 
 f commis- 
 sions. 
 
 missions. 
 
 §827. If such digest is made out so badlv a.s not to answer tlic Making .i 
 
 ,. , 1 , \ 1 i> £> • 11 1 • ' • • 1 useless di- 
 
 purpose ot the tax laws, he torieits all his commissions, and must cest, to for- 
 be removed from office by the Justices of the Inferior Court, on missions and 
 
 l)c rcmovGtl 
 
 the request of the Comptroller General. 
 
 § 828. If he receives commissions, which he is not entitled to BecominR 
 
 , • • , 1 , , ^.indebted t" 
 
 receive or retain, or in any other manner becomes possessed of the state- 
 any money belonging to the State, or incurs any liability thereto, i!4ire again 
 the Comptroller General is autliorized to issue execution or other 
 legal process against him. 
 
 §829. If a Receiver makes a false return in cither of his di-Makin- false 
 
 , ,. Tiinnrt 1 return to an- 
 
 gests, expressive ot more than is returned, he shall forfeit to theswerto par- 
 
 .,.,, . ^ ty agricved. 
 
 party aggneved, m all cases, one hundred dollars, and if the 
 amount out of which such party is defrauded by such return is 
 more than one hundred dollars, then ten dollars for every one 
 dollar over that amount, to be recovered by a qui-tam action. 
 
 § 830. If, by any device, intentionally, he causes the tax payer Liable for 
 to pay more than his lawful tax, the provisions of the preceding tax ply"?. 
 section apply. 
 
160 PT. 1.— TIT. 7.— CHAP. 1.— Public Revekue. 
 
 Article C — Delinquent Tax Reoeivera and Collectors and Proceedings against them. 
 
 Collector 8 831. If auv Collector, with fraudulent intent, altere the di- 
 aitcrinpdi- rrest rcndcrcd to lum, or anv other ot tlie dij>:ests ot his county, 
 
 pest, fruiltv , ,* .. 1111 •111*^ 
 
 offort'ery.' lie is j^uilty ot lorgcry, and, on conviction, sliali be punished by 
 imprisonment in the Penitentiary for not less than two nor long- 
 er than ten years. 
 Execution to § 832. If any Collector shall fail to settle his accounts with the 
 hiToS*' Comptroller General in the terms of the law, he shall issue exe- 
 hls^^w^nt^ cution against him and his sureties fur the ])riiicip;il amount, 
 
 with the penalty and costs. 
 Amountof §^33. The penalty is twenty i>er cent, per annum, u])(>n the 
 penalty. amouut retained, i'mm tlie time of dci'uult until I'uid, mIu'cIi in- 
 cludes interest. 
 ri./a*. §834. All executions and other ])rocess against Collectors and 
 
 i^Show Receivers must be directed to all and singular the Sheriffs of this 
 wc^uted.""*^ State, and must he executed by them, their lawful deputy, or 
 
 other officer lawfully in their stead. 
 Not to he §835. Executions so issued shall not be suspended or delayed 
 suspended, ^^^ ^^^^^ judicial interference with them, but the Governor may 
 suspend the collection not longer than the next meeting of the 
 General Assembly. 
 
 S 836. The property of Collectors, Receivers and of their sure- 
 
 Property of" 11./ . r t • t ^ n ^ 
 
 Collectors, tjeg are bound, from the execution ot their bonds, for the pay- 
 
 Itecclvcrs, ' ' , , . t . 
 
 '^<=- ment of taxes collected and the discharge ot their duties. 
 
 Lev and § ^^^- '^^^^ proccediugs in selling property under such execu- 
 Tfcu'^c tions must be the same as wndcr Ji. fas. issued from the Superior 
 Court. 
 
 § 838. If any Collector shall collect, or attempt to collect any 
 
 Collcctornot " t-. . i .,,.,. 
 
 to collect taxes before the Receiver has comi)leted and transmitted his di- 
 
 taxcs, ikc 
 
 gest to the Comptroller General, unless specially so ordered by 
 such officer, or allowed by special enactment, he forfeits to the 
 State doulde the amount so collected, or attempted to be col- 
 lected, to be recovered by execution issued by the Comptroller 
 General. 
 
 § 839. If any Collector collects, or attempts to collect, any tax 
 to collect lax before lie has giyen, and had approved the necessary bonds and 
 ing bond, Jcc security, and taken the oaths of office, he is guilty of a misde- 
 meanor, and, upon indictment and conviction, shall be lined not 
 less than one hundred dollars, and, in addition, double the amount 
 so collected, and in default of payment three months' imprison- 
 Governor mGut iu the comiupu jail. The Governor may vacate the com- 
 foSJiS. missions of defaulting Tax Collectors, or of Tax Receivers failing 
 
PT. 1.— TIT. 7.— CHAP. 1.— Public Eevenue. 161 
 
 Article 7. — Tax Receivers. 
 
 or refusiiiii; to do tlieir duty, and in such event the vacancy shall 
 be filled in the manner prescribed for other vacancies. 
 
 AETICLE YII. 
 
 TAX in-;CKIVEHS. 
 
 Sbotion. .Section-. •» 
 
 840. now Receivers are elected. &c. i S46. Penalty for rofusinu: ictiirn. 
 
 Sti. Vacancies — how filled. i^-i~- Party refused, i^c. 
 
 842. Receiver's oath. I 8-18. Clerk must forward returns. 
 
 843. Liability on bond. 1 849. Claim of right to assess — no refusal 
 
 844. Receiver's duties specified. • 850. Receiver's pay from county. 
 
 845. His failure to advertise — no excuse. ! 
 
 §840. Tax lleccivers sludl be elected on the first "Wednesday Tax Kecciv- 
 in January of each year, for the term of one yeai-, an<l are com- elected, &c. 
 missioned and qualified as Clerks of the Superior Court are. 
 
 ^841. Vacancies are filled as vacancies for such Clerks, but ifvaeancics— 
 there is not time to fill the same by the first day of May in each'""''""'"'' 
 year by election, the Justices of the Inferior Court shall aj)point 
 one, who shall discharge the duties of the office for the balance 
 of the year. 
 
 § 842. Such Receiver, whether elected or apppointed, before Keeeiver's 
 entering on the duties of his office, besides the oath required ''''*''■ 
 of all civil officers, must take rfiid subscribe the following oath : 
 
 " I swear that I will truly and faithfully perform the duties of 
 Receiver of returns of taxable property, or of persons or thino-s 
 specially taxed in the county to which I am appointed, as re- 
 quired of me by the laws, and will not receive any return but on 
 oath or affirmation, and will, before receiving returns, careiiiUy 
 examine each, and M'ill, to the best of my ability, carrv out all 
 the requirements made upon me bv the tax law. So help me 
 God." 
 
 lie shall also, at the same time, give bond and security in Amount of 
 double the amount of the taxes due the State in his county, ta-iond!^"^ 
 king the taxes of the }»rcvious year as a basis, subject to be in- 
 creased or diminished according to the rate per cent, of taxa- 
 tion and the directions of the Comptroller General. 
 
 §843. Receivers and their sureties are liable on tlieir bonds Li.abjjity of 
 for all penalties or forfeitures they may incur imdev the laAv, ^c,'^""'^'"^ 
 and tbr all losses, or damage, or expense the State may sus- 
 tain by reason of their conduct. 
 'll 
 
162 rX. 1.— TIT. 7.— CllAr. 1.— Public liiiviiNUE. 
 
 Article 7. — Tax Receivers. 
 Duties of §844. It is his duty — 
 
 Eeceiver ' n-. • n /• , ■ i • ^i ,• i • i 
 
 •numeroud. 1, 1 o recGive all retuHis 01 taxGs Mitlim the tunc aiul m tlic 
 iiiaiiiKT ])re^(•l•ibed bv law. 
 
 2. T«» make out aud perfect tl»c tliroe <li<j:;ests in writing and 
 figures i>lainly, legibly and neatly, and to properly deposit them. 
 
 3. To give ten days' notice in writing of tlic several times and 
 places at which he will attend in the several Militia Districts of 
 the county, for the purpose of receiving tax returns. 
 
 4. To attend at such place at least three times during the time 
 allowed in which to make returns. 
 
 5. To keep a standing advertisement as to the day or days 
 when he will be at the county site for such purpose. 
 
 6. To receive tax returns at any time when a tax payer a})plies 
 to give in. 
 
 T. To embrace in his digest to the Comptroller General, the 
 Clerk of the Inferior Court and the Tax Collector, respectively, 
 a list of all defaulters, and the amount of their true and double 
 tax, and of all property assessed by them and returned by no one, 
 or other S2)ecial action had in conformity to the laws. 
 
 S. To publish at the door of the Court House for thirty days 
 lists of all the defaulters and the amount of their double taxes. 
 
 9. To take from each tax payer resident of the county at the 
 time of receiving his tax returns the number of his own children 
 between the ages of six and eighteen years, and those for whom 
 he is guardian, and enter the same in the proper place and col- 
 umn in the digests. 
 
 10. To assess upon the digests deposited witli the Clerk of the 
 Inferior Court the county taxes according to law, and the rate 
 per cent, levied by the Justices of the Inferior Court. 
 
 11. To conform to such rules as he may be furnished with, 
 and to obey such orders as may be given by the Comptroller 
 General. 
 
 12. To perform all other duties that the law requires, and 
 which necessarily under the law appertain to his office. 
 
 S 845. It shall not be an excuse to any person for not nuiking 
 of Receiver, a rctum of liis taxcs as the law requires, that the Ileceiver 
 
 should fail to advertise or fill his appointments. 
 Kefusjii of § ^'^^'- ^^ ^^^y I'^ecelver refuses to receive any return of taxes 
 Kecdvcr^to ^iien properly tendered, and in presence of a witness, and in the 
 turns, && ^jj-j-^e i\^Q law recpiires, he is guilty of a misdemeanor, and, on in- 
 dictment and conviction, shall be fined not less than fifty dollars. 
 
PT. 1.— TIT. 7.— CHAP. 1.— Public Eevenue. 163 
 
 Article 7. — Tax Receivers. 
 
 § 847. The person whose return is thus refused may save a ono whoso 
 double tax by making his return to the Clerk of the Inferior Mot""ee^n re- 
 Court, together with an affidavit in writing that he tendered said '"^*^'' 
 return to the Eeceiver, stating the time when, place where, and 
 persons present, and that it was refused. 
 
 § 848. Such Clerk shall forward a copy of said return and affi- where re- 
 davit to the Comptroller General iustanter, and retain the orifji- 1" cierk'of * 
 nals for which he shall be entitled to one dollar from the tax <-""'ii't"'^ 
 payer. 
 
 §849. The claim of the Keceiver to assess a tax payer's pro- no refusal 
 perty is not a refusal to receive a return. of^ri return 
 
 §850. The county shall pay the Receiver one-half of what the Receiver's 
 Collector gets for collecting the countv tax. i>ay,&e. 
 
 AETICLE VIII. 
 
 TAX COLLECTOR. 
 
 Sectiox. 
 85G. Must give bond before he collects. 
 
 857. Couuty Collector appointed — Avheu. 
 
 858. Collector's duties specified. 
 
 859. Jlia fiiilures no excuse for others. 
 
 Sectiok. 
 
 851. Election it qualification of Collectors. 
 
 852. Vacancies — how filled. 
 
 853. Collector's oath. 
 
 854. Collector's bond. 
 
 855. Bond for county tax — how ajiprov'd. 
 
 §851. Tax Collectors are elected at the same time, in the same Election, 
 manner, for the same term of office, and are connnissioned and o?Tax cil- 
 qualitied as Tax Receivers. lectors, &e. 
 
 § 852. Vacancies are tilled as they are in the office of Receiver, vacancies 
 and section JSTo. 841 respecting Receivers, applies to Collectors, ^°'''''""^' 
 except so much thereof as fixes the first day of May, and in lieu 
 thereof for Collectors the first day of August shall be the time. 
 
 §853. Before entering on the duties of^ his office, besides the ciicctor-s 
 oath required of all civil officers, he shall take and subscribe""'''" 
 the following oath : 
 
 " I, , Tax Collector of the county of , do swear 
 
 that I will faithfully discharge the duties required of me by law 
 as Tax Collector, and that I will search out and make a true re- 
 turn of all detaulters, polls, professions, free persons of color, and 
 all taxable property not found on the Tax Receiver's diirest, or 
 not returned to the Clerk of the Superior Court by the fifteenth of 
 
164 
 
 PT. 1.— TIT. 7.— CHAP. 1.— PrBLic Revenue. 
 
 Article 8. — Tax Collectors. 
 
 Bond and sp 
 rurity to bo 
 
 Approved 
 by Inferior 
 (^oiirt 
 
 Bond to bo 
 riven, Ac. 
 
 Duty of per- 
 Bon BO ap- 
 pointed. 
 
 August, and tliat I will pa^' over all taxes collected by me as re- 
 quired bv law. So help me God." 
 
 §854. He shall also give bond and security for the State tax 
 on the same l)asis and the same terms that the Receiver is re- 
 quired to do, and shall give another bond with sufficient security, 
 l)ayable to the Justices of the Inferior Court, conditioned for the 
 faithful performance of his duties as Collector of the county 
 tax, in a sum to be fixed by such Justices. 
 
 § 855. Such bond for county taxes, when given, must be ap- 
 ju'oved by three Ju.stices of the Inferior Court, tiled in the. office 
 of their Clerk, recorded in the book with other official bonds, 
 and in all respects is an official bniul. 
 
 §856. Tax Collectors shall not collect any portion of the coun- 
 ty tax until such bond is given, and if they fail to give such a 
 bond, or one satisfactory to such Justices, they may appoint some 
 competent person to collect the county tax. 
 
 §857. AVlien such an appointment is made, the person ap- 
 pointed shall give such a bond as is required of a Tax Collector, 
 and he shall take an oath faithfully to collect and pay over the 
 county tax, and in all respects shall have the same privileges, 
 discharge the same duties and incur the same penalties as the 
 Tax Collector would in collecting the county tax. 
 
 § 858. It is the duty of the Tax Collector— 
 
 1. To diligently collect and promptly' pay over in the funds 
 allowed by law the State and county taxes to the Comptroller 
 General and County Treasurer respectively. 
 
 2. To search out and ascertain as far as possible, all polls, 
 professions, free persons of color, and all taxable property not 
 returned to the Keceiver or not found in his digests. 
 
 3. To enter all of such defaults in a book kept for tliat pur- 
 pose, to assess and collect thereon a double tax and pay the same 
 over to the Comptroller General and County Treasurer respec- 
 tively, after deducting double commissions, and to deposit said 
 book with the Comptroller General, and a copy with the Clerk 
 of the Inferior Court, before the day of final settlement. ' 
 
 4. To have. his insolvent lists allowed in the manner required 
 by law before final settlement with the Comptroller General. 
 
 5. To issue executions against all defaulters and insolvents, 
 and place them with the proper officer lor collection. 
 
 6. To give notice of the time and j^laces of his attending to 
 collect the taxes, aiul of the days he will be at the Court House, 
 
 Collector's 
 duties enu- 
 merated. 
 
FT. 1.— TIT. 7.— CHAP. 1.— Public KEVENra. 165 
 
 Article 9. — Compensation of Collectors and Receivers. 
 
 and there to attend during the time for collection as required of 
 the Eeceiver. 
 
 7. To piiblisli at tlie door of the Court House, for tliirty days, 
 his insolvent lists, including the taxes of each person thereon. 
 To furnish to election managers of the county, lists of all persons 
 who have not paid their taxes. 
 
 8. To pay the lieceiver his cunimissions u})on tlie produc- 
 tion of the Comptroller General's receipt, for his digest, with 
 a specification therein of the amount of commissions to which 
 he is entitled, and not otherwise, and to produce said Re- 
 ceiver's receipts, ^vith his receipts thereon, to the Comptroller 
 General before he shall he allowed credits for such commis- 
 sions. 
 
 9. To conform to such rules as may be furnished, and to obey' 
 such orders as may be given by the Comptroller General. 
 
 10. To perform all other duties that the law requires, and 
 which necessarily, mider the law, appertain to his office. 
 
 §859. It is no excuse to any person for not paying his taxes ooiiector'* 
 as the law requires, that the Collector should fail to advertise or noVx^cusTto 
 
 <in 1 • -J. \ defaulting 
 
 nil his appointments, taxpaxer. 
 
 ARTICLE IX. 
 
 COMPEXSATION OF COLLECTORS AND RECEIVKIIS. 
 Section- S(iO. Pay of Receivers and Collectors. 
 
 §860. The following rates of commissions shall be allowed in oommis- 
 the net amount of each digest to each Receiver and Collector of civcr and 
 
 the State taxes, to wit: 
 
 On all digests over $20,000 3 per cent. 
 
 " " 10,000 and under $20,000 4 '' " 
 
 OuUoctor. 
 
 u a 
 
 a u u u 
 
 " " " under 
 
 6,000 
 
 ik Ik 
 
 10,000 5 
 
 4,000 
 
 u u 
 
 6,000 6 
 
 3,000 
 
 u u 
 
 4,000 7 
 
 2,000 
 
 u u 
 
 3,000 8 
 
 1,000 
 
 u u 
 
 2,000 9 
 
 1,000 
 
 
 10 
 
166 PT. 1.— TIT. :.— CHAP. 1.— Piblic Revenue. 
 
 Article 10. — Miscellaneous Provisions. 
 
 APwTICLE X. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Sectiox. 'Sectiox. 
 
 861. Comptroller may make rules. I 8G3. Rules to be published. 
 
 862. Rules to be furnished tax ofiQcers. ' 864. Bonds of tax oflicers sued on. 
 
 romptroiier § 801. Tlic Comptroller General has autliority to make all 
 make rules iieedful rules and reijulatioiis for the frovernment of Tax Col- 
 
 for Collec- . i ~r> • "^ "^ i 
 
 tors and Ke- lectors and lleceivers, and any otlier rules that may be neces- 
 
 Cfivcrs. , ^ • '' 
 
 sary to insure the prompt and faithful execution of the tax laws, 
 if not in violation of or inconsistent therewith. 
 Enter tLe §. 862. Tlicsc I'liles, wliGH made, shall be entered in a book in 
 book and his officc, kept for that purpose, and be bindino; on all successors 
 
 furnish ,, -^ i 
 
 them to lie- uiitil amended or repealed, copies of which shall be printed and 
 
 ceivers and n . -, -, -r~. 
 
 Collectors, lumished to Eeceivers and Collectors at the time of sending 
 
 them the forms required. 
 And may §863. Tlicj sliall also be printed during the month of March, 
 
 themin.a Gverj jcar, in a public gazette, ■[)ublished at the Seat of Govern- 
 
 newspaiier. i '•x* • i t • /• i /-^ n i i n t 
 
 ment, n m the discretion of tlie Comptroller he shall deem it 
 beneficial. 
 Bonds of §864. Nothing shall l)e so construed as to make the Collector's 
 
 Collectors & . " 
 
 Keceivers and Kcceiver's bonds not subiect to be sned according to due 
 
 suhicct tohe •' f^ 
 
 sued on. process of law, but which is not to be done nnless some emer- 
 gency should make it necessary. 
 
 CHAPTER II. 
 
 REVKNUK FIIOM OTIIKR SOURCES. 
 
 Section. 'Section. 
 
 865. Sources of revenue, fee. \ 8G7. What fees go into Treasurj-. 
 
 see. Wliat monies go into Treasurj. t 
 
 Eevenueof §865. The sourccs from wliicli the State does or may derive 
 
 from sources I'evenue, otlicr than by taxation, are as follows: 
 
 taxation''" 1. The net earnings of the Western and Atlantic Railroad. 
 
 2. Dividends on the Bank Stock owned by the State. 
 
 3. Dividends or interests on the stock owned in the Main 
 Trunk Ivailroad. 
 
 4. Sale of State Bonds at a premium. 
 
 5. The use by individuals of any other property of the State. 
 
PT. 1.— TIT. 7.— Public Revenue. 167 
 
 Chapter 2. — Revenue from other Source?. 
 
 6. Receipts for military or other claims against the Confede- 
 rate States. 
 
 7. Receipts Irom assets of the Central Bank and otlier old 
 claims. 
 
 8. Receipts on claims from Tax Collectors or other officers for 
 previons years, which were in litiijation or regarded as insolvent. 
 
 9. Dues for the sale of reverted or otlier land, to which the 
 State may have the title. 
 
 10. Fees which the Secretaries of the Governor, the Secretary 
 of State, the Treasurer, the Comptroller General and Surveyor 
 General and Librarian may receive for official duties. 
 
 §866. All the receipts from the resources mentioned in thcMiscciia- 
 prccedinii: section, all fees not specially awarded to any particu- "f,e"to'^br' 
 lar officer, all lines and forfeitures, not otherwise disposed of, all Treasury. 
 monies collected from any source, or on any account, to which 
 the State is entitled, not otherwise directed, must Vtc paid into 
 the State Treasury. 
 
 § 867. The fees which officers arc allowed to charge and which, Fees to bo 
 when collected, must he paid to the Treasurer, are as follows: Troasure- 
 
 1. Those hy the Secretaries of the Governor — »;ovornor's 
 
 '' ^ _ Secretary 
 
 A grant for 100 acres or imder, 81 00 
 
 " " " over 100 acres or under 300, 2 00 
 
 " " " " 300 " " " 500, 3 00 
 
 " " " " 500 " " " 1000, 4 00 
 
 '' u u ;[()()()^ .^j^j over, one per cent, per acre for every ad- 
 ditional acre. 
 Affixing the Great Seal of the State by order of the Governor, 
 
 to anything of a private nature %^ 00 
 
 For every examination of records per request, 50 
 
 Administering oath of office to a salaried officer and giving 
 
 certificate thereof 1 00 
 
 Entering a testimonial, 50 
 
 Attaching the seal of the Executive De})artment 1 00 
 
 Certified copy of any record not more than 300 words .... 1 00 
 If more than 300 words, per hundred words K' • 
 
 2. Those by the Secretary of State — sccretwyof 
 For a grant of land, and affixing the seal thereto, the same as is 
 
 allowed the Secretaries of the Governor, according to the num- 
 ber of acres. 
 
 For registering each grant 8 50 
 
 For reoristerins; bond or otlier similar Avritinir 1 00 
 
168 
 
 Treasurer. 
 
 'Jomptrollcr 
 GeneraL 
 
 Surveyor 
 General. 
 
 Librarian. 
 
 FT. 1.— TIT. 7.— ruBLic Revenue. 
 
 Chapter 2. — Revenue from other Sources. , 
 
 For a testimonial, without the Great Seal, 1 00 
 
 For a testimonial, -with the Great Seal, 2 00 
 
 Affixing the Great Seal to any other paper, 1 00 
 
 For a certified copy of a jjrant to laiul, 1 00 
 
 For a certitied copy of any other paper not of more words, 1 00 
 
 For more words, per hundred, 10 
 
 For every search, per request, 25 
 
 3. Those l)y tlie Treasurer — 
 
 For every extract or copy from any l)ook, minutes or file of office, 
 
 not more than 300 words, , . $1 00 
 
 For every additional 100 words, 10 
 
 For every search, by request, 25 
 
 4. Those by the Comptroller General — 
 
 Every extract or copy from any book, minutes or file of ofKce, 
 
 not more than 300 words, $1 00 
 
 For every additional 100 words, 10 
 
 For every search, by request, 25 
 
 5. Those l)y the Surveyor General — 
 
 For examing a plat, $ 50 
 
 " recording a plat, 1 25 
 
 "• recording a plat of a town, township or village, 10 00 
 
 Transmitting a caveat to Governor and attending thereon, 1 00 
 Certified copy of au}^ original record, not more than 300 
 
 words, 1 00 
 
 For every additional hundred words, 10 
 
 Certified copy of an original warrant, 50 
 
 Issuing a certificate of a record, 50 
 
 For every search, per request, 25 
 
 6. Those by the Librarian — 
 
 Certifying to the existence or contents of any manuscript, map, 
 
 or other document entrusted to his keeping, $1 00 
 
 Furnishing copies of his catalogue of books, 50 
 
PT. 1.— TIT. 8.— Public Debt. 
 
 169 
 
 Chapter 1. — Pu))lic Debt. 
 
 TITLE YIII. 
 
 THE PUBLIC Dl'.liT. 
 
 CHAPTER I. 
 
 THE PrP.LIC DEP.T. 
 
 i?ECT10N. 
 
 868. Of wJiat bonds (lie pulilic debt, kc. 
 
 869. State bonds — how authenticated. 
 
 870. Ainonnt of bond.s, t\mo of payment. 
 
 871. Coupons — lio%v signed and paid. 
 
 872. Bond must aeeonipany coui)on. Ac. 
 
 873. State bonds — wlicre payable. 
 
 874. Bomls maybe e.xehauged — wlicn. 
 
 875. Bonds taken up not to be rc-issucd. 
 S7C. New bonds mav issue for Iftst ones. 
 
 Skctiox. 
 
 j 877. Ou wliat showing new bonds issue. 
 ; 878. State must be indemnified. 
 
 879. Bonds, Ac., paid off— how kept. 
 
 880. Payment of bonds provided for. 
 I 881. Surphis set apart. 
 
 I 882. Overphis paid to bonds not due. 
 SS."?. Bonds paid before due to be reported. 
 
 881. Provisions for education, .to. 
 
 §8()S. The iml.li( 
 bonds : 
 
 debt of this State consists of tlie following Bomis jbsu- 
 
 cd for public 
 debt 
 
 Date <•(■ 
 Emission. 
 
 Intorest. 
 
 bic. 
 
 Place of Payment. 
 
 Jan. 2.5, 1S40 6 per cent. June 1, ISTOStito Treasury. 
 
 Jan. ar^ 1 <U1 1 6 per cent. July 1, ISTl '• 
 
 J.an. 1. T<4-2 fi per cint. June 1, 1SV2 '• 
 
 June ], ^■^4•.^fl percent, Jan. 1,1873! '■ " 
 
 Jan. 1, 1S4;? G per cent Jan. 1, 1S73J •• 
 
 May 1. 1S44 7 per cent Mav 1, 1S74: - 
 
 July I.^IS-W C per cent Sept I, 1SG9 
 
 July 1. 1S48 r, porcent July 1, ls6S .Vugusti, Georsia.. . 
 
 July 1, 1H4S|G per cent July 1, ISCS, Savannah, '• 
 
 May 1, 1S4S;7 per cent., May 1, lS74|Au2:usta. Sav. or Treas. ' 
 Jan. 1, 185'2,7 per cent [Jan. 1, lSG2i Bank State 
 
 Jan. 1, 1852,7 per cent Jan. 1, 1872' 
 
 Outstand- 
 ing. I 
 
 $102,500 00 ' 
 
 156.250 00 
 
 97.0(10 Oil 
 
 101 ..'■.(10 00 
 
 (;;i..')iiii 00 
 
 To.OOO 00; 
 2fi-.'..'>00 00: 
 
 I 
 
 Bcmarks. 
 
 ( On account of "Wcs- 
 "f tern »t Atlantic K.R. 
 
 ( IJedeemable at op- 
 100,000 00 j ■< tion of State after 10 
 1 ( years. 
 i 10 years, redeem.ible 
 1 as above. 
 
 .f C.a.. 
 
 28,000 00 
 
 177.000 00 
 100,000 00 
 
 Jan. 1, 1S52 6 per cent July 1, IS 
 Jul}- 1, ]S.")5,(; per cent.l Julv 1, lsG5 
 Feb. 1, 1S5S G per cent Fel>. 1, ls7S 
 Feb. 1, 1S5;1 G per cent Feb. 1, lf>70 
 Auir. 1, InW G perccntlAus. 1, 1879 
 Fei). 1, 18G0 G per cent ' Feb. 1, 18S0 
 J.in. 20, 1S4S 7 per cent Jan. 1, ISGl 
 J.an. 20, ]'<4S 7 per cent Jan. 1, 1SG2 
 Aug. 1, ls4s 7 per cent j .Vug. 7, ISGO 
 Feb. 14, l'^4S 7 per cent Feb. 14, 1SG2 
 Feb. 1, ls4'.l 7 per cent Feb. 1, ISGO 
 Feb. 1, 1^49 7 per cent Feb. 1. 1S(W 
 J.an. 20, 1S49 7 per cent Jan. 1, 18G1 
 Jan. 20, 1S40 7 jier cent i Jan. 1. 1862 
 Feb. 1, 1849 7i)ercent!Feb. 1, 1864 
 1839 5 per cent 1869 
 
 Hank llepublic, N. Y. 
 Bank State of Ga., Sav. 
 New York i 
 
 State Treasury,. 
 
 100,000 00 
 
 625.000 00 ! 
 
 1G.500 00 
 
 100,000 00 
 
 ir.0,000 00 
 
 .50,000 00 
 
 1.50,000 00 
 
 50,000 00 
 
 20,000 00 
 
 Uedeem.ablo at op- 
 tion of State after 10 
 vears. 
 
 For Atlantic &G.K.K. 
 
 For Central Bank. 
 
 Citv of London, 
 
 4.5.500 00 
 .5,000 00 j 
 12..5n0 00 
 GO.OOO 00 
 72,000 00 Sto 
 
 •ling bonds. 
 
 §S(>9. All bonds or t-ertilieates of the State for the State debt 
 
170 rX. 1.— TIT. S.— Public Debt. 
 
 Chapter 1.— Public Debt. 
 
 State bonds must be autlienticated by the siij^nature of the Governor, the Sec- 
 
 and certifi- ^ I'^.i • -i /•! 
 
 cates— how retarv ot btate, and stamped with one side oi the seal oi the 
 ted. State, to Wit, that side winch lias on it tlie motto "Wisdom, 
 
 Justice and Moderation. 
 Amonntsof, §S7<>. Thcj shall bc, luiless otherwise specially ordered by the 
 payable. General Assembly, in sums of five liiindred and one thousand 
 dollars each, payable in twenty years after their date, bearing in- 
 terest at six per cent, per aniiuiii, wliidi interest is payable semi- 
 annually by coupons thereto annexed. 
 Coupons— §^71. Thev niav, before or after issued, ])e presented to the 
 
 how sisncd *' " in- •!• im • i • iii 
 
 and paid. State ireasurer, who shall sign, in his orhciai capacity, all the 
 
 coupons thereto attached, which then may be paid at maturity 
 
 by the Treasurer, without the presentation of the bond or further 
 
 M'arrant or authority. 
 
 When tin- §872. If coupous are not thus signed they shall not l)e paid, 
 
 be paid, un- uiilcss accompaiiied by the bond to which they belong, and before 
 
 less accom- i 1 1 i i "^i m i i i ' 
 
 paniedby payment shall be by the Ireasurer detached. 
 
 When put- § 873. The principal and interest shall l)e made payable at 
 
 paid.*^ " ° such place in this State or other of the Confederate States as the 
 Governor may in his discretion direct, and he may direct the 
 principal payaltle at one j)lace and the interest at another. 
 
 Bonds paya- 8 87-i. Wlid'e citizeus of tliis State become possessed of State 
 
 ble out of the , . ,. - . . 
 
 State, held bouds, payal)le out of this State, the Governor may i»;ive in ex- 
 
 by citizens, . . . i • i 
 
 inaybeex- change for them, bonds payable herein, provided there is no loss 
 to the State by the exchange, and the expense thereof, if any, is 
 borne by the holders of the bonds. 
 
 Snchorigi- §875. When such exchange occurs the original bonds so taken 
 
 not to be re- up sliall uot be rc-issuod on any account whatever, unless special- 
 ly provided for by the General Assembly. 
 
 Lost bonds §876. When any bond or coupons shall be lost, mutilated or 
 
 or coiijions. t t /-i • i t i i i i •-! 
 
 destroyed, tlie Governor may issue to the holilcr a new honcl, witJi 
 proper coupons attached. 
 uewbonds- S 877. Whcii mutilated, the mutilated bonds must be surren- 
 
 how obtain- " ' i jv> i • !» 
 
 ed. dered; when lost or destroyed, the holder must make athdavit ot 
 
 such fact, that they were liis, in his own or some other right, at 
 the time of the loss or destruction; if lost, that he has made dili- 
 gent search without avail, and despairs of ever finding them, and 
 that he does not believe they are possessed by any person. 
 Bond and § 878. ILiviiig iiiadc such affidavit, he shall then, before receiv- 
 giveu^^"^" ing the new bond, give bond and surety to the Governor in a 
 sum double the amount of the principal thereof and the unpaid 
 
PT. 1.— TIT. 8.— Public Debt. 171 
 
 Chapter 1. — Public Debt. 
 
 interest thereon, conditioned to save the State harmless on ac- 
 count of issuing such new bond. 
 
 §879. When bonds or coupons are paid they must be stamped nisposition 
 as paid, and preserved in the Treasurer's office with the same =»"'i coupons 
 
 ■^ , •"- , when paid. 
 
 ears as the funds of tlie State. 
 
 §880. An amount of money stands annually appropriated sui- Appropria- 
 ficient to pay the principal and interest of any bonded debt ofiyforbond- 
 the State becoming due during the year. 
 
 §881. Any sur])lus in the Treasurv, after allowing for all the surplus in 
 
 11 . ,.11. 'i 1. ,'"', ., . Treasury 
 
 annual cJiarges a<2;ainst it, including sucli claims, is likewise aii- fipi)ropriated 
 
 ^ * , * /. '=' ' ^ to bonded 
 
 propriated to the same object. debt. 
 
 §882. Whatever amount may remain from the appropriations f,„rj,]usap. 
 contained in the two preceding sections, more than enough to pay jn^y bflp^ 
 such debts, may be applied, by the order of the Governor, to re- oovernor!^^ 
 deeming any particular class of bonds not due as he may order, 
 and which, in his judgment, it is to the interest of the State to 
 prefer and anticipate. 
 
 § 883. All bonds redeemed before maturity must be by the ^onds re- 
 Governor annually reported to the General Assembly, particu- ^reTul'^^' 
 larly described, and the terms upon which they were so redeemed. 
 
 § 884. For the purpose of carrying into effect, the changing of Provision 
 the public debt, paid with the net earnings of the AVestern & At-JrS'i'of 
 lantic Railroad, into a permanent Educational Fund, the Gover-^.toEd^'' 
 nor is authorized to substitute other State bonds bearing the same fuIiT* 
 rate of interest for those in the hands of holders, and to issue new 
 bonds and arrange them upon such schedule, and i)ayable at such 
 periods as that by providing annually a sinking fund, the whole 
 principal of the public debt shall be extinguished by the time the 
 last bonds shall become due. This sinking fund, when ascer- Annual 
 tained, shall be paid out of the net earnings of the Western & —ho'l^^l^ 
 Atlantic Railroad, and until ascertained the Governor shall use El'^iJcn paid. 
 so much of the earnings of said road as shall be necessary to meet 
 said bonds annually falling due. 
 
172 
 
 PT. 1.— TIT. 1).— Public Property. 
 
 Chapter 1. — Public Buildings. 
 
 TITLE IX. 
 
 PUBLIC PROPERTY, 
 
 Buildings 
 owned by 
 the State. 
 
 Partly own' 
 ed by the 
 State. 
 
 CHAPTER I. 
 
 PUBLIC BUILDINGS. 
 
 Section. 
 885. Buildino'S owned bv tlio State. 
 
 [Section. 
 
 • 88G. Biiiklioo-.s the State i.s interested in. 
 
 § 885. The buildings, and tliose appurtenant thereto^ belonging 
 to the State are — 
 
 The State Capitol. 
 
 The Governor's Mansion. 
 
 The State Arsenals at Milledgeville and Savannah, and the 
 Military Institute at Marietta ; the Deaf and Dumb Asylum at 
 Cave Spring ; the Lunatic Asylum near Milledgeville ; the Pen- 
 itentiary at Milledgeville ; the buildings of the Western & At- 
 lantic Railroad. 
 
 § 886. The State has an interest in — 
 
 The University of Georgia at Athens. 
 
 The Asvlum for the Blind at Macon.* 
 
 Lands own- 
 ed by the 
 
 State. 
 
 CHAPTER II. 
 
 THE LANDS OF THE STATE. 
 Section 887. Lands reserved to the State. 
 
 ^ 887. The lands specially reserved to the State are — 
 The lands known as the " Macon Reserve" on the Ocmulgee 
 river ; the lands known as the " Mcintosh Reserve,"' on which is 
 situated the Indian Spring; the lands known as the "Old 
 Agency Reserve" on the Flint river ; a quantity of land on Flint 
 river, opposite the Old Agency; one mile square on the Chatta- 
 hoochee river at Mcintosh Ferry ; one mile square at Marshall's 
 Ferry on Flint river, including the ferry ; five miles square on 
 Cliattahoochee river at Cusseta Falls, including the lalls ; all 
 islands contained in any of the navigable waters not disclosed of, 
 and the "Western bank of the Chattahoochee river to high-water 
 
 * A considerable portion of the above mentioned reservations have been conveyed 
 by the State to private companies or individuals, which will appear by reference to 
 tho proper records. 
 
PT. 1.— TIT. 9.— Public Pkoperty, 
 
 Chapter 2.— The Lands of the State. 
 
 mark, where it forms the bomidary between Georgia and Ala- 
 bama ; so nnu'h of tlie Qkefenokee Swamp as is in this State 
 and Tiiigranted ; the lots whereon all the public buildings of 
 the State are erected ; the fractional j^arts of surveys created by 
 the different land divisions which are not granted or otherwise 
 disposed of; all lands omitted to be surveyed, granted or sold ; 
 parcels of land in certain cities, to-wit : 
 
 In the city of Atlanta ; 
 
 In the city of Columbus ; 
 
 In the citv of rhattnnoosrn. 
 
 1Y3 
 
 CIIAPTEK III. 
 
 TITE WKSTERX .^ ATLANTIC RAILROAD AND ITS (GOVERNMENT. 
 
 Section. 
 
 888. W. & A. R. R. belongs to State, &c. 
 
 889. Obligations relative to AV. & A. R. R. 
 
 890. What laws apply to W. & A. R. R. 
 ^91. Former laws still of force. 
 
 892. Appointment of Sui^erintendent. 
 
 893. Superintendent's bond. 
 Tlis oath and commission. 
 Superintendent's authority. 
 Rules of road to be recorded, &c. 
 Such rules are law. 
 
 898. Where the road ma}-- be sued. 
 
 899. Demand must be made before suit. 
 Books of road prima facie evidence. 
 Debtors to road"— public debtors. 
 Appointment, Ac., of Treasurer. 
 Treasurer's oath. 
 
 His bond ; oath <fc bond — where liled. 
 Treasurer's duties specified. 
 Auditor's apjioiiitmcnt, &c. 
 Auditor's oath. 
 His bond. 
 
 His bond and oath — whore hied. 
 Auditor's duties specilied. 
 Remedy against officers W.itA.R.R. 
 
 894. 
 895. 
 8G6. 
 897. 
 
 900. 
 901. 
 902. 
 90.3. 
 904. 
 905. 
 906. 
 907. 
 908. 
 909. 
 910. 
 911. 
 
 Section. 
 912. Compellable to give other .security. 
 9i;5. Agents must report monthly. 
 
 914. Officer failing to pay, &c., dismissed. 
 
 915. Accounts of dismissed officers. 
 
 916. Indebtedness of defaulters, etc. 
 
 917. Oath of all agents of the road. 
 
 918. Their bonds. 
 
 919. Bonds renewed annually. 
 
 920. Settlements with agents. 
 
 921. Governor to examine bonds, &c. 
 
 922. Conductor's oath. 
 
 923. No credit to be given for freights. 
 
 924. Conductor's settlements. 
 
 925. Disbursements — how made. 
 
 926. How Auditor's decisions reviewed. 
 
 927. Proceeds of road— liow disposed of. 
 
 928. Useless iron & tackle may be sold. 
 
 929. Sale may be for cash or ou credit. 
 
 930. No officer of road can buy at sale. 
 
 931. Sale bill to be kept and reported. 
 
 932. Useless land of road may be sold. 
 
 933. Who may go over road free of charge. 
 
 934. Laws of road enforced by Sup't. 
 
 935. TransjTOrtation of limo. 
 
 §888. Tlie railroad coiimiunication from Atlanta, in Fulton 
 county, to Cliattanooga, on the Tennessee river, is the Dronertv^^"''^!^'""- 
 ot tins btate exclusively, and shall be known as tlie Western cfe*^''"''- 
 Atlantic Railroad. Said road may be run by the town of Cass- May run by 
 ville upon tlie conditions of an art approved Jamiarv UHh, 1852, Snie. 
 
174 PT. 1.— TIT. 'J.— ruBLic Pkoperty. 
 
 Chapter .'{. — The Western & Atlantic Railroad, and its Government. 
 
 and wliicli is liereby kept in force until the first day of January, 
 1863. 
 
 lieiation of 8 SSO. Thc Statc occui)ies tlie same relation to said road as 
 
 state to tlio • ^ . . , ••IT 
 
 w. &A. It. owner, that any company or incoriKiration does to its railroad, 
 
 K.; rccipro- ,,. . ,. i" o, i it • -l 
 
 caiobii;;a- and tlic oblioTations oi the State to tlie public concerning said 
 
 lions of the J^ .i i i i 
 
 road and the poad, and of the iniblic to said road, are the same as 2i;overn the 
 
 public. '■ „ . . •11 
 
 other railroads of this State, so fiir as is consistent with the sov- 
 ereign attributes of this State, and tlic hiws of force for its con- 
 duct. 
 KoadLiws ^'iSi^K All the public road laws and penal laws touching the 
 j'aws'rp"i!iy railroads of this State, whether to obligate or protect, apply to 
 K. i:.pro-' the State Road, unless specially excepted, or some other provi- 
 
 VI 80. 
 
 sion is prescribed in lieu of some one or more thereof. 
 
 Preceding g 891. All laws heretofore enacted, having a special or local 
 application to said road, and in force at the time of the ado])tion 
 of this Code, are kept in force, unless herein repealed expressly, 
 or by implication, 
 supcrintcn- § 892. The principal officer of said road shall be styled the Su- 
 A!'il"i^\p*perintendent, who is appointed by the Governor, and holds his 
 Governor!' otficc duHug liis term, unless sooner removed at his pleasure. 
 Togive §893. Before entering on thc duties of his office, he shall give 
 
 cuHt/."' l)ond and security, to be approved l)y the Governor, in the sum 
 of twenty thousand dollars, which shall be filed in the office of 
 the Comptroller General and recorded therein. 
 Totak* §89-1. lie shall also, at the same time, besides the oath re- 
 
 quired of all civil officers, take and subscribe before the Gover- 
 nor the following oath, which shall be filed in tlie Executive 
 office : 
 
 " I, , swear that I ■will faithfully and impartially per- 
 form all the duties of my office ; that I will make no appoint- 
 ment, nor do any act from fear, fa\'or, rew^ard or the hope there- 
 of, but in all things I will be governed solely with regard to the 
 interest of the State of Georgia, and in the discharge of my duties 
 I will neither make, nor permit to be made any discrimination, 
 unless so directed by legislative authority, in favor or against any 
 Railroad Company, or other persons or parties having business 
 connections with, or relations to said road. So help me God." 
 Powers of §895. The Superintendent lias authority — 
 (lentcnume- 1. To couduct all the opcratioiis of said road connected with 
 its repairs, equipment and management, including its financial 
 affairs. 
 
PT. 1.— TIT. y.— ruBLic Propektt. 175 
 
 Chapter 3. — The Western & Atlantic Railroad, 4.nd its Government 
 
 2. To appoint or remove all tlie subordinate officers subject to 
 the approval of the Governor, exce})t tlie officers of Auditor and 
 Treasurer. 
 
 3. To hx the rate of passage and freiglit and to make all ne- 
 cessary arrangements touching sueli rates and other business 
 with other Jlailroads. 
 
 4. To contract for and purchase niachinerv, cars, materials, 
 worksho})s and all other contracts necessary for the cieneral 
 working and business of said road not exceeding three thousand 
 dollars, and over that amount subject to the approval of tlie 
 Governor in writing. 
 
 5. To make contracts with the Government of the Confede- 
 rate States, with the consent of the (Tovernor, for the transpor- 
 tation of the mails over said road. 
 
 6. To arrange the schedules for running trains at such times, 
 either by day or night, as he may deem expedient. 
 
 7. To settle all claims against said road, with the approval of 
 the Governor. 
 
 8. To sue officially for any claim due tlie State on account of 
 said road, and dcfeiid all brought against the road. 
 
 9. To make all necessary rules for the proper conduct of the 
 business of the road and the enforcement of discipline. 
 
 10. To impose penalties for a violation of said rules and for 
 breaches of duty by all persons in the employment of the road. 
 
 11. To see that the books and accounts of the road are so 
 kept as at all times to shew accurately its fiscal affairs. 
 
 12. To have settlements weekly with all fiscal agents of said 
 road for all money received by them, by Iiimself or through 
 some authorized person, and to discharge them for neglecting- or 
 refusing to do so. 
 
 13. To fix the compensation of all employees of said road, 
 with the approval of the Governor, whose compensation is not 
 fixed by law. 
 
 14. To dra^v his warrant on the Treasurer in favor of claim- 
 ants according to the law. 
 
 15. To sue and cause all moneys belonging to or collected on 
 account of the road to be paid promptly to the Treasurer. 
 
 16. To exercise a general supervision over all officers, agents 
 and employees under his charge, and see that they strictly "com- 
 ply with all the requisitions of the law. 
 
 17. To make out and transmit to tlie Governor a quarterly 
 
176 FT. 1.— TIT. 9.— Public Property. 
 
 Chapter 3. — The Western & Atlantic Railroad, and its Government. 
 
 statement exhibiting the receipts and expenditures of the road, 
 and once every year a full statement of all the transactions of 
 the road in detail, which report shall he published in one or 
 more of the public gazettes at the Seat of Government and at 
 the City of Atlanta. 
 Rules to bo §896. The rules adopted by the Superintendent for the gov- 
 printcd and emmeut of said road shall be recorded in a book kept for that 
 officers. purpose, sliall be printed and posted in a conspicuous part of his 
 office and copies placed in the hands of each officer of the road, 
 who shall also be promptly supplied with copies of any altera- 
 tions thereof. 
 Force of s.ii.i §897. Such riiles shall have the force and effect of law when 
 necessary to carry into full effect any law in regard to said road 
 and to improve its organization wlien not inconsistent with the 
 law. 
 Suits against §898. All suits agaiust tlic road uiust be brouglit agaiust the 
 Atlantic ''"'^Superintendent in his official capacity in the County of Fulton, 
 Kaiiroad. ^^jjgj.g ^]^q officc of Said road is located, except in those cases of 
 claims where by the law other railroads are allowed to be sued 
 elsewhere, but under no circumstances are suits against such 
 road to be allowed against such road, its officers or agents in 
 the State of Tennessee, beyond the right, if any, that may exist 
 under the authority granted to this State to extend said road 
 into Tennessee. 
 Demand nc- S 899. 'No suits sliall bc l)rouglit against the Superintendent 
 fore suit until a demand has been made upon him for payment, accom- 
 
 brouirlit. 
 
 panied by a statement of the nature of the claim, and ten days 
 shall be allowed the Superintendent to pass upon such claim be- 
 fore suit shall 1)0 l)rought. 
 Booicsof S900. In suits pending or to l)e brought by or against said 
 
 road prima " ••iiiiii • r> ' ^ • ^ -> 
 
 facie evi- road, the books of said road shall be prima facie evidence ot 
 
 donee. ' , , . . 
 
 Avhat they contain pertinent to the points in issue. 
 Its debtors §901. All dcbtoi's to Said road are as dcbtors to the State or 
 oM. ^'^ "" ' public, and when any question arises warranting it, the right or 
 
 obligations of both parties are to be determined upon by the laws 
 
 governing such relation. 
 Oovernor to §902. The Govcriior shii.ll appoint an officer for said road, 
 iveasurcT. wlio sliall bc stylcd the Treasurer, who holds his office for the 
 
 same time and term that the Superintendent does. 
 iiisoath. §903. Before entering on the duties of his office, besides the 
 
PT. 1.— TIT. U.— Pl-blic Pkopekty. 1T7 
 
 Chapter 3. — The Western & Atlantic Railroad, and its Government. 
 
 oaths required of all civil officers, he shall take and subscribe 
 l)efore the Governor the folio win<j oath : 
 
 "I, , do swear tliat I will faithfully and diliirently re- 
 ceive, keep and disl)urse the funds of the State lload according 
 to law, in my capacity as Treasurer, and do all other acts that 
 are or may be required of me by law as Treasurer of said road, 
 to the best of my skill and knowledge. So help me God." 
 
 §904. He shall at the same time give l)ond and security to ber.'""iana 
 approved by the Governor in the sum of one hundred thousand 
 dollars. Said l)ond and oath of office shall be filed and recorded ^^^"^ ="",^ 
 
 (path fileu 
 
 as the Superintendents. and re- 
 
 1 corded. 
 
 §905. It is the duty of the Treasurer — uuticsof 
 
 1. To take custody of all fuuds appertaining to the road, topimmcnuea. 
 receive all monies from officers or agents holding the same and 
 receipt them. 
 
 2. To receive all such sums as may be appropriated Itvlaw for 
 the use (»f the road. 
 
 3. To pay all warrants drawn l)y the Superintendent in the 
 terms of the law. 
 
 4. To pay the State Treasurer monthly all balance in his trea- 
 sury after ])aying all the current expenses of the road and other 
 lawful claims upon it, and to take his receipt for the same, re- 
 taining such amount as the Sujierintendent may direct. 
 
 5. To keep a book or 1)ooks to enter all his receipts and pav- 
 ments and other official transactions. 
 
 (). To make a quarterly statement to the Sui)erintendent of 
 the receii)ts and disbursements of his office, which shall be pub- 
 lished with the Superintendent's report to the Governor. 
 
 7. To discharge such other duties as the laws do or may re- 
 quire. 
 
 §906. The Govei-nor shall a]q)oint an officer for said road who Auditor ap- 
 shall be styled the Auditor. Goveraon 
 
 §907. Before entering on the duties of his office, besides the ins oath. 
 oath required of all civil officers, he shall take and subscribe be- 
 fore the Governor the following oatli.: 
 
 "I, , swear that I will promptly, justly, fairly and im- 
 partially approve or reje<'t all claims against the State Eoad pre- 
 sented to me for such purpose, and that I will faithfully and 
 diligently discharge all other duties that are or may be required 
 of me by law as Auditor, to the best of my skill and knowledge. 
 So lielp me God." 
 12 
 
178 PT. 1.— TIT. y.— FuiLu- Pkupkkty. 
 
 Chapter ::. — The Western & Atlantic Railroad, and its Government. 
 
 Give bond § 1)08. He sliall, at the same time, give bond and surety, to be • 
 
 ari'I surety. ' , , , , , . i "^ ,• , . > i ' i i i 
 
 ap])rovea i)V tiit' (ToveriKir. iii the >iiiu oi twenty tlionsaiul dol- 
 lar.^. 
 r.omUn.i 5j9(>t». Such h(»nd and oath of othee shall lie liled and recorded. 
 
 Hath filed 
 
 .'ind recdrd- as thc Superintendents. 
 Auditor's >J 5*1(1. It is tlie dutv of the Au^;itor — 
 
 nu'rated""' 1- T(» cxauiine and a})prove or reject, without unnecessary de-- 
 hiy. all l)ills and accomits against said road l>efore the Superin- 
 tendent shall draw a warrant for tlie same on the Treasurer. 
 
 2. To keep a book to enter all accounts passed, stating the per- 
 sou, amount, account and time. 
 
 8. To examine, supervise and control, all books kept by the 
 subordinate accounting otHcers or Clerks of the road. 
 
 Jr. To discharge such other duties as the laws do or may re- 
 (piire. 
 Remedy of § 911. The remedy of the State against the Superintendent, the 
 against offi- Treasurer. Auditor and other othcers and agents, is the same as 
 
 eers of W. <k • rn ri n , t> • 
 
 A. Railroad, affamst lax (Jollectors or Iveceivers. 
 
 Additional ^912. Tlic (Toveriior may require each of such officers to give • 
 
 liond may bi- , . i , i i ' ^ n t • 
 
 require<i: additional bond and surety on the same terms and conditions 
 that he may require it of the Comptroller General or the State • 
 Treasurer. 
 
 Monthly re- §913. Eacli ageut of sucli road, liaviug the funds thereof in ! 
 
 figlnt^. liis hands, shall make out monthly, and from month to month, 
 on such day as the Superintendent may require, a full statement 
 of his account, and particularly specify what amount of cash on 
 hand, what amount due from freight delivered or to be delivered, 
 showing the full amount due from all sources wdiatever, and shall" 
 sign such account. 
 
 uefauitin- <j 9 1 1. Auv officcr or agent failing to pay over the funds col^ 
 
 agenTdi's- Icctcd by him weekly, or failing to furnish the Superintendent 
 ■with a monthly statement of the financial condition of his office,, 
 except for Providential cause, shall be immediately dismissed by 
 the Superintendent. 
 # Proceedings ^915. When sucli dismissal shall take place, an account shall i 
 
 onadismiss- ' i i i ,• n ,i .• • i i i • • i t 
 
 ai. at once be hatl ot all the ireight on hand, giving the person dis- 
 
 missed a credit or receipt therefor, so as to show the amount of 
 his indebtedness. 
 Amount due § 91G. As sooii as all agent, or any other person having funds - 
 treated as ' of tlie road unaccouiitecl for, is in default, and fails to j)ay over ■ 
 iheroa.i. said funds on demand made by the Su])erintendent, or by his an- - 
 
PT^ 1^— TIT. ;>.— PuijLic Pkopkrty. ^f^ 
 
 Chapter^^Th^West^^A^antic ]^^^ 
 
 thoritv, or shall abscond^oT^onceal hhn^^iloiJnlny^her w^^ 
 
 evade or prevent a settlement, said officer shall promptlv cause 
 the true amount due hy snch person to he ascertained, and tran.- 
 mi the same to the Comptroller General, as earniuirs of the road 
 statniii- also the date of the default. 
 
 charge ot „. dnfc-s must, l«;„des the oath rcjuired of all civil '■-'"'^ 
 ofh,.e,-s. take a,„l sul,«Til,e hefoi-e the Superintendent, who is 
 herein- ,nade an ,.ffi,-er t;,r sue], ,,u,-pa,e, the foilowin.. „atlr "I 
 
 -. swear that I will feitl.fully pertonn all the duties „f „n' 
 
 apiXHUtnu-nt that are or may be recp.ired of n,e l,v law, to the 
 
 -on ut ot n.yothnal oonduet.and of all monies re.-eived hv nte as 
 
 ti"'e '; ",' r rr ""■ '" ""^ '*■""" •■"'*■'"'-«• <- '•'^^eiv; 
 
 <' ; ' ^n ■" T ,'" '""' ""-■ ™'""''-'- ^" '"^"P '"« God-" 
 a le to the Governor and his successors in office, to be appovcd'""" 
 
 ^ Jl.i. Ihe oaths shall be liled in the office of the 8u„eriuten „■ ■ ■ 
 tendent the ori,inal bonds transntitted to the Con;;:;',: "t " S" 
 
 witb ■ " ''■ \ ""*^ ^atistaetory settleu.ent has been had *:'"'*"""• 
 
 witli the agents, and not before. 
 
 §»il. 8aid settlement must be in writiuic, and sii;„ed bv thes„„ , 
 yent an,l Superintendent, and shall co„,aiu-a full suteL u of """•""" 
 he agents account with the roa,I. whether fur <-a,sh received 
 freight on hand, or fron, any other source whatever ' 
 
 the Su',J!.'V'r''''°'',i""r""""' ^™'-^" ''"'"1 fansnritted to.„„u,„„e 
 
 deert It"', t" t;' "^'"'"""'"''•"'•- '""" ■" «-« «f«"-"''' 
 W™ni, ^u t," ^"'Tl "'■ ^•"•'^'.^••■"«.v»-d«- another bond J::fX'„e 
 gnen ,n lieu thereof to the Snperiutendcnt, and he or the Super- "''°'~' 
 m eudent uray at any tin.e, when in the judgment of either the 
 nterest ot the State requires it, require such officer to give addi ft 
 
 t.ona bond and sureties, as he requires of other officers. * 
 
 sub-trfbe^r "' 'tT"'"?"' """''"' ''"^ '^'""'^ """"'«'•' '«ke an,l ,■,„„„.«,,-, 
 
 sub,uibe tins ,.ath: •■], , swear that I will faithfuUv dis- •'"'"■ 
 
 .-•harge the duties of my office to the best of my skill and knowl- 
 edge, and that I will pay over all the nionev'that may come f„ 
 
180 PT. 1.— TIT. 9.— Public Property. 
 
 Chapter 3. — The "Western & Atlantic Railroad, anri its Government. 
 
 my liands belonging to the State road, as required bv law, or the 
 order of the Superintendent. So hel]> nie God." 
 No credit lor §924. ^o agcut at auv station of said road is perniittcd to give 
 ^'■^'='^^ credit for any freight or any produce, goods, or other commodity 
 conveyed, but shall collect the freights before the articles are ta- 
 ken away, except in cases when tlic frciglits, l)y arrangement, is 
 chargable to some other railroad company. 
 Conductcr's §925. Everv conductor of passenger or freight traiu.s ^^hall 
 
 settlements. " ' ' • i i i 
 
 make a settlement oi tiie tickets and money received l)y them 
 Disburse- With the Treasurer at the end of each trip. All disbursements 
 madr~'"'" niade on account of said road shall be ]>y warrant of the Super- 
 intendent, drawn upon the Treasurer, and be lirst passed l)y the 
 Auditor. 
 Cases where § 92(). Tlic Su[)erintendent iiiny refuse to ratity the a])proval of 
 dentTn"d^An- the Auditor, and when so refusing the claim shall be presented 
 ditor differ. ^^ ^^^^ Govemor to decide; if he allows the claim, or any part 
 thereof, the Su}»erintendent shall draw his warrant and express 
 therein '"by approval of the (-lovernor." If he concurs Avith the 
 Superintendent the party may accept the decision or l)ring suit. 
 Proceeds to $^ 927. Tlio procccds of said road, after deducting expenses and 
 
 be paid ' i.i t •• ^ ^^ ^ • t • ^ 
 
 niontiiiyin- all debts, wliicli arc hens upon its income, shall be i)aid into the 
 
 to Treasury. ,. i n i i i i n j^ t i i 
 
 treasury <->i the St;ite monthly, and shall first be applied to the 
 owappic. ^^j^.^,^^^j.^| Qj.' ii^^, principal and interest of the bonds of the State 
 
 issued on ac(-ount of said road. 
 (Tseiessin.n. 8 92^. AVhcuevcr auv iron, or any tackle or aiii:)arel mav be- 
 
 Ac., shall be ^ .■,"1,10 • 1 *i 
 
 soidonKti foiiie useless to said road, and the Supennteiident cannot have 
 
 days notice. , , ^ 
 
 the same converted into new iron, on reasonal)le terms, or for any 
 other good reason, he shall sc;!! tlic same at public outcry, at- 
 whatever point it may be most to the interest and convenience of 
 the road, to the highest ])idder, after giving at least thirty day's 
 notice of the time and place of said sale, with a description of 
 the ])roperty in a iniblic gazette at Atlanta. 
 ♦Sale maybe §929. Jlc may scll Said property for cash or credit, as in his 
 on credit, discretioii it may be best for the State ; Provided,, That, if on 
 credit, it shall not be longer than twelve months, with note or 
 bond and personal security thereto, payable to the Governor and 
 Proceeds of his succcssor ill office, or bearer, which shall be deposited in the 
 *''^®' State Treasury, and when collected, be as part of the net earn- 
 
 ings of the road. 
 officornotto §930. Neither the Superintendent, or any officer of the State 
 chasen^' Road, sliall l)e a purchaser, directly or indirectly, at said sales, 
 
PT. 1.— TIT. 9.— Public Property. 18X 
 
 Chapter 3. — The Western .fc Atlantic Railroad, and its Goveniment. 
 
 on pain of forfeiting to the State the property purchased and 
 price paid, and of beins; removed l>y the Governor. 
 
 §931. Tlie Sui)erintendent shall keep a record of all such pro- r.ocord of 
 
 '^ 1 i _ ■•■ sales to be 
 
 perty sold, to whom sold, and Vv-hat price, and on what terms. i^Tt- 
 and shall embrace the same in his report to the Governor. 
 
 ^ 932. The Governor (»r Supcrinteiulent shall not sell any part of uestriction 
 the right ot way, nor any property or land ot the road, that may '"ad pro- 
 be necessary for the erection of depots, wood yards, water sta- 
 tions, or for any other improvement to the convenience or interest 
 of said road ; 1 >ut they may sell any land of the road if of no use 
 to it, in the manner iron is sold — advertisino; it in a public ga- Land may 
 
 ,..,,. I't' sold. 
 
 zette at Atlanta, and in the county where it lies, and in a public 
 ii;azette thereof, if one, and the Su]^erintendcnt shall execute 
 deeds thereto in his oflicial capacity. 
 
 §933. All lunatics and idiots, and the persons having them in persons tra- 
 charge, not more than one to each of such, when sent from any charfre on 
 county to the Lunatic Asylum, and the latter returning, and all 
 deaf and dumb and blind pupils partaking of the State's bounty, 
 witli their necessary attendants, when going and returning from 
 their schools, shall go from and return to their homes, free of 
 charge on said road. 
 
 ^93-Jl:. The Superintendent of said road is speciallv charired 'rupff'ntcn- 
 
 "^ I 1 .' r^ dent to on- 
 
 with the due execution and faithful fultilment of all the laws for {J,'^'^^' ^^>^' 
 the government and regulation of the same. 
 
 i^ 935. Said road shall transport lime for agricultural purposes, Lime--trans- 
 
 ^ ~ , portttion of. 
 
 by the car load, from any depot thereof to Atlanta, from the tirst 
 day of May to the iirst day of August of each year, or at any 
 other time not contiicting with the interest of said road, at a rate 
 not exceeding three cents per bushel : provided, connecting roads 
 at Atlanta will transport lime for agricultural pur]>oses at corres- 
 ponding low rates, and give the Superintendent of the road no- 
 tice thereof, with consent to be bound permanently by such rate. 
 Any connecting road at Atlanta failing to give such notice and 
 consent shall not be entitled to the l>enetits intended to be secured 
 to the agricultural interest contiguous to such road. Before any | 
 
 person shall transport lime on said road, or any road in connec- 
 tion therewith, at said rate, he shall make oath in M'riting before 
 receiving said lime and paying said freight, that it has been or is 
 to be transported for and will be used in good faith in improve- 
 ment of the soil in the State ; which athdavit shall be tiled in the 
 office of the company to v^liom the freight is i>ai(l. 
 
182 PT. 1.— TIT. (>.— Plblio Pkoperty. 
 
 Chapter 4. — Stocks. 
 
 CHAPTEPt IV. 
 
 STOCKS. 
 
 Section-. Sectiox. 
 
 9:]6. Bank slock (iwued by State. ; 9ScS. Stock in Main Trunk Railroad. 
 
 9;J7. Railroad stock owned liy State. 
 
 Bank stock §930. Tlic State owns the following- Bank Stock — 
 
 S.*^^^ in the Bank of the State of Georgia, 1833 shares. 
 
 In the Bank of Augusta, 890 " 
 
 In the Bank of Georgia K. P. & Bank'g Co. . . 186 •" 
 Kaiiroad ^937. The State owns the following Pailroad stock — 
 
 ''''''• in the Main Trunk Koad, '. 5000 shares. 
 
 Extension of § 938. TIic stock in the Main Trunk may be extended to ten 
 Main Trunk thousaud shares, on the condition that the State shall own as she 
 Railroad. ^^^^^ ^^^^^^^ Hve-eleveuths to be taken when individuals take and 
 
 pay for the balance according to the act of incorporation and acts 
 
 amendatory thereof. 
 
 CHAPTEE T. 
 
 OTHER PUBLIC PROPERTY. 
 Sectiox 939. Librarv. furniture, arin.s, ke. 
 
 Library, ar- §939. The State owns the library at the Capitol, the furniture 
 tlntl tc.', and contents of her various public buildings, and the public arms, 
 property of jj^^^^itiQj-is and accoutremeuts of war in her arsenals and in the 
 charge of her several volunteer companies, and of the Superinten- 
 dent of the Military Institute. 
 
PT. 1.— TIT. 1(».— ruiJLio FRisnac.. ^ 
 
 Chapter 1. — Public Printer — his Duty and Comix-nsatiou. 
 
 TITLE X. 
 
 PrBLK" PRIXTlNi;. 
 
 CTIAPTEK 1. 
 
 rUBLIC PRIXTKn— HIS DFTY AXT> COMPKXSATIOX. 
 
 : Skci'iox. .Skctiox. 
 
 940. Kloi'tion of PuMic i'riiitor. !'•"(!. L;i\vs aiidJuurn;ils — hi>w iiriure'l. 
 
 911. He must give bond. 9,')'J. Style of tlio printiuff. 
 
 942. On failnre to give other bond. fee. it.')!!. Miuinscript.s to be furnished. 
 
 943. Vaeancy — how s\ipplied. 9r)4. Xo. of copies Laws and Jouniiils. 
 
 944. Damages for breach of bond. ".t.'ij. If insullicient others may be printed. 
 045. Place of i)rinting. Xc. 9.'»G. Priuteil matter — delivered to whom. 
 
 946. Printing during Legislattu'C. UTu. ComiJcnsatiou of Printer. 
 
 947. Failure vacates office. 9.')S. I'onalty for delay. 
 
 948. "When Printer's duties begin. 9r>9. Contract and bond of new Printer. 
 . 949. "\Vh;it he must print. '.MlO. Pay of removed Printer. 
 
 HTiO. Ordered matter — how printed. 'M'>\. Work of decea,«ed Printer. 
 
 ^H4(>. At every animal session of tlie General Assembly, a I'ui.ii.- Prin- 
 ter .mnually 
 
 Public State Printer shall be elected. cieited. 
 
 §941. Within ten days from the day of his election he shall Hi.s bora, 
 ffive a bond, Avith oooj surety, in the sum of ten th(»nsand dol- 
 lars, to be approved by the Goyernor, tiled in the Executive ottice, 
 And recorded in the t)tHee of the Secretary of State. 
 
 §942. The Governor is authorized to require from the Public Lfsi.siature 
 Printer additional bond and surety, as he may from a State House oancy,'' 
 ■officer, and on his failure to comply, declare a vacancy. 
 
 § 943. If the General Assembly is in session when such failure A.uutionai 
 
 1/1 1 11 ' • 1 . 1 1 lion<l may be 
 
 occurs, the Governor shall communicate the tact to tlieni, Avhen reanire.i;&c. 
 
 they shall supjdy the vacancy by election. 
 
 § 944. If a Public Printer, after havinir been elected and given Damages <> 
 bond, commits a breach of it, on the trial the jury shall assess IS!'* "^ 
 <not less than one thousand nor more than three thousand dollars 
 as liquidated damages, besides the actual damages sustained. 
 
 §945. Such Printer and his sureties must be citizens of this rnntrran' 
 State, and the public printing must be hona jide performed with- b^citi'zou*. 
 in her limits, unless special })ermission otherwise is obtained from 
 the General Assembly. 
 
 § 940. All printing specially ordered by the proper autlu>rity iviiitini; 
 during a session of the General Assembly, shall be executed with sion. " 
 . all possible dispatch and correctness, at the seat of Government. 
 
184 TT. 1.— TIT. 10.— PuELic PkixNtixg. 
 
 Chapter 1. — Public Printer — his Duty and Compensation. 
 
 Violation of § 947. If the provisions of the two precedins; sections are vio- 
 
 last two sec- -, , ■, ^ .,.,. ■ii'^ ^ 
 
 tions. lated, the (roveriior may, iii his (hscretion, dechire a vacancy, and 
 
 the compensatian forfeited. 
 Beginmn? of § 04s. The dntics of tlie Puhlic Printer do not Legin nntil the 
 duty"""^ first day of til e next session of the General Assembly after his 
 
 election. 
 
 What he g 949. IIc sliall print the Laws and Journals, and such bills, re- 
 
 must jirint. Ill 1 1 1 1 • T 1 
 
 ports, and other documents, as may l>e ordered to Lte printed dur- 
 ing his term of office, which includes the printing of all extra 
 sessions held during that time. 
 How print- §950. All papers ordered to be printed by either House shall,- 
 
 ing must be . -, . , . , , . -, ' ■, , 
 
 done. unless Otherwise directed, be printed upon paper tliat can be easi- 
 
 ly written upon; the sections and lines must be numbered, hav- 
 ing sufficient margin and intervening space to admit of interlinea- 
 tions, for which service the Governor shall allow extra compensa- 
 tion, not exceeding twenty per cent, on the established rates. 
 
 Laws and S 951. Tlic Laws and Journals must be ijrinted upon small pica 
 
 journals "^ • i i V . . , . . 
 
 how printed tvpe. Oil o-Qod paper, aud delivered to the Executive withm nme- 
 
 and deliver- .- J- ' '^ ^ -i 
 
 ed- ty days after the manuscripts are received from the compiler. 
 
 Direction as §952. The foriiier must be printed of a uniform size, and of a 
 journals! Style ccpial in mechanical execution to the Laws of 1853-4, and 
 the latter must be on pages the size of the Laws of the United 
 States, and have like intervals between the paragraphs. 
 Sec', of Sen- §953. The Secretary of the Senate and Clerk of the House 
 House to ' shall furnish the manuscripts of their iournals, and indexes tliere- 
 
 fnrnishMSS. , i ,. i • i • t i> i i 
 
 to, properly prepared tor the press withm twenty days trom the ad- 
 journment of each session of the General Assembly, under a pen- 
 alty of five hundred dollars each, to be retained out of their pay. 
 Number of § 954. There shall be printed one thousand copies each of the 
 ^law™"^ ""' Journal of each branch of the General Assembly, and five thou- 
 sand copies of the Laws, to be bound T)y said Printer in dural)le 
 style and e(pially as well as the laws of 1853-4. 
 Additional §955. If such nuuiber should prove to be insufiicient for the use 
 be ordered, of the State, the Governor may order such additional copies as in 
 his opinion the public interest may require, and allow therefor 
 reasonable compensation. 
 Printed mat- ^ 950. As the public iirintiuLi: r)ro2;resses the Printer must, from 
 
 tertobe de- " ^ ^ !r 1 !-< i- i • i 
 
 livered to time to time, with all possible dispatch, deliver the printed mat- 
 Librarian. ' ^ . 
 
 ter to the State Librarian, at his office, free from any expense to 
 
 the State for transportation. 
 
PT. 1.— TIT. K).— FuiiLic Prixting. 186 
 
 Chapter 1. — Public Printer — his Duty and Compensation. 
 
 § 957. If said Printer shall legally and faitht'ullv perform his compensa- 
 dntiee, he shall be compensated as tollows: hc Printer. 
 
 For Laws and Jonrnals — 
 
 1. For composition (»<» cents per Itioo ems. 
 
 2. For press work, o(i cents per clean token. 
 
 For Job work — * 
 
 1. For composition, 75 cents per luoo ems. 
 
 2. For press work, 50 cents per clean token. 
 For paper, 20 per cent in addition to actual cost. 
 For rule and figure work, double price. 
 
 In job M'ork any thiu": less than a page shall be counted as a 
 page. 
 
 For l»in(Hng laws, 3<> cents per copy. 
 
 For cutting, folding, stitching, covering, title page, and trim- 
 ming the journals, twenty per cent, in addition to actual cost. 
 
 For any additional com]iensation, at the same rate. Any 
 charges above those enumerated mu^t be submitted to the Gen- 
 eral Assembly. 
 
 § 958. Should any delay occur in the prompt delivery of the Forfeiture 
 
 Laws and Journals, as required, the Governor shall deduct, at the <itiivery of 
 
 /. i<>i • 1 1111 '"^^^ ""'^ 
 
 rate ot ten per cent, per month, for the particular work delayed, .i-"irnais. 
 
 until the date of delivery. If the delay shall l)e protracted more 
 than six months the Governor may reniove the Printer from 
 otfice. If any portion of the M'ork is not executed so as to be a 
 substantial compliance with the requisitions of the law, the Gov- 
 ernor shall reject it. and order it executed over, or a])point a new 
 Printer, as his judgment shall dictate or the emergency may re- 
 (juire. 
 
 §950. AVhen a new Printer is appointed under the two prece- ^ew Printer 
 
 ., ^ ^ ^ to civo bond. 
 
 dmg sections, he shall give such bond and surety, and on such 
 conditions, as the Governor may require, who is also authorized 
 to make a special conti'act for tlie public printing in such an 
 event. 
 
 § 960. When the Printer is removed the Governor is authorized a iivantum 
 
 . , , . iiieruif may 
 
 to take such i)ortion of his work as he has executed accordino- to i"' pa'^ to a 
 
 '■ ~ niiioven 
 
 law, and allow him lawful compensati(»n therefor, but he must i*'"'"'"- 
 deduct therefrom the least })enalty, and the damages sustained by 
 his failure. 
 
 §961. AVhen the Printer dies before completing his work, his Jj^Hf d"e':'" 
 legal representatives are allowed to do so, it being understood |"e,"^7i!..v ""' 
 that all bonds of Public Printers cover such contingency* and the w(!?k.'^'^ 
 
186 PT. 1.— TIT. 10.— Pljjlk; Pkintin^. 
 
 Chapter 1 . — Public Printer — liis Duties and Compensation. 
 
 Governor i? authorized in such an event to wait thirty dayg for 
 an afisurance of such performance. 
 
 CHAPTER II. 
 
 4 OTTIKR PRIXTIX*;. 
 
 Sectiox. Section'. 
 
 962. How otlier printiuir is done. 9(i?>. Public Printer entitled thereto. 
 
 Directions § 9i>'2. All printing other than that performed by the Public 
 ing other Printer, which necessity may demand, shall be printed at the 
 
 tlian public ^ ,» /-i ' i i i i 
 
 printing. fecat ot (jrovemment, or such other place as may be necessary, m 
 the discretion of the Governor, under his direction and supervi- 
 sion, upon reason;i1)le rates, to be paid for out of the contingent 
 fund. 
 
 Public Prin- 8 963. If the Public Printer executes his work at the Seat of 
 
 ter pre- ,,.,■,. 
 
 ferred. Govemmeut, or at the ])lace where the printing relerred to m 
 the preceding section is required to be done, he is entitled toper- 
 form such printing, if he will do so at reasonal)le rates. 
 
 CHAPTER III. 
 
 THE COMPILER. 
 
 Sectiox. ! Sectiox. 
 
 964. Compiler — how appointed. Sec. 9fi7. Another appointed — when. 
 
 965. His dntie.s specified. 968. Compiler's compensation. 
 96G. Penalty for failure. 
 
 •Compiler of 8 OG-I. The Govcmor shall <ii>p<)int some competent person to 
 
 laws to be " -i i i » i • > i /"i 
 
 appointed, prepare and compile the several acts ot each session ol the Gen- 
 eral Assembly, whi(;h appointment must be made at any time in 
 his discretion, provided it is done before such session adjourns. 
 
 Com ifer ^ ^^^' ^^ ^^ ^^^^ '^^^^^^ «*' t^^e Compiler— 
 
 1. To distinguish, in his classification, the public laws from 
 those that are local or private, and to arrange the former under 
 appropriate heads. 
 
 2. To prepare for puMicatioii side and head notes for refer- 
 ence. 
 
 3. To add notes referring back to such previous legislation as 
 may be modified or repealed, and notes giving the decisions of 
 the Supreme Court since the last publication of the acts upon the 
 subject matter of each act of a public nature. 
 
l'*T. 1. — TIT. 1(». — PuKLTo Printim^.' 187 
 
 Chapter 3.— Tho Compiler. " 
 
 e dies or 
 becomes dis- 
 abled. 
 
 ' coui- 
 
 4. To prepare and append a copious index. 
 
 5. To furnish tlie Public Printer M-itli a fair copy of all work 
 required of liini in the preceding portion of this section within 
 forty days from the adjournment of the session. 
 
 f). To i-cad the proof of the same, and carefully compare tliem 
 with the certified copies. ^ 
 
 §yor.. If a Compiler fails to perform his work in the time al- Failing to 
 lowed, he forfeits his compensation, unless in the opinion of the work'"' ^' 
 "Governor he has a satisfactory excuse. 
 
 §9G7. If he dies or becomes disabled l)efore completing his if h 
 Avork, and so as he cannot finish it Avithin the time prescribed, 
 the Governor shall appoint another Compiler to finish it, and ap- 
 portion the compensation rateably between them. 
 
 §068. lie is under the supervision of the (Governor, and must ui* ..,.=- 
 «nter upon, and continue u]>on the discharge of his duties as the ^'"'""''''■ 
 Governor may order, and shall receive for his services compensa- 
 tion to be fixed by the Governor, not exceeding five huiulred 
 •dollai-s. 
 
 CIIAPTEK IV. 
 
 DISTRIIIUTIOX ()F TIIK LAWS AND JOURXALS, AXD OTHER DOCUMEXTS. 
 Sectiox. . Section. 
 
 969. Laws and Journals to be ili.>tril.utod. 97.5. Distribution— hoxv let out. 
 
 970. No. copies for eacli county. 976. Distributors nnist give bond. 
 
 971. Five coj.ics .Tournals for each co. 077. Dama-es for breach of bon.I 
 
 972. Clerk shall keep 2 bound Journals. , 978. Bonds— where filed 
 
 973. Reserved copies of laws. I 979. Wlien Gov. mav appoint distributors. 
 ^li. Acts ol Congress for each county. 980. Residence of distrilmtors. 
 
 § 969. After the Laws and Journals are compiled, printed, bound i^a^. and 
 and delivered t,. tlie State Librarian, he shall, under the supervi-HSu- 
 sion of the Governor, cause them to be distri])uted to tlie several '"'' 
 counties of this State. 
 
 §970. Each county is entitled to one copv of the Acts of the c^^^* of 
 General Assembly for each civil ofiicer, botii judicial and minis- ^'^"?'''''' 
 terial, to be distributed by the Clerks of the In'ferior Courts under 
 the order of the Justices. 
 
 §971. Each county is entitled to five copies of the Journals of copies of 
 each branch of the General Assembly, M-hich are to remain onl^oSnt^ 
 deposit in the ofiice of the Clerk of the Inferior Court, and to 
 M-hich the voters of the county shall have free access; also a copy 
 
188 PT. 1.— TIT. 10.— Public PiiiNTiXG. 
 
 Cha]>tcr 4. — Distribution of the Laws and Journals and other Piiblic Documents. 
 
 of the Laws and Journals for each member of the General Assem- 
 
 bly. 
 
 Journals to §972. Twu of the copies ot the Journals ot each branch of the 
 
 General Assembly shall be as well bound as the ''Acts'" — one by 
 
 such Clerk at the expense of the county, securely ke])t, and not 
 
 V permitted to go out of his otRce. 
 
 Reserved § 073. The Librarian shall reserve live hundred copies of the 
 
 copies. ^^^^^ ^.^^_ such further distribution as the General Assembly may 
 
 order. 
 Acts of Con- §074. Each county is entitled to two copies of the. Acts of 
 ^'^*^' Congress, to be kept in the otiice as the journals are. 
 Advertise- §075. Immediately upon the adjournment of each session, he 
 tribnteLiwr shall advertise in one paper in the cities of Augusta, Atlanta, 
 ''"''^''"""^'- Athens, Columbus, Macon, Milledgeville, Eome and Savannah, 
 for proposals to distribute the laws and journals, and other books 
 and documents required by law to be distributed, for one distrib- 
 utor of such for each Congressional Distri(;t within sixty days, 
 from the time received. 
 Distriimtor § 07C). Bcforc 1 >egimnng tlic work, each distributor shall give 
 ogive on(.. ^ bond, witli good securit}', in the sum of live hundred dollars, to 
 be approved by the Governor, conditioned for the prompt and 
 faithful delivery of the books (specifying them) to the Clerks of 
 the Inferior Courts of the several counties therein named within 
 thirty days from their receipt. 
 Damages f..r §077. If uot done witliiu the time and in the manner, the 
 bond! " whole bond is recoverable as liquidated damages. Providential 
 
 causes only excepted. 
 Bond filed §^78. Sucli bouds luust be tiled and recorded in tlie Executive 
 
 & recorded. ^^^^.^^ 
 
 _. , S070. If no person applies for the distribution of aiiv district, 
 
 Distributor '-' _ J- ^ ^ _ _ . "^ 
 
 — whenaii- .{-i^e Govemor is authorized to appoint such distributor. 
 
 pointed. '- ^ . , 
 
 Preferred §080. The Librarian is required to select an applicant lor a 
 distributors. Congressional District of whicli he is a resident, if physically and 
 
 mentally capable of the service, and gives the requisite l»oiid and 
 
 securitv. 
 
PT. 1.— TIT. 11.— Pl-blic Defence. 189 
 
 Chapter 1. — Persons subject to Military Dntv. Exemptions. &c. 
 
 TITLE XI. 
 
 PrBLir DEFKXCK. 
 
 CHAPTER I. 
 
 Pi/rSONS subject to military I>UTY, KXI-N[PTI()XS. a-,^ 
 
 Section-. Section-. 
 
 981. Persons subject to niilitar}' duty. i 989. Coniniutation tax— how avoided. 
 
 982. Persons exempt. | 990. Company drills— four in each year. 
 
 983. Officers of militia — when e.vempt. j 901. Volunteers exempt from road duty. 
 
 984. Xon-commissioned officers, &c. I 902. Amount of commutation tax. 
 
 985. Persons employed on vessels, Ac. I 093. Receipt therefor. 
 
 986. Persons subject must be registered. I 994. Transient persons — when subject. 
 
 987. Oath of persons, &c. i 995. Free men of color— liow sulycct. 
 938. May perform service or pay tax. 
 
 §981. All able bodied free wliitc male citizens between the who are 
 ages of twenty-one and forty-live years, residents in this State, iniiiur/" 
 and not exempted by this Code, are subject to military duty. '''""^' 
 
 §982. The followinp; exemptions shall ])e recognized, viz: who are cx- 
 
 1. The chief officers of the several Executive Departments of'''"'''' 
 State. 
 
 2. Judges of the Supreme, Superior and City Courts, Justices 
 of the Inferior Courts and of the Peace, Sheriifs and Deputies, 
 Clerks of Courts and Ordinaries. 
 
 3. Members of the Legislature during the term for M-hich they 
 shall be elected, officers of the Legislature during its session and 
 for seven days l)efore and after the same. 
 
 4. Persons employed on Railroad Trains, and rei)airers of Rail- 
 roads, Operators and Messengers of Telegra]>]i Companies, Post- 
 Masters and persons employed in Post-Offices and the transpor- 
 tation of the Mails. 
 
 5. Ferrymen, Bridge and Toll-r4ate Kee])ers and Pnl)lic Mil- 
 lers. 
 
 6. Ministers and Preachei-s of the Gospel, Professors and 
 Students, and Tutors in all Colleges. 
 
 7. Aliens and persons not qualilied to vote for members of the 
 Legislature. 
 
 8. All persons exempted by the xlcts of Congress. 
 
 9. All persons on the payment of the Commutation Tax pre- 
 scribed by this Code. 
 
 10. All officers and non-commissioned officers of the militia 
 
190 FT. 1.— TIT. 11.— i'liiLir Dkfenck. 
 
 Chapter 1. — Persons subject to MUitarj^ Dutj', Exemptions, ^tc. 
 
 who may entitle tlieinselves to the priviles^es as hereinafter pre- 
 scribed. 
 
 11, Active ineniber» of \'<>liniteer C<trj)s afto" a prescribed 
 
 term of service. 
 
 12. lleo;uhir members of aiiv Fire Department or orpuii/.ation 
 connected tlierewith. 
 
 Militia oni- . 55!»S3. Company officers of the militia who shall nniform and 
 
 XxeliJii.V' eqnip tlicmselves according to the re<i;nlations prescribed for the 
 
 dress and nniform of the army of the Confederate States, and 
 
 shall serve in their i-espeetive stations continnonsly for the term 
 
 of ei2:ht vears, shall not be liable t(» be called on for military 
 
 Exception, dnty thereafter, except in case of war, insurrection, rebellion or 
 
 invasion. 
 Non-com- § i^'^'l. Evcrv non-conuiiissioned officor, mnsician or private of 
 Xcerrwu- every nniformed volunteer corps who shall uniform and equip 
 privau-r* himself and whose term of service shall amount to seven years, 
 Exception, shall also be exempt from military duty, except in case of war, 
 
 rebellion, insurrection or invasion. 
 Persons em- ^ <>85. Everv persou employed l)y the year or season on board 
 ve^sseisa'ii- auv vossel, or in the merchant service, or coasting trade, all 
 .lores and pilots and stevedores, persons employed in any blooming furnace, 
 berers ex- q^- o'lass or i3orcelain factory, cotton or wool mill shall l)e exempt 
 
 •iinpt. ^ i _ • 
 
 Exception, from militia duty, except m cases above enumerated. 
 
 § 986. Receivers of Tax lieturns shall at the time of receiving 
 returns of taxable property from the citizens of this State insert 
 in appropriate columns in their digest the following particulars, 
 
 viz : 
 Liability of 1. Whether the tax payer is himself subject to nn'litia duty. 
 Hi^iEnyi 2. How many in his employ or ineml)ers of his lamily are 
 
 .mployees. i • . 
 
 sul)]ect. 
 
 Cause of any 3. The causc of exemption, if any exists. 
 
 ms°!iistXt. -i. The coniitany district or ])eat to which the tax payer be- 
 longs. 
 Also amount 5. The aiiiount of commutation tax chargeable to him instead 
 mut'ition uix of personal service, and the amount so charged shall be collected 
 urTax c"oi-by the Tax Collector and paid over to the Treasurer of the State 
 Tax'^Co^Hec- witli the general tax, and shall constitute the luiHtary fund of 
 the State. 
 
 ^987 iS^o Receiver of Tax lletnrns shall enter an exem])tion 
 
 Cause ot ex- c ^ ' •it 
 
 emptionto +■,...,>., niilitarv duty aicainst the name of any person without due 
 
 he venlied ^i^*"- j ^ <-< ■ • 
 
 >.yoath. proof of the existence of tlie cause on which tlie exemjition is 
 
PT. 1.— TIT. 11.— Fi DLio Defence. %Bl 
 
 Chapter 1. — Persons subject to Military Duty, Exemptions, &c. 
 
 claimed, and to that end the following clause shall be added to 
 the oath, administered bv the Receiver of Tax Returns: "And 
 that I believe inyself exempted from militia duty in this State 
 for and on account of the cause set tbrtli in this return." 
 
 § 988. Everv citizen subject to military duty may perform the Porsonai 
 same in lieu of ])ayinii: the taxes herein prescribed, but the certi-LuoTta". 
 licate of the captain or conunandiiii;- otticer of the company to 
 whicli he belonijs and in which he is actually cni'olled. sliall be 
 the only evidence which the Tax Collector is authorized to re- 
 ceive in place of the amount cliarired on the Receiver's diijest. 
 and the prodnction of \yhich shall be noted l)y the Tax Collector ,v,.tiiu.ate 
 on his return, and he shall be allowed tlu; same in settlement. roiwctw. 
 
 §989. The ca})tain or commandinn' otlicer in each company <^^,,„„„jj„^. 
 district shall enroll from time to time all persons in the limits of 't"^on*n*'" 
 the district subject to military duty, and shall without delay no- J,'|stHct" ^'° 
 tity such persons of their enrollment, and shall give a certificate \„tice to be 
 to each person performing military duty that he has faithfully *^'^'"" 
 ])erformed the same, according to the re(piirements of the Code, 
 for twelve months preceding the 31st day of December in each 
 and every year, and such certificate shall be produced at the 
 time of returning liis taxable property, and on failnie so to do Failure to 
 the conunutation tax for militia duty shall be charged against jui'-ate* '^''*^ 
 him on the book of the Receiver of Tax Returns. 
 
 §990. Captains of companies shall cause tt> be mustered for captmns to 
 
 muster com- 
 
 })arade and drill all })ei'sons within their ci>m[»anv districts who pnus four 
 
 1 i 1 < i • 1 1 .' ' ,• 1 • 1 times each 
 
 do not pay tiie commutation tax, the only proot ot which pay- year, 
 meut shall be the reccij^t of the officer authorized to collect thei.aymenTof 
 
 who are not otlierwise exempt, at least tour tunes nitiontix. 
 each year, at such times as they may direct, but there shall be 
 an interval of at least one month between each muster, and they 
 shall lile a copy of their company roll with the Clerk of the In- Company 
 ferior Court innnediately after the muster which succeeds the 
 closing of the books of the Receiver of Tax Returns for which 
 
 •"^i 111 • 1 • 1 . -in Compenffl- 
 
 service they shall respectively receive the sum ot one dollar. tum therefor 
 
 §991. Members of volunteer corps actually in uniform and 
 doiuLT dutv, and the tield and statf officers of volunteer reiriments'i"'"'*'^"'^" 
 
 ~ are exempt 
 
 and battalions, s(» lonii; as thev remain such, shall be exempted f''o"\'"?"'"' * 
 
 i- patrol iintj-. 
 
 fro]n road and ]»atrol <luty, and taxation upon property l)y any 
 municipal corporation, excejit such as shall lie liable to taxation 
 by law to raise a revenue for the State. 
 
 §992. Tlu' coiiiiimtatloii tax tbr non-])cii'oniiance of militia 
 
192 
 
 PT. 1.— TIT. 11.— Public Dkfence. 
 
 Chapter 1. — Persons subject to Military Duty, Exemptions, &c. 
 
 commuta- diitv sliall 1)6 ten per cent, upon the State tax, provided, it shall 
 
 tion tax ten • ^ ^ t i ii i n i i 
 
 per cent, on alwavs aniount to tAventy-nve cents, and shall be collected and 
 
 state tax. " 'iiii-i- im 
 
 l^aid as other taxes are collected and paid into the Ireasnry; 
 tlie amount thus raised sliall be set apart as a separate fund 
 charccealjlc with the entire military expenses of the State. 
 Payment t.. ^ i»93. Tlie Tax Collector's receipt to the tax payer shall dis- 
 
 be specitteil . '" ■ ,. i ,. i , .• i" i- m- • 
 
 inCoiiec- tuictlv si^ccitv the i)HYmcnt oi tlic coniniutation tax lor militia 
 
 tor's receipt. " , ' • i ' • i i i i i -i i i 
 
 duty, M-henever ])ai(i, iii onlcT that tlie same be made available 
 in case of enrolhnent 1)y tlie ca}>taiiis of Militia Districts or beat 
 companies. 
 Non-resi- §991. Transient persons havinu- ;i ])lace of lousiness, and doing 
 businessTn" l)usines3 in the State, but having no I'csidence or home therein, 
 able to mi'ii- are liable to militia duty, and on failure to pay the comimitatioii 
 ary u y. ^^^^ ^^_ perform military service, shall l)e liable to an additional pen- 
 alty not exceeding- twenty dollars, to be adjudged by any court 
 martial, Avithin whose jurisdiction they may happen to be for a 
 period of ten days. 
 Free men of § 995. Free iTien of color al)ove the age of sixteen years, unless 
 ''''^belonging to the fire department, shall be subject to the call of 
 any volunteer military organization, if there be one in the town 
 or city (jf their residence, in the capacity of musician, pioneer, 
 meclianic or servant, and if there be no such volunteer organiza- 
 tion, then to the militia in one of the aforesaid capacities, and 
 they shall be entitled to the usual wages for the practice of such 
 occupations ; but on failure so to attach themselves, when re- 
 quired so to do, they shall })ay to the Clerk of the Inferior Court, 
 for the use of the county in which they reside, the sum of live 
 dollars. 
 
 color subject 
 as musi 
 cians. 
 
 Entitled to 
 wages. 
 
 Failing to 
 serve. 
 
 CHAPTER II. 
 
 M ILITAltY ORGAXJZATIOX. 
 
 Article 1. Military force — how composed. 
 
 Article 2. The Volunteers. 
 
 Article 3. Cavalry Corps. 
 
 Article 1. The Militia. 
 
 Article 5. Elections. 
 
PT. 1.— TIT. 11.— CHAP. L\— Public Dekkxoe. im 
 
 Article 1. — Military Force — How Cojuposcd. 
 
 . A __^ 
 
 APvTICLE T. 
 
 MTIJTAHY FOJ'.CK— HOW COMPOSED. 
 
 Section. Skctuix. 
 
 '.>9G. The Milltury force <>l the State. 097. The Kiifrinecr Corps of tlie State. 
 
 §990. The inilitnry force of the State einl>rafes the Georgia Military 
 Militai-v Institute, the vohiiiteers and the militia, t(» wliieli may "'^"" 
 Ije added such military scliools, when the institution is of a mili- 
 tary character, as may avail themselves of tlie provisions herein 
 embraced. 
 
 §997. The Georgia Military Institute constitutes the engineer The engi- 
 t;orps of the State, and the officers in the Institute having jjjjjj. "«" ^"""p^- 
 tary rank in the Academic staff, (Cadet officers excepted,) shall 
 be commissioned as such according to their respective grades. 
 (See Military Institute.) 
 
 ARTICLE II. 
 
 THE VOLUNTEERS. 
 
 Section. Section. 
 008. Volunteer I'orees of the State. 1010. Fiiie.x — how iinjioscd and collected. 
 
 090. Battalions in their respective eo's. 1011. Elections — In- whom ordered. 
 
 1000. Their rights, privileges and duties. 1012. "When hy Commander-in-Chief. 
 
 1001. Number of officers, itc, necessary, j 101. ■?. Commissions vacated — wlien. 
 
 1002. Companies — how organized. 1014. Suits on bonds of officers. 
 
 1003. Arms, &c., supplied — when. 1015. Disbanded companies, &c. 
 
 1004. Discipline and e.xercise prescribed, i 1016. Artillery Companies received, Ac. 
 
 1005. Must make annual returns. j ioi7. Volunteer Companies corporate. 
 lOOG. Independent companies disbanded. I 1018. Courts of Inquiry & Courts Martial. 
 
 1007. Resignation of Captain. , ]010. Volunteers exempt, ic. 
 
 1008. Regiments and Battalions, i^-c. 1020. Cumulative provision.s. 
 1000. May adopt By-Laws. } 
 
 §998. The volunteers consist of such corns, uniformed and The voiun- 
 equiped, as now exist, or may hereafter be formed in this State. 
 They may organize themselves into companies, battalions, regi- 
 ments and brigades at their option. But the whole volunteer 
 force shall constitute one or more divisions conforming to the or- 
 ganization of the Confederate States Army, except when other- 
 wise prescribed in this Code. As soon as such shall be organized, 
 they shall l)e reported to the commander-in-chief, and shall re- 
 main permanent until clianged l)y his approval or by s])ecial 
 enactment. 
 13 
 
»4 PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 
 
 Article 2. — Tlic Volunteers. 
 
 Battoii.ins, §999. Biittalioiis and rejjimenta shall be orofaiiized always 
 
 Ac Avitluii the limits ot tlieir respective counties, ii tliere are compa- 
 
 nies enoni;:li in a county ; if not, then to be added to from ad- 
 joininii; counties, unless coni])anies in other counties are more ac- 
 cessible, to he judi!;ed of l\y the commander-in-chief. 
 
 Rights an.i §10(><). When thus organized, they have the same rights, priv- 
 lieges, and are sul)ject to tlie same duties as such organizations in 
 cities. If there are not companies enough in a city to form a 
 battalion or regiment, it may be formed by the addition of other 
 companies in the same county, if such exist, and if not, then from 
 adjoining counties. 
 
 voinntocr §1001. Voluiiteer corps luav be fomied anywhere within the 
 
 corps tiiniud ,,,..' ,. , ' t • • 
 
 in any part fetatc, aiid may consist ot citizens ot the same or adiommo; coun- 
 
 of the State. i J J t-< 
 
 ties. Such as may hereafter be formed shall number at least 
 
 forty privates, nine non-commissioned officers, four commissioned 
 
 officers, witli such musicians as tliey ma}' deem sufficient. 
 
 whenon- § 100:2. Wlicu the requisite niim1)er of members are enrolled, 
 
 p(.n to com- their tirst duty shall be to uniform themselves according to the 
 
 iDiindcr-in- . . ,• i • /^t i i i n i -p ^ ^ 
 
 chief. pi-ovisioiis ot tins Loac ; tJiey shall tlien notiiy the commander- 
 
 in-chief of tlie number enrolled and uniformed, who shall order 
 an elet'tion for captain and subaltern officers under such super- 
 intendeiH'e as he may prescribe, and the superintendents shall 
 
 ^, . , transmit the return of the same to the Executive Department, 
 
 Election of _ ^ 1" 
 
 officers. .1,1(1 the (Tovernor shall commission the officers elected, unless the 
 elect i(m is contested, in which case, if in the opinion of the Gov- 
 ernor there l)e sufficient grounds to set the same aside, lie shall 
 order a new election. 
 Arms. &c., $jl003. Ai'ius and accoutremeiits sliall bc suppHed to the vol- 
 pi'i.'d t." all uiiteei- corps, whether unitbrmed <»r not, by requisition on the 
 corps'." Governor in such manner and u})oii such terms as he may direct, 
 from the quota of arms distributed to the several States under the 
 laws of Congress, or fro;n other arms belonmno: to this State. 
 Discipline <$ 1 004. The System of discipline and exercise shall, as near as 
 else." '' may l)e, conform to that prescribed for the army of the Confed- 
 erate States, from time to time, by Congress, but the commander- 
 in-chief may direct such text books for use as a guide in such 
 arms as he may think proper, and no other weapons of war than 
 such as are used by the soldiers of the army of the Confederate 
 
 Arms to con- "^ " 
 
 those of c States, except by order of the commander-in-chief, shall be used 
 ^- by the volunteers. 
 
FT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 195 
 
 Article 2. — The Volunteers. 
 
 8100a. All volunteer corps, except such as may be ora^anized indepcn- 
 
 • • 1 11 1 i- 11 1 A ^ 1' 1 fU' fit corps to 
 
 mto reffimeiits, shall make a lull return to the CTOvevnor ot the "'^'ke annual 
 
 " 11 • . . rrtuins to 
 
 nuuil)er of men in each (^orps actnally in uniform, the number covemor. 
 and rank of the othcers, the arms and accoutrements in their pos- 
 session, supplied by the State, and the number of such as may be 
 unlit f*)r use or expended in service, which return shall be made 
 up to the first day of May in each year, and signed by the cap- 
 tain of such corps. 
 
 S lOOG. AVhenever it shall appear to the commander-in-chief in<iopen- 
 
 • 1 • 1 • • • 1 ^'""^ corps 
 
 that any independent volunteer cori)3 is deficient in the number disbanded— 
 of men required by this Code to constitute a company, he shall 
 issue an order requiring the return of such equipments as may 
 have been furnished l)y the State, and dishand sucth corps, l)ut the j-xception. 
 provisions of tliis paragraph shall not apply to any volunteer corps 
 formed previous to the adoption of this Code, or to any corps at- 
 tiiched to and constituting a })ortion of a regiment of volunteers. 
 
 § lOUT. The resiirnation of a captain of an independent volun-i^.sisnation 
 
 o 1 ^ of Captxiin. 
 
 teer corps shall not take effect until accepted by the commander- 
 in-chief, nor until a full return is made to the Governor of all the 
 arms and accoutrements received from the State and in posses- 
 sion of the corps under his command, inventoried and ready to be 
 turned over to his successor, and as often as a captain is elected 
 he shall receipt to his predecessor for the arms and accoutrements 
 so turned over to him. 
 
 § lOOS. WluMi volunteer coi-ps are organized into a regiment or Kotmns of 
 a battalion, the company returns sliall be made to the adjutant, compaQie's. 
 and by him forwarded to the E>:ecutive Department. 
 
 §1000. Volunteer corps may adopt their own l)y-laws and reg- Companies 
 
 , . . . -Ill -111' .,. "" inav adopt 
 
 Illations, not inconsistent with the laws ot tlie State or military iiy-'iaws. &e. 
 laws or usage, and may adapt them in such mode as they see 
 proper to their organization into a regiment or a battalion. The 
 commander-in-cliief shall prescribe tlie uniform of volunteer 
 corps, and in all matters not provided for in this Code, such corps 
 shall be i^overned by military law and nsasfe, and the custom of^/"'™',':"'® 
 
 ~ . .^ c? 7 of discipline. 
 
 the army of the Confederate States, so far as they can l)e made 
 applicable. 
 
 §1010. All tines for deliii(|uencies in military duty shall be Fines to bo 
 
 11 • 1 1 ii !• ' ' • 1 imposed bv 
 
 assessed by regimental, battalion or company courts martial, as court mnr- 
 the case may be, and he colk^tted by execution nnder the hand 
 and seal of the President of the Court, and directed to the Sheriff 
 of the county in which the delinquent resides, and the Sheriff' 
 
196 FT. 1.— TIT. 11.— CHAP. 2.— PLiiuc Defence. 
 
 Article 2. — Tlie A'oliiiitcers. 
 
 sliall be entitled to such costs and subject to be ruled in the 
 Superior Courts, and tlie execution shall have like form and 
 effect as in civil cases. The Sheriff may procure the service of 
 such executions by a Bailiff, he l)eing responsible therefor as 
 though it were his own act. 
 Election for §lOll. All elcctious for officers of the volunteers and to fill 
 iiowoniemi. vacancies shall be ordered by the officer within whose immediate- 
 command the vacancy to be filled occurs. For subalterns, by 
 captains of the companies in which the vacancy exists, unless the 
 company be attached to a l)attalion or regiment; for regimental 
 officers, by colonels ; for colonels, by the brigadier general of the 
 regiment, he being attached to a l>rigade; for brigadier general, 
 by the general of division. 
 Elections in §1('12. Ill casc of a regiment not attached to a brigade, or of 
 iient^re'gi-" a couipauv uot attached to a regiment or a battalion, elections for 
 company, coloucl and captaiii shall be ordered by the commander-in-chief, 
 and when an independent battalion exists, not belonging to a 
 regiment or brigade, the election for its commander shall be or- 
 dered by the commander-in-chief, 
 commis- § 1013. Whenever a volunteer corps is disbanded the commis- 
 
 j"re— when, sions of its officers shall be vacated, but they shall, nevertheless, 
 be liable to suit on the bond executed for the safe keeping and 
 delivery of the arms entrusted to them by the State, if there 
 should be a breach thereof, 
 sniisonofli- §1014. Suits ou tlic bouds of officcrs of volunteer companies, 
 cersbond. j.^^. .^^..^^^^ ^^^^ accoutrements, sliall be brought under the direc- 
 tion of the judge advocate general, in whose office such bonds 
 shall be filed for safe keeping. 
 Corps voiun- §1015. Wlicu any volunteer corps disbands of its own accord, 
 Sniing.* the members thereof shall cause the fact to be reported to the 
 commander-in-chief, and they shall forthwith deliver to some 
 officer of the quartermaster general's department all the public 
 property in their possession, and upon filing his receipt therefor 
 with the judge advocate general, a discharge shall he entered 
 <m their bond. 
 $200 to be §1016. Whenever the commanding officer of any volunteer 
 Inery com- ai'tiUcry company in this State sliall certify to the Governor that 
 there are sixty ((><») active members, officers and ]>rivates, upon 
 the muster roll of such company, (a copy of which muster roll 
 shall accom})any the certificate,) and that said ctunpany has been 
 exercised in the field v^-itli its guns, for not less tlian two hours at 
 
PT. 1.— TIT. 1 1.— CHAP. L>.— Public Dkfexce. 197 
 
 Article 2. — Tlie Volunteers. 
 
 • eaeli drill, and not less than twelve drills in each year, the Gov- 
 ernor shall draw his warrant npon the Treasnrer of the State for 
 the snin of two hnndred dollars, to be paid into the fund of said 
 company ; Provided, nevertheless, That the i)rovisions of this 
 section shall not extend to more than seven (7) companies, not 
 including such companies as may be already organized, and whc» 
 may comply with the provisions of this section. 
 
 §1017. Volunteer companies of infantry, cavalry oi- artillery, v„,u„teer 
 which have been, or may hereafter be organized, with not lessfnT.S" 
 than forty meml)ers, and have their othcers duly commissioned,*'"''' 
 are made a body corporate and ]^olitic. under their respective 
 names and styles, and made capable in law to sne and be sued, to 
 plead and be im])leaded, to have a common seal, to hold proper- 
 ty, real. ])ersonal or mixed, and to pass such by-laws, rides and 
 regulations as may be necessary for their government, not incon- 
 sistent with the laws and Constitution of this State or the Con- 
 federate States. 
 
 v^lOl^. Courts of iiKpiiry and courts jiiartial. for companies Courts of in- 
 incorporated l)y the provisions of this Code, shall l)e constituted Ss ml 
 and regulated by the laws in force relating t<. volunteer compa-*'"' 
 nies. 
 
 §1019. Each member of any comi)any incorporated by theMemheraof 
 provisions of this Code, shall be exempt from road or militia du-X's«' 
 ty, except such as may be rerpiired of them as members of their riaaVrrS 
 respective companies, and except in times of insurrection, inva- ''"^"^•''' 
 sion, rebellion or war; Pronded^ The commandino- officer of anv 
 compary so incorporated shall have recorded in the offices of the 
 Clerks of the Superior and Inferior Courts of their respective 
 counties, a full and complete list of the members of their compa- 
 ny, and that the above exemption shall continue no lon<xer than 
 actual membership. 
 
 §1020. The live preceding sections shall be held to be cumula-cortain sec- 
 tive to any act already passed, conferring privileges upon any latTvo""""' 
 company now existing undei- the laws of this State, or whicli 
 mav liereatter ])e oro;anized. 
 
»e PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 
 
 Article 3 — Cavalry Corps. 
 
 ARTICLE III. 
 
 CAVALRY CORPS. 
 
 Sbctiox. jSectio.v. 
 
 1021. A squadron of cavalry del1no<l. | 102-1. Paratie and drill 
 
 1022. How organized. ■ 102."). Fines I'or non-attendance*. 
 
 1 023. "U'hat constitutes a troop, &i:. 
 
 Squadron. §1021. A squadroiv of i-;ivalrv sluill consist of not les^ than 
 two or more than live troops, and shall be commanded by a ma- 
 jor, elected bv the commissioned officers of the troops composing 
 the squadron. He shall appoint his own staff, and determine his 
 own uniform and that of his staft', with the approbation of the 
 commander-in-chief. 
 Twoormore § 1022. Anv two or moi'c troops of cavalry, having regard to 
 foma™''^ their neghborhood and facility of communication with each other, 
 maj unite to torm a scpiadron, and wiienever such formation is 
 determined on they shall report the same to the commander-in- 
 chief, who shall thereupon order an election for major, at such 
 time as he may think proper, and shall issue a commission to the 
 officer elected. 
 Arms. §1023. Each troop of cavalry shall consist of forty men, be- 
 
 sides the captain, uniformed and mounted ; they shall l)e armed 
 with cavalry sabres or broad swords, and dragoon holsters, or 
 such other pistols as the commander-in-chief may direct, and may 
 carry a carbine at their option. 
 Major to pa- §1024. The major commanding a squadron of cavalry shall 
 ron^or'dT-'^' paradc and exercise the same, either in squadron or detachment, 
 ^niSny* ''f least once in each year, for a })cri()d not exceeding three days 
 at any one jmrade, after the arrival at the place of rendezvous. 
 ( Orders for such parade may be given verbally at any parade, or 
 by writing. Commissioned officers shall have twenty, non-com- 
 missioned officers and men ten day's notice. 
 Fines for lie- §1025. Fiiics for non-atteiidance or delinquency at any squad 
 aTsqMdron drill, or paradc, or muster, shall be imposed by a court martial, 
 to be ordered by the officer commanding the S(j[uadron, but they 
 shall not exceed double the amount imposed by the regulations of 
 the troops of M'hicli the delinquent is a member, for oflences of 
 like cliiiructer. and sludl be collected as provided -in section 1010. 
 
PT. 1.— TIT. 11.— CHAP. 2.— Public Defence. 199 
 
 Article 4.— The Militia. 
 
 ARTICLE IV. 
 
 THK MILITIA. 
 
 Section. Section. 
 
 1026. The militia of the State. [ 1031. Regiments — how organized. 
 
 1027. ITow organized. i 1032. Non-commisioned officers. 
 
 1028. Companies — how organized. 1033. Captains make returns to Adjutant. 
 
 1029. Grade of militia officers. \ 1034. Notice of drills — how given. 
 
 1030. New divisions, Ac. — how created. . 1035. Register of commissioned officers. 
 
 ^1026. The militia of tlie State consists of all persons, not The miiiua. 
 heretofore classitied, witliin its limits snhject to military duty, and 
 not exempted therefrom by the Acts of Congress or the laws of 
 this State, or belonging to some volunteer organization. 
 
 §1027. The militia shall be organized into coinpanies, battal-orffanizat^^^ 
 ions, regintents, brio;ades and divisions, which shall be numbered ^''■^^ ""'i 
 
 ~ ~ (lesignated 
 
 througliout the State bv order of the commander-in-chief, in such '':"^"™">'s- 
 manner that every cor})s of the same denomination shall bear a 
 different number, by M'hich number every company, district, regi- 
 ment, brigade or division, as the case may be, shall be designated 
 in the commissions of the (»fficers commanding the same. 
 
 i^l028. If, from exemptions, there are not persons enough lia- Deficiencym 
 
 . . . , numbers in 
 
 ble to do militia dutv in any district or beat, a company may be any district 
 
 ' . . ..... " .company. 
 
 organized of those so liable from adjoining districts or beats, ot 
 not less than forty nor more than one hundred, under the direc- 
 tion of the colonel of the regiment, and when so done must be 
 accurately reported. 
 
 §1029. The followiiiiT ffrades of militia officers shall be recog- tirades of 
 nized: ConiinaiuHug each division, a major general ; each bri- 
 gade, a brigadier general: each regiment, a colonel, lieutenant 
 colonel and major; a se]>arate battalion, a major; each com- 
 pany, a captain, tirst and second lieutenants, and ensign. Wher- 
 ever other grades exist, they shall continue until the same be- 
 comes vacant, when they shall respectively cease and determine. 
 
 J$ 103O. New divisions and brigades shall be created bv the Leg- New divis- 
 islature; reirimental and comitanv districts by order ot the com-brisades, 
 
 " T 1 regimenUil 
 
 mander-in-chicf. on the report of the oihcers commanding tlie and compa- 
 
 ^ ^ _ '-' ny districts. 
 
 companies in the regimental district, but in all cases, when prac- 
 ticable, the regimental district shall be coterminous with the 
 county in Mhich it is situated. 
 
 §1081. There may be two or more regiments in the same 
 countv. and two or more counties mav bt.' united to form a regi- 
 
200 PT. 1.— TIT. 11.— CHAP. 2.— Pl-«i.ic Defea'ce. 
 
 Article 4.— Tlie ililitia. 
 
 Twoormorement, duG resjard beinj; liad to the proi)ortion thereof, but the 
 
 regiments ' ^ . i . .in t ^ \ 
 
 may be in existiiio^ aiTaiiij^einent in this behalf shall not be disturbed except 
 
 same county '=' '^ i . • <. i • -, 
 
 by the iiegislatnre, unless u]->on appheation ot those interested 
 tlierein. 
 
 Captain to § 1032. The captam of cacli compauy shall divide his company 
 panyinto into four srpuids, as nearly eipial as may be, and appoint one fit 
 and propel" person in each a> sergeant, and one as corporal, and 
 he shall also appoint a first serj^jeant ; they shall be responsible for 
 the jn-oper distribution of all orders, and may be removed by a 
 company court martial for proper cause. 
 Ketuins to § 1033. Eacli captain of a militia company shall make out and 
 Cap™ in'to^^ deliver to the adjutant of the regiment to which he belongs, a 
 jutant. ^.^^Y[ i-etiirn of the number and names of the men belonging to 
 his company, on the first day of May in each year, for which he 
 shall receive such compensation as is paid to the takers of the 
 State's census, to be paid out of the military fund. 
 Summons to §1*>34, A noii-conimissioned officer, or any other person ap- 
 by whom" pointed for the duty, may warn persons subject to militia duty 
 to appear at parades, musters or drills, and he shall be furnished 
 with a list of persons to be warned ; such warning may be given 
 verbally to the party in person, or by leaving a written sum- 
 mons at his most notorious place of abode, but the party may 
 claim his exemption at the time of such warning and produce to 
 the warning ofticer the evidence thereof, which may be his own 
 oath or such other evidence as may establish the fact, and it 
 shall 1)6 the duty of the warning officer to enter the exemption 
 claimed against the name of the party on his list. 
 Kosterof §1035. Eacli coloiicl of the militia reo-iment shall bv himself 
 
 officers to lie i • t i ' i. 
 
 kept by or his adiutaut keep a roster or list of all the commissioned ofh- 
 
 Colonel. . , . . 
 
 cers of his regiment below the rank of captain, and shall revise 
 and correct the same as often as may l)e necessary, and annually, 
 on or before the first day of June, shall forward to the adjutant 
 general C(j[)ies of the returns so delivered to the adjutant of his 
 regiment, as well as a copy of tlie roster above mentioned, and 
 for habitual failure in the premises shall be liable to be tried by 
 a general court martial and cashiered or otherwise punished as 
 said court mav direct. 
 
PT. 1.— TIT. 11.— GlLVr. i.— Public Dkkense. 201 
 
 Article o. — Kloction.<. 
 
 AKTICLE Y. 
 
 f:lk('tiox.< 
 
 Section. I Section-. 
 
 103G. Election of militia officers. I 10;^9. A plunility of votes will dec;. 
 
 1037. Notice of — how given. 1040. Eloction.* — by whom ordere'i. 
 
 1038. Voters ftiilino: to attend. ! 1041. Officers commissioned In- (Jovcrnor. 
 
 §l(l8(i. All elections of militia otiicers shall be bv the i>eo]>le ; Miutia om- 
 01 captains and subaltern othcers l)v the ]>eople ot the several elected by 
 
 , .11 the people. 
 
 company districts sulyect to do militia duty ; ot* iield officers by 
 the citizens of the counties subject to military duty under the 
 command of such officers ; brigadier and major generals by the 
 <;itizens of the respective brigades and divisions subject to mili- 
 tary duty under such commander of the brigade or division, and 
 maybe superintended by a Justice of the Peace and a free- Kioction- 
 holder. or by two freeholders or two military officers, as the au- 
 thority ordering the election may see lit to prescribe. 
 
 §lUoT. Xotices of such elections mav be given as follows: Bvxoticcaof 
 
 ■If-- 1 "^ ."^ 1 11* •I'-ction — 
 
 publication in one or more gazettes, by notice at the usual place hw given, 
 of posting legal notices, or by orders i)ublished at parade or drill. 
 Twenty days' notice shall be given of the time and place of the 
 election of any officer below the grade of brigadier general. 
 
 §l<>o8. In case of voters failing to attend at any election forxoweie.-- 
 niilitia officers, and no vote shall be polled, it shall be the duty or^officerTp- 
 of the superintendents to return the fact to the Executive De-nw'" 
 partment, with a statement of the interval allowed for the recej)- 
 tion of votes ; whereupon, the commander-in-chief may in his 
 •discretion order a new election or appoint an officer to Ull the 
 vacancy and commission him accordinu'lv. 
 
 §10ol>. At all elections of militia officers the person having the pi„rauty of 
 highest num1)er of vote.^ shall be declared elected, and every Jie^ct' *'* 
 officer to whom a commission shall issue shall declare to the Exe- 
 cutive Department, within a reasonable time after its reception, 
 his acceptance or declension of the same. After two months 
 liave elapsed he shall be deemed to decline unless he shall have 
 uniformed and equiped himself. 
 
 §1040. All elections for militia officers of and above the rank i.-,^,ctioQ3for 
 of captain shall l)e ordered by the commander-in-chief, and be- "^^ vTrank 
 low that rank by the captain or those acting as sucli, and on "^ '"''p'*'''- 
 failure to elect, such captain or the commanding officer of the 
 com])aiiy nuiy complete the same i)y appointment, and such ap- 
 
202 i'T. 1.— TIT. 1 1.— CHAP. v.—Plblic Defence. 
 
 Article 5. — Elections. 
 
 pointees shall be cominissioned as in case of elections. Alii 
 officers of the military force of this State shall be commissioned 
 by the Governor, whether of the line, lield or staff. The com- 
 mission of staff otticers, except the chiefs of the staff department^ 
 will expire with the commissions of tlie officers on whose staff 
 tliev may be appointed. 
 
 CHAPTER III. 
 
 ORGANIZATIOX OF THE STAFF OF THE MILITIA. 
 
 Section. Section. 
 
 1041. Start" department of the militia. 1048. Paymaster General — his duties*-.. 
 
 1042. Of the Commander-in-Cliief. 1049. Expenses of Staff Department. 
 
 1043. Adjutant and Inspector. .\:e. 10r)0. Accounts for military service. 
 
 1044. Term of office, salary and removal. 1(I51. Chief of each staff — his duties. 
 
 1045. 'Staff of Division. 1052. Adjutant it Inspector chief of staff." 
 
 1046. Battalion entitled to a staff — when. 105:'. (iovernor shall appoint three aids_ 
 
 1047. Adjutant and Insjieetor General. 
 
 Staff depart- §1041. The stuff depai'tmciits of the militia shall be as fol- 
 
 inents ol the 
 
 miUtia. lOWS, VIZ : 
 
 1. The Adjutant and Inspector GeneraFs Department. 
 '2. The Quartermaster General's Department. 
 
 3. The Commissary Geiierars Department. 
 
 4. The Paymaster General's Department. 
 
 5. The Judge Advocate General's ]Jepartment. 
 <>. The Surgeon General's Department. 
 
 Chiefs of §1012. The chiefs of the several staff de])artments shall be 
 
 staff depart- . - , i xv* x- ^i i • i • .• 
 
 mentsat- attached to tlie stall ot the commanaer-m-cniei. 
 
 tached to ri -< ~ . i rrvi T ' t • I' • T ^ ^ • i 
 
 Htaflfoicom- §101,-;. llie commanuer-in-clnet, with tiie advice and consent 
 
 mander-iii- , i • i -• i ti in • ,\' i n j 
 
 Chief. vi two-thirds 01 the Senate, sliall appoint an oihcer to be callecl 
 Appoint- adiutant and iiisi)cctor general, with tlie rank of colonel. The- 
 
 inent&rank '[ . ^ ^ . i i i • nj 
 
 of Adjutant adiutant and insiiector general shall reside and keep Ins oihce- 
 
 and Inspei;- '' '^ "- . , . 
 
 tor General j^f the Seat of Government. He shall obev all orders o;iven him 
 
 — his duties. , . , . ' ^ , -, . 
 
 b}' the commander-in-chief in relation to the duties of his- 
 office; and keep a fair record of all ordem and coinmunications- 
 which he shall receive frtjin time to time. He shall require an- 
 nual retui'iis from the major and brigadier generals, from which 
 lie shall make out a general return of the whole strength of the' 
 militia and forces of the State. He shall provide accurate ab- 
 stracts of annual returns for divisions, brigades, regiments and 
 companies, liotli o!' the militia and volunteers, which forms,, 
 
PT. 1.— TIT. 11.— Public Defence. 203 
 
 Chapter 3. — Organization of the Staff of the Militia. 
 
 when made out, shall exhibit the strength of arms and accoutre- 
 ments, equipments and munitions of such divisions, brigades, 
 regiments and companies, and a description of tlie corps com- 
 posing the same; and shall transmit these abstracts for annual 
 returns, to all officers; who are required to fill them at such 
 times as may be designated in general orders. All militarv 
 orders and commissions shall pass through the office of the ad- 
 jutant and inspector general. He shall lay before the Governor 
 every communication he may receive on military affairs requiring 
 Executive action. lie shall attend all jniblic reviews when the 
 eommander-in-chicf shall review any ])ortion of the forces or 
 the whole of them. He shall, whenever required by the com- 
 mander-in-chief, inspect the arsenals and armories of the State, 
 which shall be under his charge; and all applications for the 
 distribution of arms shall be made to him. He shall also act as 
 inspector general of the State, and shall, whenever ordered by 
 the commander-in-chief, inspect any ]»ortion of the military 
 forces of the State. 
 
 §1044. The adjutant and inspector general shall hold hisT.nureof 
 office during good behavioi-, subject to removal on the address of amoved. 
 the Governor, by two-thirds of the Senate, and sliall receive an" 
 annual salary of three thousand dollars. 
 
 §1045. The division staft' shall be c(tnstituted as follows: a di- Division 
 vision inspector, with tlie rank of lieutenant colonel, two aids-de-^' 
 camp, one quartermaster, one judge advocate and one surgeon, 
 each witli the rank of major to be appointed by the major gen- 
 eral. The brigade staff shall consist of a brigade inspector, with Bri-ado 
 the rank of major, one aid-de-camp, or tpiartermaster, each with 
 the rank of captain, to be appointed by the brigadier general. 
 The regimental staft' shall consist of an adjutant, a quartermas- Ke^imcntai 
 ter, a paymaster, commissary, judge advocate and surgeon, each^*""'^' 
 with the rank of lieutenant, to be appointed by the colonel of 
 each regimeJit. 
 
 ^1040. In case of a separate l»attalion, the cemuiiaiuling officerstiitiof in- 
 of the battalion sliall be entitled to, and shall a|)point a like staff k.uau.m. 
 with the c(.>lonel of a regiinent. 
 
 §1047. The adjutant and iusjiector general shall keep in or- Arsenals, 
 der and control the arsenals and niagazines of the State, attend |JJ:3|^ncr' 
 to the due preservation of the ordnance, arms, accoutrements, contn" ot^ 
 nnmitions of Avar, and implements of every description, the pro- gonorai'""'" 
 perty of the State and in its possession, and he shall at all times 
 
204 PT. 1.— TIT. 11.— Public Defence. 
 
 Hiapter a. — Orcranization of the Statt" of the Militia. 
 
 have the control and disposition of the same for tliat purpose. 
 He shall report annually to the conimander-in-ehief the aetnal 
 situation, condition and disposition of all the ordnance, arms and 
 military property which in any wise appertain to, or respects the 
 department confided to his keeping, 
 peSto'' §l<'iS, The paymaster general shall annually report to the 
 ^^rtr°""' (commander-in-chief all such matters connected with his depart- 
 ment as come to his knowledge, and all monies received by him 
 shall l)e deposited in the Treasury to tlie credit of tlic military 
 fund, and shall constitute a part of the same. 
 Chiefs of ^1040, Each chief of a staft' department shall keep a true ac- 
 
 Jtaff depart- , ^ ^ 
 
 mentsto couut ot the expenses of his department, which shall be reiwrted 
 
 make quar- ^ ^ ' -i 
 
 teriy quarterly to the commamler-in-chief, who shall draw his warrant 
 
 return?. , . 
 
 on tlie military fund for the same. An abstract of such warrants 
 shall be laid before the Legislature. 
 Accounts for §1050, All fccs for military service shall be embraced in an 
 
 inilitarv , . , " 
 
 services. accouut made out and certified by the onicer to whom the same 
 may be due, and delivered to the olficer of the pay department 
 within the military organization Avhere the same accrues, Avho 
 shall immediately forward the same to the paymaster general, 
 
 jurisdif- §1051. The chief of each staft' department shall, under the di- 
 
 tion of cbiels . > , '- ' 
 
 of staff. rection ot the commander-in-cliief, have command over all subor- 
 dinate ofiicers in his department, and shall, from time to time, 
 issue orders and instructions for their government and practice. 
 
 Blanks and togctlier witli sucli printed blanks and forms as may be necessary 
 
 ibrms to be n i • 
 
 provided, to Carry ail orders into execution. 
 
 Chiefs of the §1052. Tlic adjutant aud iusj^ector general sliall be the chief 
 of the staft" organization. The quartermaster general, commis- 
 sary general and paymaster general shall each rank as lieutenant 
 colonels, and shall also be appointed by the Governor. The judge 
 advocate general and surgeon general shall each rank as lieuten- 
 ant colonels, but shall not be entitled to any commands (except 
 in their own departments) as such ; they shall l)e appointed by 
 the Governor. The assistant adjutant general sliall l)e appointed 
 by the Governor. 
 
 Aids to tho § 1053. The Governor shall appoint three aids-de-camp, by war- 
 
 ^overnor, ^.^^^^^ ^^j^^^ ^1^^ ^..^^^j^ ^^. colouel, l)ut their warrant shall expire witly 
 the Governor's term of oftice. 
 
FT. 1.— TIT. 11.— Public Defence. 205 
 
 Cliapter 4. — Courts Martial. 
 
 CHAPTER IV 
 
 COURTS MARTIAL. 
 
 Section-. Section. 
 
 lOo-l. Conrl^ limit ial — lines and penaltiei?. lOGO. Pecuniary penalties— liowoollectt'iT, 
 
 1055. Constitution and rules of. lOGl. Non-comniis.sioned officers. &c. 
 
 105G. How convened. 1062. Cadets of the G. M. Institute. 
 
 1057. Failing to attend court or paradr. IOCS. Fi.fas. For fines — proceedings. 
 
 1058. Refusing to attend court. 1064. Duty of collecting officers. 
 
 1059. Officers detailed. Ac. 1065. Disposition of fines, .tc, collected. 
 
 § 1054. Military lort'eitures, lines and iienalties, sliiill be adjudg- comunwr- 
 ed l)_v court martiaH in accordance witli inilitarv law and the Sge'fia^s, 
 usage of the ariiij of the Confederate States. Notices to (►tiicers*'""" 
 charged with oftences, to appear at a general court iiiartial, slmll 
 be personally served at least twent}" days before the time prescrib- 
 ed for holding court, and may be contained in tlie order appoint- 
 ing the court. 
 
 §1055. The Constitution of all courts martial shall be in ac- constitution 
 cordance witli the regulations of the army of the Confederate "ollr^s'^Vr- 
 States, except where differently prescribed in this Code, and their *'"'''' 
 mode of proceeding regulated, as far as practicable, by the same 
 rules, but no court martial shall impose sentence of death on any 
 offender in time of peace, or imprison an offender (except for con- 
 tempt) in time of peace. 
 
 §1056. General courts martial shall be convened on the order 
 
 , . General 
 
 of the commander-in-chief; thev shall have coirnizance of all •'"'"■'-^f 
 military offences, and shall not sit with less than five nor more 
 than thirteen members, except where supernumeraries are sum- 
 moned, but the acting meml)ers of the court shall never exceed 
 thirteen. liegimental courts martial may be ordered by a com- 
 mander of a regiment or battalion, to consist of three or more ll^/Sow 
 commissioned ofticers of the regiment or battalion, at least, for co^utur"]! 
 trial of offences committed within the battalion or regiment, and 
 company courts martial may assemble by the order of any cap- 
 tain of a company for the trial and assessment of all lines for de- 
 linquencies at any parade or muster, to consist of the commis- 
 sioned officers of the company. 
 
 §1057. Besides the penalties usually adjudged against military ,j,{j^„ ^o- 
 offences, officers of the militia shall be subject to line Ibr non-at-*J:^^',u™]">**' 
 tendance at parade, drill or muster, and for other non-perform-f^t'tVnnc". 
 ance of duty, l)ut no line for ab-ence at company parade, drill or 
 
PT. 1. — TIT. 11. — Public Defence. 
 
 Chapter 4. — Courts Martial. 
 
 Officers re- 
 fusing to nt- 
 tend court 
 martial. 
 
 Pay and 
 miUage of 
 officers on 
 general, 
 regimental, 
 and compa- 
 ny courts. 
 
 muster, shall exceed ten dollai-s, exclusive of the cost of collect- 
 ing the same, except as herein provided. 
 
 § 105S. If any officer charged -with a military offence shall re- 
 fuse to attend a court martial, convened for the trial thereof, the 
 case shall proceed as if he were present. Company courts mar- 
 tial may proceed and assess lines without the presence of the de- 
 linquents, provided they were duly warned to perform the duty 
 concerning which they are delinquent. 
 
 §1051). Officers detailed on a general court martial shall be 
 paid the sum of four dollars per day during the time of their ac- 
 tual session, and four dollars for every twenty miles in going and 
 returning therefrom, to be paid by the Governor by Avarrant, on 
 the necessary production of the certificate of the president of the 
 court. For regimental and company courts martial the pay of 
 each member shall be one dollar per day, to be paid out of the 
 fines collected by the commander of the regiment, battalion or 
 company. 
 
 § 1060. Courts martial shall have power to punish contempts 
 in the same manner as civil courts. 
 
 § 1061. Pecuniary penalties assessed by any court martial, shall 
 be collected by execution issued under the hand of the president 
 of the court, and directed to the Sheriff of the county in which 
 the delinquent resides, and shall have the same force and effect 
 as civil process of the same character, according to the laws of 
 this State. 
 
 § 1062. ]N"on-commissioned officers shall be degraded to ranks 
 only by sentence of a company court martial. 
 
 §1003. Cadets of the Georgia Military Institute nnist be tried 
 according to the rules and regulations of said Institute. 
 
 § 1064. All executions for the collection of any penalty adjudg- 
 ed by a court martial shall be returned to the officer issuing the 
 same, with the money collected thereon, or a return of no prop- 
 erty to be found on which to levy the same, within sixty days 
 from the date of its issue, and the Sheriff, on failure to make a 
 retm'n, shall be liable to be ruled for the amount due on such 
 execution, in the next Superior Court after such failure, in the same 
 manner as in civil cases. 
 
 § 1065. All officers of the militia receiving fines or pecuniary 
 penalties, collected by execution, shall make a return thereof to 
 the paymaster general, or to such officer of his department as he 
 may designate, at least once a year, or oftener if necessary. The 
 
 Court may 
 punish lor 
 contempt. 
 
 Fines col- 
 lected by 
 ■execution. 
 
 DeL'radeil. 
 
 Cadets— how 
 tried. 
 
 E.xecution to 
 be rcturutd 
 in 60 days. 
 
 Officers re- 
 ceiving 
 monies col- 
 lected. 
 
PT. 1.— TIT. 11.— PcBLTc Defence. 2o7 
 
 Chapter 4. — Courts Martini. 
 
 paymaster pjeneral shall lay an abstract of the same before tlie 
 commaiider-in-cliief annual 1 v. 
 
 CHAPTER V. 
 
 prp:skrvation of ordkr at parades. 
 
 Section. Section. 
 
 lOGG. Dislurbing- officer or soldier on duty. 10(50. Sutlers — duties ;nid privileges. 
 10G7. By persons connected with military. 1070. luto.xication on parnde ground. 
 lOGS. Officer lias jiower to arrest. 
 
 §10()0. >,'o bystander, or person not connected with the niilita- interfering 
 ry, shall molest, interrupt or insult any officer or soldier, Avhile on m' soidicr'^on 
 duty, at any muster or parade, and the commanding officer, where " ' " 
 such offence may happen, shall have power to confine such per- 
 son under guard until the close of such jiaradc or muster, mIio is 
 liable to indictment and conviction for a misdemeanor, to l)e pun- 
 ished in the discretion of the Court. 
 
 §1067. Any person connected with the military service of the ,j,^„,,„r(,j. 
 State M'ho shall be guilty of the offences mentioned in the J^rc- ",','/,^.",.'," ^^"^ 
 ceding section, or shall otherwise vi(date military order or deco- 
 rum, shall be arrested and punished at the discretion of a court 
 martial. 
 
 § 1068. The commander of companies, battalions or regiments, command- 
 brigades or divisions, Avhen on duty with their respective com- linV persons 
 mands or parts thereof, shall have power, in their discretion, topanuie. 
 arrest and conhne, not exceeding the period for M-liich they were 
 on duty, any person who shall, upon or near any parade ground, 
 field, pul)lic highway, or any other place occupied by any portion 
 of the military force of Georgia, under arms, by means of ludi- 
 crous disguise, dress, arms and instruments, noise or other means, 
 disturb the peaceable and orderly proceedings of those under 
 arms, and such disturbance may be viewed as a misdemeanor, and (>ff,.ndors 
 the offender may be indicted, and on conviction punished by fine [,"Xd"fo?a 
 and imprisonment, at the discretion of the civil court before '"'**'''°''"°" 
 which he is convicted. 
 
 § 1069. When any sutlers shall attend any military muster or «;„t,,.r8 „n- 
 parade they shall be under the direction of the commanding I'roi o7com- 
 officer with regard to the time and place of selling refreshments, ^iiScer."^ 
 and such commanding officer shall have power to grant exclusive 
 privileges to such persons as may engage to furnish suitable spa- 
 cious and convenient places of parade, and the sutler aforesaid, 
 
208 PT. 1.— TIT. 11.— Public Defence/. 
 
 Chapter '>. — Preservation of order at Parades. 
 
 when permitted, shall not be liable for retailing spirituous liquors 
 at any of the musters aforesaid under the law for retailing spirit- 
 tious liquors without license. 
 Treatment ^^JKiTO. Yisitors fouiid ou the i)arade ground during the times 
 
 «f intoxica- '- . . "■ 
 
 ted visitors, thereot intoxicated, may by the commander be marched beyond 
 the lines, and on returning in tlie same state may be put under- 
 <ruard. 
 
 CHAPTEll A'l. 
 
 PROVISIONS OF LOCAL APPLICATION. 
 
 Section'. i Section. 
 
 1071. Cities — liow organized into corn's. ; 1070. Members exempt from jury duty. 
 
 1072. Each beat elect a captain, &c. < 1080. Same privileges to other cities. 
 
 1073. Removal of commissioned otBcer. i 1081. A'olunteer corps of Savannah. 
 
 1074. Captain of beat, &c. : 1082. How organized. 
 
 1075. Beat company — how designated, j 1083. Rights of the regiment secured. 
 
 1076. Regiments, battalious, Ac. ] 1084. By whom commanded. 
 
 107 7. Volunteer companies of Augusta. 1085. Honoraiy members— liow admitted. 
 1078. Commanding officer — how elected. 
 
 Cities (livi- §1071. Cities where the population may authorize it may be 
 
 beats. ^ divided into beat coini^anies by law : each district in which two 
 
 Justices of the Peace are elected shall constitute two beat com- 
 
 Eightbeat pauies. If there be eight beat companies or more they shall 
 
 companies . . .^ in • , i .l t 
 
 totorma coustitutc a regiment, lour or more shall constitute a battalion 
 ioura bat- to bc Commanded by a lieutenant colonel and major, two or more 
 
 shall constitute a battalion to be commanded by a major. 
 Election of §1072. The citizens of the several cities or towns arranged 
 t-eat com'-'^ iuto beat companies, resident within their respective beats, shall 
 taiioDsand elect ouo captaiu and two subaltern officers for each beat com- 
 
 r*i' **i 01 c n t s 
 
 ]:)any ; where a battalion exists the citizens resident within the 
 l)attalion limits shall elect the lieutenant colonel and major, or 
 major, as the case may be, and where a regiment is formed the 
 citizens within its limits shall elect a colonel, lieutenant colonel 
 and major. 
 Where com- ^1073. Ill citics or towiis tlic rcmoval of a commissioned offi- 
 Se'r"may cer sliall iiot vacatc his commission, unless it be beyond the cor- 
 porate limits of the city or town. 
 Captains to §1074. The captaius of all beat Companies in the State shall 
 commis"*'" appoiut four sergeants and four corporals for their respective- 
 ters. ' " " companies ; they shall hold company courts martial in like 
 manner with captains of (company districts. 
 
FT. l.-TIT. II .-IW Defekc E. 
 
 Chapter 6.— Provisions of Local Application. 
 
 209 
 
 §10^5. The beat companies in each regiment or battalion shall Beat com- 
 be designated bj the first ten letters of the alpliabet, commen-S„1- 
 cingM'ith "A" and continuing regularly to "K," omitting "J "mld!"'^"" 
 §1076. Battalions under separate command l>v the nime of Battalions 
 the city or town in which they are located, and regiments l)v a^^'' 
 number fixed by the commander-in-chief. 
 
 107T. Tlie volunteer companies of the city of Augu.ta arc voh.„teer 
 organized into a separate battalion called tlie -Indei)endeiit Vol- o?T;r 
 nnteer Lattalion of Augusta," an<l separated Irom the tenth iorffi^ 
 regiment. Any other companies which mav be organized here- K"''"'' 
 alter m the city of Augusta, may, if they desire it, be attached 
 to the battalion, and when the number of companies amount to 
 eiglit they shall constitute a regiment to be called the "Iiidepen- 
 <lent V olunteer Regiment of Augusta." 
 
 §1078. The battalion shall l^e commanded bv u lieutenant co.n.a„.ior 
 colonel, elected by the members of the coi,.panics;-oinposin.nhe tai.t^-tw 
 battalion, who shall have a full and complete regimental stafi' ^■'^^'^'• 
 iNo person shall be eligible as lieutenant colonel or to an appoint- 
 ment on the stafi' who has not been connected as a regular 
 niember with one of the companies of the battalion for at least 
 six months previous to the election or appointment 
 
 § 1079. The active members of the battalion are exempted from i,at.„, 
 jury duty m the Courts of the city of Augusta and in the county ui^; 
 ot Kichmond, and Irom the performance of militia duty except'"'" 
 m case ot war, riot, insurrection or invasion. The battalion 
 shall be subject to the orders of the commanding,, officer when- 
 ever he may deem it expedient. 
 
 §1<»S0. The same privilege is granted to the volunteer c-om- cu, voiun- 
 panics m the city ot Macon and. any other city in the State Ses^'S.-ay 
 which has the requisite number of volunteer companies, and i^^^^t^ 
 deficient they are allowed to make up such number from the le^es^^^^'" 
 county in which such city is situated, and if not in the countv 
 elsewhere. •' ' 
 
 §1081. The volunteer corps of tlie city of Savannah are vo. t 
 tornied into a regiment entitled ''The First Volunteer Regiment ^^^^^^^^^^^^^^^ 
 ot the State ot Georgia, embracing as many corj)s as may chose '^ "■''^"™^"*- 
 to conform to the regimental organization; but when the re-i- 
 ment numbers sixteen companies they may organize themselves 
 mto a brigade and elect the necessary oflicers to command the 
 same in such manner as the members of said companies may see 
 nt to adopt. *' 
 
 ion 
 xemptfrom 
 ry and mi- 
 duty. 
 
210 PT. 1.— TIT. 11.— PciiLic Defence. 
 
 Chapter 6. — Provisions of Local Application. 
 
 Officers and §1082. The fii'st voluuteer reorinient sliall be commanded by a 
 
 staflf. O O «r 
 
 colonel, lieutenant colonel and major, and sliall be entitled to a 
 regimental staif. Orders for the election of a colonel, as often 
 as a vacancy occurs, shall be issued by the commander-in-chief, 
 and the members of the several corps constituting the regiment 
 alone shall be entitled to vote, all other elections for officers be- 
 longing to said regiment shall be ordered by the colonel or com- 
 manding officer. 
 Righrsofthe §1083, The rights and privileges accruing to said regiment 
 cMcrt.*^" ^'^' shall not fail by the consolidation of two or more companies or 
 the withdrawal or dissolution of one or more companies', but the 
 same shall vest in and be enjoyed by the corps composing the 
 "First Volunteer Regiment." 
 Commanded §108i. The " First Yoluntoer Regiment " shall be subject ex- 
 offlce^rs and clusivcly to the commaud of its own officers and the commander- 
 in-chief, in-chief, except when on detached service either of this State or 
 of the Confederate States, Avhen it shall be governed by the 
 military law and the usage and custom of the army. 
 Honorary §1085. All tlic voluntecr corps shall each have the privilege 
 voiuntc'^T of enrolling as honorary members of their respective corps not 
 exceeding twenty persons, who shall be exempt from ordinary 
 militia duty, only so long as they continue their membership in 
 said companies, on paying into their respective treasuries the 
 sum of twenty dollars each annually. 
 
 corps. 
 
 CHAPTER YII. 
 
 MISCELLANEOUS PROVLSIONS. 
 
 Section'. ISectiox. 
 
 1086. Insurrcctioii. Ac. — dut3'ofGov. i 1095. Arms, &c., exempt from sale. 
 
 1087. Discipline of military. 
 
 1088. Entitled to pay & rations — when. 
 
 1089. Duty of resident commander. 
 
 1090. llequisition of militia by C. S. 
 
 1091. Commanding? officer, &c. 
 
 1092. When called out of the State, &c. 
 
 1 096. No. of votes required to elect. 
 
 1097. Elections and returns thereof. 
 
 1098. Commissions and effect thereof. 
 
 1099. The ratification by the State. 
 
 1100. Officers must report themselves. 
 
 1101. Substitutes may be received. 
 
 109;5. Pass over ferries, Ic, free — when. 1102. General provisions adopting, &c. 
 1094. Under arms to preserve order, &c. i llO;?. Incorporated comp. not affected. 
 
 In case of §1086. Upoii any insurrection, rebellion, invasion or probable 
 tLXinva- prospect thereof, it shall be the duty of the Governor to call from 
 Gov. to'cuii that portion of the State then threatened, or other portion if ne- 
 force™' ' '"^ cessary, such part of the military force of the State as he may 
 
PT. 1.— TIT. 11.— Public Defence. 211 
 
 Chapter 7. — Miscellaneous Provisions. 
 
 think proper, and detail such number of staff officers of the ne- 
 cessary grades from the several staff departments for their accom- 
 modation, equipment and support as may l)e necessary. 
 
 §1087. Whenever any portion of tlie military force of this nisei pUno 
 State shall l)e called into actual service, either of the State or of into actual 
 the Confederate States, they shall be <i:overned by the roijuhitions 
 of the army of the Confederate States, and the rules and articles 
 of war so far as the same are applicable, but to the cashiering of 
 any officer, or the infliction of capital punishment within the 
 limits of this State, the approbation of the commander-in-chief 
 shall be necessary. 
 
 §1088, When any portion of the military force of the State is ray and 
 ordered by the commander-in-chief for actual service, or for drill ^' 
 and instruction, they shall be allowed such pay and rations, and 
 other compensation, as are allowed to tlie army of tlie Confed- 
 ■erate States. 
 
 §1080. If a sudden invasion should l)e made, or insurrection j),jj^, ^f^cs- 
 happen, in any county or city of this State, the commanding of- j;j!;"^,,*:°™„ 
 ticer, in said county or city, is em})owered to take the necessary Ji'^.^J'-Jlya.''' 
 steps to repel the same, and upon tlie requisition of the civil au-^'""" 
 thorit}', to proceed to quell the insurrection, reporting the condi- 
 tion of things at once to the commander-in-chief. 
 
 § 1000. Whenever any detachment of the militia may be re- D^.tnohment 
 ■([uired of this State, by the proper authority, on the part of tlie;.'a'i'eli''i';rby 
 Confederate States, the connnander-in-chief shall cause the same ^' ''^ 
 to be apportioned by such staff officers as he may think proper 
 to detail for that purpose, and a list of the persons so detached, 
 shall be made out and forwarded to the Executive Department 
 forthwith, and the Governor shall assign the necessary officers to 
 said detachment from the officers of the militia then in commis- 
 sion. 
 
 §1091. When a division, or brigade, or companies, sufficient Brigade or 
 to constitute either, shall be called for on tiie part of the Confed- Innuir ° 
 orate States, and detached from the militia of this State, the Gov- sonicJV 
 ernor shall appoint a suitable officer to command the same, and 
 commission him accordingly, unless otherwise provided for by the 
 Constitution and Laws of the Confederate States. 
 
 §1092. Whenever a sufficient number of the militia, to consti- Kepimont or 
 tute a regiment or battalion, shall be detailed for service to op- luumlCTn-'^ 
 erate beyond the limits of the State, such regiment shall be fur-statr^'^*''* 
 nished, by the Governor, with two flags — one the regimental 
 
212 PT. 1.— TIT. 11.— Public Dkfexce. 
 
 Chapter 7. — Miscellaneous Provisions. 
 
 color bearing the arms of the State ; the other the national color- 
 bearing the arms of the Confederate States, botl I inscribed with 
 the name of tlie regiment, and if a battalion, the regimental color 
 only, conforming to flags of like description in the army of the- 
 Confederate States, and at the close of the service it shall be the- 
 dnty of the officer conuuanding snch regiment or l)attalion to re- 
 turn the same to the Governor, or report the reasons for his de- 
 fault tliei'ein, which shall be communicated to the next General 
 Assembly, 
 oflicei-san.i 8 1093, All officers, wliilst on dutv, and anv militia called to- 
 
 militia to <-' ' ,.■•./• 
 
 passfree musters, parades or drills, or to courts martial, or courts of in- 
 over toll ■ i- ' ' 
 
 ^^!^^^*^ (piiry, having to pass oxev toll bridges, ferries or through turn- 
 pike gates, shall pass toll free going to or returning from the dis- 
 charge of snch duty, 
 onmustor §1091. For the purpose of preserving order on any day of pa- 
 litiaareun- rade, drill or muster, the militia shall be considered as nnder- 
 
 <ler arms , i • • j> i • • • t 
 
 from sunrise amis irom tlio risiug ot the sun to its setting m the same day.. 
 
 to sunset, i i n i ^10 i • i ^ • 
 
 and shall l)e exempted trom arrest during that time. 
 Arms,ac- jj 1095. All anus, ammunition and equipments, the troopers 
 ments,"&c., liorse and furniture, the uniform and accoutrements of the sol- 
 txemp rom ^.^^^ ^^^^ evcry horse necessary to the discharge of military dnty 
 in every departn.ient of the State's service, with his apparel, shall' 
 l)e exempt from seizure and sale under civil process, nor shall 
 any service of civil process be etfectual upon any militia man 
 while going to, continuing at, (ir returning from parade, drill oi" 
 muster, or while in actual service of the State or of the Confed- 
 erate States. 
 Plurality of §1096. At all elections for otncers of the militia, the person- 
 ■ lect. " having the highest number of votes shall be declared elected. 
 Elections— §1097. All elcctious for militia officers shall be held at the- 
 where held, ^^g^g^} placc of lioldiug electioiis, and the superintendents shall re- 
 turn the result thereof to the commander-in-chief, who shall cause- 
 commissions to issue accordingly; but upon due proof of fraud or - 
 illegality in holding such election, the commander-in-chief may 
 supercede the same and order a new one in his discretion. 
 i;ommis- § 1098. All commissions shall bear the impression of the great 
 
 with great Seal of tlio State ill print, aud shall run during good behavior;: 
 but they may be vacated by removal from the command in which 
 the officer belongs by death, resignation, sentence of a court mar- 
 staft- ofliccrs tial, and acceptance of another inconsistent commission. Staft" 
 Sweo.*^" officers, except the chiefs of the staff departments, may be re- 
 
PT. 1.— TIT. 11.— Public Dkfenck. 21S 
 
 Chapter 7. — Miscellaneous Provisions. 
 
 moved by the officer in whose staff they serve, and tlieir commis- 
 sions shall expire with his commission. 
 
 S 1099. Tlie resolution of the Senate, c(»ncurrini2: in the nomi- Nomination 
 
 ^. . ^ 1 -r» 1 of a military 
 
 nation of anv military omcer, shall l)e certilied bv the President "ffi^er to be 
 
 ■^ ' . ■ , . certified. 
 
 and Clerk of the Senate, and be transmitted to the Executive 
 Department, and the Governor shall cause commissions to issue 
 in accordance therewith. 
 
 jJllOO. All officers, on reception of their commission and tlieir officers to 
 
 ... , • i- 1 11 1 report thcm- 
 
 subscription, and the attestation ot the oath thereto annexed, selves, 
 shall immediately report themselves to the proper officer in com- 
 mand. 
 
 §1101. Any person detached to serve with any portion of tlie May provide 
 militia called into the service of the Confederate States, maywhenVaiw 
 utler a substitute at or before the time of rendezvous, and such o" c. s."^^' '^ 
 substitute, if he shall be an able bodied man of the age of twen- 
 ty-one years and upwards, and shall consent in writing to subject 
 Jiimself to all the duties, tines, forfeiture and punishmeiits to 
 M'hich his principal would be subject, were he personally to serve, 
 lie shall be accepted by the commanding officer of the detach- 
 ment, and ordered to be enrolled in place of his principal. 
 
 §1102. All matters of detail in the various branches of the General pro- 
 
 .,.. . p I o '11 • 1 1 !■ • 1 • visionadopt- 
 
 military service ot the State, not specially provided tor m this in- military 
 Code, which may occur in the execution and distril)ution of or- 
 ders, reports and returns, proceedings of courts martial and courts 
 of iiKpiiry, discipline and etiquette, rank and precedence of offi- 
 cers, military badges and distinctions, shall be determined, as far 
 as practicable, by military law and usage, and the custom of the 
 army of the Confederate States. 
 
 §1108. The provisions of this Code shall not repeal or super- code not to 
 -cede any rights, privileges or liabilities, attaching to any military [e^es of In- 
 
 • i- 1 A i ±' ii 1 • 1 • 1 '• corporated 
 
 organization by any Act ot the Legislature, creating such organi- companies. 
 zation a corporate body ; but in all cases Avhere volunteer compa- 
 nies have been incorporated, they shall l)e called on by general 
 <jrder, published by the commander-in-chief, to report by the first 
 day of May next ensuing the date M'hen this Code shall go into 
 effect, and on failure to report, they shall be deemed to have sur- 
 rendered their franchise as corporations, and shall be dropped 
 from the roll and disbanded, nor shall they supercede any militia 
 laws now of force that mav not be inconsistent with them. 
 
Srfl PT. 1.— TIT. 11.— Public Defence. 
 
 Chapter 8. — The Public Anns and Arsenals. 
 
 CHAPTER YIII. 
 
 THK PURIJC ARMS AND ARSENALS. 
 
 Section. Skctiox. 
 
 1104. The imblic arm.-; — where kejn. 1110. City volunteers may use arsen;il. 
 
 1 1 05. Persons receiving must »ive bond. 1111. Deposit of gun powder. 
 HOC. Delivery of arms. 1112. Military store keeper, &e. 
 
 1107. Bond not required — when. 111.'!. Must give bond and surety. 
 
 1108. Brigade inspector — his duty. 111-4. His duties. 
 
 1109. Commissary general — his duty. ! lU'i. Penalty for violation of duty. 
 I'nbiicanns § 1104. The public aniis of the State are to be deposited in the- 
 
 — where i o 
 
 kept arsenals at Savannah and Milledgeville, as the public exigency 
 
 may require, and at such other place as the commander-in-chief" 
 may order, or the General Assembly prescribe. 
 
 Bond and §1105. Before arms and accoutrements are delivered to anv 
 
 surety to be ^ < 
 
 given. volunteer corps, bonds and sureties must be executed for their 
 careful preservation and faithful return, according to law, paya- 
 ble to the commander-in-chief, in such sum and under such other- 
 regulations as he may prescribe. 
 
 Delivery of § 1106. Wlieii sucli is doiic tlic commissary general shall draw 
 his order on the keei)er, who shall, without delay, deliver them. 
 
 Bonds not §1107. lu casc the public necessity requires i^, the command- 
 
 when. er-in-chief may permit the delivery or distribution of arms with- 
 out taking such bond, and may impose such terms as he may see 
 proper, * 
 
 Brigade in- §1108. The brigade inspectors must examine into and report 
 
 report " the conditioii of the public arms and accoutrements in their re- 
 spective brigades, to the commissary general, by the first ]\fonday 
 in October annually. 
 
 Neglect of § 1109. When the 'commissary general is satisiied that any por- 
 
 arm.s. . /• i i • • • i i'> /» i ' 
 
 tion ot sucii are oemg injured lor want oi proper care, iie may 
 prescribe such terms fur their preservation as he may see tit, and 
 may, in his discretion, have them returned to the arsenals, 
 cityvoiun- §1110. The voluntccr corps of any city of this State, where 
 use arseuHis. there is an arsenal, are permitted to deposit their arms there, pro- 
 vided such does not interfere with the proper keeping of the arms- 
 therein, and that all expense of so doing is defrayed by such corps. 
 Deposits of § 1111. Gun powdcr shall not be deposited in any arsenal con- 
 gm pow er. ^^g^jfj to any ordinance or by-law of the city where it is situated.. 
 Military § 1112, The Govemor has power to apj^oint military store keep- 
 
 ers, ers for such arsenals or other places where the public arms may 
 
 be kept, who hold their offices for one year. 
 
 / . ' • ■ fe t-t^"' 
 
 o 
 
FT. 1.— TIT. 11.— Public Defence. 215 
 
 Chapter 8. — The Public Arms and Arsenals. 
 
 §1113. Before enterino; on the discharije of tlieir duties, all shaii give 
 military store keepers shall give ooiul and surety in such sum as the surety. 
 Governor may order, and shall also swear faithfully to discharge 
 the duties of their offices to the hest of their skill and knowledge. 
 
 P114. It is their duty— 
 
 1. To take into possession, and safelv and nicely keep all the r)"t'<'s of 
 
 ^ . . ' .1 military 
 
 State arms, accoutrements, munitions or other State property store keep- 
 committed to their care, to deposit them in the State arsenal, if 
 in good repair, or in such other building as they may be direct- 
 ed, and to keep such arsenal or building in proper order. 
 
 2. To make annually, or oftener, if required by the Governor 
 or ^commissary general, a report to the said latter named officer, 
 of the number, kind and order of the arms and accoutrements ; of 
 the condition of the munitions and other ])roperty in their keep- 
 ing, inchiding the condition of their buildings. 
 
 3. To deliver to any officer or person having the order of the 
 commissary general the arms or other |)roperty required, if in 
 their j^ossession. 
 
 4. To obey all lawful orders, atid to perform such other duty 
 as the law may require. 
 
 §1115. If such keeper shall viohite any portion of his duty, P.c'>-'»ity for 
 
 , , "^ ^ ' violation of 
 
 for each violation he forfeits twenty-five dollars of his salary, and ^^"tJ'- 
 for unfaithful conduct or inefficiency, may be removed by the 
 Governor. 
 
 TITLE XII. 
 
 EDUCATION. 
 
 CHAPTEPt I. 
 
 TIIK rxn'KHSlTY OF lU^'.OROIA. 
 
 Sectiox. Seotiox. 
 
 IIIG. Tlie rniver.«ily of Georsiia. i 1126. Reiioit laid belbre tlie Legislature. 
 
 1117. Name and style — may sue. v^ce. , 1127. Oflicers — religion of. 
 
 1118. Number of Trustees. I 1128. Not required to take certain oaths. 
 
 1119. Board reduced below a quorum. 1129. Chancellor may attend Legislature. 
 
 1120. Powers specified. i 1130. L^niversity may confer degrees. 
 
 1121. Meeting — by wlioin called. | 1131. Graduates of Lumpkin Law school. 
 
 1122. Trustee failing to attend, iVc. : 1132. Preparatory school connected. 
 
 1123. Disposition of stock subscribed for. i 1133. Campus grounds reserved. 
 
 1124. Trustees nuist report annually. 1134. Permanent income. Ac. 
 
 1125. Yisitors — number iuid duty. Ai-. 1 13r>. Former Acts not repealed by Codf. 
 
216 
 
 PT. 1.— TIT. 12.— Education. 
 
 Chapter 1. — The Uuiversity of Georgia. 
 
 TJniversity 
 •of Georgia 
 
 and its gov- 
 •erument. 
 
 Name and 
 style — may 
 sue aud bu 
 sued. 
 
 Number of 
 Trustees. 
 
 "When the 
 Board is re- 
 duced below 
 a quorum. 
 
 Powers 
 
 specified. 
 
 Presiding 
 officer. 
 
 May elect 
 professors. 
 
 Course of 
 studies. 
 
 Establish 
 schools. 
 
 Books, 
 Funds, &c. 
 
 Expenses. 
 
 §1116, The government of t]ie University of Georgia, at 
 Athens, is vested in a Board of Trustees, who are subject to the 
 General Assembly. 
 
 § HIT. For such purpose they arc a l)ody corporate aud politic, 
 l)y the name of the "Trustees of the I'niversity of Georgia," by 
 which they shall have a perpetual succession, have and use a com- 
 mon seal, and be a person in law, able to plead and be impleaded, 
 to hold and acquire real and i)ersonal estate, with power to lease 
 and otherwise manage the same for the good of the University. 
 All money or property granted l)y the State, or individuals, for 
 the advancement of learning in general, is vested in such Trus- 
 tees. 
 
 § Ills. Such Trustees shall consist of citizens of this 
 
 State, any of whom shall make a quorum, with power to 
 
 transact all business within their authority. 
 
 §1119. If the Board shall be reduced to less than a quorum, 
 the Governor shall fill the vacancies until the quorum is complete, 
 and then the quorum shall fill the remaining vacancies. 
 
 § 1120. They have power — 
 
 1. To elect their own ofiicers, such as President, Yice Presi- 
 dent, Secretary, Treasurer, or such of them as they may require, 
 and also all other ofiicers they may deem necessary for their or- 
 ganization. 
 
 2. To elect a })residing ofiicer of said University, who shall be 
 styled ''the Chancellor of the University of Georgia," and in 
 case of a vacancy in liis ofiice, unsupplied, to create such office 
 and make such arrangement for the conduct of the institution as 
 to them shall seem meet. 
 
 3. To elect or appoint professors, tutors, stewards or any other 
 ofiEicer necessary, to discontiue or remove them as the good of the 
 University may require, and to fix their salaries. 
 
 4. To prescribe the course of studies to be pursued l)y the stu- 
 dents, the terms and manner of graduating and of conferring all 
 the degrees. 
 
 5. To establish all such schools of learning or art as may be 
 useful to the State, and organize the same in the way most likely 
 to attain the ends desired. 
 
 6. To call on all persons mIio may have, or have had, any funds, 
 property, papers or books belonging to the University, to deliver 
 them up and make settlements. 
 
 7. To adjust and determine the expenses of the institution. 
 
FT. 1.— TIT. 12.— Education; S|| 
 
 Chapter 1. — The University of Georgia. 
 
 8. To exercise any power usually granted to such incorpora- Powers usu- 
 tions, necessary to its usefulness, and not in conflict with the Con- 
 stitution and laws. 
 
 §1121. The President of the Board and two of its members Meetings of 
 may appoint a meeting at any time, l)y giving to the others at.aiied. 
 least ten day's notice, by letter or otherwise. When the President 
 does not act the senior trustee present shall preside, and in all 
 other respects discharge his duties; when the board is divided the 
 presiding officer shall give tlie casting vote, or may vote to make 
 a tie. A majority of the body jtrosent shall govern, if a qy^'i'^ni^- 
 Nothing done at a special meeting sludl ])e binding after the ris- 
 ing of the next anmuil meeting, unless then coniirmed. 
 
 i:J1122. If any member of the Board. l)eing within the ^t ate, trustees 
 shall fail to attend any two successive annual meetings, his seat 'tcn["^ ^ *'" 
 becomes thereby vacant, unless he is specially excused by the 
 Board for good cause shown. 
 
 §112o. Such trustees shall never dispose of the stock by them phaii not dis- 
 subscribed for, except with the consent of the General Assembly, suhscribod'^'' 
 but the dividends therefrom shall be drawn and used as the va- '^^' 
 rious demands of the University may require. 
 
 §1124. It is the duty of such trustees to make an annual re- rpj.„gjpgg 
 port of their business to the Governor, which must embrace a "nn^'auy!"^* 
 statement of their expenditures and receipts on account of the 
 University, the number and nanu^s of the students, their diifer- 
 ent studies, the tuition money and all information and sugges- 
 tions which the Board nuiy think conducix e to the good of the 
 University, and the cause of general education in the State. 
 
 § 1125. The Governor shall appoint annually ten citizens of spedai 
 this State as a special Board of visitors to attend the University l^suors— 
 examinations, preceding the annual commencements, and saidp^ntod. 
 committee, by three of their number chosen by them, shall report 
 to the Governor with the least possible delay, the character of 
 said examination. Such visitors shall receive for their services 
 hve dollars />t^/' rh'ent, estimating from the date of their leaving 
 their respective homes. 
 
 §112r). The Governor shall lay the reports respectively, of thenoportof 
 Board of Trustees and the Board of Visitors, annually, before Trustees and 
 the General Assembly, in connection with his annual message, 
 with such comments as he may see proper, and when so done the 
 General Assembly has power to revise and approve or reject the 
 action of the Board of Trustees. 
 
218 
 
 PT. 1.— TIT. 12.— Education. 
 
 Cliapter 1. — The University of Georgia. 
 
 Officers shall §1127. All officcrs elected or appointed for the ITniversitv 
 
 be of the •^ 1 . • 1 . . , . T . ' 
 
 christian re- shall 1)6 01 the ohnstiaii reliirioii, hut 110 person ot anv relie-ioiis 
 
 lipion. . " . ^ " , 
 
 denomination shall he exchided from equal advantages of educa- 
 tion and the immunities of the T^niversity on account of their 
 speculative sentiments in religion, or heingof a ditferent religious- 
 profession from the trustees or faculty. 
 Oaths re- >:j 1128. Tlic Chancellor of the T'niversity, its Professors and 
 
 ?hrcharu-r. Tutfirs shall iiot he required to take certain oaths prescril)ed iit 
 
 its charter. 
 Chancellor § 1129. The Chancelh>r has the authority to ap})ear hefore the 
 
 luav ajjpear ^ ' ... , . , . i t i , i 
 
 before the CTeiieral Assembly once at each session, and address them in per- 
 
 Legislatnro. -,. . . , x i tt • • 
 
 son, on the condition, interests and wants ot the University, 
 conferrinj,' §1130. The T'liiversitv may confer degrees as follows: — 
 
 1. To each graduate of the T'^niversity the degree of Bachek>r 
 of Arts. 
 
 2. To each graduate of the riiiversity, or of another College 
 of three years standing, or to sucli graduates as have passed a 
 year in the University schools, all Ijcing of good moral character,, 
 the degree of Master of Arts. 
 
 8. To all law students who ha\e attended tlie lectures of the 
 Professors, and are recommended l)v tliem for the same, the de- 
 gree of Bachelor of Laws. 
 
 4. To the graduates of such medical school as may he estah- 
 lished l)y the trustees of the Pniversity, the degree of Doctor of 
 Medicine. 
 
 5. To students in the T^niversity schools of two years standing, 
 and proficient in two oi- more of them, the degree of Doctor of 
 Philosophy. 
 
 6. To persons distingiiislie<l for learning. al)ilitv and character. 
 according to their respecti\e vocations, the degree of Doctor of 
 Laws, or of Divinity, and wJien^ appro])riate, hoth. It may also^ 
 confer such other degrees and honors as may tend to tlic ])romo- 
 tion of the arts and sciences. 
 
 Jj 1131. Any law student liaving a diploma of graduation, sign- 
 ed by the pnjper authority of the I'niversity, is entitle<l to ])lead 
 and practice law in all the Courts of law and equity of this State 
 on the same terms of the graduates of the Lumpkin Law School, 
 and all graduates of the Medical School of the rni\ ersity are en- 
 titled to practice their profession in all its branches. 
 
 §1132. By the authority of the Board of trustees there sliall 
 be estal)lished. in connection with the I'niversity, an institute 
 
 Law stu- 
 dents may 
 practice. " 
 
PT. 1.— TIT. 12.— Education. M| 
 
 Chapter 1. — The University of Georgia. 
 
 eombiniiio; the instruction iisnally ffiven in academies and to the Preparatory 
 lower classes in Collesres, and by the same authority there may be conmction 
 
 c ' " ,, ' /^ 11 ' • ^^'"^ college. 
 
 a reduction of the number ot years usually spent in Colleges pri- 
 (tr to graduation. T'niversity schools for professional education, 
 including the application of science to the industrial arts as well 
 as to the more abstruse and recondite sciences, and especially for 
 tlie promotion of medical and legal education, not omitting the 
 application of (chemistry to agriculture, and matliematics to civil 
 engineering. 
 
 §1138. There is reserved and set apart for tlie University cam- campus 
 
 ^ _ ^ _ -^ ^ ■ grounds not 
 
 pus, nut subiect to alienation, thirty-seyen acres of the tract of^^"t>.i<?<'tto 
 land donated to the Uniyersity by the late Goy. John Milledge. 
 
 §1134. The permanent income of said University, from its Ti,e pern,3. 
 bank stock sliall not be less than eight thousand dollars annually, "ot i('ss*'t™an 
 and when the dividends from tlie bank shall not be equal to said ^^^' 
 sum the CTO\crn()r is required to make up the deficiency semi-an- 
 nually, by his warrant on the State Treasurer, for its payment 
 out of any money not otherwise appropriated. 
 
 §1135. The various acts of the General Assembly relative to Acts in reia- 
 said University, in force at the time of the adoption of this Code, vTsUr, not 
 if not embraced herein, and not inconsistent witli Avhat is so em- [hls^codc,' 
 
 1 J J_^^^ ,' J} still in force. 
 
 braced, are still ot torce. 
 
 CHAPTEK II. 
 
 GEORGIA MILITARY INSTITL'TK. 
 
 Skctiox. Sectiox. 
 
 1136. Siii>L'rintL'iidont — tiiiiiointmcnt. ito. 1 14vS. Shall teach 2 years afler graduating. 
 
 1137. His rank ill the volunteer I'oroo. ! 1149. Quorum of Inspectors may act. 
 
 1138. Aliseuce — how supi)li('d. 1150. Reasonable expenses allowed. 
 
 1139. Military store keeper at Institute. ' 1151. Shall ajjpoint Sec'y and Treasurer. 
 
 1140. May be allowed extra pay — when. 1152. Treasurer must report. 
 
 1141. In the di.stribution of arms, <tc. i 1153. Inspectors report to the Governor. 
 
 1142. Inspectors — appointment and duty. 1154. Officers. .Ic. — ineligibility of. 
 
 1143. A'isitors — appointment, kc. 1155. Rides, .Ix-. 
 
 1144. Persons disqualified to act. 1156. Suits for or against tlie Institute. 
 
 1145. State cadet.s — how appointed. i 1157. Expenses of State cadets. 
 
 1146. How selected — vacancies. ,lc. ; 1158. Salary of tlie Superintendent. 
 
 1147. Transferred to pay list — when. 1159. Officers resigning without notice. 
 
 §lJ3r). The commanding olhcer of said Institute is styled thcTho supcr- 
 
 . , . 1 1 • 1 1 I T> 1 . T 1 intcndent — 
 
 buperintendent; Jie is clKjseii hy tlie lioard ot Inspectors, and appointment 
 
 1 1 1 1 • i»' 1 • Ml ' 1 1 TT • antl term of 
 
 holds his oince at their will and pleasure. He may appoint omce. 
 
220 PT. 1.— TIT. 12.— Ei.ufATioN. 
 
 Chapter 2. — Georgia Military Institute. 
 
 all Lis subordinate military officers, subject to the approval of said 
 Board, 
 
 His rank. § 1137. 13 V virtue of his office he is entitled to rank in the vol- 
 
 commission, ^ _ •' _ 
 
 Ac- unteer force of the State as Major, and to connnand the volun- 
 
 teer battalion of Avhicli his cadets form a part, and shall l)e com- 
 missioned by the Governor accordingly. 
 
 Absence of §1138, In the abseucc of the Superintendent iVom parade, or 
 
 Superinten- , . , . . . ^. .it • i -i • 
 
 (lent or other tunes, his junior officers ot the Institute take his place 
 
 according to rank. 
 Miliary § 1139. The Superintendent is, bv virtue of his office, also mili- 
 
 store keeper i . i 
 
 .It the insti- tary store keeper ol the public arms and accoutrements at the 
 Institute, with power to appoint a subordinate, for whose conduct 
 he shall be responsible. His powers and duties are the same as 
 other Military store kee2)ers, but he receives no salary, except for 
 the safe keeping of a quantity of arms largely more than neces- 
 sary for tlie Institution. 
 
 Maybe ai- 8 1140. Sliould tlic Governor place a laro;e quantity of the pub- 
 
 lowed extra , "^ ^ _ ^ ■■- . . . 
 
 pay— when. He amis ill his keeping, he may allow him just compensation, 
 
 not to exceed the salary of other military store keepers. 
 In distribu- § 1141. Ill the distribution of the public arms, or any portion 
 Institute of them, the Military Institute must be first supplied, according; 
 
 first suppll- . . . "^ IX' O 
 
 •cd. to its necessities. 
 
 Board of In- §1142. The affiiirs of the Institute shall be under the control 
 their Tp- of a board of ten Inspectors, to be appointed by the Governor, of 
 -ma duty, which the Governor shall be ex officio President ; the board may 
 elect a President ^;;v) tern, to officiate in the Governor's absence. 
 TJiree of the Inspectors shall be a quorum. It is the duty of said 
 l^oard to organize such departments for staff duty as may be ne- 
 cessary to establish the rank and grade of all officers of the In- 
 stitute, to appoint the State cadets, to fill vacancies in the aca- 
 demic staff, and to make and ordain all regulations for the go^'- 
 ernment of the Institute, to cause to be kept a strict account of 
 all moneys received and paid out on account of said Institute, 
 and report the same to his Excellency the Governor, at the end 
 of each session, together Avith the proper vouchers for the same; 
 all of which, together with the report of the Superintendent, 
 shall l)e by him laid l)efore the General Assembly, at the regular 
 session thereof in each and every year. 
 vit ap- §1^^'^- ^ Board of Visitors to the Institute shall be annually 
 ^omtment, appointed by the Go^'ernor, as many as he may deem conducive 
 to the interest of tlie Institute, not exceeding seven, who shall 
 
PT. I.-TIT. 12.-Er)ucATioN. 
 
 221 
 
 Chapter 2.— G^eorpria Militarj- Institute. 
 
 cadets 
 
 meet annuallv at the institution, on snch day and for sncli pur- 
 pose as ma,y be desiijjnated in the regu]ati(jns. Tliey sliall report 
 to the Governor siicli matters as they may deem advisable toiu-li- 
 ing said institution. 
 
 §1144. Xo eadet Avho lias been disiuissed or expelled, or has i.,,,ons dis- 
 deserted from the Institute, shall be a mend)er of any Board Sers^o'f 
 connected therewith, nor any other cadet, until after the expira-'*^''"^*''""^- 
 tion of three years from the date of bis leaving the institution 
 except as an instructor. 
 
 §1145. Tlie Board of Ins])ectors shall api)oint, bv warrant, one«, . 
 cadet Irom each of the Congressional districts of the State, and~iXrP 
 two from the State at large. They shall not be under fourteen'*"""' 
 or over twenty-five years of age, and must be of insufficient 
 pecuniary means to maintain and educate themselves at the insti- 
 tution. 
 
 §114(;. They shall be taken in turn, from each county in the ir„,^ 8ei«c- 
 district, until every county has furnished one, l)efore any county dcs-how"' 
 shall send another; vacancies shall be supplied from a different ""'''• 
 county than that from which the regular appointment came. If 
 any of the districts shall tail to offer one applicant, or from 
 reasonal)lc objections there shall be no appointment from a dis- 
 trict, the board, after giving due notice of such deficiency, shall 
 fill the vacancy from applicants already before them. The Board 
 of Education in each county may select and recommend one aj)- 
 I'licant from their several counties. 
 
 §1147. If it should be ascertained, or should happen, that a^ 
 State cadet, after his appointment, has sufficient pecuniary ability ^""7 bc"*'^'^ 
 to defray his expenses, he sliall be transferred to the list of pay t"*"ii'e"'iisf of 
 cadets, and the vacancy shall l)e filled by another appointment. " ""h^'i-"*'''*"' 
 
 §1148. Every State cadet shall sign a written pledge of honor ^j,,^^ teach 
 to act in the capacity of teacher in (.ne of the schools of this ^IHS"" 
 State, after leaving the Institute, for a term of two years, unless |i',"''«"''^'^""^- 
 excused for sufficient cause, by the Board of Inspectors, receiving 
 such compensation therefor as may be agreed on between himsefJ' 
 and the authority of the school. 
 
 §1149. A quorum of said Board of Inspectors are competent ^ quorum of 
 to the transaction of all business, except making or changing the'-'i^LT- 
 rules and regulations, M'hen a majority must be present.^ Their X!.";Sd- 
 meetings shall be held at the Institute as often as maybe neces-i^'l^S. 
 sary. Vacancies in the Board of Inspectors must be reported to 
 the Oovcrnor, who shall iill the same. 
 
222 PT. 1.— TIT. li>.— Education. 
 
 Chapter 2. — Georgia Military Institute. 
 
 Expenses— § 1150. All reasonable expenses incurred by the members of 
 
 owpau. ^^^^^^ ^^ ^_^^^ boards, in the discharge of their duties, shall be al- 
 
 ^i lowed them hj the Governor, and paid by his warrant on the 
 
 Treasury, out of any money not otherwise appropriated, but there 
 
 shall l)e no salary, or j)er clieni compensation. 
 Secretary § 1151. The Board of Inspectors, shall appoint a Secretary and 
 er— appoint- Trcasurer of said Institute, and fix his compensation. He must 
 
 give a bond and security, in the sum of live thousand dollars, to 
 
 be approved by said board, a copy of which shall be sent to the 
 
 Governor and tiled in the Executive office. 
 Treasurer § 1152. Sucli officers sliall quarterly render to the Superinten- 
 
 must report " . ... 
 
 <iuartcriy. Jgnt, and ofteuer if he requires it, a full statement of his receipts 
 and disbursements, which shall be reported to the Board of In- 
 spectors annually, or oftener, if required by them. 
 
 Inspectors §1153. Said board shall annually, and up to the tirst day in 
 
 must report ^ ^ r\ '• x' n i _a> • 
 
 to Governor. Qctobor, make to the Governor a written report ol all the atian's 
 of the institution, sending therewith the annual report of the 
 Superintendent, and shall propose such alterations or improve- 
 ments, as they may desire, which, together with the report of the 
 Board of A'^isitors, shall be by the Governor laid before the Gen- 
 eral Assembly, in connection with his annual message. 
 Ineligibility § 1154. All officcr or professor of the Institute is ineligible as 
 of officers. ^^^^ ^^ ^^^^ Board of Inspectors or Visitors ; neither can either one 
 
 of said Board be chosen to either one of said positions. 
 Euies, &c., §1155. The rules and regulations of the Board are subject to 
 
 ^ °"" ■ the call of the General Assembly. 
 Suits for or §1156. Suits for or agaiiist the Institute iiiust be ill the name 
 instuute.'* of the Board of Inspectors ; service on the Superintendent shall 
 
 be sufficient. 
 Expenses of §1157. The suiTL of two thousaud dollars is annually appropri- 
 -how^paw' ated to isaiid Institute, to be used by the Board of Inspectors, in 
 considerl^-i^^i of which ten State Cadets must be furnished, board, 
 tuition, wasiJug, fuel, light and medical treatment, free of charge, 
 they providing their own room, furniture, clothing, &c., which 
 sum is payable quarterly on the warrant of the Governor for 
 that purpose. 
 Salary of su- §1158. The Salary of the Superintendent shall be paid by the 
 dent— h° w State out of any money in the Treasury not otherwise appropri- 
 ^**^' ated, at the close of each session, by the warrant of the Governor, 
 
 drawn on the Treasurer for that purpose. 
 
 §1159. Ko professor, assistant professor or the Superintendent 
 
FT. 1.— TIT. 12.~Ei)L CATION. 223 
 
 Chapter 2. — Georgia Military Institute. 
 
 of said Institute, shall resign his office therein without giving the 
 Board of Inspectors thirty days' notice of his intention so to do, 
 and for a violation of the provisions of this section, such officer 
 so violating shall forfeit to said In.-titute one fourth of his an- 
 nual salary, to be retained on settlement. 
 
 CHAPTER III. 
 
 ACADEMY FOR TIIK BLIND. 
 
 ■Section. i Section. 
 
 IIGO. Location and orgauization. ; 1168. Trustees must report to Governor. 
 
 1161. A body corporate. 
 
 1162. Power and duty of tmstoes. 
 
 1163. Pupils— who entitled. &c. 
 
 1169. Visitors — appointment and duty. 
 
 1170. Powers of — must report. 
 
 1171. A'acancies — how filled. 
 
 1164. How appointed. ' 1172. Stati.stics — how obtained. 
 
 1165. Xumber — how regulated. | 117;!. Li.st of indigent — bj- whom kept. 
 
 1166. Pay i)uiiils — how received. 1174. Former acts continued in force. 
 
 1167. Treasurer must give bond. 
 
 §1100. All institution for the education of the blind is located Location 
 at Macon under the control of seven trustees already appointed. emT^f *^*** 
 
 §1101. They are a body corporate, and have all the powers^""*'" 
 and duties appertaining to similar institutions of this State in b,«iycorpo- 
 tlieir corporate capacity as trustees of the Academy for the Blind. 
 
 § 1102. The trustees have the power — Powersof 
 
 1. To appoint such officers, teachers and matrons as may ije*™'***^^ 
 necessary — to prescribe their duties, Hx their salaries, and to re- 
 move or discontinue them at pleasure. 
 
 2. To prescribe the course of studies, establish the rates of tu- 
 ition, and adjust the expenditures of the institution. 
 
 3. To adopt such rules and regulations, not in conflict with 
 law, as the interest of the academy may require. 
 
 §1103. All indigent blind persons, residents of this State, be-whupupiu 
 t ween the ages of seven and twenty-five years, shall be selected anlj'i^^i'^v'se- 
 by the trustees from the different counties of this State, received '"'"'■ 
 into the academy, and supported and educated gratuitously to 
 the extent the funds will permit. 
 
 § 1104. When there are more applicants than can be accom- Applicants 
 modated, they shall be apportioned among the several counties, j^^nioned." 
 according to representative population. Number of 
 
 §1165. Unless the funds will otherwise permit, there shall P.'Jj:^^;^'^"- 
 hereafter be but one indigent pupil from the counties applying, [and* *"* 
 
PT. 1.— TIT. lL>.— Edlcatiox. 
 
 Chapter 3. — Academy for the Blind. 
 
 and in case there are not means enough to receive one from every 
 connty applying, those sliall he received first wlio first make ap- 
 
 g plication. A beneficiary shall not remain at the charge of the 
 
 institution longer than four years. 
 
 Pay pupils 81166. All others than the indiii-ent are to be received upon 
 
 — now re- '^ ^ ■"- 
 
 ceived. sucli tcmis as the trustees may impose. 
 
 Treasurer ^1167. Tlic Treasurer of the iioard shall give 1)ond and secu- 
 
 must give . '' . , ,, i , inn 
 
 Loud. I'lty m tlie sum oi tliree thousand dollars. 
 
 Trustees ^1168. The trustccs uiust uialvC auuual rciiorts to the Gover- 
 
 must report ... . > . . t 
 
 to Governor, nor, as is rccpiired of the Board of Inspectors of the Military In- 
 stitute, so tar as applicalile to the affairs of the Academy for the 
 Blind, and the Governor must make a like disposition of them. 
 
 Board of § 1169. The Governor shall appoint a Board of ten Visitors for 
 
 said academy, who shall meet the Board of Trustees at the acad- 
 emy annually, at such time as the latter may designate. 
 
 Visitors. 
 
 Powers and §1170. The powers aud dutics of Said visitors are tlic same as 
 
 duty of vis- ox 
 
 itors. those appointed for the Military Institute, and the same disposi- 
 
 tion is to be made of their report. 
 Vacancy in §1171. The trustccs fill vacaucics in their own body, as do the 
 Trustees— trustecs of tlic Georgia Fniversity. When a vacancy occurs and 
 pi^Id!"'^ is filled, it must be reported to the (xovernor. Their ineligibility 
 
 is likewise the same as of those last mentioned, 
 statistics of §1172. The Tax Beceiver of each countvmust keep a column 
 
 blind — how . ,. i t t n i i 
 
 obtained, lor, and rcccive the numljers oi tlie l)lind between the ages oi 
 seven and twenty-five ; a statement of which shall be obtained 
 annually, by said Board of Trustees, from the Comptroller Gen- 
 eral's office. Before the digest is sent by the Tax Beceiver to the 
 Comptroller, the Ordinary of each county shall examine with 
 such Receiver, his list of the blind, and correct by memoranda 
 thereto attached any mistake. 
 
 List of indi- § 1173. The Ordinary shall also take down the names of such 
 as are indigent, and procure their admission into the Asylum, if 
 possible, and if from any cause they are not received, he shall re- 
 port to the Board of Trustees the names, ages and sex of such, 
 w^ho sliall keep a record of all such rei)orts. 
 
 §117'±. Section 1135 (as to laws kept in force,) applies to the 
 Asylum for the Blind. 
 
PT. I.-TIT. l-.-Kl.i:( ATIOX. 
 f'liaptor L — Academy for t)ic Deaf and Dtinili 
 
 225 
 
 CirAPTETJ lY. 
 
 ACADKMV L-OK TIIK I'KAK AXK IXMiJ. 
 
 ^t<-~iios. 8kcti().\. 
 1 17.-.. I^CMted at Ciivo Sprii.- 1]80. Visitors may be appointed. 
 
 I17G. Trustees— ]iow ai.poiiite<l. .U-. IIM]. Contraets— Imw made. 
 
 1177. The Princii)al— how appointed. 1 182. \acancy— Jjow filled. 
 
 1178. OlJior officers— how appointed, Ac. ll-<:!. Chapter .':.ofthistitleapply—ulKMi. 
 
 1 1 79. E.veliisive poAvi r, Ac. of Princ-ipal. 
 
 § 1 175. The neadeniy for the education of tliccleuf and dnnil) is .u-.-vd.u.yi«r 
 h.cated AX Ciive SpHn-, and is under the nianao-onient of tlireclumr' 
 t rustees. 
 
 § UTC. The ti-u.-^tee.- need not re.^ide in tlie eountv ^here the Uesidcnce of 
 institution is located, but the ]*nii(.ipal shall he required to re- """""■'■ 
 >ide in the institution. 
 
 j^ 1 177. The Principal of said Institution is elected hv said Doard Principal- 
 .>f Trustees. He is res].oiisil,le to them, and his acts sulnect to-"towho^ 
 their veto. ' nsponstbic. 
 
 §117S. Said J^-incipal has authoritv to nominate all his suhor- s„i.ordin.ate 
 dinate otticers and employees, subject to the approval of the Board. SSons, 
 He shall make all reo-ulations of internal police; shall authorize*'" 
 all ])nrchases of ordinary supplies, and examine and certify to the 
 '•orrectjiess of bills of such supplies before paid by the Treasurer. 
 
 § 1171'. I le shall be the sole medium of communication betM-een Exclusive 
 the Board an<l the subordinate officers and employees of the in-EsT' 
 stitution, and shall have the exclusive direction and contr..l of the "'"■'"''''"'■ 
 system of reliijious and intellectnal instruction. 
 
 § 1 kso. The Governor may, in his discretion, appoint a Hoard of I'.oardor 
 Visitors, to consist of such a number as he thinks best, and when ^ ' "" 
 appointed, their ri_o-hts and duties are the same as those of the 
 \i8itors of the Academy of the Blind. 
 
 § 118J. Xo contract of said Board of Trustees shall be valid un- ^„„.,,,._ 
 less It is first recorded by the Secretary in a book kept for thatSr"^' 
 purpose, ^i,<,^le<l by tlie President and countersi^ijned bv said Sec- 
 retary. 
 
 § 1182. AVhen a \ acancy occurs in said Board, the Secretarv or v.-.-nuv m 
 any member, shall notify the Goveruor Mdthin twentv davs, and n-rt'oeil 
 the vacancy must be tilled within thirty days from said notice. '""^' ""'"''• 
 
 §1183. All the provisions of the precedino; chapter, not in eon- i-rovision.s 
 Hict with the preceding sections of tliis chapter, apply to the Acad- "hl^u;'?.;: 
 emy for the ])eaf and I)nn,b_to its Board of Trustees and Visi- """""'• 
 U 
 
 Visitors. 
 
 " Oonlracts — 
 
226 Jr-T. 1.— TIT. 12.— Education. 
 
 Chapter 4. — Academy for the Deaf and Dumb. 
 
 tors — its officers, and other officers of the State or county upon 
 whom any duty is enjoined ; the words deaf and dumb being sub- 
 stituted wherever the words " the blind," occur. 
 
 CHAPTEK V. 
 
 COUNTY ACADEMIES. 
 
 Skctiox. ■ Section'. 
 
 1184. Trustees of County Academy. I 1187. School — how incorporated. 
 
 1185. Vacancies — ^how filled. 1188. Liability of holder of funds. 
 
 1186. Authority of Trustees. I 
 
 Trustees of §1184. Whcu it is uot Otherwise provided for, the Justices of 
 d^^es- '"^' the Inferior Court of the several counties have the power to ap- 
 po^ttd". point trustees for any county Academy, whether incorporated or 
 
 not, and to any number they may deem expedient. 
 Vacancies- § 1185. Whcu vacaucics occur, and provision is not made as 
 to the manner in which said A^acancies are to be jfilled, such Jus- 
 tices have power to fill the same in their respective counties. 
 
 Authority of §1186. The authority of said Trustees, unless specially re- 
 trustees. .,. T ,. 1 ,-.1- 1> li* .^ 
 
 stricted, is to elect their teachers, nx their salaries and terms oi 
 office, prescribe the course of studies, manage the finances, adopt 
 all such rules and regulations for the government of their re- 
 spective institutions, as they may think prudent, if not in conflict 
 with the laws. 
 Schools— § 1187. x\ny body of citizens, not less than three, nor more 
 porated.°^ tliaii thirteen, may by application in \vriting to the Justices of 
 the Inferior Court of their respective counties in term time, ob- 
 tain the power to act as a corporate body in the conduct of any 
 Academy, Institute or School l\y having all the powers of the 
 same distinctly set forth, recorded under order of the Court and 
 published three times in any public gazette within this State. 
 Liability of 8 1188. Anv person holdino; Academy funds and failing to pay 
 
 holders of ^ -,1 T 1 1 . n 
 
 Academy ovcr wlicn bouud, are liable to twenty per cent, interest irom 
 time of demand, and to be proceeded against by the Justices ot 
 the Inferior Court as against holders of county funds. 
 
PT. 1.— TIT. 12.— CHAP. 6.— Education. 397 
 
 Article 1. — Educational Fund of the State — how made up. 
 
 CHAPTEE VI. 
 
 COMMON SCHOOLS AND EDUCATION OF TUK POOR. 
 
 Article 1. Educational Fund of the State — how made up. 
 Article 2. Educational Fund — how paid out by the State. 
 Article 3. Educational Fund of the counties — how made up. 
 Article 4. Educational Fund of counties — by whom manaajed. 
 AKn< i.E 5. Tlie Beneficiaries of the Educational Fund. 
 
 ARTICLE I. 
 
 TTIE EDUCATIONAL FUND OF THE STATE— HOW MADE UP. 
 
 Section'. Section'. 
 
 1189. From dividends on r>ank Stock. 1102. From donations. 
 
 1190. Proceeds of W. &■ A. R. R. 119;j. Such donations — how managed. 
 
 1191. Bahmccs in tlie Treasury. 1194. P^amings of W. .t A. R. R.. &c. 
 
 § 1189. The Educational Fund of tlie State is made uj) — Educationiii 
 1. Of the dividends upon the capital stock of the State in the dhwend^on 
 
 Bank of the State of Georo-ia, the Bank of Augusta, and the "°'''" 
 
 •Georgia Ivailroad and Banking Company. 
 
 ^1190. From the net earnings, of the Western c^- Atlantic From the 
 
 Railroad, to be nuinaged and disposed of as follows: otw «fcA. 
 
 1. One hundred tliousand dollars of said net earnings stand 
 iinnually appropriated for such puq^ose, and all to remain with 
 the State Treasurer until the Governor draws his warrant for the 
 same, oi* any part thereof. 
 
 2. In addition to said sum of money the whole of the net 
 earning of said road is set apart as an Educational Fund to take 
 effect in the following manner : 
 
 As any ]wrtion of the present public debt is paid under the 
 existing law from said earnings, the Treasurer shall issue script 
 ■or Education Bonds certifying the amount, and that it is entitled 
 to draw interest thereon from tlie treasury at the rate of six per 
 cent, per annum. 
 
 3. For any balance of said one liundrcd thousand dollars, that 
 may not be drawn from the treasury at the close of each educa- 
 tional year, the Treasurer shall issue a like certificate for said 
 amount. 
 
 4. Said script shall be in favor of the Secretary of State, as 
 trustee of the Educational Fund, which together with the script 
 
228 
 
 FT. 1.— TIT. 1L>.— CILVr. ('..—Education. 
 Article 1. — pAliicalional Fund of tlie State — how made up. 
 
 for Bank Btock pliall remain on deposit in the treasury to the- 
 credit of the Educational Ennd. Tlie Treasurer sliall issue to- 
 said Secretary, from time to time, certificates of said deposits. 
 
 ."). \i\\ amount of money tliat may at the time this Code goes 
 into etfect he loaned out, or on deposit under the act of Decem- 
 her llth. I85S, shall he returned to tlie treasury, and appro- 
 ])riated tt» takinii; up that amount of the ]ml)lic deht under the- 
 ]»royisions of this section. 
 
 ('.. The Educational Euud thus raised shall he sulrject to ap- 
 propriation l»y the General Assemhly to any educational pur])ose 
 in this State. 
 
 i^ll91. Erom any halance that may l)e in the State Treasury 
 
 iiiilancos ill 
 
 Donations. 
 
 Donations 
 for Educa- 
 tion — how 
 nianBjed. 
 
 easry. ^^^ the time of distrilniting the Educational Eund, oyer and ahoye 
 the expenses, ordinary and extraordinary, of the State Goyern- 
 ment for the then political year. If said balance is not drawn 
 (Hit, scrip lor it is to he issued and used as set forth in ]>receding 
 jiaragraph. 
 
 §1192. Erom any money donated hy will, deed or ntherwise' 
 for such purpose. 
 
 §1198. In the case named in the preceding section, it is the 
 duty of the Goyernor — 
 
 1. T'pon a tender of the suni so given or he(pieathed in cash, 
 to haye the same deposited in the State Treasury, and the State- 
 shall thereby become pledged for the payment of said sum ac- 
 cording to the terms of the donation, and if thereby the interest 
 alone is to be used, said intei'cst shall l)e paid at the rate of six 
 per cent, per annum. 
 
 2. To issue scrip, or educational l)Oiids therefor, to the person 
 named as trustee, and if none is named, then to the State's trus- 
 tee of the Educational Fund. 
 
 o. The interest to be payable in the same nuumer, and the 
 fund to 1)6 managed as said Educational Fund, unless a different 
 mode is prescribed by the donor, then according to said mode, if 
 possible to be done. In no case, under the above provision, shall 
 the State be liable to refund the principal thus ])aid into the 
 Treasury. 
 i:aininj;9 of §119-1:. The appropriations of the net earnings <»f the State- 
 may V"(ii--Koad, iiud of tlic balanccs in the Treasury, may be discontinued 
 vertod. y^^_^ ^^^^ State, in M-hole or in part, by act f>f tlu^, (icneral Assem- 
 bly. 
 
FT. 1.— TIT. U>.— CHAP. «.— Ei»l-catk>x. ^ 
 
 Article 2. — Educational Fund — how y)aid out by the State. 
 
 ARTICLE II. 
 
 THK Klir(".\TI(>XAr, FrXD— now I'AIli orr v.v thk st.mk. 
 
 ■ -Section. SiocTrox. 
 
 J 105. A list nf c'liildrci). Ao. 1 l!is. (V>ii„ty ndliiiir to make rolurns. 
 
 119«. Funds— how apiM-opriaUMl. l lort. Penalty for falw return. 
 
 1107. "Warnuit for School Fund. 
 
 §U{»:.. Tilt' Ordinary of eacli coimtv sliall anmiallv, hv thent.r,-.^ 
 tlnrd Monday m ^uvember. report to the (Tovernor, under lii^Siir^Jir 
 hand and geal, tlie wliole nunihei- f»t' chihhvn in liis county, asas- 
 
 ■ certained from tlie Tax lieceiver's digest, liis own knoAvledire and 
 tlie knowledge of tlie Grand Jury, as herehiafter set forth.' 
 
 §11M(;. As soon as that is done, the Governor shall, on that Kanci.-,-iK.w 
 •day. make an e.stimate of the amount of the Educational Fund in '''^"'""'"' 
 the Treasury, and of the number of children in each county, and 
 niake :ij>ro rata division of tlie same anumg the difterent coun- 
 ties, according to the number reported from each. 
 
 ^1197. For the amount each county is entitled to, he shall Warrant for 
 draw his warrant on the Treasury in favor of the several Ordi -'""*""*'""' 
 naries for theii- respective amounts. The Treasurer shall pav 
 the same to each Ordinary, or his order, taking a receii.t for the 
 same. If tlie Ordinary is )u>t Treasurer of the Board of Educa- 
 tion, the warrant must be in favor of said Treasurer, and the Or- 
 dinary, in his report, must certifv who is such Treasurer. 
 
 §1U<S. If any county neglects to present a proper return Jto Fund lo^tbr 
 the GovcDinr by the time prescribed, it loses its share in theS'rer„rn. 
 fund. 
 
 §111U'. If any Ordinary certifies to the Governor a greater ''enaityfor- 
 uumber of children than he is authorized to, he is guilty k mal- 1™°""" 
 practice in office, aiul may l)e indicted, and, if found guiltv, nuiv 
 be fined and imprisojied in the discretion of the court. 
 
 oxccssivc re- 
 
 ARTICLE III. 
 
 TKr K.nrCATK.XAl, FUXH OF TIIK COrNTIKS— ifOW MADK Vl\ 
 
 •Sectio.v. jSectfox. 
 
 1200. School Fund of tin- county. i 120^{. Wants of county to be re-ardod. 
 
 1201. Tax for education— how levied. ! 1204. School Fund— to whom paid 
 
 1202. When Grand Jurv fail. .tc. 
 
230 PT. 1.— TIT. 12.— CHAP. 0.— Education. 
 
 Article 3. — Educational Fund of the Counties — how made up. 
 
 School Fund § 1200. The Educational Fund of the respective counties of this 
 
 of connties — r, • ^ 
 
 how made btatC IS lUadC Up 01 
 
 1. The share of tlie State Fund Avliich mav he distrihuted to- 
 
 np 
 
 each. 
 
 2. The amount raised by taxation for such purpose. 
 .'3. The money arising from the sale of any escheated property.. 
 4. The money arising from fines and forfeitures over and above- 
 the charges upon it, and from the result of qui tarn, actions, 
 where the whole or one-half goes to the State or county, and is,. 
 . by special enactment, directed to be ])aid to the Educational 
 Fund. 
 Tax for Ed- § 1201. Tlic Justiccs of the Inferior Court of the several coun- 
 ?e%ed. ties have authority, upon the recommendation of the Grand 
 Jury, to levy a tax upon the State tax, for educational purposes^ 
 of such per cent, as said Jury may recommend. 
 Tax— how § 1202. If the Grand Jury, at the time they must recommend 
 Grand ju^ tlie general county tax, fail to take any action in reference to- 
 fc^men'ir sucli tax, or if difi'erent Grand Juries of the same term, differ- 
 ently recommend, said Justices may, in their discretion, levy 
 a tax for such purpose, not to exceed twenty-five per cent, upon 
 the State tax. If such Grand Juries recommend a difterent per 
 cent., said Justices may levy the medium between the tw*_) ex- 
 tremes. 
 Want* of §1203. When the levy of said tax is entirely in the discretion 
 I^edin^ie-of said Justiccs, they shall consult the other members of the 
 ▼ying X. ]gQg^j,j (-^|.' Efi^K^-ation, to ascertain the wants of the county before 
 
 doing so. 
 School Fund § 1204. All moueys from all said sources are to be paid, when 
 i^id.^"'" collected by the proper officers, to the Ordinary, if Treasurer of 
 the Scliool Fund of the county : if not, to said Treasurer. 
 
 AETICLE IV. 
 
 now THK EDUCATIONAL FUND OF EACH COUNTY IS MANAGED. 
 
 Sectiox. '< Section. 
 
 1205. For each county. Ac. 1212. Com. schools may be established. 
 
 120C. Board of Education — their duty. 1213. Board failing to devise a plan. 
 
 1207. Course of study pre.scribed. 1214. Ordinary must give bond as Treas. 
 
 1208. Teachers must be examined. ; 1215. Additional bond may be re<iuired. 
 
 1209. How paid. ! 1216. Treasurer ftiiling to pay, &c. 
 
 1210. Previous accounts may be paid. | 1217. Secretary of Board — who shall l>e.. 
 J 2 1 1 . Teachers' necovmts, — how made out. i 1218. Ordinary must I'oport to Governor. 
 
PT. 1.— TIT. 12.— CHAP. 6.— Education. 231 
 
 Article 4. — The Educational Fund of the Counties — by wJiom managed. 
 
 §1205. The Educational Fund of each county is under the Board of Ed- 
 inanagement of a Board of Education, Avhich board is to consist wo^n- 
 (»f the Justices of the Inferior Court, the Ordinary and some'"'" 
 other qualified citizen, to be selected by the Judge of the Supe- 
 rior Court, presiding in said county. The person so selected 
 liolds the position for the term of four years, unless a vacancy oc- 
 curs from any cause. The appointment and the tilling of any 
 vacancy by the said Judge, shall be entered on the minutes of 
 the Superior Court. The person appointed to till a vacancy 
 shall hold for a full term, 
 
 §1206. It is the duty of said board — Duty of 
 
 1. To disburse the School Fund, for their respective counties, Ed^TcaooD. 
 in the manner that in their judgment will best promote the cause 
 
 <.»f general education under the law. 
 
 2. To act by themselves, or a committee as a Board of Exam- 
 iners, and examine all teachers, who participate in the School 
 Funds, upon the elementary branches, and also upon P]nglish 
 grammar and geography, if the teacher applying shall desire, 
 and to give said teachers the proper certificates of their qualifi- 
 cation. 
 
 o. To })ublish, annually, the school system they may adopt, 
 including the rates of tuition, in the public gazette, Avhere their 
 respective Sherifts publish their sales, together with their recei])ts 
 from ditferent sources, and the items of expenditure. 
 
 4. To meet once a month at the court-house, on the day the 
 (^ourt of Ordinary is held, and as often as may be necessary 
 when called by either member of the l)oard. 
 
 §1207. By the term elementary branches is meant spellin<>;, wiiat 
 
 - . ". . , . , ' i"" branches 
 
 reading, writing and arithmetic, but children entitled to the beneficiary 
 benefit of the School l^'und may study English grammar and ge- 
 ography, or any other study, provided the tuition does not then, 
 nor in any other contingency, exceed the rates of sixteen dollars 
 per annum. Fiider said i^ermission, such children, who may be 
 well educated in said branches mentioned, may, by special per- 
 mission of the board, study exclusively at the same rates of tui- 
 tion higher branches of utility, with any teacher competent to in- 
 struct them. 
 
 §1208. A teacher claiming jtay out of the scliool fund shall Cerufirate 
 not be entitled thereto for any teaching done prior to his exami- 
 nation before the Board of Education. When a majority of the 
 board know of the comitetencv oi' a teacher, thev mav i^ive him 
 
232 PT. 1.— TIT. 12.— CHAP, i;.— Education. 
 
 Article 4. — The Educational Fund of the Couuties — by whom managed. 
 
 the certificate without exaniiniition. Teachers shall be examined 
 or receive the certificate wlienever they apply. 
 Teachers— JiJ 1209. Tcachers must be paid (luarterlv bv tlie Treasurer, 
 
 ■how paid. i i . j. i ■ . 
 
 Avlien their accounts are passed by the l>oard, provided tliere are 
 funds; if iusufficient funds, then all of equal diii'nity are to be 
 paid j>/v> i'(if((. If, at the close of tlio year, the scliool fund is not 
 sufiicient to pay all the teacliers' accounts, duly passed, said ac- 
 counts must be first paid, out of the funds raised for the next 
 year. The rates of tuition slioidd l>e so fixed by the Board of 
 Education as to give all tlie cliildrcn the benefit of the fund an- 
 nually, who have the right of particii>ation. Teachers who do 
 not have theii- accounts passed on by tlie first of January, annu- 
 ally, are postponed in their payment until tlie next year, unless 
 there is a surplus fund. All teacliers accounts for the year, and 
 passed in the year, are of etpuil dignity, without regard to the 
 time wlien the teaching was done. 
 Acfounts lor §1210, Whenever the state of the funds M-ill warrant it, per- 
 years may SOUS wlio liave, in good faith, taught poor children, prior to twen- 
 when. ty-first December, 1859, and have not been paid, shall haVe their 
 accounts i)assed by the Board of Education, and shall rank as of 
 the year Avhen so passed, but in no other case shall a teacher be 
 paid, who has not the })ro})er certificate. T^'o-thirds of the 
 I>oard of Education may, however, order an account j)aid when 
 the neglect to return is satisfactorily explained. The Legislature 
 shall not interfere in such cases. Children ^\'ho reside in one 
 bepaidi)y couuty, aiid go to scliool iu another are to l)e paid for out of the 
 whSh^cWid fund of the county of their residence; J*rom(led, the teacher 
 claiming tlie pay has a certificate from the Board of Education 
 of the county Avhere he teaches. 
 Teachers ac- 5^1211. All teacliei's' accouuts sliall state the number of dav> 
 
 counts— how 1 1 .1 1 11 T 111 /• "• 
 
 made out. eacli child was taught, the studies pursued, and the rate oi tui- 
 tion claimed, whicli shall be sworn to. 
 Common ^ 1212. Wlicii tlic Educatioual Fund of a county, and the state 
 
 be establish- of the population, will warrant it, the Board of Education of 
 eacli county have authority to establish a common school, or 
 schools, to name and limit the number of scholars, and fix the 
 salary of teachers ; Provifled^ all the chikb'en of the county en- 
 titled to share the Educational Fund are provided for, or there 
 are means reserved for that ])urpose. 
 
 §1213. If the Board of Education fail \o devi.-;e any plan of 
 
PT. 1.— TIT. 12.— CHAP. (;.— Eduoatiox. 233 
 
 Article 4. — Tlie Educational Fund of the Counties — by whom managed. 
 
 -education, the laws of force prior to December 13tli. 1859. are what iaw» 
 
 ffovern in 
 
 contmuecl in f»>rco. absent of 
 
 plan. 
 
 >J 121-1. If tlie Ordinary of each conntv ssliall tail to ijivc rhe ordinary 
 l)ond required of bini as Treasurer of tlie Board of Education, bond as 
 said board has power to select sonic other responsible ]>erson to Treasurer. 
 act as sucli. who shall give the requisite bond and security. 
 
 S 1215. The board niav require of the Treasurer of the School Arumionai 
 
 _ _ ■ ^ _ _ bond may ba 
 
 Fund an additional bond, on the terms required bv the Justices reiuired. 
 •of the Inferior Courts of otlicr officers. 
 
 §1216. If sucli Treasurer !»hall fail tu pay out any School I'roeeeding 
 Fund. a> reciuired bv law, on knowledire of such failure comino" Treasurer 
 
 11 11 I 11 • 1 • • • 1 • • ' ' lor failure to 
 
 to tiie Ixtard tlicy shall issue a rule /i/s/ a^xamst liini, requiring pay- 
 him to sip}>ear before them within ten days, to show cause for 
 such failure, and upon failing t(» s1k»w good cause, the board shall 
 order the Clerk of the Inferior Court to issue execution against 
 him and his sureties; said execution shall be directed to all and 
 singular the Sheriffs of the State, and shall have the form and 
 effect of a ta.x,^'. /(/. issued by the Justices of the Inferior Court, 
 and said ^p. fa. shall claim twenty ]>er cent, per annum interest 
 from time of default. 
 
 j^l217. The Clerk of the Inferior Court shall be Secretary of secretary of 
 the Board of Education, in the absence of the ( )rdinarv or his Kdueati'>n 
 • clerk, or when either is interested. 
 
 §121N. The Ordinarv shall furnish the Govenior unv informa- ordinary 
 
 1 1 • "^1 • 1 1 -1 • • i must report. 
 
 tion iie may desire, touching the plan ot education m the county, tooovemoi-. 
 and the number of children pursuing different studies, and shall 
 anniudly. at the close of the educational year, report to the Gov- 
 ernor what balance, if any, there is of the Educational Fund, 
 and what amount was raised by the cvMuity from other sources 
 than the State. 
 
 ARTICLE Y. 
 
 TllK HKXKKK'I.VIUKS OF THE EDUCATIOXAL FUXn. 
 
 .Section. Sectiox. 
 
 1219. Persons entitled to School Fund. 12'21. List \\va\ Ih> corrected. 
 
 1220. TTow ascertaiiu'il and l)v whom. 
 
 § 1210. All children between the ages of six tmd eighteen years, iimV"*^' 
 within their resi)ective counties, are entitled to the benetits of ^"^ ^ 
 said fund, under the system that may be adopted by the respec- 
 
234 PT. 1.— TIT. 12.— CHAP. 0.— EnrcATioK. 
 
 Article 5. — The Beneficiaries of the Educational Fund. 
 
 tive Boards of Education, but cliildren of parents who are una- 
 ble to educate tbeni, children discarded by their parents, and in- 
 digent orphan children, must iirst be provided for. 
 Poorchii- ^1220. Such last mentioned cliildren must l>e ascertained as 
 
 dren — ^how , ,, 
 ascertsinod. lollows — 
 
 1. The Receiver of tax returns of each county shall require of 
 each tax payer, when giving his tax returns, to state, under oath, 
 the number of his children and children under his care, between 
 tlie ages of six and eighteen years. 
 
 2. As soon as the digest is compiled, the Ordinary shall select 
 from the whole number the names of those who, from the pov- 
 erty of their j^arents, or otherwise, have not the means of being 
 educated, and shall add thereto such as are in the same condition 
 within his knowledge, who have not been returned. 
 
 3. The list returned by the Tax Eeceivei-, together with the 
 (Jrdinary's selection therefrom, shall be reported to any panel of 
 Grand .furors at the first Court held thereafter, and said Grand 
 Jury shall examine said list, and ratify the Ordinary's selection 
 in whole, or correct it according to their. best judgment, and may 
 also add to the lists such as they knoAv have not l)een returned 
 to them. 
 
 ■i. If the Grand Jury at said Term fail to take definite action, 
 the list of the Ordinary shall stand. 
 
 5. When the list is finally made up, it shall be returned to the 
 Board of Education, and be entered in the proper book 1)}' the 
 Ordinary. 
 
 6. Any person may, from time to time^ report to said board 
 the names of any poor children, not already reported, which, by 
 (:»rder thereof, shall be added to the list. 
 
 ijst may be § 1221. If the boarcl is satisfied by proof that any children are 
 forreeted. ^^^^ ^j^^ jj^^ ^^1^^ ^^.^ ^^^^ entitled to be there, they have power to 
 
 have them erased at any time, and to inform any teacher, or other 
 })erson interested in their action ; Provided^ the system of edu- 
 cation they may have adopted renders it necessary. 
 
PT. 1. — TIT. 13. — Elections by the People. 23& 
 
 Chapter 1. — Qualification of Voters. 
 
 TITLE XIII. 
 
 ELECTIONS BY THE PEOPLE. 
 
 CHAPTER I. 
 
 QUALIFICATIOX OF VOTERS. 
 
 Section'. i Section". 
 
 1222. Who may vote for Legislators. i 1225. Oath of voter out of liis county. 
 
 1223. Voters for other ofiScers. 1 1226. Additional oath may be required. 
 
 1224. When one may vote out of countj-. i 1227. Transferred voters. 
 
 §1222. The qualification of voters for members of the Grener- Q"^iiflcation 
 al Assembly, is contained in the following oath, M-hich mnst he members of 
 taken when any (|ualified voter of the State, or the managers of 
 an election, require it: — 
 
 '' I swear that I have attained to the age of twenty-one years, Voters o.-.th. 
 that I am a citizen of the Confederate States, and liave usually 
 resided in this county for the last six months, have considered 
 and claimed it as my home, and have paid all legal taxes which 
 have been required of me, and which I have had an opportunity 
 of paying, according to law. So help me God." 
 
 §1223. Persons qualified to vote for members of the General ^"rs^ifilr 
 Assembly, and none others, are qualified to vote for any other oTiicr offi" 
 ofticers, civil or military, unless said privilege he enlarged or re- 
 stricted by the constitution, ov some special enactment. 
 
 §1224. Any qualified voter for members of the General As- J^^'J^^JJ^,'^^^'^- 
 sembly may vote for any candidate, or upon any question which ^.'^'^^^^^^^^J 
 is submitted to all the voters of the State, in any county of the or^'m^trict"' 
 State, and for any candidate or question which is submitted to 
 all the voters of any district or circuit, in any county of the cir- 
 cuit, or distri(;t, in which is embraced the county of the voter's 
 residence. 
 
 § 1225. A voter, coming under the preceding section, may be u,"^'^r"(agt'^'" 
 required to take the same oath as voters for members of the Gen- ^'^*""""- 
 eral Assembly, except, that instead of swearing to a residence in 
 the county where voting for the last six months, he shall swear 
 in lieu thereof, that he has usually resided for the last six montlis 
 in the State, circuit or district as the case may be. suporin- 
 
 § 1226. The superintendents may in their discretion, or if de- nt"y^r"quirc 
 manded by a qualified voter, compel a person offering to vote, to o"th denyinK 
 
 T . 1 \ • I ' having voleS 
 
 also take tins oatli : bifon'. 
 
336 PT. 1.— TIT. 13.— ELEonoxs by the People. 
 
 Chapter I. — Qualification of Voters. 
 
 •' I swear, that I have not this day voted at any election lield 
 
 at any place in this State tV>r any of the candidates, nor for any 
 
 other person for any of the offices to he "filled. So help me God." 
 
 voterstrans- §1227. When any countv, or portion of a countv, is changed 
 
 one district, from oMc conntv, or one district, or one circuit to anotlier, the 
 
 •■ounty or •-■ ■ ' 
 
 .ircnitto pcrsons "wlio Avould liavc heen (inalified to vote for niemhers of 
 
 nnothcr to -t 1 
 
 J?*^^^^^i''JJ.*"t]ie General Assemhly in the county, district or circuit, from 
 ■\vliich taken, at the time of any election, shall vote in the county, 
 district or circuit to which they are removed, and if required to 
 :^\vear, the oath may he so qualified as to contain this fact. Tliis 
 provision when applicahle. appertains also to military elections. 
 
 CirAPTEE II. 
 
 KLHCTION FOil MKMUKRS OF Till'] (iKNERAL ASSl'lMBLV. 
 
 Section. Section'. 
 
 1128. Holdei-Hi of elections for Leiiishitors.j 1235. Penalty against Superintendents. 
 
 1220. Oath of Superintendents. ' ]2,'56. Grand Jury to e.xamine lists. 
 
 1230. Before whom taken. 12;'.7. Election blanks — how furnished. 
 
 1231. Election Precincts. 1238. Misconduct of managers. 
 
 1232. Time of liolding elections. \ 123!1. Voters exempt from civil process. 
 
 1233. When freeholders may superintend. 1240. Vacancies for Legislature. 
 
 1234. Klection.s — how conducted. 1241. Special elections — how conducted. 
 
 tiuperin- ,§ 1228, The persons qualitied to hold such elections are Justi- 
 
 eiections for ces of the Inferior Court, Justices of the Peace and Freeholders. 
 theLegi'sia- Tlicrc uiust he three superintendents, and one must either he a 
 Justice of the Inferior Court, or a Justice of the Peace, except 
 in a certain contingency hereinafter to be set forth, 
 supcrin- § 1229, Before proceeding with the election, each suj)erinteiul- 
 
 take^oariu" But must take and subscribe the following oath : 
 
 '' All, and each of us do swear, that we will faithfully superin- 
 tend this day's election ; that we are Justices of the Inferior Court, 
 Justices of the Peace, or Freeholders, (as the (-ase may be,) of 
 this county ; that we will make a just and true return thereof, 
 and not knowingly [)erinit any one tt> vote unless we believe 
 he is entitled to do so according to the laws of this State, nor 
 knowingly prohibit any one from voting who is so entitled by 
 law, and will not divulge for whom any vote was cast, unless call- 
 ed on under the law to do so. So help me God." Said affidavit 
 shall be signed by the superintendents in the capacity, each acts 
 in full, both as to name and station, and not bv abbreviation. 
 
PT. 1. — TIT. 13. — Elections by the People. 237 
 
 Ohay)ter 2. — Elections for Monibere of the General Assembly. 
 
 § 1230. Said oath shall be taken before some officer qualified to <^ath of su- 
 Hdminister an oatli it present, and it none such are on tlie spot. —i>if ore 
 
 T . 1 • • 1 1 -1 • M horn taken. 
 
 and aetino- at the time rei^uired, tlien said superintendents niav 
 swear each other, and the oath shall be of the same eti'ect as if 
 taken before a <|ualitied officer. 
 
 §1231. Sucli election shall be held at the coui-t houses of the nnro> of 
 respective counties, and it no court Jiousc, at some })lace Avithintion. 
 the limits of tlie couiitv site, and at the several election precincts „ 
 
 J- iJiit oui' inv- 
 
 thereof (if any) establiaeed, (»r to l)c established. Said precincts ''?,<;■'> -'."y 
 
 1 luilitia <lis- 
 
 must not exceed one in each militia district. Such precincts are *"*'*• 
 established, chano-ed or abolisjicd bv tlic .lustices of the Inferior '.^'"'^'■'"^''f'. 
 Court at a regular Term of the (\nirt ; descriptions of Avliicli must ^ s ^ 
 
 be entered on their minutes at the time. i '^' : <^ 
 
 §1282. The day of holding the same, is the lirst Wednesday K.io.tioii.s ^ - ^- ^ 
 in October, ISOl, and biennaily thereafter, and the time of daytha"dayr' 
 for keeping open the elections is from seven o'clock, A. M., to sixilo\""^t(ri!'>^ 
 o'clock, P. M., at the court house, and from eiirht o'clock, A. 1\[.,^'^^''' . -^ 
 
 to five o'clock, P. M., at the precincts. V?* 
 
 §1233. If l)y ten o'clock, A. M,. on the day of tlie election, t,,,,,,. jvet- 
 there is no i)roper officer present to hold the election, or there is s^eHntcn"? 
 one, and he refuses, three Freeholders may superintend the elec- '^^''■'"''""' 
 tion, and shall administer the oath required to each other, which 
 shall be of the same eii'ect as if taken by a (pialified officer. 
 
 §1234. All superintendents shall have such electi(»ns conduct- Manihi- ot 
 ed in the following manner: riln'tion""" 
 
 1. The vote shall l»e given l)y ballot. V(.u- i.y k-iI- 
 
 2. There shall l)e kept by tlie superintendents, or l>y three jVto,>,.„t,.,.j. 
 clerks under their api)ointnient, three lists of the names of voters, "Jj^,.^',",;, ,,.. 
 which shall be numbered in the order of their voting, and also""'^"' 
 three tally sheets. 
 
 3. As each ballot is received, the luimher of the voter on the v, „„,„,, ^r 
 list shall be marked on his ballot before being de])osited in the'"'"' 
 
 1)0X. 
 
 4. When any voter is challenged and sworn, it shall be so votir .hai- 
 written opposite his name on the list, and also on liis ballot. '''"^'''"" 
 
 o. The superintendents may begin to count the votes at any v..t«s m.t t.. 
 
 time in their discretion, but thev shall not do so until the polls.'amiidatr 
 
 . . . . " iiiiioctf. 
 
 are closed if a candidate in jierson or by written authoi-itv ob- 
 jects. 
 
 0, When the v<»tes are all counted out, there must be a certiti-oertin.ateui 
 cate signed by all of tlie Miperintendents, stating the number of elltT'"" "''" 
 
238 
 
 PT. 1.— TIT. 13.— Elections by the People. 
 
 Chapter 2. — Elections for Members of the General Assembly. 
 
 Certificates, 
 Ac, to be 
 carried to 
 the countj- 
 site. 
 
 "Who are to 
 consolidate 
 the vote — 
 their duty. 
 
 votes each person voted for received, and each list of voters, and 
 tally sheet, must have placed thereon the signature of the super- 
 intendents. 
 
 7. The superintendents of the precincts must send their certiti- 
 cates, and all the other papers of the election, including the bal- 
 lots, under the seal, to the county site for consolidation, in charge 
 of one of their number, which must be delivered there by twelve 
 o'clock, M., of the next day. Such person is allowed two dol- 
 lars to be paid out of the County Treasury for such service. 
 
 S. The superintendents to consolidate the vote of the county 
 must consist of all those who officiated at the county site, or a 
 majority of them, at least one from each precinct. They shall 
 make and subscribe two certiiicates, stating the whole number of 
 votes each person received in the county ; one of them, together 
 with one list of voters and one tally sheet from each place of 
 holding the election, shall be sealed up, and without delay mail- 
 ed to the Governor ; the other with like accompaniments, shall 
 be directed to the Clerk of the Superior Court of the county, and 
 by him deposited in his office. Each of said returns must con- 
 tain copies of the original oaths taken l)y the superintendents at 
 the court house and precincts. 
 
 9. The ballots shall not be examined by the superintendents or 
 the bystanders, but shall be carelully sealed in a strong envelope 
 (the superintendents writing their names across the seal,) and de- 
 livered to the Clerk of the Superior Court, by whom tliey shall 
 be kept unopened and unaltered for sixty days, if the next Supe- 
 rior Court sits in that time, if not, until after said term ; after which 
 time if there is not a contest begun about said election, the said 
 ballots shall be destroyed without opening or examing the same, or 
 permitting others to do so. And if the Clerk shall violate, or per- 
 mit others to violate this section, he and the person violating, 
 shall be subject to be indicted, and fined not less than one hun- 
 dred, nor more than five hundred dollars. Such clerks shall de- 
 liver said list of voters to their respective Grand Juries on the 
 -pe°n1ifty for first day of the next term of the Superior Court, and on failure 
 ^""°=" to do so, are liable to a fine of not less than one hundred dollars 
 
 on being indicted and convicted thereof 
 Penait § 1235. If Said superintendents do not deliver said lists and ac- 
 
 iltlndeX'^' companiments to said clerks within three days from the day of 
 the election, they are liable to indictment, and on conviction, 
 shall be fined not less than fifty, nor more than five hundred dol- 
 
 Ballots not 
 examined. 
 
 To be deliv 
 ered to 
 Clerk. 
 
 How kept 
 liy him. 
 
 When de- 
 stroyed. 
 
 Penalty of 
 violation. 
 
 Clerk to de- 
 liver lists to 
 
 fail. 
 
FT. 1. — TIT. lo. — ELKcric»Ns hy the People. 2^ 
 
 Chapter 2. — Elections for Members of tlie General Assembly. 
 
 iars. Any superintendent of an election, failing to discharge any ^vhere su- 
 ■duty required of hiin by law, is liable to a like proceediuir and ^'i"s°i^n an7°' 
 penalty. 
 
 §1236. The Grand Juries shall exaniine said lists, and if any^^^^^^^^ 
 voter is found thereon, who was not entitled to vote, they shall |?^^^*™'"* 
 present said illegal voter. If any person is susjiected of voting Foreman 
 for members of the General Assemby who was not entitled, but wVaUoT" 
 was entitled to vote for some other candidate at the same elec- 
 tion. The Foreman of the Grand Jury may examine tlie ballot, 
 iind that one alone, and lay it before tlie Grand -Tury and return rrosontment 
 it. If the superintendents fail to return as required, the lists and iinHntenT-' 
 the ballots, they must be presented. 
 
 i^l28T. The Governor shall furnish the several clerks of the B,,,nk8 to be 
 Inferior Court all blank forms necessary for said elections, Avhich ["„'"* ^n or 'if. 
 they shall furnish the Justices of the Peace of their counties at ^'''''''' 
 least ten days before election day, and on failure to do so, shall 
 be liable to a line by their Courts not exceeding one hundred dol-negi^7by 
 lars. " ^'''•'•''• 
 
 § 123S. If the superintendents or officers of such election shall Penalty and 
 make a fraudulent return thereof, or they, or either of them, I^'^''su"per-''' 
 while so officiating, shall influence, or attempt to influence or mak"'^fraud- 
 persuade any voter not to vote as he designed, or shall take any t,l^soria- 
 imdue means to obtain a vote, they shall forfeit for the offence lo'icr ^'^^ 
 one hundred dollars, to be recovered by information, and if the 
 person l)e a Justice he forfeits his office on proceedings for re- 
 moval. 
 
 ^1239. No civil officer shall execute aiiv writ, or civil process ,- . ,. 
 
 , •' 1 ' \ oter froi; 
 
 npoii the bodv ot any person qualified to vote at such elections ^""V^ ""'?'* 
 
 . , '■ while going 
 
 while jjjoing to, or returning from, or durino: his stav there on i"- "^"™!,''" 
 the day, under a penalty of five hundred dollars, to be recovered atTn'^elc'^'^ 
 by action. A reasonable and full time shall be allowed for the Jv "„ „*"«!; 
 journey to and from the polls. for arrest. 
 
 § 1240. Elections to fill vacancies for members of the General ^^^.,^ . 
 Assembly, take place under the authority of a writ of election ^^^f ^?^'^' 
 
 \ ^ , T- ' ' of election t« 
 
 issued by the Governor to the Justices of the Inferior Court of?" '''<==»"<'3' 
 
 ^ v.-* ^\ji^M.v '-'•^ for members 
 
 the county where the vacancy occurs, who must order and pub- turo"^*'"' 
 lish a day for holding the same, by giving at least twenty days' 
 notice. 
 
 §124:1. All the provisions of this chapter applv equally to 
 
 "^ . *^ 11.1, Elections to 
 
 elections to nil such vacancies and any other special election '"' ''^'^^- 
 
 •' -T cies, ifca 
 
240 PT. 1.— TIT. l;l— CHAP. 3.— Elkctions by the People. 
 
 Article 1. — Provisions ai)plicable to all. 
 
 CIIAPTEP. ITT. 
 
 KLKCTIOX F()R GOVKKXOIi. MKMBKRS OF ("DXGRESS, KLKCTORS FOR 
 PRESIDKNT AND YIGK PRESIUKXT. JITDGES OP TJIF SUPERIOR. 
 rOT'RTS AX11 SOLiriTOR.S CEXERAJ,. 
 
 Aktk'i.k 1. Provisions applical)le to }i]l. 
 
 Aktiole 2. For Goveriioi-. 
 
 .Vkticlk 3. For members of Congress. 
 
 Article 4. Electors for President and Vice President. • 
 
 Article 5. Judges of Superior Courts and Solicitors GeJieral.. 
 
 ATiTICLE T. 
 
 PROVISJOXS APPLICABLE TO ALL. 
 Skgtiox 1242. Siieli elections — liow condiu-ted. 
 
 Particulars § 124:2. The clectiou for the ofticers heading this chapter are. 
 .lections for governed by the same rule as elections for members of the Gen- 
 
 Govemor, -, . i i • i ,• n • • i 
 
 members of era! Assemblv 111 the lollowmg particulars: 
 
 • 'ongress, " «- a 
 
 andforeiec- 1. In tlic oatlis to bc takcii bv the voters. 
 
 tors for Pre- ' 
 
 sidentand 2. Ill tlic class of pcrsous to liold the elections and the oath to 
 
 Vice Presi- '- 
 
 ■lent are gov- be taken by them. 
 
 erned by •' 
 
 same rules 3^ l^ the places aud the time of the day to liold them. 
 
 1.S elections a "^ 
 
 for members 4 i^ fhc maiiiier of conductiuo; and returning them including 
 
 oitneLegis- no o 
 
 ihtnre. g^]| gpecial elections, and in the <luty of the Clerks of the Supe- 
 rior Courts and tiie Grand Juries. 
 
 5. In the several ])enalties attached to the superintendent or 
 other persons. 
 
 (5. In the furnishing of blanks by the Governor. 
 
 7. In all other respects Avhere a]tplicable, and there is not a 
 c-ontrary jirovision by la^'. 
 
 ^^k now 
 
 APTTCLE II. 
 
 FOR GOA'ERXOR. 
 
 Seotiox. Section. 
 
 1243. Governor's eleelion. itc. | 1244. Retiini of vole I'or Governor. 
 
 (jo^emor to §1243. Tlic Govci'iior is clccted biennially, at the same time 
 
 be elected '-' 1111 
 
 biemiiaiiy. when members of the General Assembly are regularly elected, 
 iTow^fiod. and a vacancy in the office is to be filled as required by the con- 
 
 ^'' 
 
Article 2. — For fjovemor. 
 
 PT. 1.— TIT. l;j.— CHAP, o.— ELJiCTlONjs BY THK 1*K.»1-L>;. Ml 
 
 6titutioii and the rearulations of" this Code elsewhere in conforui- separate 
 
 •- package 
 
 itv thereto. ''■^ti» c«rtifi- 
 
 •' cate of vote 
 
 $1244. At the election for Governor a third i>ackai!:e mnst l)e''<"-oovcrnor 
 
 o _ _ , to be sent by 
 
 made np containini;; a certificate of the Governor's vote alone. »"»*' ^'<- 
 together with the other papers of the election, as in the case of 
 members of the General Assembly, which shall be directed bv 
 mail to '•the President <»f the Senate of GcHtrma.'" 
 
 ARTICLE III. 
 
 KOK MKMBKH8 OF COX<;reSS. 
 
 SkCTIOX. SKfTION. 
 
 1 245. Congressuit-u — when eloctoU. 1 248. Proclamaliou of result. 
 
 1 240). Kleotioiip for extra sessions. 1 24fl. Kleetion in case of a tie. 
 
 1247. Qnalilication of voters. ■ 1250. Commissions — when applied for. 
 
 §1245. Members of the House of Representatives of the Con-Kicctionsfor 
 federate States Congress are electe<l at the same time that the conjiress. 
 Governor and members of the General Assenddy are regularly 
 elected, l)y the \'otei"s of their respective Congressional districts. 
 
 ^1240, If an extra session of Cons^ress should be called after 'Governor 
 
 . . 1 /-^ • 1 "^ must order 
 
 the e.xpn-iitioii ot the Conorressional term, and before the next »« e>ect'oi>-- 
 
 . , . ^ . when. 
 
 regular time for holdino- such elections, the Governor must issue 
 his proclamation ordering an election ot' such representatives for 
 such extra session. 
 
 vJ124T. P>esides the (lualifications rcfiuired bv the constitution, euiuiidate 
 
 ^ ^ • ^ , must reside 
 
 a residence oi one vear next precedino; the dav of election in the"n« year in 
 
 ^ ^ ^' •■ district to be 
 
 district where the candidate offers, is necessary to make him 'li^'Mo- 
 eligible to election. 
 
 §1248. AVithin twenty days after the election the Governor Governor to 
 shall count up the votes, and immediately thereafter issue his votes, ao. 
 proclamation declaring the i>erson having the highest number of 
 votes, and otherwise (pialified, to be duly elected to represent 
 this State in the House of Representatives of the Confederate 
 States, and for what period. 
 
 § 12411. If two or more persons, equally (pialified, should havei.i .aseof a 
 the same number of votes, the Governor shall issue his prod a- ti'on ordered, 
 mation, ordering a new election, in iu)t less than thirty days. 
 
 §1250. If any person duly elected as aforesaid shall not 'with- ;^[^^'t'|j^''*,,. 
 in thirty days after the Governor's proclamation apply for his Jllfg^'I^V^™- 
 (.'ommission, the Governor shall order a new election as ])reseribed ^^""'-^ ''»y''- 
 IC 
 
 wf^^ 
 
24:2 PT. 1.— TIT. 13.— CHAP. 3.— Elections liv thk Peopi.k. 
 
 Article 3. — For Members of Cougress. 
 
 in the preceding section, and vacancies for any canse are tilled 
 in like manner. 
 
 in 
 
 AKTICLE IV. 
 
 KLKCTORS FOR PRKSI1>KNT AND VrOK PRESIDENT. 
 Sectiox. Section'. 
 
 1251. Presidential electors — whenolioseii \2r>5. Electoral college — how organized. 
 
 1252. AVheii and where to cast vote. 1256. Messenger to be chosen. 
 
 1253. Vacancies — how filled. , 1257. Pay of Electors and Secretary. 
 
 1254. Majority failing to meet. 
 
 Dayofeic- §1251. On tlic Tuesdaj after tliG tirst Monday in November, 
 tors of Resi- 1861, and every sixth year thereafter, until altered by act of 
 Vice Presi- Coiigress, tlicrc sliall be an election for electors of President and 
 
 dent. ® . 
 
 Vice President of the Confederate States, 
 (iovernor to §1252. On the twentieth day after said election shall have 
 
 consolidate " •' 
 
 returns and takcii place, it is the dntv of the Governor to consolidate the 
 
 notify the ^ ' 
 
 persons. several returns and immediately notify those persons of their 
 election, who have received a vote amounting to a majority, and 
 to require their attendance at the capitol on the first Monday in 
 December thereafter to cast the vote of the State on the Wed- 
 nesday following at twelve o'clock, M. 
 All, 01- i. mil- §1253. In the event all, or a majority of said Electors may 
 ■Ei"ctor.s not have received a nuijority, the Governor shall communicate 
 ceiveVma- the fact to tlic General Assembly, if in session, and if not, he 
 'l^o"ef elst, shall issue his proclamation convening them in time to secure the 
 vote of the State in the Electoral College. The General Assem- 
 bly shall, by joint ballot, elect as many Electors as have not re- 
 ceived said majority. If a majority of Electors have been cho- 
 sen by the people, they may iill the remaining vacancies them- 
 selves by ballot, which election sliall be communicated to the 
 Electoral Govei'iior. If, wlicu tlic Elcctors elected by the people, or by 
 
 College may ' "^ t /-^ • i 
 
 fill vacan- |;}ig General Assembly, or some bv each, convene at the Caintol, 
 
 cies, itf. ^ ' ■ ' . .J-. . 
 
 any of their number may not be present at the time specified for 
 
 counting the vote, a majority of the elected may fill all vacancies, 
 
 which shall be duly communicated to the Governor. 
 
 On failure of § 1^54. If a majority fail to attend by said Wednesday at noon. 
 
 Elector to*^ from providential cause, those who do attend may adjourn from 
 
 attend, &c. ^^^ ^^ ^^^ j-^^, ^^^ days, and if a majority is not present at the 
 
 expiration of that time, the Governor shall convene the General 
 
 Assembly on ten days' notice, who shall fill the vacancies by 
 
 election. 
 
FT. 1.— TIT. la.— CHAP. 3.— Elections by the People. 243 
 
 Article 4. — Electors for President and Vice President. 
 
 'f 1255. The Electors, when assembled to cast the vote, shall Electoral 
 choose a President of their body from their number, and a Sec- <hoose » 
 retary not of their number ; said Secretary shall make a record '<>:c- 
 of their proceedings in a book from the Executive Department 
 kept for that purpose. 
 
 § 125r). Such Electors shall elect, by a majority vote, a Mes- KUctorai 
 senger to convey the vote of Georgia, and shall, in regard to that choJslV * 
 and all other matters, proceed, according to the acts of Congress, ' ''®*^''^'''' 
 in such cases jnade and provided. 
 
 <$1257. The pay of Electors shall be eight dollars per day for Pay and 
 
 1 . ' I . . . , ■ 1 /--I • 1 1 • •' • mileage of 
 
 every day required m remainmg at the Capitol on their mission, Kiectors, 
 and eight dollars for every twenty miles in going to and return- 
 ing therefrom, said mileage to be computed as that of members 
 of the General Assembly. The pay of the Secretary shall be one and of th.-ir 
 hundred dollars, all of which is to be paid either out of the con- ^*''"'*'*^ 
 tingent fund or out of any money in the Treasury not (Otherwise 
 appropriated in the discretion of the Governor. 
 
 ARTICLE Y. 
 
 JUIiiiKS OF THK SUPERIOR COrRTS AXI> SOLICITORS GENERAL. 
 
 Section. Skctiox. 
 
 1258. Jndj^es — when elected. 12(51. New election — when ordered. 
 
 1259. Proclamation of result. 12G2. Solioitor.=; General — when elected. 
 
 1260. Oafli of Judges— hinv taken, i-r. 126:5. Must give bond. 
 
 §1258. The election for Judges of the Superior Court takes xim.- of 
 place on the hrst Wednesday in January next preceding the expira- judgos »Z 
 
 ^ . .. . 1 . . • ' ' *^ pcriorCourt. 
 
 tion 01 their commissions. 
 
 § 1250. The Governor, together with the Secretary of State, Governor 
 
 in-i-j i -\ J' !!• 1* T ^^^ Secretn 
 
 shall, witlim twenty days alter the election, count the votes, and ry of state to 
 shall, immediately thereafter, issue his proclamation declaring vous. &c. 
 the person receiving the highest number of votes for Judge in 
 each circuit to be elected, and also requiring said person elect to 
 appear before him, or two or more Justices of the Inferior Court 
 of the county of his residence, to take and subscribe the oaths of 
 office, unless otherwise specially permitted. 
 
 §1260. When said oaths are taken before the Justices afore- j,^^^ „f 
 said, they shall be entered, by the Clerk of the Inferior Court of ^'^^^^ ''^^J,"^'^ 
 sucli county, on their minutes, and they shall transmit, under 
 their hands and seals, to the Governor, copies of the same, with- 
 out delay, when the commissions shall be issued. 
 
 , &e. 
 
 
244 FT. 1,— TIT. 18. — CHAP. 'A. — Elections by the PeoplI:. 
 
 Article 5. — Election for .Judges of Superior Court and Solicitors General. 
 
 Office de- §1201. If the person elect shall fail to appear and taike the 
 '1^^V<■*" oath M-ithin thirty davf; from the date of said proclamation, un- 
 less providentially prevented, tlie (Governor shall declare said of- 
 fice vacaiit. i>roceed to till the vacancy, and, by proclamation, or- 
 der another election to take place within tliirty <lay.< from the 
 date of his ]>roclamation for said purpose. 
 Election lor § 12H2. ^^olicitors General are elected on the tirst Wednesday 
 (feneraT in Januarv next preceding the expir.ition of their commissions. 
 Governor to §1268. The Govemor shall proclaim the election of yolicitor& 
 is^eiected. "^ General in the same manner that he does that of Judg-es. v/ith 
 the difference that he shall require them to execute, before such 
 ghre bomi." Justices, to l)e approved l)y them, their official bonds. Mhich shall 
 lie, by said Clerk, transmitted to the Governor, together witli a 
 (^ertitied copy of the oaths from his minutes. 
 
 ^f^ 
 
 CHAPTER IV. 
 
 FOR JUSTICES OF THE INFERIOR COURT, «)RDINARY AXI> COUNTY 
 
 OFFICERS. 
 
 Sj-CTiox. Sectiok. 
 
 1264. Election of county oflicers. Ac. 12GT. (Jouuly Treasurer— wLeu elected. 
 
 1265. Ordinaries and J. I. 0'.^., Ac. 1268. Election of other county officers. 
 
 1266. (Hlier officers— when elected. 1269. Notice of election— hovr ^rivcu. 
 
 Kic.tioasfor § 12H4. Articlc I of Chapter III, Section 1242, applies to the 
 ;Scourt, officers wliose elections are provided for in this chapter. 
 Time of §1265. Justices of tlie Inferior Court, and (Ordinaries, are 
 
 ' ''^<=*''^"'*^'- elected on the iirst Wednesday in January next preceding the 
 
 expiration of their commission.-. 
 Time 01 §1266. Clerks of the Superior and Inferior Courts, and Sher- 
 
 ::r'cou"ifty'^'itfs, Tax Collectors, Tax Receivers. County Surveyors and Coro- 
 ""'"""'■ ners, are elected on the same da_y and month mentioned next 
 
 preceding the expiration of their commissions, 
 couniy §1267. County Treasurers, where elected by tlie votei-.-. are 
 
 Ajr*""^'"' elected at the same time, annually. 
 
 General pro- §1268. The election of anv officcr not mentioned, whose du- 
 imeVeiec- ties are entirely of a county nature, shall be elected at the same 
 tion, &.-. f^Y^Q^ unless otherMise y^rovided for. 
 ,., , „ S126f^. When either of the officers mentioned are to be elected, 
 
 f'lerk oi In- o 
 
 fo'"iwno-* the Justices of the Inferior Court shall cause their Clerk to give 
 |ce^'f«'«- thirty days' notice of the officers to be elected, and the time of 
 the election, which shall be advertised at the door of the court- 
 
PT. 1. — TIT. 13. — Elections BY thsr People. 245 
 
 <:h;i].ter 4. — For Justices of tlie Inferior Court Ordinary and County Officers. 
 
 house, aiifl alsD in some public- <r:a/ette printod in tlie coimty, if 
 uny. 
 
 CHAPTER Y. 
 
 FOR .irSTICKS OF THE PEACK AND COXSTAl'.I.KS. 
 
 Section. Section. 
 
 1270. Flection of Justices of the Peace. 127a. Election— how re«ukt<-a. 
 
 1271. How superintended. 1274. Election of Constables. 
 
 1272. Returns— how made. 1275. Constable's election. &c. 
 
 § 1270. Justices of the Peace are elected on tlie first Saturday ^'i^«f/^^f- 
 in January next preceding the expiration of their commissions, *i^^f.^f^*|?° 
 by the voters of their respective districts, provided they have re- 
 aided in the district as much as thirty days, immediately i)rece- 
 •ding the election, and are otherwise qualilied. The election must ^.^^^^ ^^ 
 be held at the phice of holdin-- .lustices' Court for the district ; ^lectioD. 
 if none, then at the election ]n'ecinct : if no election precinct, 
 then at some place in the district named by the Justices of the 
 Inferior CVmrt, of Mdiich ten days" written notice must be given 
 in the district. 
 
 §1271. Such elections shall be superintended by three free- ,^J,°,f„\"^j 
 holders of the district, who shall take the oath required in chap-"''^"^'""''- 
 ter second of this title, section 1229. 
 
 §1272. Said superintendents shall transmit one return of ^^^^id iietiir"^-to 
 ■elections t< > the Governor, and another to the Clerk of the Supe- 
 rior Court of the county, who shall keep the same on tile. The 
 ballots shall be likewise sealed u}). and the number of the district soaiod.&o. 
 marked thereon and delivered to such Clerk. 
 
 §127'->. The laws governing the elections for members of the i^^^^^ons- 
 ■General Assembly, govern in the elections of Justices of the Peace, '^*'- 
 whenever they may be applied, aud are not inconsistent with 
 those of this chapter. 
 
 §1274. Constablcb are elected on the same day, month and g^j^^Jf^" g*^ic°." 
 place that Justices of the Peace are, and by the same class of term of" ol'"' 
 voters, once in two years. 
 
 §1275. Their elections are to be conducted in the same man- .tusHco of 
 
 -" the Peaco to 
 
 Tier ;is those of Justices of the Peace, with the exceptions that — preside at . 
 
 i conatablpi 
 
 1. A Justice of the Peace must be one of the persons pi'^^s^iding e'^«ction^i^f 
 at a constables election, if there is one in commission to be had, <^^'''- 
 and he is not a candidate at the same election. 
 
m 
 
 PT. 1. — TIT. 13. — ^Elections by thk People. 
 
 Chapter 5. — For Justices of the Peace and Constables. 
 
 Ketnrnsto 2. Tlie retums Tiiiist be made to Clerk of the iTiferior Court 
 
 t>e made to 
 
 Clerk Infc- of tllC COimtV. 
 
 rior Court, "' 
 
 CHAPTEK VI. 
 
 CONTESTED KLKCTIONS. 
 
 Skctiox. Section. 
 
 1276. Elections — liow contcstetl. j 1279. Set oft' of illegal votes. 
 
 1277. In case of Legislators. \ 1280. Contests of Bailifts' elections. 
 
 1278. Ballots may be examined. ; 1281. What defeats election. 
 
 in'^ef of § l-'''^- When the election of a person by the people to any 
 !oect1?n^ office requiring a commission from the Governor is contested the 
 proceedings are — 
 
 1. The adverse party shall have five days' notice in writing of 
 the intention to contest, and the grounds of the contest. 
 
 2. The notice shall state the time and place where the con- 
 testant intends to take testimony, and the names of the wit- 
 nesses, if any. 
 
 3. The elect shall give like notice of the time and place where 
 he intends to take testimony, and the names of witnesses, if any. 
 
 4. Either party may appear by himself, or attorney, ()r ])oth. 
 and cross-examine the witnesses. 
 
 5. At the time of taking testimony any judicial officer of the 
 county where the testimony is taken may preside to preserve 
 order, to swear the witnesses, and to see that the testimony 
 is fairly and impartially taken down, but all the testimony 
 offered must be written down. Said officer has the power to 
 subpoena witnesses and com])el their attendance, if in the State,, 
 and to issue commissions to take testimony of persons out of the 
 State, and to adjourn from day to day. 
 
 G. All the papers and proceedings, or copies of them, must i,)e 
 transmitted to the Governor, certified to by the presiding officer., 
 or agreed to by the parties. 
 
 7. When the Governor has notice of an intention to contest 
 he shall not issue the commission until the contest is decided, or 
 the time has elapsed for it to begin. 
 
 8. Both parties may appear by themselves, and counsel, and 
 l>e heard l)efore the Governor, who shall have both notitied of 
 tlie dav when he will hear the contest. 
 
PT. 1.— TIT. 13.— Elections by the People. 
 
 Chapter 6. — Contested Elections. 
 
 9. Testimony going to prove the illegality of a vote, and the 
 want of qualiiication in a voter, must be taken within thirty 
 (lays from the day of the election. 
 
 10. No proceedings can be begun to contest an election after 
 the Governor has issued the commission. 
 
 §1277. The proceedings to contest the seat of a member of Proceedings 
 the General Assembly are the same, and may be transmitted torijro"nfberof 
 the Governor, who shall send the same immediately after the or- i/^nt* s'ted. 
 ganization to the presiding oflicer of the House, where the con- 
 test lies, or may be sent direct to such presiding officer. 
 
 §1278. When an election is contested, on the ground of ille- -when sqs- 
 gal votes, any of whom it is claimed on affidavit can probably fo'ts may be 
 be proven by resort to the ballots, specifying what ballots, it ig^^""""*^ ■ 
 the duty of tlie Clerk of the Superior Court to deliver the same, 
 together with the list of Aoters, to the person who presides at the 
 taking of testimony, who shall examine said suspected ballots, 
 «nd none other, and have put down as part of the testimony 
 their contents, and all other testimony attacking and defending 
 their legality. 
 
 §127'.). Illegal votes by the method aforesaid, and otherwise, i,i£,gai votes 
 may be proven by both parties, and if such are proven on both otherlnT'^^ 
 sides one shall stand against another, and he is elected who has nlfmber of 
 the greatest number of legal votes. -All are considered legal, not l^i^cts! &c* 
 proven to be illegal. 
 
 j^l2S0. In all elections for constables, corporation officers, or who decides 
 other officers not pro\ided f(»r aboAC, contests as to elections shall const abks- 
 be heard before and decided by the Coui-t or persons who l>y law 
 issue the certilicat(>s of election. For each day an officer pre- (jompens;i- 
 sides in hearing sucli contest he shall receive two dollars J/in"f,^cc'!' 
 to be paid by the losing party, and for which such Justice may 
 issue iiji. fa. 
 
 §1281. No election shall be defeated for non-coiupliance with Eieotiou uot 
 the requirements of the law, if held at the proper time and place Jon o/foraa'i 
 by persons (pialiiied to hold them, if it is not shown that by that ''^*^'"**' 
 non-compliance the result is different from what it would have 
 been had tliere been a ]>roper compliance. 
 
248 PT. 1. — TIT. 14. — ELEcrioNS by the General Assembly. 
 
 Chapter 1. — For Confederate States Senators. 
 
 TITLE XIX. 
 
 ELECTIONS BY THE GENERAL ASSEMBLY. 
 
 t'/Hr 
 
 CHAPTEIl I. 
 
 FOR. CONPEDERATK STATh^S SENATORS. 
 Section' 1282. Election of Senators to Congress. 
 
 , , S 1282. The elections for Senators in the Confederate States 
 
 Senators ih " 
 
 whe^eflct- Congress from this State, sliall be held by the General Assembly 
 *^''- during the sitting or session wliicli immediately precedes the be- 
 
 ginning of the term which they are to fill. 
 
 CHAPTEE II. 
 
 FOR OTllKR OFFICERS. 
 
 Section. I Section. 
 
 1283. Judges of tlie Supreme Court, ito. I 1284. All elections by Legislature — when 
 
 Time of §1283. Tlic Judgcs of the Supreme Court, the Secretary of 
 
 jud^lTsu- State, the Comptroller General, Surveyor General, the State 
 preme Court Treasurer, Printer, and Bank Directors are elected by the same 
 
 rule as to time. 
 Leaigiatuic § 1284, All olticers created for the service of the State, the 
 lflfcers,&p. election of which is not given to the people, or some other tri- 
 bunal, are elected by the General Assembly in the same manner 
 and time as the officers elected bv them. 
 
PT. 1.— TIT. 15.— CHAP. 1.— Police Rec;ulations, &v. 249 
 
 Article 1. — Tlie Trustees. 
 
 TITLE XV. 
 
 POLfCK ANI> SANTTAKY IJF.cr LATIOXS. 
 
 CHAPTEli I. 
 
 T.rXATTC ASYLUM. 
 
 Articlk 1. — The Trustees. 
 
 Article 2. — The Superintendent. 
 
 Article 8. — Admission and disjiosition of l^atient? 
 
 ARTICLE I. 
 
 TIIK TRlTSTKV;s. 
 
 « 
 Seci'iox. Section. 
 
 1285. Miinagement of Asylum. 1288. ortu-ors — how apiioiiitcd. 
 
 1 286. Tm.stecs — how appointed. , 1 2S9. Bond of Treasurer. 
 
 1287. Authority of Trustees. 1290. Annual Report of Trusteos. 
 
 §1285. Tlie State Lunatic Asylum at Midway, near Milledge- A^f,!),'; 
 ^^lle, is solely the property of the State, and is under the man- 
 agement of three trustees. 
 
 §1286. Said trustees are biennially appointed, by the Grover- ^pp^'^^'- 
 nor, on the "first Monday in December, and in such manner that t^'^toos. 
 one of the trustees shall l)e continued in office for a second term, 
 that there may be always one member of the board who has ex- 
 perience in the affairs of the Asylum. 
 
 §1287. They have authority — Authority or 
 
 1. To prescribe all the rales and regulations for the manage- 
 ment of the institution, not conllictiiig with the laM". 
 
 2. To appoint all the otlicers, point out their duties, and fix 
 their salaries. 
 
 3. To create such other offices, and select the iiunuubents, if in 
 their judgment such is necessary to an efficient administration. 
 
 L To i-emove from office, when the incumbents fail to dis- 
 charge Avell their duties, or are guilty of any immoral or unfaith- 
 ful conduct, and cause to he prosecuted any officer, or other per- 
 son, 'who shall assault any inmate of said institution, or use to- 
 wards such any other or greater violence than the occasion may 
 require. 
 
 5. To hold in tiMist, for said Asvlum. anv irrant or devise of 
 
250 PT. 1.— TIT. 15.— CHAP. 1.— Police Eegulations, &c, 
 
 Article 1. — Tlie Trustees. 
 
 land, or bequest or donation of money, or other property, for the 
 ijeneral use of the institution, or the particuhar use defined. 
 
 i]. To visit the institution monthly by at least one of the board, 
 semi-annuall}^ by a majority, and annually l)y all of them, at 
 such time as they may agree upon. 
 
 7. To purchase servants for the Asylum, when, from long em- 
 |il(>Yment, or otherwise, they are known to possess such qualities 
 as render them peculiarly valual)le to the institution ; Provided, 
 there is suthcient of the States's appropriation, after paying the 
 necessary expenses out of the general appropriation, for such 
 purpose. 
 
 8. To bring suit, in their names, for any claim the institution 
 might have, whether arising upon contract or tort. 
 
 ouier oiti- § 1288. The ofhcers of the Asylum, appointed by the trustees^ 
 ^"^byXe" are a Superintendent, an Assistant Physician, a Treasurer, a 
 
 n-nstci 
 
 Steward, Assistant Steward, and Matron, whose salaries are paid 
 quarterly out of the annual appropriations. 
 Bond of !^1289. The Treasurer uiust give bond and secnritv in the sum 
 
 Treasurer. > — j*^ i i ii 
 
 (of five thousand dollars. 
 Annual re- i^S 1290. xlt tlic closB of cacli flscal vcar, which terminates on 
 
 >> port of trnsT " ^ n /-\ i 'in i in 
 
 V tees. ; the first day of (Jctober, the trustees shall make to tiie (jrover- 
 
 X^ juor, to be by him laid before the General Assembly, in connec- 
 
 1^ tion Avith his annual message, a full report of the condition of 
 
 ithe Asylum, in all its departmentSj^iu eluding its receipts and dis- 
 
 /bursements, with such suggestions as they may think proper to- 
 
 niake^^ 
 
 ARTICLE II. 
 
 THK SUPKRTXTENDENT. 
 
 Section. Section. 
 
 1201. Must lie a Pliysiciaii. 1292. Duty of Siipcriiiteiidout. 
 
 snpcriuten- ^1291, The principal officer of said Asvlum is the Sui»erin- 
 
 dentof Asy- ^ ^ , , , , " 
 
 jum. tendent, who shall be a skillful physician. 
 
 SuperiBten ^ 1292. It is llis dutv 
 
 dent 8 du- -' •> ^ , . . 
 
 ties. 1. To reside constantly on the premises, and devote his profes- 
 
 sional services exclusively to the use of the Asylum, for which, 
 purpose he must be furnished with a suitable residence. 
 
 2. To take charge of, and exercise control, subject to the trus- 
 tees, over every department of the institution, and have controli 
 
PT^l. -TIT. 15.-CHAP. I-P oliceRe.ulatioks, ^^c. 251 
 
 ^^^^^ Chapter 2. — The Superintendent. 
 
 over all resident officers, attendants, and servants employed 
 therein. ^ • 
 
 _ 3. To discharge all duties any way connected Avitli the restora- 
 tion to health, or sanity of the inmates. 
 
 4 To make an annnal report to the trustees, on the first dav 
 ot October, of all the affairs of the institution under his supei'-- 
 
 Vision. 
 
 5. To perform any other duty necessarily connected with hi^ 
 position under the law. 
 
 AKTICLE III. 
 
 THK ADMISSION MANAGEMENT AX]. DISCHAR.iK OF PATIENTS 
 
 ^^'^■^' ,Sectio.v. 
 
 1 29:, w,,o may be inn.ates. 1304. Tnmates n,ay be tried. 
 
 94. Inma es-hoH' classified. 1305. Trial-how demanded. 
 
 290. Apartments ol A.sylum. 13O6. Adnn.ssion of inebriate.. 
 
 -96. Georgians preferred. 1307. Inebriates-how kept. 
 
 29<. Ueorgua pay-pationts. I ^308. Insane slaves. &c. 
 
 -98. Non-resident pay-patients. 1309. Insane convicts. 
 
 300 CeTtrr'' f ''"''• ''''■ ^-victs-how snpporte.l. 
 
 30 ■ slZTT '"'"'"• '''"^^^- ' ''''■ ^'"-^^ -nvicrs-hofv disposed of. 
 
 1^01 Support of panper.pat,ents. , 1312. Uncertified patients. 
 
 1-^0-'. Paupers to pav— when t>io r> •. 
 
 no- nntb;n„ c rr , , ^^^^- I^e-commitment of inmates. 
 
 i..u... Clothing, Arc. of disc inrgednauDPi-^ ni i t,,o • • 1 
 » f^^-^i l''^"I«^'^' l.fI4. Insane criminals. 
 
 T^olTtT' .'^'''' "P^^^P^^^^ ^^- ^l^»^^'^ted inebriates. ^-p 
 
 ^ 12di. 1 lie inmates are divided into the following classes • 
 1. 1 ay or pauper-patients residents of this State. ^0'": 
 
 -• -t^ay-patieuts being non-residents. '"•■*'"• 
 
 o. Insane Penitentiary convicts. 
 4. Insane negroes, in certain cases 
 
 §1295. The Trustees of the Asylum shall see that proper and v.....t. 
 ^^nct apartments are arranged for said patients, so\hJ^ in no £3 
 case shall the negro and the .vhite person be together, nor the ""-" 
 Penitentiary convicts with either, and males and tfemales shall be 
 Kept separately. 
 
 § 129(1. Citizens of „,„■ own State sl.all have preference to non- «..,.,« ,. 
 .cedents .hen at tl.e tin,e of the application all cannot be ac S - 
 commodated and .f such a contingency shonld happen, it nn.t ' 
 be .eported to the Governor without .lelay, who shall con.muni- 
 c«te the tact to the (General Assembly. 
 
i352 PT. L— TIT. 15.— CHAP. 1.— Police IIegulations, ifec 
 
 Article X — The Admission, Management and Discharge of Patients. 
 
 § 1297. 
 
 IJesident pa y 
 patients — 
 
 howHrtniit- ted unle: 
 
 ted. 
 
 A pay-patient resident of tliis State shall not be admit- 
 accompanied by autlientic evidence of lunacy, accord- 
 ing to law, or there is produced tlie certiticatc of three respecta- 
 ble practicing physicians, well ac(]uainted with the condition of 
 the patient, or one from such physician^, and two re^^pectable citi- 
 zens, stating the cause of the application, 
 xon-resi- !^ 1298. A pav-paticnt not a resident of this State sliall not be 
 
 dent pay pa- '^ , i . i i i • i ,> 
 
 tients— how admitted unless accompanied l)y an authentic record ot a convic- 
 tion of a malady, which by the law of this State, is a ground of 
 admission, from a Court having jurisdiction, or shall produce a 
 certificate like that required in this State, together with the cer- 
 tificate of the Judge, having jurisdiction, who shall state official- 
 ly, that the certificate of said [physicians and other persons, are 
 o-enuine and entitled to full credit. And shall then not be re- 
 ceived until the payment of expenses are secured. 
 
 Pay patients 1 1299. Pay-paticiits may be divided into different classes, ac- 
 
 may be das- ' . . ' , " . i • t ^ i^ • x* 
 
 sifled. cording to the accommodations desired, and tlieir means ot pay- 
 
 ing. 
 §1300. 
 
 When a person has been convicted of a malady requir- 
 
 Paupcr pa- 
 how they are ing him to be committed to said Asylum, it is the duty of the Court 
 presiding at the trial, to certity if said person be a pauper. He 
 shall not be certified a pauper, unless in whole, or in part sup- 
 ported by the county, or the county is bound for his support un- 
 der the law. If there are persons who by law are bound, and 
 able to support him, the names of such persons must be given. 
 If the person has means enougli to support himself in part, the 
 amount of such means must ])e stated, and must ])e paid towai'd 
 his support. 
 
 § 1301. A certificate of pau})erism, entitles the person to be 
 supported at the expense of the State. Tliose for whose support 
 others are bound, must be furnished with suitable support by the 
 State, and tlie expense collected out of such other persons by the 
 trustees. 
 
 § 1302. If a patient committed as a pauper, or as of limited 
 means, becomes entitled to an estate, said estate is bound for his 
 support according to its value, and whoever holds it, may be com- 
 pelled to secure to the Asylum its proper charges, or to tui'n 
 over to the trustees the property to be held for such purpose. 
 Discharged § 1303. A paupcr patient shall not be discharged from the Asy- 
 «eXmu8t lum without proper clothing, and a sum of money necessary to 
 
 be clad, &c. 
 
 I'aupcr pa- 
 tients sup- 
 ported by 
 the Stitt". 
 
 Pauperism 
 eeasing, pa- 
 tient must 
 defray ex- 
 penses. 
 
 i 
 
PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, &c. 253 
 
 Article .'?. — The Admission, Management and Discharge of Patients. 
 
 (;arry him to ])U residence or the cfMinty from wlionce he was 
 t^ent. 
 
 §K^(>4. W l)et'ure or at'tei' Jidiuissioii ot* a pav-patient, resident Tnaiofiuna- 
 or non-resident l)y certiticate. the person allesjed to be a hmatic, detJriTrte.l 
 or liis friend, or rehitive, may make a demand of the snperintend- ' ''' 
 ent for a trial of tlie quej«tion of hniacy l)y Jniy, which shall he 
 had without delay, accordinG; to law, in the county of Baldwin. 
 
 §1305. The like demand and trial nuiv l)e had hv all patients "o^ trial of 
 
 _ _ ■ • ' _ ^ lunacy mny 
 
 who ha\e 1)eeii convicted of lunacv, if the oei'son demandino; it, I'p <ieTnnn(i'- 
 l)ein<»: relative or friend, will make an atiidavit that he believes 
 the alle»::ed cause of commitment <lid not. and does not exist, and 
 that the conviction was obtained by fraud, collusion or mistake. 
 The same riolit exists when there is an affidavit tluit the cause of 
 commitment has ceased to exist, and there is a refusal by the su- 
 perintendent to discharge after demand made. 
 
 § ] 80(1. AVlien bv a ])rovision of this Code section ( ) a person inebriates 
 
 IS declared to i)e an inebriate and incapable ot managing his prop- mined. 
 erty, such jterson by his own consent, if capable, and if incapa- 
 ble, by the consent of his nearest relative, or when a person is 
 not so declared, but has the certificate of three physicians, and is 
 liimself Avilling, such person may be received into said Asylum: 
 allowed the use of apartments devoted to him, or such as are 
 suitable, and be treated as a ])atient thereof. 
 
 § 1307. Such patients shall never be placed in coin[)any with inei.iiaies— 
 any other class of patients without their consent, nor placed in °" ^^^ ' 
 confinement, unless they are dangerous to themselves or others. 
 nor detained against their consent in the institution. When con- 
 sent is necessary, they must be capable of consenting ; they must 
 pay for their support as pay patients. 
 
 §1308. Apartments must be provided for insane slaves belong;- insaiu- 
 
 . . > I . /-^ I '" slaves auil 
 
 ing to citizens of this State, who are able or unable to support, '■>f"<^ ne-ro.s, 
 and take care of them, and also of free negroes I'esideuts of this 
 State, who are able or unable to support and take care of them- 
 selves. Those masters or free negroes who are al)le must pay for 
 their supi)ort. Those unable must be supported as other pauper 
 ]>atients. The certificate of the Justices of the Inferior Court of 
 the countv where the owner, or slave, or free ne»;rc> resides, of his 
 condition, mentally and ])ecnniarily, shall be sufficient to grant 
 him admittance. 
 
 §1309. If a Penitentiarv convict Itccomes affiicted so as the J'.T>^^°"- 
 
 " • Ticts — liow 
 
 atfiiction would entitle another person to a place in said Asylum, "'''"''*'"<'• 
 
254 
 
 PT. 1.— TIT. 15.— CHAP. 1.— Police Regulations, &c. 
 
 Article ?>. — The Admission, Management and Discharge of Patients. 
 
 ^ 
 
 he shall be received therein if accompanied by the certificate of 
 the plivsician to the Penitentiary, and the principal keeper there- 
 of, of said fact. The certiticate shall also show the name of the 
 convict, tlie offence for which sentenced, the connty from whence 
 sentenced, and his term of service, which shall be filed away. 
 
 §1310. If said convict has the necessary means, he shall pay 
 for his snpport as lon<y as lie remains at the Asyhim. 
 
 §1311. If sncli convict shall recover before his term of service 
 has expired, the fact shall at once be certified by the Superinten- 
 dent, to the principal keeper of the Penitentiary, who shall forth- 
 with have said convict taken back into the Penitentiary. 
 
 § 1312. Whenever there shall be an application for admission, 
 of'Sncertifi- Unattended by the requisite evidences, the Superintendent has 
 0.1 patients. j^^^j^Qj-ii^y ^o roccive and provide for the person for a reasonable 
 time, provided a suflicient sum shall be advanced for his main- 
 tenance in the meantime. 
 
 §1313. "When a person has been properly received as a patient, 
 
 How BUJl- 
 
 portcd. 
 
 Cured con- 
 victs — how 
 disposed of 
 
 Temponirv 
 
 Inmate nb- 
 
 months^ but is absent for as long as three months, either from discharge, 
 
 must be re- 
 commit 
 JQ form. 
 
 ttid" elopement or removal by friends, he cannot be received at the 
 A^svlum without going through the process required in this chap- 
 ter, according to the class of patients of which he may be. 
 Criminals § l^l-l. Wlicu a pcrsou has been acquitted of a capital crime 
 "?i"'iJ''/i *"* on the irround of insanitv, and such i:)erson is committed to the 
 whose s°Jn- Asylum, he shall not be discharged thence, except by special act 
 pendVd* &r! of the Legislature. If tlte crime is not capital he shall be dis- 
 -how dealt (.]^j^j.gg(;[ ]^j warrant or order from the Governor. If sentence is 
 suspended on the ground of insanity, upon restoration to sanity 
 the Superintendent shall certify the fact to the presiding Judge 
 of the Court where he was convicted. 
 
 CHAPTER II. 
 
 HEALTH. HOSPITALS. INFKCTIOX AND QUARANTINF,. 
 
 Section. 
 
 1315. Who may establish hospitals. 
 
 1316. Regulation of quarantine. 
 
 1317. Quarantme grounds. 
 
 1318. Removal of vessels thither. 
 
 1319. Escai^ing quarantine. 
 
 1320. Bills of health, &e. 
 
 1321. Inland travelers. 
 
 1322. Duty of Pilots. 
 
 Section. 
 
 1323. Persons on board of vessels. 
 
 1324. Proclamation as to contagions. 
 
 1325. Violation of quarantine. 
 
 1326. Concealment of small-po.'c, &c. 
 
 1327. Fines, &c. — how disposed of 
 
 1328. Quarantine — how certified. 
 
 1329. Fees of health officer — how paid. 
 
PT. 1.— TIT. 15.— Polk K ! in, ;u nations, 6:r. 255 
 
 Chapter '2. — Honltli. Hospitals. InlcL-tion and Quarantine. 
 
 § 1315. The corporate authorities of any city or town may es- city copom- 
 tablish in them, respectivelv, or in the vicinity thereof, hospitals may estab- 
 
 ' J- . •' ' . • ' ^ lish hospit- 
 
 or pest houses, to be subject to sucli reguhitions, not contrary to^''-' 
 law, as such corporate authorities may mal<o, to prevent the 
 spread of infectious oi- contac;ious diseases, but in all cases, 
 where such authorities of n town may establish liospitals or pest 
 houses out of their own jurisdictional limits, such establish- 
 ments shall be only on land ac(|uired by such corporation for pro- 
 tection againt the spread of disease within its own limits; in all 
 other cases the Justices of the Inferior Court of each county, i-e- 
 spectivcly, are vested with the power to establish such hos]»itals 
 and make such regulations. 
 
 ^1316. The corporate authorities of such town nuiv, from time Onarantm.' 
 
 • Ml • 11 ' — how pro - 
 
 to time, prescribe the quarantine, to be observed bv all vessels smbca ami 
 
 . . .,. Ill ... , , ■ reffulat<»<1. 
 
 arriving M-ithm the harbor or vicinity ot such town, and regula- 
 tions therefor, not contrary to law, and such regulations mav ex- 
 tend to all persons, goods and effects, arriving in such vessels, and 
 to all persons going (Ui board of the same. Any person violatini:- 
 such regulations, or any of them, after personal notice, or after 
 other notice thereof, given for live days, in such manner as mav 
 be prescribed by such corporate autlutrities, or in the al)sence of 
 any mode so prescribed, by notice i^f sncli regulation, for tivr 
 days, in some newspaper in such town, or, where there is no 
 newspaper, by notice posted up at some ]mblic ])lace in such 
 town, for the same length of time, shall bo guilty of a misde- 
 meanor, and on conviction thereof, shall be lial)lc to tine of not 
 more than five hundred dollars; Provided, nothing herein con- 
 tained shall prevent the infliction by the corporate authorities 
 having power to pass ordinances or Ijy-laws, of such other pen- 
 alty, not exceeding one hundred dollars tine, in lieu of the pen- 
 alty first above named, as may be prescribed in any such ordi- 
 nance or by-law. 
 
 § 1317. Any town may establish a quarantine ground therefor 
 at any place within the harbor, if a seaport town, but in such ground- how 
 
 ,,.,,. -.I ,1 . 1 , ,. . established. 
 
 manner as not to mteriere M'lth the rights ot private property ; 
 and the jurisdiction of the corporation of Savannah shall, in 
 cases of quarantine, extend to all ships and vessels which shall 
 enter at any port or inlet from Ossabaw sound to Tybee, includ- 
 ing all inlets, rivers, and creeks within those limits. 
 
 §1318. The health officer, or visiting physician of such town b/romov'cd 
 may, under the direction of the corporate authorities, cause any thie"^'^nd. 
 
256 PT. 1.— TIT. 15.— Police Kegulations. 
 
 Chapter 2. — Health. Hospitals, Infection and Quarantine. 
 
 vessel arriving therein, or in the vicinity, if the vessel or cargo is, 
 in liis opinion, so foul or infected as to endanger the public health, 
 to be removed to the quarantine ground, or other proper place, 
 to be inspected, and any inaster seaman, or passenger, belonging 
 to any vessel supposed to have an}- infection on board, or from a 
 port where any dangerous infectious disease prevails, refusing to 
 answer, on oath, such inquiries as may be made by any liealth 
 officer, relating to any infection or disease, shall be guilty of a 
 misdemeanor, and, on conviction, shall be lial)le to })ay a fine of 
 one hundred dollars, 
 rei-souses- § lol9. If auv person, ordered to perform (juarantine, shall es-~ 
 .attempting capc, auv Justice, on conq)laint thereof on oath, may issue his 
 quM-antine Warrant to the Sheriff, Constable or town marshal, to arrest and 
 wiUi. ' deliver such person to the custody of the officers of the quaran- 
 tine, and any person attempting to escape may be forcibly de- 
 tained at the place of quarantine by such officers. 
 Master of § 1320. The niastcr of any vessel, ordered to perform quarantine, 
 ^eifver ^f ' sliall deliver to the officer appointed to see it performed, his bill 
 of health, .tc. ^j. i^gjjjii^^ j^j^fj manifest, log-book and journal ; if he fails to do so, 
 or to repair, in proper time after notice to the quarantine ground, 
 or shall depart thence without authority, he shall be guilty of a 
 „ „ .. misdemeanor, and, on conviction, sliall he lined in a sum not less 
 
 Penalty tor ' ' 
 
 ■iefauit. than two liundred dollars. 
 
 Inland trav- § 1321. Auv pei'soii comiiig iiito town, by land, from a place 
 pelildTo" infected with a contagious disease, may l)e compelled to perform 
 quarTnTinc. <|uarantine 1)y the liealth officer, under the direction of the cor- 
 porate authorities, and restrained from traveling until discharged, 
 Ponauvior ^^^^ '^^^^' persou tlius restrained, traveling bcfore lie is discharged, 
 ^jTaMmhie^ shall be guilty of a misdemeanor, and, on conviction, may be 
 
 fined in a sum not exceeding one hundred dollars. 
 Duty of pi- §1322. It shall be the duty of any pilot, before entering on 
 'nterfng'ou hoai'd of any vessel, to make strict inquiry of every master or 
 commander of the same, as to the state of health in such vessel, 
 and in case it be found that any malignant, contagious or infec- 
 tious disease is on board such vessel, such pilot shall not enter 
 therein, under the penalty of one hundred dollars, and removal 
 from office, and any such master or commander refusing to an- 
 swer any such reasonable inquiry, or giving false information in 
 answer, may l)e fined in a sum not exceeding fi^'e hundred dollars. 
 i^ 1323. 'No person being on board such ship or vessel, in which 
 such disease shall exist, or whilst such ship or vessel is perform- 
 
 board of 
 
 vespc 
 
TT. 1.— TIT. 15.— Poi.i. K KKOILATI..NS, cVrc. 257 
 
 Chapter 2. — Health, Hospitals. Infection and Quarantine. 
 
 ing quarantine, shall come, or be pennitted to come on shore, or Persons on 
 land ]fi?Oni .-iuch vessel, without ]>ennission from the proper an- seis shairob- 
 
 1 • i 11 1 , i' j^ 1 • • IT serve qn.ir- 
 
 thoritv, nnder tJie penalty ot line and imprisonment, at the <ns-antinr. 
 (•retion of the court, and any person ooing on l)oard such vessel, 
 (except the health othcer or visiting physician.) and returning 
 without such permission, shall he lialile to the same penalty, 
 j^ lo24. Tlie (Tovenmr of this State mav. hA- proclamation. 
 
 . ' '' Pi-oclaniii- 
 
 whenever he shall deem it necessarv. o-ive sncli nrdei's t<» prevent ''""•'*■ <^'- 
 
 ^ , • "- ' ornor as to 
 
 the spread of contao-ious or infectious diseases within tlic State, '""t^s^o"'' 
 
 ^ •- (lif eases. 
 
 and make such appointment> and regulation- concerning the 
 >anie, as shall by him be deemed proper, and be stated in such 
 proclamation, and any ])erson violating sucli orders or regula- 
 tions, may 1h' fined (»r imjirisoned at tlic discretion of anv court 
 having jurisdiction. 
 
 ^1325. Anv i»ei'son coiniuir into this State, bv land or water, 
 
 , . * ' Aiolalors of 
 
 from anv ])lace infected Avitli contagious diseases, and in violation qufimntim. 
 
 ^ • •"_ may be in- 
 
 of cpiarantine regulations, may be indicted in any county in which '''''^''^• 
 he may be found, and, on conviction, 1>e lined in a sum not ex- 
 <'«eding tive hundred dollars, and V»e imprisoned in tlie common 
 jail at the discretion of the court. 
 
 §1826. Anv phvsician. or other i»crs(»n. Mh<» shall conceal a„ 
 <?ase of small-pox, or varioloid, or any modification of the ^ame, ^^;^^|"|^^. 
 within any incorporated city, town, or in any countv in this '"''''''^'*''' • 
 State, by not giving innnediate notice thereof to the Mayor. In- 
 tendant or health officer, or Justices of the Inferior Court, may 
 be indicted and fined in a sum not exceeding five hundred dollare, 
 or imprisoned at the discretion of the court. 
 
 §1327. All lines and forfeitures arisiuff out of the violation of 
 
 - . "^ Fines lur vi- 
 
 anv quarantine, or other sanitarv reirulation, shall be paid, after "'"ting 
 
 , \ , ■, » <_ 1 . quarantine 
 
 deductmo: the proper expense ot collection, into treasurv of the -^o''''"*- 
 
 *- -^ ^ -^ • posod of. 
 
 city or county, and may be expended in aid of the quarantine 
 and other sanitary laws, and towards the support of the poor 
 thereof, 
 
 §1328. It shall l)e the duty of the health officer of any i>ort, or i^rform 
 the authorized visiting physician thereof, after a vessel shall have a"tine-how 
 duly performed quarantine, to give a certificate thereof to the *^'''^'''''^" 
 master or commander, under a penalty, for every refusal, of one 
 huudred dollars, and in case of such refusal, or of there being no 
 such health officer or attending physician of the ])ort or place, 
 such certificate shall be granted by constituted authorities of such 
 pc^rt or place, the fee for sucli certificate shall be two dollars for 
 17 
 
258 PT. 1.— TIT. 15.— PoLioK RectUlations, &-c. 
 
 Chapter 'J. — Health, Hospitals. Infectiou and Quarantine. 
 
 Fees for cer- every vessel of more than two hundred tons, and one dollar for 
 
 tiflcate, 
 
 every vessel of not more than two hundred tons. 
 
 Fees of §1321>. For visiting; any vessel, wlien required, and ijrantino; a 
 
 oe^_by ' certificate of the health of the crew and passengers on board, the 
 
 w lom rau . ^.^^ ^^. ^j^^ iiealth officer, or visiting physician, to be paid by the 
 
 master of such vessel before she shall be permitted to enter, shall 
 
 be tAvo dollars, coasting vessels coming from one inlet in the 
 
 State to another inlet in the same, exce})ted. 
 
 CHAPTER III. 
 
 FRKK XKC'.ROKS L.VXDTXa FROM VKSSELS AXD HKRKIX OF FRKK 
 
 XK("rRO SEAMEN. 
 
 Sectiox. Section-. 
 
 1330. Penalty for landing free necrroes. * 1334. Penalty for landing without leave. 
 
 1331. Forteiture — how enforced. j 1335. Colored seamen leave with vessel. 
 
 1332. ''Free negroes" delined. , 1336. Failing — must leave the State. 
 13:;:;. Leave to land colored seamen. 133". Power of City Council.^ Ac. 
 
 penRity § 1380. All Acssels comiug into any port of this State, or over 
 
 sffsTandins the bar thereof, having on board a free person of color, not a 
 withfree ne- ggg^^-^rian, uor iu good faitli otlierwisc employed on board in some 
 way necessary to navigation, the masters thereof forfeit the sum 
 of two thousand dollars for each free negro so brought. 
 Forfeiture— § 1331. Said forfeiture is recoverable by libel or by the attach- 
 forced." ment writ of this State (sucli being here made a ground for its 
 issuing upon a compliance with its other requisitions) on the of- 
 fending vessel and every thing appertaining thereto, (for which 
 said property is l^ound before any other lien) or by suit against 
 the master, or by Ixjth proceedings at once in tlie name of the 
 corporation or county; upon information one-half of the for- 
 feiture goes to the informer the other to the Educational Fund of 
 the county. The white person so oiiending is also subject to in- 
 dictment, and on conviction to be imprisoned not longer than six 
 months. 
 whoarefree ^1332. jSTcgrocs ouce slaves who have M'ith their owners' con- 
 thfmean?ng sent left tliis State to reside in a State or county where slavery 
 of^this chap- .g ^^^ tolerated, to become free, and free negroes who have 
 changed their residence to any State are within the provisions of 
 this chapter and cannot return hither. Persons M^ho bring such 
 interdicted negroes into the State by any other means, are liable 
 to such suits, indictments and forfeitures. «^ 
 
PT. 1.— TIT. 15.— roLICK RE..ULATIONS, *fec. 259 
 
 Chapter 3. — Free Negroes Landing from Vessels, kc. 
 
 g 1333. The master or owner of every vessel of anv descrip- Masters of 
 tion arriving in this State from anv ports whatever (except from port aii free 
 
 ,, , ^ ,. 1 i-«i • 1 1 n • T 1 1 negroes em- 
 
 ports 111 bouth Carohna and llorida) shall iinmediatelv npon tlie p'oy^d on 
 
 • 1 • 1 1 -\ r 1 ' board an(i 
 
 arrival ot such vessels report to the Mavor, or other ;iuthoritv, at<>btain pas»- 
 
 ' . . ' portn. 
 
 the place of arrival, the name, ai>:e, description and capacity of 
 every free })erson of color, descended from neijroes and mulat- 
 toes, employed on hoard such vessel, and to ohtain a passport 
 from such authority to permit such person of color to land, it 
 being within the discretion of such Mayor or other authority to 
 grant or refuse said passport. 
 
 § 1334. In case such a free person of color shall l)e found on penalty 
 shore without, such passport, or in contravention of any law of tfrs for ai^ 
 this State, he shall be imprisoned until the departure of said oa'sho^'^'^'^ 
 vessel, and the master and owners of such vessel sliall be jointly passports. 
 and severally liable, in a sum of not more than one thousand 
 dollars for each })erson of color so ])ermitted to land, to be re- 
 covered in any Court of this State having jurisdiction, at the 
 instance of such Mayor or other authority, to be paid into the 
 treasury of the city c»r town where such landing occurs, 
 
 § 1335. When any vessel is ready to depart, the captain of said Master must 
 vessel shall l)e bound to carry away said free person of color, m^ola^ 
 
 and to pay his expenses, and in case of refusal to do either he thTvels'ei. 
 shall forfeit and pay the sum of live hundred dollars, to be re-"'*'*''''"'" 
 
 ion. 
 
 covered by indictment in the Superior Court of the county 
 where such offence n>ay be committed, and shall, moreover, suf- 
 fer imprisonment in the common jail for any term not exceeding 
 three months ; Provider/, nothing herein contained shall extend 
 to any negro or person of color employed on board any national 
 vessel of war. 
 
 §133(5, Every person of color as aforesaid who shall not dc- y^eo negroes 
 part the State, in case of the captain failing to carry him away, Jlifns^S' 
 within ten days after the vessel in which he came sliall have de-s^ur""" 
 parted, shall be disi)osed of as hereinafter set forth, but the pro- 
 visions aforesaid shall not apply to any such free negro or person 
 of color arriving within the limits of this State by shipM'reck, 
 stress of weather, or other unavoidable accidents, until one month 
 •after such accident, but such authorities shall take proper mea- 
 sures to prevent communication by said person with colored per- 
 sons in this State. 
 
260 TT. 1.— TIT. 15.— F«.LicK lii-uiULATioN>. A:<. 
 
 Chapter '■'>. — Free- Neproes Ijindiiijr from Vessels. it<'. 
 Power of §1337, Tlie Citv Couiicik or corporate authorities of the citio- 
 
 CityCoun- '- . - . o t • • i t <> • ^ 
 
 .n8,&c.,ove. ,»]• towHif OT tliis !>tate, or Justices ot the Interior Court, in the 
 
 The sabjei-t i • i i 
 
 mattcrof ahseiicc < "t siu'li. are uuthoi-i/.ed l)v ordinance, or otherwise, to- 
 make such other rules and reiiulations as may he necessary for 
 rarrving the foreiroins: provisions in tlieir true intent into fulli 
 f'it"e<-t, so that tlie sanic he jiot coiitrarv to law. 
 
 CJIAPTKK IV. 
 
 J'HVSICIANS AXn ]»Rr(;(;)STS. 
 
 Skction. Skctiox. 
 
 i:',y,S. "Who may practice luodiciiie. l;j4G. Feualty for illejiul i)raclicf. 
 
 1 ;;.'!',*. Allopathic iledical Boanl. i:U7. Defendant mns^t show authority. 
 
 1340. Duty of the Board. l.'US. Board confined to lis school. 
 
 ll'4]. Temporary license. l.^iO. Licen.se fee. 
 
 1.342. Record of Board evidence. 1350. AVhat physicians e.vcnipt. 
 
 1343. Quorum ol the Board. 1351. Druggist must obtaiu license.. 
 
 1344. Reformetl Medical Board. 1352. Must show his authority. 
 
 1345. Present Boards contiinu-<i. 1353. Who are exempt. 
 
 whonm- ^1838. Anv white person who ha-s received^ a diidoma froiu' 
 riiodirine. aiiv Mcdical Colleije of th^ Confederate Statesyvithout reo-ard to- 
 thescliool, arc authorized to practice to the extent of the powers giv- 
 en in said diploma, suhjcct to the provisions hereinafter set forth.. 
 § 1839. There is estahlishcd in this State a Board of Physicians 
 of the Alloi»athic School. \vh<» liavt- the authority — * 
 
 / /'Authority oc 1- To meet annually, or ofteucr. at the call of any three of" 
 ^^sicL-lns. their nnmher at^sucli ]>lacc in this State as a majority may selecrt) 
 [rr-<«^.^A^ . • Thirty days' notice must he liivcn of annual meetiiiiis. 
 
 *i. To elect all oihcer.- and to till all vacancies. 
 8. To he a hody corp<»ratc, with the right to e.\erci>e all the 
 powers usual in such associations that are necessary r<< their or- 
 ganization, if in conformity to the constitution and law>. 
 
 4. To grant licenses to all applicants who under the law are 
 entitled thereto, and to iix the fee therefor when not fixed hy 
 law. 
 
 i). T(» ])it^crihe a course of reading t(» those who s>tudy medi- 
 cine under private instruction, which shall he ohligatory upon 
 all who may a}>|:)ly to the hoard for cxaminati<in. 
 ii 1840. Jt is their dutv— 
 
 r>uly ot th" •' 
 
 Boardoi { To irnuit licenses to practice to all ohvsicians who in'esent 
 
 ^ • their diplomas without examination. 
 
PT. 1.— TIT. ir).— JPOI.U K JvK<-;UI.ATIOXS, iki. '-!61 
 
 Chapter 4. — Physicians and Druggists. 
 
 2. To (rrant such licenses to all other persons who undergo a 
 -satisfactory examination , 
 
 3. To grant license to practice in any particular branch ot 
 medicine, or to treat any particular form of disease, if satistied 
 upon the examination that the applicant is thns competent. 
 
 4. To grant licenses to apothecaries u])on their standing a sat- 
 dsfactory examination a'^ t^> tlieir knowledge «>f drugs and phar- 
 macy. 
 
 5. To keei» '^ hook in which shall l>e entered tlic names of eve- wmt drass. 
 ry person licensed to practice or vend drugs, and the extent of 
 
 the license, i •- 
 
 §1341. One member of said Iwiard may grant a license U) an iv,„p<,Mry /. 
 
 applicant Qvho has a diplonuQto ]>ractice until the next regular rn^gl^tS*'' 
 meeting of the board, when lie shall report the fact, at which 
 time the temporary license is at aii end. but such a license shall 
 not be granted by a member after the board has refused one. 
 
 §1342. The bc»ok so ordered to be kept, is a book of record, iv.,ns<Tipt of 
 aiul a transcript from it, certitied to by the officer who has it inm,„ipovi- 
 keeyting, under the connnon seal, shall be evidence in any Conrt 
 •of this State. 
 
 S lo43i Seven members of said b(»ard constitute a (luorum for (Quorum of "T^ci 
 
 '- ^^ — ,-^ \ the boanl. —J' - 
 
 the transactH:)n of business, and should a <,pu»rum not be present 
 on a day appointed for its meeting, those ])resent may adjourn 
 from day to day until a quorum is ]u-esent. 
 
 §1344. There is also established a Board of Physicians of the Authority 
 
 and dutv 
 
 Reformed Practice of Medicnie, who have the same authority, of Board of 
 
 Physician*. 
 
 3\nd must j>erform the same duties herein before set forth. ''«<•• 
 
 §134.*). The i^ersons and number of iicrsoiis t-oustitutini;' l>oth present 
 
 » ■ T 1 IT • • 1 • 1 • 1 n i.1 hoards cou- 
 
 ot said boards at the adoption <»t this Code, continue, and all tlietinued. 
 provisions of their respective charters arc likewise preserved, if 
 not lawfully altered herein. 
 
 §1346. Any person who shall practice surgery, or in any man- ivnaitytor 
 ner prescribe for the cure of diseases for fee or reward, in viola- proviMons of 
 
 ,, ., .. ,•!• 1 iniTii 'Ti ''"** chapter. 
 
 lation ot the provisions ot \\\\< cliapter. shall be liable to indict- 
 ment, and on conviction, shall l»e lined not exceeding five hun- 
 dred dollars for the first ofience, and for the second, imprisoned, 
 not more than two months; one-half of the fine to inure to the 
 informer, the other to the Educational Fund of the county. 
 
 § 1347. On the trial of such indictment, it is incumbent on the jjurdonof 
 defendant to show that he has authority under the law to prac- pany in" foT 
 tice physic and surgery, to exempt himself fn»m such ])enalty. ^' ' 
 
262 l-T. 1.— TIT. 15.— PoLicK Regulations, 6zc 
 
 Chapter 4. — Physicians and Druggists. 
 
 Power of §1348. Xeitlier board can license persons to practice in a 
 
 each Doard , ■ -i r j • • i -ji- 
 
 confined to bciiool ot JMcdicine diiierent from tlieir own. Physicians lielono-- 
 live scbooie. mg to a ocliool ot Medicine not re])resented by a Board of Phy- 
 sicians, may practice under their diplomas alone, and if they have 
 none, are liable as thongh they had no license, and \vere required 
 to haye them. 
 LiceBBc foe. g y^^c^ rpj^^ ^.^^ ^.^^^, liccuces obtained on diplomas shall not ex- 
 ceed tiye dollars, and on examination shall not exceed twenty-five 
 dollars. 
 01''^ Spt""' § 135<-^- Physicians who were in practice prior to the twenty- 
 fourth of December, 1847, are exempt from all the in*oyisions of 
 this chapter. 
 •<<«/f.,.iSlJbtein §1351. No person in this State, except a licensed physician, 
 ^ Jhf, f^^ ' shall vend, or expose to sale, any drugs or medicines^) ^yithout 
 ^, rr iirst obtaining a license therefor from one of said boards. 
 
 ^ SSflmuBt" § 1352. Any person violating the preceding section is liable tc> 
 thority!* *°" i^^i^'t^^^"^^ and, on conviction, to be fined not less than one 
 thousand nor more than five thousand dollars, and for a continua- 
 tion after said conviction, to the like fine, and imprisonment not 
 exceeding six months. The onus of proof is upon the defendant 
 to show his authority. 
 frie^tf aie°ex- ^ 1353. Druggists are exempt from obtaining said license, who 
 empt. were engaged in said l)usiness prior to twenty-fourth December, 
 1847, and who continue so, at the adoption of this Code, and 
 merchants or shop keepers may deal in medicines already ]")re- 
 pared, if patented, or if not })atented, are legally warranted by a 
 licensed druggist. 
 
Z^^' — '^■^^' ^^' — CHAP. 5. — Police Regulations, &c. 263 
 Article 1. — Patrol Laws. 
 
 CHAPTER V. 
 
 THI-: GOVERNMENT OF SLAVES AND KRE1-: NEGROES. 
 Article 1. — Patn.l laws. 
 Article 2. — Otlier police regulations. 
 
 ARTICLE I. 
 
 PATROL LAWS. 
 
 SECTiON. SeCTIO.V. 
 
 1354. Patrol Coin.nissionors. 1362. Patrol must keep arms, Ac 
 
 1355. Their oath. 1..6:i. D„,v of patrol.. 
 
 1356. Mu.t organize eo.npanies. 1364. Re,,uimtes of slave's permit. 
 
 ?r« n T' ,"'''''''"' ''^^'''"'- ' ^^'- ^««-^'- «f P^t'-ol «« to searches. 
 
 UoS Defeult 01 otlioer._how punished. i;j60. May seize weapons on slaves, &e 
 
 .,59. I-efaulters to be reported. 1367. When master may arm slave. 
 
 o60. Penalty for opposing patrols. 1368. Free negroes subjeet to patrol 
 
 1. 501. \M 10 are subjeet to patrol duty. 
 
 §1354. TI.e Justices of the Inferior Courts, in the mouth of con,n.ia- 
 JNoveni ,er, annually, and before the tenth day thereof, shall ap-SoI-h:. 
 point tln-ee citizens iii each militia district to act as commission- """*"*''' 
 ers ot patrol; they are to be notified of their appointments, and 
 to be deemed as accepting, and vacancies are to be supplied, as 
 in the case of road commissioners. 
 
 §1355. Such commissioners, within tifteen days after notice ofoathofco.n- 
 appointment, shall appear at the ourt house, and before tJie ""*"""• 
 Clerk of the Inferior Court, take an oath, faithfully to dischar-c 
 their duties, M-liich fact said Clerk shall enter on his minutes " 
 
 §13o(>. They shall also, within five days from their qualifica- sba.i .a.e 
 v.ion, make out a list of all persons in their several districts liable SSp.^,' 
 to do patrol duty, and organize from said lists two or more com- 11 i! '""''" 
 l>anies, not having more than ten in each companv, and shall lav 
 ofT said districts into as many divisions as they shall organize^ 
 companies, assigning to each company its division, makinrr a re- 
 cord ot all such in a book kept for that purpose. No companv 
 shall be compelled to i.erform patrol duty out of its division, un- 
 less called on to «id another companv, when needin<r it 
 
 §1357. They must select some discreet person as Captain, from „,.„, 
 and tor each company, who shall be of good moral character, and -r^^Z";- 
 not less than twenty-five years old, who must be notified of his-;-^r" 
 appointment m writing, within .ten days after it takes ~])1 ace ;'"'"'"'■ 
 
264 PT. 1.— TIT. 15.— CHAP. 5.— Police Keglj.ahu.n.-., ct. . 
 
 Article 1. — Patrol Law3. 
 
 siicli notice must be accompanied M'ith a list of tlie persons be- 
 longing to liis company. A notice of one day to a member of a 
 
 * company, verbally or in writing, of the time and place he is re- 
 
 quired, is sufficient, but in cases of emergency he shall go in a 
 shorter time, and immediately, if so required. 
 
 ivnaiiy lor § 1358. If auv Commissioner fails to discliar2c the duties re- 
 
 defaultof :,.,.'., , i • "^i -, ,. ■, . 
 
 commission- (juired «>t luni, Avitliout goocl excusc. to be ]udged of by such 
 -histices, he shall be lined not e.xceeding one hundred dollars, for 
 such failure. If the captain t»f a company thus fails, he shall l>e 
 fined by the commissioners not exceeding twenty-tive dollars for 
 evei'Y such failure. If any member of a company fails to attend, 
 after notice, at the time and place designated, armed and equip- 
 ped as directed, or evades his duty, or is insubordinate, or deports 
 himself insolently to the ca])tain. wliile on duty, <>r otherwise vio- 
 lates the patrol law, he shall be fined not more tlian ten dollai'B 
 for every such failure or offence. 
 
 Captains ^1351.*. The captains shall reytort all delinciuencies to the corn- 
 
 must report .". .■,. i-ii 
 
 rtc-fauiters. missioncrs. Within twenty days after they occur, which shall be 
 heard and determined by them in the same manner as road com- 
 
 Kincs— how "lissioners do in case of defaulters. All fines collected, after pay- 
 
 disposed 01. -j-jg. expenses, if any, shall be paid to the Educational Fund of 
 the (county. 
 
 Penalty for §1360. If anv persou shall, l»v force, or otherwise, oin)ose any 
 
 opposing ■ ^ ' , V • 1 1 1 
 
 patroUom- patrol coiupaiiv, or anv meml>er of one, Avhile enn'ao'ed in lawtul 
 
 pmies in -^ ^ i t*^ 
 
 discharge of dutv, or prevent, or endeavor to prevent, anv search or examina- 
 tion l)eing made of any house or place, where it may be reasona- 
 l)ly suspected that any negro liable to l)e punislied, or apprehen- 
 ded, may be concealed, oi- shall annoy or menace such company, 
 or its members, Mdiile in the perfoi'inance of patrol duty, he is 
 subject to indictment, and, on conviction, shall l»e fined not ex- 
 ceeding one hundred dollars; for a second offence may be im- 
 prisoned not exceeding sixty days, as well as fined. 
 Who an- §1361. All male wdiite persons between the ages of sixteen and 
 
 pat?ofduty. sixty are subject to patrol duty, (unless specially exempted,) and 
 shall, by themselves or by substitute, perform patrol duty. Per- 
 sons exempt from road-working are exempt from patrol duty, ex- 
 (•ept in cases of emergency, when all persons are subject to the 
 call of the captain or commissioners. 
 I'atroimust §1362. A pcrsoii so subject shall keep always in readiness, and 
 and^ammu- caiTy witli him, ou servicc, one good gun or pistol in order, to- 
 o-etlier with at least six rounds of ball-cartrido;es. 
 
PT. 1.— TIT. i:..— CHAF. :>.— Police REGULAxroxs, &.■. 265 
 
 Article 1 — Patrol Laws. 
 
 §1368. The patrols shall examijie the plantations in their cli-i>utrofpat- 
 Visions at such tunes as their discretion may dictate, but at least 
 •one day or night in fifteen ; shall take up all slaves they see ott" 
 their master's premises, if they know them, and when thev do 
 not knoAv them, or they are not (»n such premises : all slaves with- 
 out the fences, or outside the limits of an incorporated town, who 
 have not some permission in wricing to be alisent. or some other » 
 
 writing or evidence showing the reas(>nablcnes> of the absence, 
 or M'lio lune not some white person in com]>any, or who can give 
 no good account of themselves. They shall correct such slaves by 
 whipping with a switch, Avhip or cow-skin, not exceeding twentv 
 lashes, and in such a manner as not to injure or permanently 
 mark liis Ixxly. Ff the slave is insolent or unruly after such 
 ■chastisement, the patrol sliall carry him to his master or emplov- 
 er, and all further ■\vhij)piiig shall be in his presence. If he re- 
 fuses to allow him whipped, he shall be carried to a Justice of 
 the Peace, and all further whij^])ing sluill be under his direc- 
 tion. 
 
 §1364. A ]»ermit to a slave sliouhl sj)ecifv the place or places ^.j^^^^, 
 where he is allowed to visit, and the length of time he is per-^^'*^'^* 
 mitted to be absent. No permit shall extend over a greater 
 length of time than one month. A slave at the house of his wife, 
 by permission of her master, needs no ]>ermit. A free person of 
 <'olor needs no permit in the day time. 
 
 § 1365. The patrols have the poAver to search and examine allp^^yprof 
 negro houses for oftensive weapons and ammunition, and, on^"*™'*- 
 finding such, sliall proceed according to Uim-. They may pursue 
 any fugitive slave who avoids them by hiding or running into 
 any dwelling, or if they shall hear of any such being harbored in 
 any dwelling of any white person, they shall first ask leave to 
 search of the person in charge, if any, or to deliver up said slave, 
 and if said person shall refuse to grant either, they, if they have 
 seen such slave enter, or know that he is there, may enter therein 
 and take him. The ])erson refusing such permission, if the slave ivnaity for 
 is found, is subject to indictment, and. on conviction, may be search rer 
 fined not exceeding one hundred dollars. 
 
 §1366. On finding any weapons, or accoutrements, or ammu- ^-itroi ma^ 
 nition, in any negro-house, or on the person, or in the possession onT&T.^*^ 
 of any slave or free persons of color, contrary to law, such patrol 
 may seize and take away the same : but before the property shall 
 
26<5 PT. 1.— TIT. ir..— CHAP. 5.— 1\.lick Kegulatk.ns, Arc 
 
 Article 1. — Patrol Laws. 
 
 be vested in the person seiziiiL'. lie shall cause the same to be for- 
 feited, as is elsewhere ]M-ovi(]ed in this Code. 
 wbcninas- ^ 13(»7. NothiniT in this Code sliall he construed to deny to any 
 
 WT may arm _ " _ . .m_i 
 
 i:8 6h.ve. master the riijlit, in time of iiivjision or insurrection, in ^ood 
 faith, to arm his trusty shue for tlic defence of himself or his 
 property. 
 
 Freopirsons §1368. xVll the proyisioiis i)f the ]>atrt)i law. in this Code, shall 
 
 «f color sub- 1 ,• 
 
 i^p^ttopat- a])p]y to tree i)ersons of color, unless specially excepted. The 
 permission of the guardian is substituted for that of the nraster. 
 
 ARTICLE II. 
 
 OTHER l^)LICi-; RKCULATIOXS. 
 
 Section-. Skctiox. 
 
 i;5G9. Unlawful asseinblies ot"sla\-e«. 'i'M'-^. Property on slave — how daiiiied. 
 
 1370. How dispersed. i:'.74. Any one may diastiiJC slave, &c. 
 
 1371. Certain officers liave patrol powers. ^■'''^>- Penalty ap-ainst masters, kc. 
 
 1372. Defaultin.n' officers — liow punishcu. 137<;. Slaves, kc. ni;iy not ])reacli. 
 
 Assemblies §13(39. No Congregation or L-ompany of slayes, exceeding sev- 
 &e., aocoin- cii males in number, shall, under any pretence, except for Divine 
 
 paniedby , . i i i i • i' j- • i 
 
 white p.r- worsLip, assemble themselves outside ot any incorporated town, 
 and then they must be under the control and presence of as many* 
 as live citizens of the neighborhood, except slaves who may as- 
 semble on their masters' premises when he or his overseer is 
 present. Other slaves, by their masters' permission in writing, 
 may also join in such assemblies. 
 uniawfiii §1'>T<>. Every .Justice of the Peace, u])on his knowledge or in- 
 ofs^iavcR^ formation from others, may go in j)erson, or l>y warrant, directed 
 pe^ed^ to any officer or private person, or both, and command the assis- 
 tance of other ])ersons to disperse any assembly of negnjes which 
 may disturb, endanger the safety, or excite the apprehension of 
 the community. Every negro taken at such assend)lages may, 
 by special order of said Justices, be corrected, without trial, by 
 receiving, on the Ijare back, not more than twenty lashes, with 
 the instrument allowed to be used by the patrols, and in the same 
 manner. 
 Ccrfciin oiii- §1^^1- l^nch oilicers or persons may be also specially empow- 
 iJlTwith'pat-ered, by a Justice of the Peace of the district, under warrant, to 
 roi pow.rs. j^ whateyer the patrol may do, and t(j bring offenders to a speedy 
 trial. ,. n 
 
PT. 1.— TIT. 15.— CHAP. 5.— Police Regulations, &c. 267 
 
 Article 2. — Other Police Regulations. 
 
 § 1372. If anv officer refuses to execiTte sueli warrant, or other omen or 
 
 o € otncrs re- 
 
 person refuses to assist said officer wlien required, such officer orfusjng^to^ 
 person shall forfeit a*ul pay for each offence twenty-five dollars, ™ons^sub-^ 
 to be recovered as in other actions of debt at the instance of the 
 informer. 
 
 §1373. If such property or any goods shall be so seized which how prt.per- 
 is the property of another, they shall be restored on the claimant ioun<i on 
 
 - . , , ■ , slave may be 
 
 making this oath : restored. 
 
 '' I swear that I have just right to certain ju-operty or goods 
 (describing them) seized by a certain person, naming him, out of 
 the possession of a slave named (naming him") and that I did not 
 directly, nor indirectly, permit said slave, nor any other slave, to 
 keep or employ the same in violation of the law. but that they 
 came to the possession of said slave (stating the manner.)""' 
 
 §1374. Any person may take up any negroes that shall be Any person 
 found out of the plantation or place where they belong, or incor- and chastise 
 porated town where they reside, acting unlawfully, or under 
 suspicious circumstances, and if found with an offensive weapon 
 shall take the same away, and if the negro is insolent, or refuses 
 to answer, may whip said negro as the patrol may. 
 
 §1375. If any master, overseer, or employer shall permit hisp^^^,,^. 
 slave to carry arms contrary to law, or shall suffer any illegal tfr'afio^np 
 public meeting, or unlawful feasting of slaves, not his own, 'vvith- nbertlcs.X. 
 out the permission oi' their owners, or under his charge, on his 
 plantation, or c»ther home, he shall forfeit for each offence ti^e 
 hundred dollars, one half to the informer the other half to the 
 Educational Fund of the county. 
 
 §1370. It shall be unlawful for any church, society, or other ^j^^^.^ j^^^^ 
 body, or any persons to grant any license or other authority to shaii"nft'*be 
 any slave or free person of color to preach, or exhort, or other- |;,^,!",°*,J*^^ 
 wise officiate in church matters. 
 
 CHAPTER VI. 
 
 TAVKRN AND RETAIL LICEXSKS. 
 
 Sbctiox. 
 
 1377. Retail license — how obtained. 
 
 1378. Oath of other venders. 
 
 Sbctiok. 
 
 1380. License by corporate towns. 
 
 1381. Fnrnishing liqnor to one drnnk. 
 
 1379. Retailing^-contined to one place. | 1382. "Retailer" defined. 
 
 License to 
 uor* 
 
 §1377. Persons before obtaining license to retail spirituous retail liqm 
 liquors, must apply to the Justices of the Inferior Court <tf thetained. 
 
-268 FT. 1.— TIT. 15.— Police KK..uf.ATi(>.N>>, *to. 
 
 Chapter 6. — Tavern and Retail Licenses. 
 
 c'ountv in which they dei^ire to retail, who have power to grant 
 
 or ret'iibC sucli applieati(»n. AVlien sucli application is granted 
 and entered on the niinntes, tlie applicant shall execute a bond, 
 with sufficient security, in the sum of tiA'e hundred dollars, pay- 
 able to such Justices, conditioned to keep an orderly house, and 
 to abide faithfully l)y the oath to be taken by him, which bond 
 shall be taken and approved by the Clerk of the Inferior Court, 
 tiled in his office, and recorded in the book kept for that purpose. 
 Any person aggrieved may bring suit on such bond. Licenses 
 granted in any other way are void. They shall, also, at the 
 same time, before said Clerk, take and subscribe the following 
 oath : 
 
 "I swear that I will not, during the next succeeding twelve 
 months, sell, barter, give, or furnisli to any slave, or free person 
 of color, any (juantity of spiritnous or intoxicating liquors with- 
 out the consent of the owner, overseer, or employers of such 
 slave, nor without the like consent of the guardian of such free 
 person of color, nor to any minor without the consent of his or 
 her parent, or guardian, or employer, and that I will not allow 
 any other person to do so for me with my knowledge or consent. 
 So help me God.'" 
 Oath of V.I,- §1378. Bv the lirst dav in June in each vear, and annuallv 
 
 •iers of li- , " ■ . ,. . . "^ 1 . 1 , ' 
 
 qnorsiess tlicreaiter, venders ot anv ciuantitv oi spirituons liquors less than 
 Ion. oue gallon, shall take and subscribe the toregoing oath, and upon 
 
 neglecting to do so they ai'e subject to all the penalties of re- 
 tailei*s without license. 
 •Sale of li- §1379. Such licciises do not authorize the persons to whom is- 
 ^edtoone sucd to retail at more than one ]dace in the county, which place 
 ^ *^^" must l)e stated in the license. Different licenses are necessary for 
 
 different places. 
 corpoi-ut/ §1380. Said })rovisions do not not apply to any cori)oration, 
 ;?rantiiccn8»- town or city, wliicli bv charter have power to grant licenses, pro- 
 vided, the fees for licenses are at least as much in said city as are 
 required by law in the county. 
 Retailer § 1381. A retailer of spirituous liquors shall not sell or furnish 
 
 to one^who^is Hquoi's, ill any quantity, to any person who is at the time intoxi- 
 cated or drunk ; and for violating this provision, he shall not on- 
 ly be liable to all the penalties for retailing without a license, but 
 he shall not recover by law for any spirituons liquors furnished to 
 such |)erson during the cnrrent year. 
 
l^T. 1. — TIT. 15. — Poi.icK Kbgulatiuns, cVrc 269 
 
 Chapter 6. — Tavern and Retail Licenses. 
 
 f ^1382, The sale of such liquors in quantities less than one who is a re- 
 quart, iitake.-^ the selU'r a retailer. ''"'^''' 
 
 r 
 
 ^ CHAPTER VI J. 
 
 KSTRAYS. 
 
 SRaiO.N. 8KCTI0N. 
 
 ]38;5. Who iniiy uike u)) cstniys. ' 1:589. Kstniys— liow rorhijniod. 
 
 ^84. Kstniys—liow disposed of. i:«90. Trial of eonllictiuf-- claims. 
 
 1:585. Advcrti.sonieiit of estrnys. 1391. Expense of estrays. 
 
 < l-5«t"'. Siileofostrays. i;502. DefauUoftaker up— howpiinislio.l, 
 
 inST. May 1k' sold on fireliold — when. i;5r':;. 8i<»i,r liorsos may be t^eldcd. 
 Kiss. Procerds of sale — liow disposed of. , 
 
 § 1883. Any |)er.sun may. upon his own freeliuld or the hio-h- 
 
 ,1 I ... . ^ Who may 
 
 way tiici-eto, or benig- m charo-e ot one, and not elsewhere take ^''''*^ "p *"*'- 
 
 11 J.* * 1 ' 1 ' travs, 
 
 up all estrays ot annuals ol a domestic or useful nature either for 
 their labor or tlesh. 
 
 § 1384. The taker-up shall. Nvithin live days, exhibit said animal Ksuav,- 
 to two freeliolders of the militia district where taken up, who cZf.'"'''"'" 
 shall take down in writing a particular description of its marks, 
 natural and artilicial, brands, stature, age and color, and annex- 
 thereto their appraisement of its value, which description and 
 appraisement shall be by tlie taker-up, within live days more, 
 lumded to the Clerk of the Inferior Court of the county. He 
 shall at the time of handing the same to said clerk, make an affi- 
 davit before him that the marks and brands of said estray are cor- 
 rect, and have not been altered .»r di.siigured, to his knowledge. 
 since he took it up. 
 
 §1385. Such clerk shall theu copy said appraisement, descrip-,,, , , „ 
 tion and alhdavit ni the e^trav book, and advertise substantiar^P^'^''''- 
 
 ,. ,1 J. '''*"-^""^ vertise ap- 
 
 copies ot the two lirst named at the door of the court house for J^f-'^'^r'^^v"** 
 sixty days at the place of holding Justices' Court of the district, ' ' ™''' 
 where taken up, and in the public gazette wliere the sheriff of 
 the county advertises his sales. 
 
 § 1386. If by the end of that time, property is not proven and y,,,,^.,_ 
 taken away, the Sheritf of the county shall advertise and sell said iff""''^^ ^^'^ 
 estray as he does property under execution, stating it to be an ^ ' 
 estray and its appraised value. 
 
 §1387. If the property is not of sufficient value to pay the ex- w, 
 
 ,,-,.K>.^, 4.' "J T • 1 --., , t -^ Whin an es- 
 
 pensa. Ot said proceedings, said Clerk may ordei- it sold bv the^^tLTfb^' 
 vShenff atter ten dfuv notice on the freehold where taken up, h„t '''■'^''"'''- 
 
270 PT. 1.— TIT. 15.— Police Kegulations, &c. 
 
 Chapter 7. — Flstrays. 
 
 the ov/ner. 
 
 Oonrtiotin" 
 
 he sliall make the advertisement in writing and have one inser- 
 tion made in snch public gazette. 
 Proceeds of §1388. Tlic purchasc money, after deducting all lawful expen- 
 dls^edof. ses, shall he paid to the treasurer of the Educational Fund of the 
 county, to he paid to the owner of the estray, if property is pro- 
 ven therein within twelve months. 
 How an os- ^ 1389. Property may l)e proven by an affidavit of ownership be- 
 recLme'.ibyfore tlic clcrk of said Court, and the tiling with him bond and se- 
 curity in double the appraised value, payable to the Justices of 
 the Inferior Court, conditioned to answer any demand' thereon 
 that may be proven against the obligor within two years. 
 
 §1390. If more than one person claims said estray before de- 
 tried!^"^"'^ livery is made, or a counter affidavit to a claim is filed by any per- 
 son, an issue shall be made thereon and tried by a jury in the 
 Inferior Court, with privilege of appeal. 
 p^xpensc of §1391. Tlicrc sliall be no expense for keeping estrays, but the 
 Md^ifeeping takcr-up must be paid five per cent, upon their appraised value 
 f'strajb. .^. ^^^^ ^q[([^ qy if sold, the same per cent, upon the sale, and shall 
 have the use thereof free of charge. If the owner disputes the 
 appraised value, he may sell the estray after five days' written no- 
 tice at the court house, and the taker up shall have it there for 
 that purpose. He shall always deliver the estray on tlie order 
 of the Clerk of the Inferior Court, upon the payment of his fees. 
 Penalty § 1392. Tlic takcr-up is liable to the county or the owner, as 
 
 kf r-up! tv the case may be, in five times tlie value of the estray ; if after 
 'ippraishU', taking it up he fails to have it appraised and returned, or forth- 
 coming, according to law, providential causes only excepted, and 
 if he appropriates it to his own use, and fails to pay said forfei- 
 ture after demand in writing by the Clerk of the Inferior Court, 
 he is o-uilty of a misdemeanor. Suit may also be brought either 
 by the owner or county for the same. He is liable in like man- 
 ner for any damage caused by wilful abuse or neglect of the 
 animal. 
 stone horses §1393. If any stone horse above eighteen months old shall be 
 h"rge^may be fouud runuiug at large, it is lawful for any person to take him 
 gelded. ^^^ ^^^ ^^-^^ j^.^^ before the nearest Justice of the Peace, and by 
 permission of said Justice, may geld the same, taking care that 
 it is done by a person competent to do so, and that the horse is 
 properly cared for afterwards ; the expenses of which shall be 
 paid by the owner. 
 
 &• 
 
PT. 1.— TIT. 15.— Police RE(iULATioNs, (fee. 271 
 
 Chapter 8. — Marks ami Brands. 
 
 # 
 
 CHAPTER YIII. 
 
 MARKS AND BRANDS. 
 
 Section. 1 Section'. 
 
 1394. Record of murks and brands. | 1397. Markincr to be done — by whom. 
 
 1395. Recorded mark preferred. | 1:593. ChangL- of recorded mark. 
 
 1396. Oldest record preferred. 
 
 §1394. All persons having marks and brands on cattle, or otli- ^j^^^, ^„j 
 er property, in this State, shall have them i-ecorded by the Clerk ^""eeoMeS 
 of the Inferior Court of the county where the owner resides, or, 
 if a non-resident, where the property uses, in a book kept by him 
 for that purpose. 
 
 §18th"). If property shall be in dispute l)etween one whose rreforencp 
 marks and brands arc recorded, and one whose are not, both hav- one^having 
 ing the same mark and brand, and such property is found in thebrandVre- 
 possession of him whose marks and brands arc recorded, the par- 
 ty claiming cannot get possession of the same, but must sue, and 
 prove property and damage. 
 
 §13y(i. When two or more persons have the same marks and owest rc- 
 brands, and both are recorded, the j^^'^^na facie right is with the ^.rcfe^e^cc. 
 older record. 
 
 § 1397. Marking and branding shall not take place, except by Marking &c 
 or under the supervision of some competent white person, on |,y^^^jj|t"° 
 pain of forfeiting lifty dollars for each violation, to be recovered p^"°°' 
 at the suit of the informer, who shall have one-half tlie recovery; penalty for 
 the other half goes to the Educational Fund. mo aw . 
 
 § 1398. Marks and l>rands once recorded shall not be changed, Marks, Ac, 
 so as to be of any avail to the owner, without leave is first grant- "hanged* 
 ed by the Justices of the Inferior Court, and a minute made Z^^y^^^ 
 thereof. 
 
 CHAPTER IX. 
 
 EXCLOSURKS AND FENCES. 
 Section. I Section. 
 
 1399. Requisites of a fence. 
 
 1400. Of other enclosures. 
 
 1401. Owners of stock — \vh(?ii hable. 
 
 1402. Stock may be killed — when. 
 
 1403. Poisoning crops. 
 
 1404. Water courses deemed fences. 
 
 § 1399. All fences or enclosures, commonly called worm fences, what is » 
 shall be five feet high, with or without being staked and ridered, 
 and from the ground to the height of three feet, the rails shall 
 
272 PT. 1.— TIT. 15.— r..j.icj; Hr.uvuxnvs^, ^c. 
 
 Cliapter 9. — Enclosures and Fences, 
 
 not be more tlian four inches apart. All paling fences shall be 
 live feet, from tlie ground, and tlic ])ales not more than t\v(» Inch- 
 e.-^ apart. 
 Enclosures §140(». Auv cuclosurc, luadc Itv means of a ditch or trench, 
 \c. *' "'■ shall be three feet wide and two feet deep, and if made of both 
 fence and ditch, the latter shall Ite four feet wide, and the fence 
 live feet liigh from the l)ottom of the ditch. 
 AVhouown- §1-1-'*1- If any trespass or (h\mage shall be committed in any 
 fOT trespass, enclosure, not being protected as aforesaid, by the breaking in of 
 any animal, the owner of such animal sliall not be liabl'e to an- 
 swer for the trespass, and if the owner of the enclosure shall kill 
 or injure sncli. in :my inanncr. lie is liable in three times the 
 damage, 
 •whcuown- §1402. When fences arc made, ])ursuant to law, and anv ani- 
 
 ers of en- ^ _ ^ , . ^ . 
 
 piosuresmay nial breaks in, the owner of the enclosure shall not kill or iniure 
 
 kill stock ^ ... 
 
 'areakin^' in. Jiin^ {qy xhe first breaking, and not until after notice is given to 
 the owner or agent, if i>ossible, l)ut said last mentioned 4»wner 
 shall be liable for double the damage done by his stock. 
 
 Poisoning §1403. If stock is killed or injured from poisoning crops, or 
 (jtlier poisoning upon tJie premises, the presumption is, that it 
 was done by the person in possession and charge of the same. 
 
 When waur §1404. All Water courses that are. or have been, navio-able, as 
 
 courses are . . . , i , . , ^i n i 
 
 neemcd fen- far as uaNiffatiou has ever extended up said streams, shall be 
 
 res. ~ 
 
 deemed and considered fences, whenever, by reason of freshets or 
 otherwise, fences cannot be bept on said streams, and shall be 
 ^ubject U) the rules a])]dicable to other fences. 
 
 Oil AFTER X. 
 
 FlRINd THK WOODS. 
 
 Section. Skction. 
 
 1405. "Woods may 1)0 lirotl — wlicii, .ti'. 1407. Penally Cur liriii^ wilhoul notice. 
 1400. Notice must 1)0 ^iivL'ii. 1408. Woods catoliin;;- lire liy negligence. 
 
 Wii.n, au.i § 1405. No pci'sou but a residciit of the countv where the liring 
 
 by whom , '^ • i i i • i • -i i i " • ^ r- 
 
 woods may ig douc, ownin<»" laiKis therein, or domiciled thereon, outside oi 
 
 any town meoi'poration, shall set on nre any woods, lands or 
 
 marshes: nor shall such persons, except betwc(Mi tlie twentieth of 
 
 February and the first of April, annually. 
 
 ocefirin;: §1400. When sucli persou shall dcsirc to set lire within said 
 
 f,iv€ notio,-. time, he shall notify all persons, who occu])y lands adjoining hira 
 
FT. 1.— TIT. 15.— Police liEciULAXioNS, &c. 273 
 
 Chapter 10. — Firing the "Woods. 
 
 by residence thereon, or cultivation, or enclosure of any portion 
 of the tract or H^ettlenient, of the day and hour of the firine; at 
 least one day prior tliereto ; such notice need not be given if, on 
 a sudden emergency, due caution should rcfinire tiring to render 
 one's premises safe. 
 
 ^1407. Anv person setting tire in violation of the two prece- ivnaity tw 
 
 ,,*■ . *,.. , , T1111 1 -ix' setting fire 
 
 ding sections, torteits tive hundred dollars, ii]>on the suit ot any withoutno- 
 inforiner — the one-half to him, the other to the Educational Fund 
 of the county, and is also liable for the actual damages any ])er- 
 soii may have sustained. 
 
 §140S. Persons, either by themselves, slaves or agents, who ivnaity foi> 
 permit lire to 2:et into the woods, lands or marshes through neg- woods 
 lect, are within the meaning ot said sections. 
 
 CHAPTEli XI. 
 
 MILLS AND ^flLLKRS. 
 
 Section. Section-. 
 
 1409. Grain — in wlial order i;roiiml. 141]. " Public Mills" detined. 
 
 1410. Penalty lor lailnre. 
 
 §1409. All owners or occupants of mills shall well grind all diaiu to be 
 •lean and dry grain, and in due turn, as far as ten Inishels in thetum"' ' 
 turn, as the same may be brought, and may take for toll one- 
 eighth part thereof. 
 
 §1410. Every such person who shall not so grind, except in ivnaity tor 
 time of drought, or for other sufficient cause, or not in due turn, accwdins t^' 
 c»r take or exact more toll, shall forfeit and pay, for each offence, 
 to the party injured, twenty dollars ; jn'ovlded, such miller may 
 do his own grinding first. 
 
 ^1411. All grist mills, Avhich grind for toll for any person, are^vhatiuo 
 public mills wltliin tlie meaning^ this chapter. public miiu. 
 
 CHAPTER XII. 
 
 tiUXPOWDKR. 
 
 ■Section. I Section. 
 
 1412. Transported guui)0\vder, ito. | 1414. Keeping gnnixiwder, ic. 
 
 1413. Penalty for not marking. ' 
 
 §1412. All owners, agents, or Others who have any gunpow- o.uupowder 
 der, more than five pounds, transported upon water, railroad ormark^'d. 
 18 
 
374 
 
 PT. 1.— TIT. 15.— Police Kegulations, &c. 
 
 Chapter 12. — Gunpowder. 
 
 otlierwise, shall have the word ffunpmrdci' marked upon each 
 package so transported in larire letters. 
 Penalty for §1418. Gimpowder traiispoi-ted in violation of said provision, 
 
 transporting' r, ,, ^ ■,.■,-, , . !,.,•• i im i 
 
 gunpowder siiall bc liable to seizure and torieitiire by any otticer who mav 
 
 contrary to . . , .l> i 
 
 law. ■ execute a crinnnal warrant under Avarrant tor tliat purpose, is- 
 sued by any officer M'ho may issue such tirst named warrants — 
 one-lialf of the same to go to tlie informer, the other half to go 
 to tlie Military Fund of the State, after public sale. Ijy order of 
 the officer issuing the warrant, or one of like power. 
 
 §1414. The several incor])f>rated towns or cities of this State, 
 within their corporate limits, and the Justices of the Inferioi' 
 Court within their respective counties, out of said corporate lim- 
 its, have authority to make and enforce all needful rules and reg- 
 ulations touching the keeping of gunpowder so as not to endan- 
 ger the lives and property of the citizens. 
 
 Rcjrulutiiin; 
 forkeepini,' 
 fTunpowdi 
 Ac. 
 
 TITLE XVI. 
 
 RPXU^LATIONS f»F ACrRKTITUHK. TKADK AND OOMMERCK. 
 
 CHAPTEK I. 
 
 BANKS AND BANKING. 
 
 Article 1. Bank Returns. 
 
 Article 2. Obligations and Penalties. 
 
 Article ?>. Forfeiture of Charters and Fiiabilitv of Stockholder. 
 
 AKTICLE T. 
 
 BANK RKTURN8. 
 
 SeCTIOiV. 
 
 1415. Bank ivUirns — liow made. 
 
 1416. Contents of returns. 
 
 141'(. Oath of officers .^liall Ix- annexed. 
 
 Section'. 
 
 1418. Exjien.se of advertising. 
 
 1419. Bank refusing to make returns. 
 
 1420. False affidavit perjury. 
 
 Call for bank §1415. It is tlic duty of the Governor, twice in each year, to 
 
 beadvertis- advertise for at least tw^o weeks, in a public gazette at the seat 
 
 emor. °^ of govemmeut, a call upon every banking institution of thie 
 
 State, and branchthe reof, to make returns to him, under the oathe 
 
 of their several Presidents and Cashiers, of their respective con- 
 
PT. 1.— TIT. 16.— CHAP. 1.— AoKiciLTURE, Trade, &c. 
 
 Article 1. — Bank Returns. 
 
 ditionfi, at a time to be specified in such udvertiseraent, and to 
 transmit tlie same to him within tliirty days from said dates. 
 
 §141(). Such returns shall embrace — c<>ntenteof 
 
 ihcreturoB. 
 
 1. Tlie names of the Presidents and Directors, and a list ot the 
 stockholders on the day of the reijnlar weekly meeting, of the 
 President and Directors next preceding the date of his requisi- 
 tion. The list of stockholders may be given but once a year. 
 
 2. Tiie amount of stock owned by each individual or company, 
 and the amo\mt of money actually paid in on each sliare. 
 
 ■K The amount of bills on other banks of this State, of goUl, 
 silver and bidlion, in their vaults. 
 
 4. The amount of debts duo them, within and without the 
 State. s<t <1esignating them, wliich mav l)e derusminated specie 
 funds. 
 
 ."), Tlie active or running paper, tlie amounts in suit under j>r(i- 
 test, and not in suit, clearlv statins; what amount of all such debts 
 is good, what doubtful, what bad, and what lost. 
 
 <*>. The amount of bills in circulation, the amount on dei)Osit, 
 and the highest amount due and owing by each bank. 
 
 §14-17. The original oaths aforesaid shall be annexed to said oaUi of offi- 
 
 .,',. . , , cors to be 
 
 returns, statmg tliem to be pist anil true, and moreover, that annexed to 
 
 1 1 "^ , . ' • 1 1 11 !• n> returns. 
 
 Since tlie last return, tlieir res]>ective lianks, to the i)est ot atti- 
 ants' knowledge and belief, have not violated nor evaded any ob- 
 ligation im])osed by law, either by itself, its officer, or agents. 
 
 ^1418. The banks are required to publish their several reports j.^xp^nso of 
 in some public gazette of this State, at their expense, and on fail-Lbrwhom 
 ing to do so, Avithiii thirty days, it is the duty of the Governor^'"'' 
 to make public ad\'ertisement of the fact, and to order all collec- 
 tors of the ])ublic money to refuse to receive their bills. The 
 Governor shall also ])ublish the reports, the cost of which the de- 
 faulting banks shall be bound for, as a tax levied, which shall be 
 collected by execution issued by the Comptroller General. 
 
 § 141i>. Any bank refusing to make out and return said reports, ivmuty for 
 as required by law, forfeits and pays to the State a tax of two retu™'!"""^' 
 per cent, per month, upon their capital stock, troni the time of 
 such refusal, to be levied and collected by execution, at the end of 
 each month, by the Comptroller General; the bills of said banks 
 shall likewise not be received, as prescribed in preceding section. 
 
 § 1420. Perjury may be assigned on such affidavits, and the ^.^isu aaida- 
 uame of a person signed thereto, authorized to administer an r^' ^'* p*"^"" 
 oath, shall be evidence of the swearing. 
 
276 PT. 1.— TIT. 16.— CHAP. 1.— Ageicdltuke, Trade, «kc. 
 
 Article 2. — Obligations and Penalties. 
 
 ARTICLE II. 
 
 OBLIGATIONS AND PKNALTIK8. 
 
 Sectkiv. Sectiox. 
 
 1421. rrohibilious imposed ou banks. 1428. Violatin.t;- No. 7 of section 1421. 
 
 1422. Qualification of section 1429. Obligations inipcsed on banks. 
 
 1423. Certain contracts void. l-l-'if*. Violating No. 1 of section 1420. 
 
 1424. Violation of No 3, section 1421. M,")!. Proceedings for such violations. 
 ]42r). Violation of No. 4 k 5. sec. 1421. 1432. Violating No. 2 .t 3 of sec. 1429. 
 142<;. Proof prescribed. I 1433. The term bank — what it includes. 
 1427. Violating No. 6, section 1421. 
 
 Prohibiuons ^ 1^21- The banks of this State shall nut— 
 
 Kb.^'*'"' 1- ^oan money, directly nor indirectly, on any note, bill, draft, 
 
 or contract of any sort, at a <i-reater rate of interest than scA-en 
 
 per cent, per annnni. 
 
 2. Disconnt or purchase any paper or debt at a greater dis- 
 count than said rate. 
 
 3. Sell any kind of exchange, except sight checks, or demand 
 or receive for exchange, in or out of this State, of any citizen 
 thereof, a greater premium than one per cent, upon the amount 
 of exchange sold, when the bills of the bank from which the ex- 
 change is sought are presented at its counter in payment thereof. 
 
 4. Issue paper or promises to pay, intended to be used as mon- 
 ey, redeemable otherwise than with gold or silver coin, at the 
 standard value thereof. 
 
 5. Issue such pa])er, or pay, or tender in payment, any paper, 
 payable at a greater length of time than three days from the date 
 thereof. 
 
 6. Issue, pay away, or circulate any l)ank bill, note, ticket, or 
 paper, of the nature or appearance of a bank note, meant for cir- 
 (.'ulation, of a denomination less than five dollars, with the excep- 
 tion that all solvent and specie paying banks may issue small 
 bills of the denominations one, two, three and four dollars, to an 
 amount not exceeding twenty per cent, of their capital stt)ck, to 
 be computed as part of their circulation. 
 
 7. Issue bills beyond the amount specified in their charter. 
 Quaiiiicauon § 1422. Xotldug in tlic foregoing shall be so construed as to 
 i'nrsp^dUoD. restrict the bank to said rate, in the discount or p^irchase of for- 
 eign bills, either of which may be done at their true market val- 
 ue, provided, the rate of discount is not greater than seven per 
 cent, per annum, with the rate added of the cost of transporting 
 specie from the point at which the bill of exchange may be pa};-- 
 
PT. 1.— TIT. 16.— CHAP. 1.— Agriculture, Trade, &c. 277 
 
 Article 2. — Obligations and Penalties. 
 
 able, to tliat at which it was discounted or purchased, and that 
 the said foreign bill is a honajide coniinercial ])ill, and not a loan 
 or accommodation bv tlie bank ; and that tlie exchange is legiti- 
 mate commercial exchange, and tlie transaction not in fact a loan 
 or accommodation in whicli the law is attempted to be evaded 
 by resorting to the form of a bill of exchange, foreign bill or 
 <lraft. 
 
 § 142o. Every contract, note, bill, ch*aft or paper, made in vio-^j^^ruin con- 
 lation of the provisions of numbers 1 and 2 of section 1421, and v"d**' *''• 
 of the next succeeding section, are declared null and void. 
 
 §1424. For a violation of number 3 of the same section, the penalty for 
 person paying the premium may recover three times the amount lliHomot^ 
 of the excess by a summary proceeding before any court having*""^ "" 
 jurisdiction, on which judgment may be rendered at the first 
 term. The suit may be eitlier against the bank, its officer or 
 agent ; in either case, the pro]»erty and etfects of tlie bank are 
 subject t(» the judgment. 
 
 sj 1425. For a violation of numbers 4 and 5 of section 1421, p^^j^j f^j. 
 tlie bank tbrfeits one tliousand dollars for each bill or paper so is- ^^^^''^jt^ *'''' 
 sued, to be recovered by action at tlie suit of the informer, one-'t'o^uli.*^"'. 
 half to go to him, the other half to the Educational Fund of the 
 county where the recovery is had. 
 
 §1426. The officer or agent- who received the premium shall Made of 
 appear without any process than the service of tlie writ, and bring ^cHbed!^"' 
 his book having the original entry of the transaction, and give 
 evidence in the case. If he fails to ap]iear, the affidavit or testi- 
 mony of the plaintiff sliall be received. 
 
 § 1427. For the violation of numlier (5 of section 1421, the bank „ ., , 
 
 "- ' Pciuiitv for 
 
 forfeits rive liundivd dollars for each small l)ill so issued beyond ?;^''^'*^^|//.'' 
 the twenty per cent., or amount allowed l)y charter, to be recov- ^*''" ^*"^- 
 ered, as in cases of number 4 and 5, unless a dilferent penalty is 
 prescribed by cl'arter. 
 
 §1428. For the violation of number T of section 1421, the iv.„^,fy f„, 
 bank so violating, forfeits its charter. ui^moffel'" 
 
 § 1429. The banks of this State shall— """ ^*-^- 
 
 1. Pay specie for any of their bills, notes, drafts or other obli-obusations 
 gations when due and demanded by the holder. Sf*^ "" 
 
 2. Receive their own bills, notes, certiricates of deposit, or 
 otlier evidence of debt, in payment of debts due them. 
 
 3. Receive their own bills at par, whether issued or made pay- 
 able at the parent ]»ank, or any of its branches, in settlement of 
 
27b rx. 1.— TIT. 1 G.— « 1 1 A r ' 
 
 Tkadb, dco. 
 
 Art 
 
 debts or balances dne either, and when notes or other ohli^ationti 
 are dim-'tmnted by any bank, and bet'onie transferred to another 
 bank, tbcy rontinuo payable in tbc bills df tlic liank where dit^- 
 <'«»nnte<l. 
 
 rrn^iffoT ^1480. l«ii- the violation of nuntlKM* 1 of sci'tioii 142!«. the 
 
 ■1cm of trc-* bank shall pay, b^•^i(U•^ tlu- b'^'iii interest, twenty-live per eent. 
 <lanut«xes, each of wliieli ninst be sjteeitied in the verdict and 
 judgment, and the exeention issued thereon shall l>e eolleeto<l in 
 >]»eeie. 
 
 '.-.«. .air,j; J* 1481. 1 he (lovenmr shall also canse j\nli<'ial i»roeeediuy;s to 
 
 !iti^!^'"""^»« institnted aj^ainst sneh bank for the forfcitnre of its charter, 
 but the defanltinj; bank may. within live day's alU'r such demand 
 and refusal, jtriKluce satisfactory evidence that there was an in- 
 debtedness then due to said bank by the j>erson demaiidiuir spe- 
 cie equal to the anuHint denumded, and the Governor may. in hif 
 discretion, Ibrbear or postpone the proceedinir. 
 
 rcnuUy for §1432. For the violation ot nnmbers "J and 8 o| >ecti(»n 142it, 
 .'iit«in»the bank sliall forfeit to tin- dcl»t<>r twenty pel- cent, upon the 
 
 ^29.' amount to be recovered by special suit in his favor. «»r in any oth- 
 er form of Jiti^Mtion between them. The special depo>it of the 
 j»roj)er amount in another l>ank, or in the hands t»f a .solvent 
 >takeholder. with notice to tlu- bank, is a ]>iiyment. 
 
 Tteu-rnj §14^>."J. The term bank, includes the parent bank, it> Itranchee, 
 
 bulk 'n- . ,. , . . . 
 
 «h:df(.wh«L n any, and a«j:encies, its i»theei's of every description, and a^ente, 
 in construini!: the violation ^t\' an obliiration or the imposinjr h 
 penalty for the act^^ of whom the bank or bi'jinches. as the caw 
 may be, is liound. 
 
 AKTICLK ill. 
 
 KORKKITI'UKnK HANK <ll AKTKliS AND I.IAIMI.ITV -;K STOCK llol.nKH.S. 
 
 t^KCTlO.V. 
 1434. Bank tliarler forkitid — iVii whiil. 
 14.15. IVocoeUiiifrs — liow iiihliliiUsl. 
 143(j. l>i)ty of recciviT. 
 
 1437. (>>iu|teiiNatioii of iv<viv<'r. Ac 
 
 1438. Urtlcr of paying ilt-bUs At. 
 14.19. IMitv <i'.i.' iii-..lv.-iil iM.iiks. 
 
 Skotio.x. 
 1440. Siookli«)lUL'i->* i4iay Ik- suid — when. 
 1141. .\bnicinoiU of Hiiit. 
 1442. .\ssij.Mimont bv hnnW. 
 144:t. How wi nside. 
 144-f. Waul of atMiijfnet' — )k>« supplied. 
 1 Mr.. St<M-k)i<il<liT in;iv lr;iii«rcr «tocJ\. 
 
 hankVhurtor >5 14.'J4. Uaiik charters are suliject to fort'eitiire for the same 
 fT'teri.* "'^' ;reneral (rnninds ;is those of other corj>orations. and alst» — 
 
 1. lor the NJohiti.iM ol" any nf the ]>rovi>i<iiis of their cliailers 
 
FT. 1.— TIT. It;.— CHAP. 1.— Agriculture, Trade, tfec. 279 
 
 Article 3. — Forfeiture of Bank Charters and Liability of Stockholders. 
 
 w2. For the violation of any obligation imposed by law, unless 
 contrary to the contracts of their charters. 
 
 3. Wlienever it is demanded by siK'cial enactment. 
 
 ^ 1435. When the Governor is informed tliat a l)nnk incurs the pp,,g^„j,„g,^ 
 penalty of a forfeiture, lie shall cause the Attorney General to ^,J',^.°n"tf. 
 institute proceedings therefor in the county Avhere the bank or ^"*'''^- 
 parent bank is located, and in his discretion, may employ assis- 
 tant counsel to aid therein, and pay him out of any money not 
 otherwise appropriated. If there is a verdict of forfeiture ren- 
 dered on the trial, the Judge sliall pronounce the judgment for .jmigmect. 
 all })urposes whatever, saving the use of its corporate name in 
 collecting and paying its debts, and in conveying its real and 
 personal estate, which power shall he exercised by a receiver ap- 
 pointed by the Court for that purpose at that time, or any time, 
 upon tlic ji]>]'>H('jition of the ])rosecuting othccr showing good 
 rause. 
 
 §148(i. It is the duty of such receiver — untyor re- 
 
 1. To promptly collect tlie debts due said bank, and to con- 
 vert the j)ro]>crty into cash or availal)le assets as soon as practi- 
 t-able. 
 
 2. To pay the creditors 7//v> rfrt<r semi-annually, according tc» 
 the dignity of their claims, unless there is sufficient to i)ay all. 
 
 3. To pay the holders of the bills before other creditors, if they 
 give notice of their claims within six montlis. 
 
 4. To give notice to said bill holders, and other creditors, by 
 a three months" publication in iome public gazette of the State. 
 
 o. To make annual returns of his receipts and disbursements, 
 to the Judge of the Su])erior Court of the county at the iirst term 
 held every year ; t<j ju'oduce vouchers and swear to the return, 
 which shall be })assc(] n]H.ii by said Jii(li.':c, and cjitercd on the 
 minutes by the Clerk. 
 
 «'.. To distrilmte the assets after paying all tlic debts of the 
 corporation among tlic stocklioldcrs in j)roportion to their stock. 
 
 §1437. On failure t*. comply substantially Mitli any of theooi.),.cuft.- 
 above re<piircmcnts. he forfeits hi^ comjteiisation. His com]>en-,',^v,T. a<". 
 hation sliall be the same a> that allowed administrators ; bnt u]ion 
 special a])plicatioii. the court may alhtw. tor good cause shown, 
 additional com])ensation. 
 
 § 143s. lithe bank is insolvent, the order of paying oil" the order or 
 debts shall be the >ame a> is jtrcsenJK'd in rases of administra-SfTn^^ivont'^ 
 
•280 PT. 1.— TIT. 10.— CHAP. 1.— Agricultuke, Tkade, &o. 
 
 Article 3. — Forfeiture of Bank Charters and Liability of Stockholders. 
 
 tion, to the extent applicable, except where special preference or 
 postponement is given l)y hnw 
 luwhat iJl-ioO. Debtors are not. ill sncli a ease, allowed to pav their 
 
 funds debts . . , .,i . , i i ^ - ^' 
 
 dae are to be debts to the receiver in l)ills ot tlic l)aiik at their par vahie, un- 
 
 |)aid. . 
 
 less accompanied by an affidavit tliat tliey are tlie identical bills 
 received from the bank by wliich the debt was created. 
 When ^1440. If the assets of the l)ank are insnfhcient to pav all its 
 
 stockholders ■,.■,,. ■• . in • • i ii 
 
 aresueabic. liabilities, the receiver sliall bring snit against the stockholdeif? 
 in his own name for their unpaid stock to an amonnt wjiich \vill 
 be their proportion for the liqnidation of all the debts, and on 
 his failure to do so, any creditor may nse his name for that pur- 
 pose. 
 
 Abatement §1441. Siiits do iiot abate by reason of a vacancy in tlie re- 
 ceivership, but proceed on motion, and Avithont any scire faciafu 
 in the name of the new receiver. 
 
 Assignment §1442, When a bank surrenders its charter, or the use thereof. 
 ^ '"" *■ it may make, in good faith, an assignment of all its effects for the 
 payment of its debts, as natural persons may, but it cannot there- 
 by prevent such preference among its creditors as the law gives. 
 
 uow it may § 144o. A Creditor or stockholder may move, in six months, to 
 set aside such assignment, by petition addressed to the Superior 
 Court of the county M'here the bank is located, setting forth the 
 grounds of complaint which shall stand for trial before a special 
 jury at the Urst term of the court. If the assignee resides in the 
 county, he must be served as in other cases ; if not, the leaving 
 a copy at the banking-house shall be sufficient service ; the ser- 
 vice shall operate as an injunction, until the judgment of the 
 court. If the assignment is set aside, a receiver must be ap- 
 pointed. 
 
 How want §1444. A g(^od assigiiuieiit shall not fail for the want of an as- 
 
 ofassiKnoe • tiji i- ,• . ,• •, 
 
 may bo re- siguec, out tlic coui't, 111 vacatioii or tei'iii time, may ap]>oint a 
 
 receiver who shall execute tlie assignment. 
 How stock- §1445. When a stockholder in any bank or other corporation 
 bank,&c., is individually liable under the charter, and shall transfer his 
 leriiis' stock, he sliall be exempt from such liabilitv, unless he receives 
 
 stock. . • <. T .... 1 ,. 1 
 
 a written notice irom a creditor M'lthm six months alter such 
 transfer, of his intention to hold 'him liable; Provided., he shall 
 give notice once a month for six months of such transfer, imme- 
 diately thereafter in two newspapers in or nearest the place where 
 such institution shall keep its ]n-incipal office. 
 
PT. 1.— TIT. 16.— Agriculture, Trade, (fee. 281 
 
 Chapter 2. — Notaries Public. 
 
 CHAPTER II. 
 
 NOTARIES PUBLIC. 
 
 Sectio.v. Sectiox. 
 
 I44t). By whom appointed. ' 1450. Tlieir jurisdiction. 
 
 1447. Tlieir oatli of office. | 1451. Their authority. 
 
 1448. Their term of office. M52. Must have a seal, &(; 
 
 144rt. Tlieir iiiialiliention. 
 
 >^ 1446. The power to appoint Xotaries Piil)li(' is ve!>ted in the ^ounes 
 Justices oftlie Interior Court, exchisively. Mhom%'-^ 
 
 § 144-7. I'el'ore entering on tlie duties of their ottice, they sliall^°'t^'^j.jj„ 
 take and subscribe, helbre the Clerk of the Inferior Court, tlie {j^''^'^ ^'"'' 
 following oath, which shall be entered on his minutes : 
 
 " I swear that I Avill promptly, faithfully and impartially dis- 
 charge all the duties the law re(piires of me as a Xotary Public 
 in this county, whenever requested, to the best of my skill and 
 knowledge. So help me God.'' 
 
 § 1448. They hold their offices for four years, revocable at any -j-j^^jj. ^^^^ 
 time by said Justices, at the end of which time, if continued, *"'°®'"-'- 
 they must be renewed on the minutes. The Clerk must issue to 
 them certificates of their a])i)(iiiirnicnt and (|ualitication, and kee}) 
 a register of their names. 
 
 §1441.>. A Xotary must be twenty-one years old, ov an attor- ^^.e an.i 
 ney at law, and of good moral character. '^ot^r^^"^ '^^ 
 
 § 1400. Their notarial acts can only be exercised in the county where their 
 of tlieir residence and appointment. Ptemoval from the county bft^xoT^ 
 vacates the office. *"'*'"'' 
 
 ^1451. They have authority — 
 
 1. To t.ake the acknowledgements of all writino-s relatino- to -^"'Jiority of 
 commerce or navigation, and to witness such deeds and papei-s 
 as they are permitted to by law. 
 
 '2. To demand acceptance and payment of all connnercial pa- 
 per, or paper entitled to days of grace, and to note and protest 
 the same for non-acceptance or non-payment. 
 
 '•>. To certify to all official acts Avhen required. 
 
 4. To administer oaths in all matters incident to them as com- 
 mercial officers, and in all other matters Avhen specially permitted. 
 
 5. To exercise all other powers incunil)ent upon them bv com- 
 mercial usage or the laws of this State. 
 
 §1452. For the authentication of their notarial acts, each Xo- Notarial 
 tary mu.^^t ])j-(n-ide a .-eal of otlice, whifli shall have for its im])res- register. 
 
282 
 
 FT. 1. — TIT. 10, — A(,Ru.'LJ/iLKE, Tkakk. tVr<\ 
 
 • "liapter 2. — Notaries Public. 
 
 sion his name, officially, and the name of the State and county 
 for whicli he was appointed. Ai'ter the first <>f Janiiarv, 1862, 
 a iscrawl sliall not be a siifhcient notarial seal. He must keep a 
 fair register uf all his notarial aets signed by him, together with 
 the date of the transaction. 
 
 CliAPTKK IV. 
 
 ■HIF.S AND ."^K.l.MKN. 
 
 Articj.e 1. Pilotage. 
 Aktk LK 2. Seamen. 
 
 Commis- 
 Biooers of 
 Pilotage — 
 bow ap- 
 pointed. 
 
 ARTICLK 1, 
 
 PIL'VrACK. 
 
 Skcxion. 
 1453. Comiiu.ssioiiers — liuw iiiiimiinod. 
 ! 4r)4. Tlieir powers. 
 1455. Pilot's oath and license. 
 145G. His bond. 
 
 1457. Forfeiture of license. 
 
 1458. Commissioners powers and duty. 
 
 1459. License — non-user of 
 14G0. Pilot's duty. 
 
 1461. Master rejecting pilot. 
 
 11G2. Pilot bringing- in vessel. 
 
 14G:;. Pilot may have a sul)stit;ule. 
 
 14G4. Notice to pilots. 
 
 1465. Pilot must moor vessel. 
 
 1166. Tlis fees — payment of 
 
 1 Ku. Oarrying olf or detaining jiiluts. 
 
 ■ 14 7.*?. Record of rules uuist bo kept. 
 
 1-174. SuVijf'ct to uispectiou. 
 
 1475. (jnmnn'ssioncrs office — wliere kept. 
 
 14 7*;. (Compel attendance of witnesses. 
 
 1477. May punish defaidting witnesses. 
 
 147S. Witnesses may be cit^ed. 
 
 \ 1479. Subpo'nas and interrogatories. 
 
 I 1 480. Fees for servmg and executing. 
 
 1481. Appeal — when allowed. 
 
 1482. Testimony after appeal. 
 
 1 4 81!. Fees. kc. — how disposed of. 
 
 1484. I'ilots receive certificates — when. 
 
 1485. Brands pilots — how appointed. 
 148(i. Penalty lor discharging ballast, &c. 
 
 1 1487. Proceedings against master. 
 
 14G8. Fees of pilot boat in certahi cases.; 1488. Pilot failing to give notice. 
 
 1469. Letters — delivery of ; 1489. Incoriiorat(>d towns — powers of. 
 
 1470. Pilot's fees in special cases. ' 1490. Suits— by whom brought. 
 
 1471. Pilots in defaidt — penally. 1491. Preseiif conmiissioners eontiuue. 
 
 1472. Damages to — by whom settled. 
 
 §1453. The corporate authorities of Savannah, Darien. Bruu:?- 
 ■wick and Saint Marys, shall have power respectively to appoint 
 Commissioners of Pilotage, not exceeding seven in numl)er, for 
 each place, of whom a majority shall be a (juoi'imi as follov/s, 
 that is to say : the authorities of Savanmdi for the Bar of Tybee, 
 and River Savannah, and the several bars and inlets north of 
 Sapelo J^>ar; the authorities of Darien for Sapelo Bar, and River 
 
PT. L— TIT. 16.— CHAP. 4.— Agkicultcre, Tkade, ifcc. 283 
 
 Article 1. — Pilotage. 
 
 Altamaba, and for the several bai-s and inlets south of Sapelo 
 Bar as far as St. Simon's Bar ; the authorities of Bnmswick for 
 the Bar of St. Simons and Turtle "River, and the several hars 
 and inlets north of the Great Satilla River, and the authorities 
 of St. Marys for the bar of the Great Satilla River, the Bar of 
 St. Marys, and all bars and inlets between the two. All vacan- 
 cies shall be tilled by sucli corporate autliorities respectively in 
 the Board of Commissioners in which a vacancy shall occur, but 
 no owner or part owner of a. pilot lt(»at sliall be allowed to act as 
 Commissioner of Pilotage. 
 
 §1454. The said Commissioners are empowered to license such rowers or 
 persons beinc; citizens of the Contederate States, ol orood char- sionere of 
 acter, as tliey shall think most tit to act as pilots tor the conduct- 
 ing of vessels inward to, and outward from, the several i)orts for 
 which they shall be licensed during their good ])ehavior. Pilots 
 already licensed for any of said ports shall continue to act until 
 removed for cause, Xo person other than a duly licensed pilot 
 shall be entitled to receive any fee, gratuity or reward for con- 
 ducting or piloting any vessel iuM'ard to, or outward from, any 
 of the ports or harbors for which a ]>i]ot shall be licensed; any 
 person so acting without authority, or interfering with or dis- 
 turbing a licensed pilot in the way of his duty, may on convic- 
 tion be tincd and imprisoned at the discretion of any court 
 having jurisdiction, but any person may assist a vessel in distress 
 without a j)ilot on board, if such person shall deliver u]> the 
 vessel to the tirst ])ilot who comes on board and offers to con- 
 duct it. 
 
 §1455. The license to a pilot must be in the form of a certiii- piiot'3 ii- 
 
 ,,, . I'l !• 11 ' 'J. ,» cense and 
 
 c ate of Ills ;i]ipointmeiit, whicli must be signed \*\ a majority otoath. 
 the commissit)ners, or by their chairman, by their direction, and 
 each pilot on receiving his license >hall take and subscribe an 
 oath in the following form : 
 
 *' I, A B, appointed ])ilot for the port and harbor of , 
 
 do swear that I will faithfully and according to the best of my 
 ability perform the duties of a pilot in and for the said port and 
 
 harbor of , and will at all times, wind, weather and health 
 
 permitting, use my best endeavors to repair on board every ves- 
 sel I shall see, and conceive to be bound for, coming into, or 
 going out of the said port and harbor, unless I am well assured 
 there is some other licensed pilot on board the same; that T will 
 from time to time make tlie best dispatch in my power to con- 
 
:284 PT. 1.— TIT. IH.— CHAP. 4.— Agriculture, Trade, <fec. 
 
 Article 1. — Pilotag-e. 
 
 vey any vessel committed to my charc;e coming into or goingr out 
 of said i)ort and harbor, and will at all times well and truly 
 observe, fulfill and follow to the best of my skill and judgment 
 all such orders and directions a^^ I may receive from the Com- 
 missioners of Pilotage in all matters and things relating to the 
 duty of a pilot." 
 PiiofBbon.!. § 145('). Before rccciviug liis liccnsc the pilot must make and 
 deliver to the commissioners a bond payable to the cliairman of 
 the board, and his successor in office, in the penal sum. of two 
 thousand dollars, with security, to be approved by the commis- 
 sioners, and with condition faithfully to perform his duties as 
 pilot, which bond shall be renewable at the discretion of the 
 Commissioners, with sucli security or additional security as they 
 may require. 
 License' of § 1457. The couimissioners may deprive any pilot of his li- 
 forfeiteiL^ ccusc for waut of skillfuluess, for a wilfull violation of liis duties, 
 or the orders, or regulations of the commissioners; for negli- 
 gently, or carelessly losing, or injuring any vessel in his charge, 
 or when laboring under mental derangement, or when so addicted 
 to habits of intoxication as to unfit him in their judgment to be 
 entrusted with the chai-ge of a vessel, but in every such case an 
 appeal may be had as is hereinafter provided. 
 Power an.i §1458. The commissioners shall have power, and it is their 
 commas- duty to prescril)o rules and regulations for the government of 
 piiotegc' "pilots, and to })rescribe the fees for tlieir services, and they may 
 also impose such penalties for neglect of duty, not iiu.-onsistent 
 with this law, as they may think proper, ])ut until altered by 
 competent authority the fees of pilots shall remain as now fixed 
 by law. 
 License for- §1455*. Auv }nlot wlio fails to iict as pilot for three months, or 
 nln-ut'r abseuts himself for ten days at any one time without leave of 
 and fibsinco, ^l^g commissiouers may l)e deprived of his license; and any 
 pilot who shall, with knowledge of the arrest of any vessel under 
 civil process from any court of record of this State, conduct or 
 pilot such vessel out of the port or harbor where sncli arrest is 
 And for pi- made, and whilst such vessel is in charge of a civil officer, shall 
 
 loting vessel ,. ,. . , . ,. , •, . t i-jj i ■ 
 
 under arrest, lorieit liis liceusc, aud be torovcr disquahtied trom acting as 
 pilot, besides forfeiting sucli sum as a jury may assess for 
 damages. 
 
 Duty of pi- §1460. Everv i)ilot l)oat cruisiiio;, or standinii: out to sea, must 
 
 lots. " _ • ^ ~ ~ 
 
 ofler the services of a pilot to the vessel nearest the bar, unless a 
 
PT. 1.— TIT. 16.— CHAP. 4.— A(,KicuLTUKE, Tkade, itc. 285 
 
 Article 1. — Pilotaee. 
 
 vessel more distant be in distress, under penalty of fifty dollars 
 for each and every neglect or refusal, either to approach the 
 nearest vessel, or to aid lier if required, or to aid any vessel in 
 sight showing signals of distress; and the connnissioners, or a 
 majority of tlieni, may fur sucli neglect or refusiil de])rive the 
 pilot of his license. 
 
 §1461. Any person, master or commander of a ship or vessel Master le- 
 
 1 . . ' 1 ,• ^ i 11 ,• 1 • <-< iecting pilot, 
 
 beanng towards any oi the ports or lini-hors ot tins State, except to pny his 
 coasters in this State, and between tlic i»orts of this State and*^^*^*^^ 
 those of South Carolina, and between the jiorts of this State and 
 those of Florida, and who refuses to receive a pilot on board 
 shall be liable, on his arrival in such port of this State, to pav 
 the first pilot who may have ofiered his services outside the bar, 
 and exhibited his license as a pilot, if demanded by the master, 
 the full rates of julotage established by law for such vessel. 
 
 s^ 1462. The pilot who brings a vessel into port shall have the pji^t ,,,.;„ 
 exclusive right to take her out, unless the master of such vessel j"^*; aV'i^*"* 
 shall prove to the satisfaction of the commissioners that such pj. t" 'f""'i >' ""f 
 lot misbehaved himself whilst in charge of the \essel, or was, in 
 the mean time, deprived of his license, or that such pilot had ob- 
 tained the inward pilotage against the right of some other ])ilot, 
 tii*st oifering his services, and, in any of these cases, another ]n'lot 
 may be employed. 
 
 §1463. Any pilot having the right to take a vessel out of port ,,i,(,j,„j, 
 may attend in person, or j)rocure another person out of the l>ilot-"*^!" *"'^*" 
 boat to which he is attached, to attend for him; and if any mas- 
 ter or owner of any vessel in port, employ any other ])ilot to car- 
 ry his vessel down the i-iver, oi- to sea, but the pilot who brought 
 her in, or one belonging to the same boat, unless good and sulfi- 
 cient cause shall ai)pear therefor, on due proof thereof before the Snst mas- 
 commissioners, he shall be liable to a fine, not exceeding one bun- jHoy^ns an- 
 dred dollars, one-half to the })ilot lawfully claiming the pilotage """"^ '"'°'' 
 of the vessel ; l)nt should such pilot neglect or refuse to attend, 
 and carry down such vessel when ready for sea (wind, M-eather 
 and tide permitting) when thereunto reipiired by the master, 
 owner or consignee, such pilot shall, on conviction thereof, before i'. naity 
 tlic P>oard of Commisioners, forfeit the upper julotage of such fo"r ITouoE 
 vessel, and be liable to a line, not exceeding one hundred dollars, m;" 
 and any ])ilot acting on b(>ard such vessel, when he has no right, 
 shall be lial)le to the same penalty; Provided, the commission- 
 ers have not sufficient evidence of the necessitv of his actinij, and 
 
286 PT. i.— TIT. 16.— CHAP. 4.— Agkicultuke, Tkade. &c. 
 
 Article ]. — Pilotasre. 
 
 Penalty fur shall, iiioreover, be liable to the pilot havincr the riffht for earry- 
 without iiicv the same vessel out. 
 
 right. '=' 
 
 Pilot to be §li64. The master of a vessel in readiness to leave must, if 
 
 vesseFs dc- practicable, give notice to the pilot entitled to conduct the vessel 
 
 out, of liis intention to leave, or to some other pilot belonging to 
 
 the same boat ; Provided^ sucli pilot l)e at the place of departure 
 
 of such vessel, or near thereto. 
 
 Pilot must §1465. Everv pilot, in anv of the harbors aforesaid, bringing 
 
 ' moor vessel. - '' . '.•iii in i 
 
 any vessel to anchor m any ot said harbors, shall moor such ves- 
 sel, or give proper directions for the mooring of the same, and 
 the safe riding tliereof, subject only to the legal harbor regula- 
 tions of each port. 
 Pilot's lees § 1466. A pilot briui>'iuo" a vessel into port shall be entitled to 
 
 to be paid . . , , , *^ "~ 
 
 before ves- jug tecs before her departure from port, to be ijaid in advance, or 
 
 sel leaves. .. ^-^ ^ ••ii 
 
 security given for the payment, and on failure thereof, he may 
 refuse to carry the vessel out, and all fees for pilotage may be de- 
 manded and recovered, in any court having jurisdiction, from 
 the owner, master, or consignee of the ^^essel, and if any licensed 
 pilot shall ask or demand more fees for his services than are speci- 
 iied in the rates of pilotage, on due proof thereof before the com- 
 missioners, he shall forfeit double the amount of such vessel's pi- 
 lotage. 
 Penalty for 8 1467, Tlic owiicr, iiiastei', or consignee of am- ^'essel carrying 
 
 Ciirrying otf " -i . ,• i ^ ^ • " , i • ' - ^ 
 
 or dctninins Oil any pilot ot sucii vesscl, and against his consent, to any port, 
 either foreign or on the coast, shall be liable to such pilot, in an 
 action on the case, for the payment of all reasonable expenses, 
 and for the further sum of not exceeding three dollars a day, dur- 
 ing the necessary absence of the pilot ; Provided,, the carrying 
 away of such pilot be not owing to any default, misconduct, or 
 negligence on his part, and the master of a vessel detaining a pi- 
 lot on board his vessel, the wind and weather permitting him to 
 go to sea, shall be liable to pay such pilot three dollars a day for 
 every day he is so detained. 
 
 Pees of pilot- §1468. When any pilot boat, belonging to a different pilot 
 
 ing pilot than the one who may have conducted a vessel out to sea, takes 
 such pilot off from such vessel, such pilot boat shall be entitled 
 to one-third of the pilotage. 
 
 Pilot's fees § 1469. Whenever a vessel shall touch oft' the bar of Tybee, 
 
 for deliver- , , . .,,,., i i i i* 
 
 ing letters, tor lustructious, any pilot deuvermg on board such vessel any 
 letters or orders, shall be allowed full bar or Cockspur pilotage in 
 and out. 
 
Z^Z"^^^- It:.— CHAP. 4.— A..KK L LTLKK, Tkade, 6cc. 287 
 Article 1. — Pilotag-e. 
 
 §1470. Any pilot belonging to any port in this State, meet- Pilot's feea 
 ing at sea with any vessel bound to another 2>ort within the ^I'ssd to'*°^ 
 same, shall, if capable, and thereunto required, take charjje of.Prt/"^ 
 and pilot such vessel into such port, and shall be paid two dol- 
 lars per day for every day such pilot may be on board such ves- 
 sel at sea, without the bars, over and aboAe the usual rate of 
 pilotage, and no other pilot shall interfere Avhile the former is 
 willing to continue his services. 
 
 §1471. If any vessel whatsoever, or the cargo or freiglit there- rvfauit of 
 of, shall receive any damage or miscarriage, or be lost, throuffh jilini-^f^" 
 the negligence or default of any ]»ilut, after such })ilot takes 
 charge of the same, and the claim exceeds one huncb-ed <lollar>. 
 the snid i)ilot shall, in such case, on conviction thereof before 
 any (-(.iirt of record in this State, be obliged to answer and make 
 good to rl)e sufferers, or the master of said vessel, all and everv 
 the damages whicli he shall sustain thereby. 
 
 §147l>. All other cases of damage or difference that may arise other ca^e« 
 or be made against any master or pilot, for or concerning the °o i^'^eui'd 
 pilotage of any vessel, or any other matter relative to the busi- ^■'' '"""'''^ 
 ness or care of a pilot, in any of said harbors, sliall be heard and 
 determined \)x the cojnmissioners, or a majority of them, ap- 
 pointed for the care of the pilotage where such damaiic or dispute 
 shall arise, who Ky their decree or order shall lawfully decide 
 and regulate every such damage or difference, and wht» shall 
 have i>ower to eTifor<-e such decree or order by execution or war- 
 rant of distress under their hands and seals, or the hands and 
 seals of any three of them, directed to any Sheriff' or Constable 
 of the <-ounty where such execution issues, commanding the sale 
 of the offender's goods, or so much thereof as shall be sufficient to 
 satisty such execution or warrant, and all sales thereunder shall 
 be conformable to the laws of the State in other cases of sale; 
 and such Sheriff or Constable sludl be liable to be ruled before 
 the Judge of the Superior Court as in other cases, in term time or 
 vacation, for any default in duly executing such process, but in 
 case of a sentence or judgment for more than twenty dollars, an 
 appeal may be had, as is hereinafter })rovided. 
 
 § 1478. The connnissioners shall preserve, in a neatly bound commi.s'or« 
 book, a record of all their acts, and of the rules and regulations record of "' 
 adopted by them for the direction and govermuent of the ])ilots : '"'■'" **^ 
 but in the city of Savannah, such rules and regulations shall not 
 be operative until approved by the city c«Hincil. They inust 
 
288 PT. 1.— TIT. 10.— CHAP. 4r.— Agkicultuke, Trade, &c. 
 
 Article 1. — Pilotao^e. 
 
 designate one of their number as chairman, and cause a record 
 thereof to be made, and prescribe such fees for the service of 
 the pilots, and impose such fines and penalties, not inconsistent 
 with the pro^-isions of this chapter, as they may deem expedient. 
 They must also preserve upon record, a list of all persons ap- 
 pointed })ilots l)y them, as well as those by them suspended. 
 Fees of sec- § 1474. All v)ersons interested shall have access to, and be per- 
 
 retary. " ^ . , . , 
 
 mitted to have copies of the records, and copies thereof certified 
 by the chairman or secretary shall be presumptive evidence of 
 the facts therein stated. The secretary of the commissioners 
 shall have such salary or fees as the commissioners may deter- 
 mine, and such salary or fees shall be paid out of lines and for- 
 feitures, or such other fund as shall be under the control of the 
 Office an.i commissioners. 
 
 records of 
 
 commission- § 1475. The officc of tlic commissiouers must l)e kept in some 
 
 ers, <fer. o i 
 
 suitable place, of which the pulilic shall have notice, and their 
 books, papers and records may l)e kept in such office, or in the 
 commis- officB of any court of record in the county. 
 
 sioners may -i■^^^ i < i 1 1 i ' J» 
 
 compel at- §1470, When tlie attendance of any person shall be requn'ed 
 
 tendance of '^ ,.!'.■,. 
 
 witnesses, as a witucss bcforc the commissioners of pilotage in any matter, 
 or claim of which they shall have jurisdiction, it shall be the du- 
 ty of their secretary, on application, to issue summonses in the 
 nature of writs of subpcjena, to be signed by him and directed to 
 the persons whose attendance shall be required, when such per- 
 sons reside in the county where such matter or claim may be de- 
 pending. The summons shall express the cause, and the party 
 at whose >uit it shall be issued, and shall be served on such wit- 
 nesses at least twenty -four liours before the meeting of the com- 
 missioners, to which it shall be returnable, and it shall be served 
 by the messenger of such commissioners, or a Constable, and the 
 return of such officer, shall be evidence of the service of the 
 sid)pcena. 
 
 d^fanmn- ^ § 1477. Any witness thus summoned, whose testimony shall 
 appear to be material, and who shall fail to appear, may be at- 
 tached by the commissioners, and the attachment shall l)e directed 
 to a Sheriff or Constable, and made returnable to the next Supe- 
 rior or Inferior Court of the county, and such court may fine 
 such witness in a sum not exceeding one hundred dollars, unless 
 a good excuse be made to the Judge of said court, but such ^\dt- 
 ness shall nevertheless be liable to action at the suit of the party 
 injured by such non-attendance. 
 
 ■witnesses. 
 
FT. 1.— TIT. IG.— CHAP. 4.— Aghk i ltlke, Tkadk, iNcu. 289 
 
 Article 1 — Pilotage. 
 
 S 1478. When any witness may be a seaman or transient per- May cUc 
 
 V t! •' i witnesses to 
 
 son, the commissioners mav issne subpcfna to such witness by answer in- 
 
 ' ■ _ ^ _ ■' tPiTopato- 
 
 their Secretary, requiring such witness to ai)pear at a time and f''"*- 
 place therein stated, l)efore any Justice of the Peace, or of the 
 Inferior Court of tlie county, to answer written interrogatories to 
 be propounded to him. 
 
 §1479. Tlie subpoMUi must be served twenty-four hour^ be-s.rviceof 
 fore it is returnable, and notice, for tlie same length of time, SJc.^*^"**' 
 must be given to the adverse jiarty. or attorney, agent or con- 
 signee of the time and place of putting such interrogatories. 
 The officer taking the depositions shall seal u]) and ])roperly en- 
 dorse and return such depositions, which may be otiered by con- 
 sent or by ordei- of the commissioners, and sliall stand in the 
 place of the oral examination of siu-h witness, wlien his personal 
 attendance cannot be procured. 
 
 §1480. The Secretary's fees, for each subpu*na, shall be twen-p^^,^ 
 ty-five cents ; for each attachment, fifty cents : for examining a ^^^^^J^^^- 
 
 '' ' .. ' o poenAS, ace. 
 
 witness, the Justice of the Peace shall receive one dollar; the 
 Sheritf or Constable, for serving any sul)p(ena, shall receive twen- 
 ty-five cents, and for executing and returning an attachment to 
 court, fifty cents. 
 
 §1481. In any case where a pilot shall be sus})ended, or where Appeal from. 
 a fine exceeding the sum of twenty dollars shall be imposed bylf'l^mL 
 any judgment or decision of the Board of Commissioners, or where 
 the license or warrant of a pilot shall be revoked, tlien the per- 
 son so fined, or the pilot so suspended, or whose license or war- 
 rant shall be revoked, may petition the Judge of the Superior 
 Court, of the county where such judgment or sentence may be 
 made, setting forth, on oath, the circumstances of the case, a copy 
 of which petition shall be served on the acting chairman or sec- 
 retary of such l)oard at least three days before the return of any 
 rule thereon, and if, on reading such petition, the Judge shall 
 think there is sufficient ground for the allowance of an appeal, 
 he shall therein direct an issue to be made up between such com- 
 missioners and the appellant, wdiich issue shall be tried by a spe- 
 cial jury, as in other appeal cases, at the next term of the Supe- 
 rior Court, unless good cause be shown for a continuance ; and if, 
 upon such trial, a verdict shall be rendered in favor of the appe- 
 lant, the said Judge shall make a rule remitting such fine or re- 
 storing the suspended pilot, or the pilot whose warrant or license 
 may have been revoked as aforesaid. 
 
 ly 
 
 ju(le:inent 
 of commis- 
 sioners, &c. 
 
290 PT. 1.— TIT. 16.— CHAP. 4.— Agkigulture, Trade, &c. 
 
 Article 1. — Pilotage. 
 
 Commis- 
 sioners to 
 take testi- 
 mony, &c. 
 
 Fines and 
 forfeitures — 
 how dis- 
 posed of. 
 
 Pilots— 
 when to re- 
 ceive certirt- 
 cate. 
 
 Branch pi- 
 lots — how 
 appointed. 
 
 Penalty for 
 discharging 
 ballast in 
 harbor. 
 
 Proceeding 
 for violation 
 of preceding 
 section. 
 
 §1482. In tlie case of an appeal, as aforesaid, commissions 
 may issue to take tlie depositions of any person not a resident of 
 the county, or whose oral testimony cannot be conveniently had, 
 as in other cases, before such Superior Court, but no such com- 
 missions shall issue but upon tliree days' notice to tlie opposite 
 party, by service of a copy of the interrogatories to be exhibited 
 as in other cases. 
 
 § 1483. All iines and forfeitures collected l)y the commission- 
 ers, shall be applied towards payment of the ordinary expenses 
 of the board, and the residue shall be expended by the connnis- 
 sioners towards improving the navigation of the 2")ort or harbor 
 where such fines and forfeitures are inflicted. 
 
 § 1484. Xo person shall receive a certificate to act as pilot un- 
 til he shall have served two full years in a decked boat, and have 
 given satisfactory evidence of character and skill, and every cer- 
 tified pilot shall serve eighteen months before he shall be entitled 
 to an increased authority, but, in case of emergency, such addi- 
 tional pilots may be appointed, as the Mayor or other chief offi- 
 cer of the port may determine, the foregoing restrictions to the 
 contrary notwithstanding. 
 
 § 1485. All branch pilots must be appointed by the commis- 
 sioners, and whenever a vacancy occurs in a brancli, the person 
 who has served the longest time as an apprentice must, if deemed 
 competent by the commissioners, be appointed to the vacancy ; 
 but no person can hold a branch who is not engaged in pilotage. 
 
 § 1486. If any master of a vessel, or water-craft of any descrip- 
 tion, shall throw, or permit to be thrown from on board such ves- 
 sel or water-craft, into any of the waters of any bay or harbor of 
 this State, or within three miles of the outside bar of any such 
 bay or harbor, any stone, gravel or other ballast, he shall forfeit 
 a sum not less than five hundred, nor more than two thousand 
 dollars for any such offence, and may be imprisoned not exceed- 
 ing three months, at the discretion of the court, one-half the for- 
 feiture to be paid to any one first giving information of the of- 
 fence to the commissioners, and the other half to the use of the 
 commissioners of said harbors, respectively, for improvement of 
 navigation. 
 
 §1487. Upon the commissioners receiving satisfactory evidence 
 of the ofience specified in the preceding section, it shall be their 
 duty to proceed to recover such forfeiture, by process of attach- 
 ment, in the name of the State, which may be issued, as other at- 
 
PT. 1.— TIT. 16.— CHAP. 4.— Agrici-ltuke, Trade. &c. 291 
 
 Article 1. — Pilotage. 
 
 tachments, on the oath of the informer, or of one of the commis- 
 sioners, and l)e levied on the vessel from wliieli the offence was 
 committed. The vessel maj be replevied by tlic master, owner 
 or consignee, by giv'ing bond, payable to the State, in double the 
 amount of the penalty, with condition to have the vessel forth- 
 coming to satisfy such judgment as may be rendered in the suit. 
 
 §1488. It sliall be the duty of every pilot, having knowledge Penalty 
 of the commission of the offence speciiiod in the two preceding fo^wnMau* 
 sections, to give, as soon as practicable tliereafter, information Xn"t 
 thereof to the connnissioners, and, failing to do so, such pilot 
 shall be deprived of his license, and be tliereafter forever disqual- 
 ified for the office of pilot. 
 
 §1480. The City Council of Savannah shall have authority to incorpo- 
 prohibit, under proj)er penalties, the throwing or depositing in the may prohTbu 
 Savannah river, and within the jurisdictional limits of said city, charge of 
 of any substance of anv nature or kind which might, in any de-navieabie 
 
 * " wfttcrs. 
 
 gree, lessen the depth of the water in said river, or any part 
 thereof within said limits, and the same authority is hereby vested 
 in the corporate authorities of the other towns, respectively, as to 
 navigable waters within their respective jurisdictions. 
 
 § 1490. The same Boards of Commissioners are hereby author- suits in the 
 ized, in their own names, or in that of their chairman, respec- o*mm?8- 
 tively, as such, to sue for and recover, to their own use and the"'""^"' 
 improvement of navigation, any forfeiture which may accrue un- 
 der this chapter, whicli is not otherwise specifically appropriated. 
 
 §1491. All existing appointments of Commissioners of Pilot- p^^ggnt 
 •age, and of ofiicers under the same, as well as their rules and reg- g°!U^^ ^c 
 Illations, not contrary to law at the time of the adoption of this *'^''"'' ^°°'^- 
 Code, shall continue good and valid in law, according to their 
 nature and terms, until superseded by authority of this Code. 
 
 ARTICLE II. 
 
 SEAMEN. 
 
 ^Section. 1 Section. 
 
 1492. Defaulting seamen — how punished. | 1498. Penalty for such sliipping, &c. 
 
 1493. Proceedings against deserters. I 1499. Boarding vessel to abduct seaman. 
 
 1494. Seamen not to be credited. , 1500. Abductmg seaman. 
 
 1495. Sale of liquors to seamen. i 1501. Harboring deserted seamen. 
 
 1496. Certificate of discharge. i 1502. Illegal arrest of seamen. 
 
 1497. Shipping an articled seaman. | 
 
 ,Vi-4 m*.' 
 
292 FT. 1.— TIT. lO.— CHAP. 4.— Agkiculturk. Trade, &c. 
 
 Article 2. — Seamen. 
 
 Penalty S 1492. Any seaman havino; entered or shipped himself on 
 
 against s«i- '-..■,. . I'lii 
 
 men absent- board any vessel withm this State, or which shall come to the 
 
 ing them- "^ , ^ 
 
 selves. same, and having signed a contract with the master or com- 
 mander thereof to proceed npon any voyage therein mentioned, 
 who shall absent himself from any such ship or vessel for twenty- 
 four hours without leave of said master or commander, or other 
 chief officer having command of such vessel, or Avho shall neglect 
 or refuse to perform his duty on board the same, or refuse to 
 proceed on the voyage mentioned in such contract, nmy be ap- 
 prehended on warrant from any Justice of the Peace within hi^^ 
 jurisdiction upon application being made to him by such master 
 or commander under oath, and npon proof of such absence with- 
 out leave, or of such neglect or retusal as aforesaid he may be 
 committed to jail, or other secure place, for any time not exceed- 
 ing thirty days, or until the sailing of such vessel, and the charge 
 of apprehending, committing and maintaining such seaman du- 
 ring his continement as afoi'esaid shall be paid by the complain- 
 ant, and by him be deducted out of the wages due, or to be due, 
 such seaman, but no seaman shall Ije received by the jailer nntil 
 security shall have been given for the maintenance and jail feet^ 
 of such seamen. 
 Proceedings §1493. The Judgc of tlic Su])erior Court, or Judge of any 
 ^^°^^^*p. City Court, or a Justice of the Inferior Court, or Justice of the 
 prentic«e. Pg^cc of the Couuty, Or any similar officer of any seaport or 
 county, on oath made before him that an articled seaman or 
 apprentice has deserted or absconded from a vessel, describing- 
 said seaman and vessel, and that he is harbored or secreted b}^ 
 some person, (describing him,) in a certain place (describing it,) 
 may issue his warrant, directed to any lawful officer of the coun- 
 ty, authorizing a search for and seizure of such person in the place 
 designated, and to fully execute such warrant. Any person resist- 
 ing such search or seizure may be lined and imprisoned at the 
 discretion of any court having jurisdiction, 
 ort-ditnotto §^494. It sliall uot be lawful for any person to give credit to 
 i^^In?*'' any seaman belonging to any vessel within this State, having 
 signed any contract to proceed therein, for any sum exceeding 
 one dollar, except by leave of the master or commander of such 
 vessel, on pain of forfeiture of the moneys or goods so credited. 
 § 1495. It shall not l)e lawful for any keeper of a tavern or 
 tippling house, or any other person selling intoxicating or spirit- 
 nous liquors, to sell any such liquor to any seaman belonging tc" 
 
 ii .1. 
 
PT. 1.— TIT. IG.— GHAT. 4.— Agkiclltukk, Tkai>e, &c. 293 
 
 Article 2. — Seamen. 
 
 any vessel, and who may have signed any contract, to tlie amount Entertain- 
 
 ,/ , . • . ^ / . ,, ingorfor- 
 
 ot more than tliirtv cents m any one dav. or to entertain or sut-ni3hing sea- 
 
 " . . ' , ' . . meu with 
 
 fer anv such seamen to drink in such tavern or tipplini; liouse, *'pi"tnoua 
 
 '' . , , , , . *" liqnors pro- 
 
 ■or furnish such seamen with hquor after tlie hour of nine o'clock hi '''t**! 
 at niojht, unless with the consent of the master or commander of 
 such vessel, and any person offending; against any of these pro- 
 visions may, on conviction, lie fined in a sum not exceeding fifty 
 dollars, or be imprisoned in tlic common jail for not more than 
 thirty days. 
 
 §1400. Any seaman whose contract witli any master or com- g.^,„n,yj, ^^y 
 mander of any vessel, within the State, for the performance of tmcA^ ^' 
 any voyage therein specified sliall he determined, may demand '^"^*''^®" 
 from him a certificate thereof, and of his discharge, and on refu- 
 sal to give such certificate, withont just ciiuse, any two Justices 
 of the Peace, upon due application, and proof thereof, may give 
 the same, which shall be of equal force as if given by such mas- 
 ter or commander, who shall be liable, civilly, to pay one dollar 
 for such certificate so given by such Justices, and shall, moreover, 
 on conviction before any court of competent jurisdiction, be liable 
 to a fine of fifty dollars for such refusal. 
 
 §1497. No master or commander of any vessel, or other per-u,ring, re 
 son, within this State, shall hire, receive, entertain or ship any ^ruhfin^" 
 seamaii belonging to and pretending to be discharged from any seVmen^pro- 
 vessel, without a certificate of discharge being in possession of '"^"'"'^ 
 such seaman, under the penalty of fifty dollars for every such 
 offence, and the same penalty may be infiicted on any person 
 keeping or attending any ferry within this State, who shall wil- 
 lingly transport, or suffer to be transported over, such ferry any 
 fugitive seaman not having a certificate of discharge as afore- 
 said. 
 
 § 1498. If any sailor boarding house keeper, a runner, or ship- penalty for 
 ping master, or other person shall hire, receive, or entertain, or ^^^"Ig'or 
 ship any seaman belonging to or pretending to be discharged ^eam'en'l'Sf- 
 from any vessel without a certificate of discharge being in pos- *"^^ ^^ ^'''^ 
 session of said seaman, or shall aid or be concerned in any man- 
 ner in the shipping, or ofiering to ship such seaman, the person 
 thus offending shall be fined and imprisoned at the discretion of 
 the court. Any order given by such seaman for advance wages 
 shall be void. 
 
 §1499. If any person shall board any vessel in any port or 
 harbor, or on any of the waters of this State, with intent to iu- 
 
 ^ki^m 
 
294 PT. 1.— TIT. 16.— CHAP. 4.— AGRictiLTmtE, Trade, &g. 
 
 Article 2. — Seamen. 
 
 Boarding: A'ei<?le, eiitice, convey away, abduct, with or without violence, or- 
 
 vessel for ^ rv 
 
 the purpose secretly carry on anv articled seaman or apprentice from such 
 
 of abduction i i ' 
 
 jTheT ^"°" "''^^^^^j ^^' ^^^'^-^^ afford any conveyance or facility to such seaman 
 or apprentice to leave such vessel, such person so offending shall 
 be liable to indictment, and on conviction shall be fined, or im- 
 prisoned, or both, at the discretion of the court. 
 Aiding sea- § 1500. If any jDcrson shall aid any articled seaman or appren- 
 ™rentiLTto tice to dcscrt from his vessel, while within the waters of this 
 pimTshed."'^ State, or shall inveigle, entice, convey away, abduct or carry, 
 with or without violence, or secretly carry off any articled sea- 
 man or apprentice from any such vessel, such person so offending 
 shall be liable to indictment, and on conviction shall be liable to 
 fine, or imprisonment, or both, at the discretion of the court. 
 Harboring § 1501. If any ]3erson shall harbor, secrete, entertain, lodge or 
 apprentices, keep, or shall directly or indireectly suffer to be harbored, secret- 
 ed, entertained, lodged or kept in or about his house or premises^ 
 any articled seaman or apprentice, knowing such seaman or ap- 
 13rentice to have deserted from his vessel, such person shall be^ 
 liable to indictment, and on conviction, be fined in a sum of not 
 more than five hundred dollars, or imprisoned, or both fined and 
 imprisoned at the discretion of the court. 
 Vexatious §1502. Tlic law in respect to the vexatious arrest and deten- 
 detentionof tiou of scameu, and to summarv trials of causes, civil and crimi- 
 
 seaman. . i • i i i '" 
 
 nal, m which seamen and the captains and consignees of vessels 
 may be concerned, sliall be as is provided in this Code, but if 
 any provision in this Code contained shall conflict with the Code 
 of the City of Savannah, appended hereunto, tlie said Code of" 
 Savannah shall prevail within the corporate limits of said City.. 
 
 i». 
 
PT. 1.— TIT. 16.— CHAP. 5.— AoRicrLiTRE, Trade, «fcc. 295 
 
 Article 1. — Flour. Com Meal and Grain. 
 
 CHAPTER Y. 
 
 INSPECTION. 
 
 Article 1. Flour, corn meal and grain. 
 Article 2. Wood, turpentine, timber, etc. 
 
 ARTICLE L 
 
 Sectiox. Section. 
 
 150:^. Inspectors — by whom appointed. ' 1508. In.'spectdr cannot purchase. 
 
 1504. Bolted flour shall be merchantable. I 1509. Selling without inspection. 
 
 1505. Flour barrels — dimensions, &c. i 1510. Inspector's oath. 
 
 1506. Flour shall be inspected — when. 
 
 1507. Fiaudulcntiy jiacking Hour. 
 
 1511. Corn meal, corn and other grain. 
 
 § 1503. The Interior Courts in the several counties of this inspectors- 
 State shall have power to appoint annually, one person of good appo^°ted. 
 repute, to be inspector of ilour in their respective counties, but 
 the same power maj be exercised exclusively in any corporate 
 towns within their corporate limits ; vacancies in such otiice of 
 inspector may be tilled by the ap})ointing power as soon as may 
 be after the happening of any vacancy. 
 
 S li^O-lr. All bolted wheat iiour. and everv cask thereof, brouo-ht „ ,, , „ 
 
 ^ i' 9 t^ Bolted flour 
 
 to the places aforesaid for sale, shall be made by the miller or ^J'"'' ^^,™*''- 
 manufacturer thereof, merchantable and of due fineness, and 
 without mixture of coarse tlour, or the flour of any other grain 
 than wheat. 
 
 §1505. All flour barrels packed for sale sfi all be well made, Fiourbar- 
 md of good material, tAventv-seven inches in length, tightened InartT^Tn'd 
 7ith at least ten hoops, and sufficiently nailed, with the tare must con^ 
 jlainly marked on the head thereof, and every miller or bolter^""' 
 aall put into a barrel the full quantity of 196 pounds of flour. 
 Fid shall put into every half barrel, the quantity of 98 pounds 
 c flour, and on lailure thereof, shall forfeit and pay the sum of 
 fur dollars for each barrel or bag, to be recovered by any infor- 
 ner before any Justice having jurisdiction thereof, one-half there- 
 o to go to the informer, and the other half to the county or 
 crporation having the appointment of inspector. 
 
 §150(). All barrels, half barrels, and bags of flour brought to p,,,,,^ shall 
 ay place of inspection for sale, shall be submitted to the view tea forTn-' 
 ari examination t)f the inspector, who shall expeditiously inspect ^hen!""" 
 tb same by boring int(» the barrel, half barrel or bas;, from head 
 
296 FT. 1.— TIT. lO.— CHAP. 5.— Agkiclltuke, Tkai.e, &g. 
 
 Article 1. — Flour, Corn Meal and Grain. 
 
 to head or end to end, with an instrument of not more than three- 
 fourths of an inch in diameter, to be by him provided for that pur- 
 pose, and if he shall judge the same well packed and merchantable, 
 he shall plug the hole and brand the barrel, half barrel or bag 
 with the name of the place at which he shall be inspector, with 
 a public brand, or mark to be by him provided for that purpose, 
 and approved by the Inferior Court, city council or corporation, 
 as the case may be, and shall also mark the degree of fineness 
 which he sliall determine the flour to be on inspection, which de- 
 grees shall be distinguished as follows : '• extra family,'" " super- 
 fine,'" "fine," "middling," " first"" or " second," for which trouble 
 i^esforin- the iuspector shall receive from the owner or consignee at the 
 
 spection. '- ^ ^ 
 
 rate of five cents per barrel. 
 
 Fraudulent- § 1507. If auv persou shall pack flour in an old barrel which 
 
 tfonr'^'"^ may have l)een marked and branded as aforesaid, and which 
 sliall still have the brand of the inspector thereon, or shall other- 
 wise fraudulently pack flour for sale, such person or persons, shall , 
 forfeit and pay the sum of twenty dollars for every barrel so 7 
 packed, to be recovered by any informer before any Justice of/ 
 the Peace or other court having jurisdiction thereof, one-half of| 
 such penalty to go to the informer, and the other half to the mil-l 
 ler or manufacturer injured by such false packing. | 
 
 Inspector § 1508. Xo iuspcctor shall be permitted, directly or indirectly,! 
 
 chase except to purcliasc auv flour by him condemned as unmerchantable, or 
 
 for his own i j ' i i i /• i • ,• m 
 
 nse. any other flour whatever, other than lor Ins own or lannly us^ 
 
 and consumption, under the penalty of thirty dollars for every ban 
 
 rel by him i^urchaied, to be recovered by any informer before anj 
 
 Justice of the Peace or other court having jurisdiction, one-haf 
 
 of which shall belong to the informer, and the other half to tH 
 
 county or corporation having the a23pointment of the inspector j 
 
 Penalty lor § 1509. Any persou who shall sell flour in or from any of th 
 
 out'Sfapc e- places where there is an inspector, without an inspection as afoil- 
 
 '^**"' said, shall forfeit and pay the sum of ten dollars for each barrf, 
 
 half barrel or bag so sold, to be recovered by any informer befole 
 
 any Justice of the Peace or other court having jurisdiction, oi^- 
 
 half to go to the informer, and the other half to the inspector.! 
 
 Inspectors § 1510. Eveiy iiisjiector, l)efore entering on the duties of his jf- 
 
 ^^^' fice shall take and subscribe an oath or afiirmation before the Cl^k 
 
 of the Council or Clerk of the Inferior Court, of which a minte 
 
 shall be made, that he will faithfully perform the duties of iis 
 
 oflice, inspect all floui- oftered to him for inspection, and faithlil- 
 
PT. 1.— TIT. It).— CHAP. 5.— Aghk ii/riKK, Traj.e, &c. 297 
 
 Article 1. — Flour, Com Meal and Grain. 
 
 Coin tnca!. 
 
 ly brand and mark the barrels or bags, as bv law directed. In- 
 spectors shall be liable to indictment for any neglect of duty, and, 
 upon conviction thereof, shall forfeit and ]iay a snm of not less 
 than thirty dollars. 
 
 §1511, It shall be the duty of every inspector of tloiii- to in-i„.„^^.., 
 spect Indian corn, and corn meal, wheat, and other grain in bags other "^in. 
 or in ])arrels, when requested by the owner or consignee to do so, ^d^ '°*'^' 
 and he shall brand only such as lie may deem to be sound and 
 merchantable, for which his com]>ensation shall be three cents 
 per bag oi* banvl. to l>e ])aid by the owner or consiijnee. as afore- 
 said. 
 
 ARTICLE II. 
 
 WOOD, TIMBKH. TfKPKXTIXK. T<iHAO((». (iTANo. ,v..-. 
 
 Sectiox. Skction. 
 
 1512. Inspectors and rules of inspection. > 1516. Turpentine barrels — iliniensions of- 
 
 1513. Drifted tunber — selling of. 1517. How marked. 
 
 1514. Penalty for buying the same. 1518. Corporate authorities— powers of. 
 
 1515. Pitch, tar. .Ic. to be inspected. 
 
 §1512. In.-^pectors maybe ajipointed, their duties jn-escribcd, in,,.eotor« 
 their fees fixed, and inspection and marking regulations adopted, pointed for 
 by the corporate authorities of any city, for "the inspection of Si?ll*- 
 guano, and other fertilizers, tobacco, salt, pitch, tar, turpentine, "*^'*''^ 
 rosin, fish, oil, staves, shingles, timber, wood, lumber, and liquor, 
 and such othe!- articles and things as are usually the subjects of 
 j ^ -inspection and mefisurements, and for measuring and gauging 
 V the said articles, or any of them, within the limits of said cities: 
 y and the same power may be exei'cised by the Inferior Court of 
 ^ -every county, outside the limits of such town, and Avithin the 
 limits of such county; Provided, such regulations be not incoji- 
 sistent with the following provisions: — 
 
 1. Ko person shall be permitted to inspect, measure, or gauge, Ar-pointee. 
 ■except such as may be regnlarly appointed, imder a penalty of inspect"*" 
 live hundred dollai-s for every orlence, one-half to go to the infor- 
 mer, and the other half to the incorporation or court having the 
 appointment of inspectors. livery person so appointed shall be 
 required to take an oath or affirmation faithfullv to perform the 
 
 J . ,. , ,, •' i Oath and 
 
 •duties of the olhce, to the best ot his skill and ability, and shall, ''^°<^ <"' *"- 
 
 c' ' " spcctora. 
 
 moreover, give bond and security for the faithful discharoe of the 
 
 « 
 
298 PT. 1.— TIT. 16.— CHAP. 5.— Agkioulture, Trade, &c. 
 
 Article 2. — Wood, Timber, Turpentine, Tobacco, Gnano, &c. 
 
 duties thereof. All vacancies may be filled by the appointing 
 power. 
 Inspection 2. In all scaport towns, where timber or lumber is brought for 
 urem™ntof cxportatiou, or otherwise, the same shall be inspected and meas- 
 "™ **'■ ured, and bills for such measurement shall be made out in super- 
 ficial measurement. 
 Inspector 3. No luiiiber or timber inspector, or measurer, shall, during 
 eierk, &c. of liis term of otfice, be or become the clerk or agent of any lumber 
 or buyer, or timber buyer, or the clerk or agent of lumber mill, on pain of 
 forfeiture of his office, on conviction, and fine or imprisonment^ 
 at the discretion of aii}^ court having jurisdiction. 
 Square lurn- 4. All square timber sliall bc mcasured as follows : the length 
 measured, sliall 1)6 couiitcd fi'om piu-holcs, and the size from the middle of 
 the stick, taking the smallest side and the face, throwing ofl" frac- 
 tions, and alloM'ing one-half of the wainedge on the size and face,, 
 and other flatted timber, usually known as saw or mill logs, shall 
 be measured one-third from the smallest end. 
 Refuse iiun- ^- ^^1 sticlvS wliicli are rotten, hollow, split, or broken, shall 
 ^'^' be declared refuse by the inspector, and tlie seller shall only be 
 
 allowed one-half the measurement, but if the defect l)e at or 
 near the end only so much as is defective shall be declared retuse. 
 Length of 6. The liook, to the dip-rod, shall not l)e less than one inch and 
 
 hook to dip- 1 
 
 rod. three-quarters long. 
 
 Ran-'int' '"^ ■ Paiigiug timber, scantlings and boards, shall be deemed 
 
 — when ml'l- ™6rchantable only when they shall have square edges, and be 
 chantabie. go-ui^(]^ fjj^^j without dccav ; nevertheless, if any scantling or board, 
 to be measured and inspected, shall be sj^lit, decayed, or fractur- 
 ed, more than two feet and less than six feet, from the end there- 
 of, such split, decayed, or fractured part, shall be left out and not 
 counted in the measurement. 
 ^ , 8. Ileadino; shall be two and a half feet long, six inches broad, 
 
 Length and _ ^ ^ ~^ •' 
 
 quality of one iucli tliiclv ou ouc edo;e, and not less than three-quarters of an 
 
 heading and ^ ~ ' ^ 
 
 shingles. jncli ou the other edge, sound, and free from decay, worm or knot 
 
 holes; shingles to be twenty-two inches long, not less than three 
 
 and a half inches wide, a half inch thick at the thick end, not 
 
 decayed, and free from worm or knot holes. 
 
 Pipe, hogs- ^- I*ip6, hogshead, and barrel staves shall be considered mer- 
 
 ha^l^'ilteves chautable only when conditioned as follows : pipe staves to be at 
 
 rhantabi?.*'^' Icast fiftv-four iuclies in length, three inches in breadth, and one 
 
 inch thick on the thin edge, sound and free from worm or knot 
 
 holes; hogshead staves to be forty-two inches long, three inches- 
 
PT. 1.— TIT. 16.— CHAP. 5.— A(.KirrLTURK, Tkade, &c. ^99 
 
 Article 2. — Wood, Timber, Turpentine, Tobacco, Guano. &c. 
 
 broad, and not less than three-quarters of an inch thick on the 
 edges, sound, and free from worm or knot holes; barrel staves to 
 be two and a half feet long, three inches wide, and not less than 
 three-quarters of an inch on their edges, sound, and free from 
 worm or knot holes. 
 
 10. Any measurement or inspection, contrary to laM', shall, onponaityfor 
 conviction of the offender, subject him to a tine of not more than ..pecUon and 
 live hundred dollars, before any court having jurisdiction, and ment. 
 also a forfeiture of his office. 
 
 11, Everv cord of firewood shall measure eitjht feet in length, what is a 
 
 . ■■ , cord of fire- 
 
 four in breadth, and four in height. Any person to whom such wood, &c. 
 
 wood is offered for sale, who may suspect any deficiency, shall 
 have the right to have the same measured and corded by any 
 sworn inspector, or measurer of the place, and in case of any de- 
 ficiency appearing, the seller shall, besides paying the fees of the ^ 
 inspector, make good the deficiency, without delay, or forfeit, be- w 
 fore any court having jurisdiction, the sum of two dollars for ^ 
 every cord so deficient ; in case of no deficiency appearing, the J\^^^°l^y 
 fees of the inspector or measurer shall be paid l)y the buyer, "'''o™ p"'**- 
 The corporate authorities of any town or city may make such 
 further regulations on this subject as to them shall appear proper, corporate au- 
 to insure the objects of this section. 
 
 §1513. Xo raft-man, or other person, shall dispose, or attempt penary for 
 to dispose, of any drifted timber or lumber taken up by him Jjrifted"tftn- 
 within this State, on pain of paying not exceeding five hundred ^'^'^' 
 dollars for every such oftence, to be recovered in any court having 
 jurisdiction of the same, one-half of the penalty to go to the in- 
 former, and the other to the use of the county wherein such of- 
 fence may be committed, or the offender may be imprisoned not 
 more than six months; but nothing herein contained shall prevent 
 the finder of drifted timber or lumber from requiring and receiv- 
 ing from the owner reasonable compensation for delivering to the 
 owner such drifted timber or luml>er. 
 
 §1514. An V person detected in inirchasinc; drifted timber or niofrai pur- 
 lumber, as aforesaid, except from factors or timber cutters, shall drifted um- 
 
 ber. 
 
 be liable, on conviction, to pay a fine of fifty dollars for every 
 offence, or to be imprisoned for a term not exceeding six months. 
 
 §1515, No person shall ship or put on board any vessel, for pit^j^t^r 
 exportation, from this State, any pitch, tar, rosin or turpentine, fpected^be"' 
 before the same is inspected and marked ; I^rovided, there be at shipped! 
 the port of cxportaticm a sworn inspector of such articles, on 
 
300 FT. 1.— TIT. 10.— CHAP. 5.— Agricultuke, Trade, «feo. 
 
 Article 2. — Wood, Timber, Turpentine, Tobacco, Guano, &c. 
 
 pain of forfeiting one dollar for every barrel so shipped, one-hal 
 to go to the informer and the other half to the use of the town or 
 place of exportation ; the true contents and quality of every bar- 
 rel of such articles must be branded on the barrel. 
 Quality, .to, § 1516. Everj barrel of soft turpentine shall be formed of good 
 t^e"barreis. ^ud Sufficient staves, three-quarters of an inch thick, not exceed- 
 ing live inches wide, not less than thirty, nor more than thirty- 
 two inches long ; the head not less than one, nor more than one 
 and a half inch thick, and the barrel secured with twelve good 
 hoops. If the turpentine be fraudulently mixed it shall be con- 
 demned by the insj^ector and delivered to the owner. 
 Barrels of ^ § 1517. Eacli barrel of soft turpentine, after inspection, if 
 how marked, fouud iu confomiity to the foregoing provisions shall be ])randed 
 or marked by the inspector as follows : the pure oi* virgin tur- 
 pentine with the letter "Y," the yellow dip "S,'* the hard "H." 
 Powers of S1518. The corporate authorities of any seaport town may 
 
 corporate , ./ j. o 
 
 authorities, make such further regulations for inspection of rosin, pitch, tar 
 and turpentine, and for the discovery of fraud in making and 
 vending said articles as to said authorities, respectively, shall 
 seem proper. 
 
 ARTICLE III. 
 
 INSPECTION OF LIQUORS. 
 
 Section'. iSectiox. 
 
 1519. Inspectors of Ac. — liow appointed. ; 1523. Fees of in.spector. 
 
 1520. Duties of such inspectors. ' 1524. Manufacturing drugged liquors. 
 
 1521. Damaged liquors. 1525. Monthly inspections require<l 
 
 1522. Evaduig- inspection of liquors. 1526. Selling hquors without inspection. 
 
 Inspectors of § 1519, It sliall be lawful for the sev^eral city and incorporated 
 — how'ap-' town authorities in this State to elect or appoint an inspector of 
 
 pointed. ,. .. ... . .,.,. 
 
 liquors, spirits and wmes, and vinegar, within their respective 
 jurisdictions, and the Inferior Court of the several counties shall 
 have the same authority of appointment within the several coun- 
 ties out of the jurisdiction of the city auchorities. 
 Oath and du- § 1520. Sucli iuspector, after being duly appointed as aforesaid, 
 mapeetor. and swom by the Clerk of the Council, or Clerk of the Inferior 
 Court, faithfully to discharge the duties of inspector, shall exam- 
 ine and inspect all liquors, spirits and wines, or vinegar, kept by 
 any person within the jurisdiction of such inspector, for sale in 
 any quantities, and if, upon such inspection, any such shall be 
 
FT. 1.— TIT. IH.— CHAF. f..— Agkiculture, Trade, <kc. 301 
 
 Article 3. — Inspection of Liquors. 
 
 found to contain any strychnine or other poisonous drug or drugs, or 
 offensive matter injurious to lieahli by drinking or other use, sucli 
 inspector shall immediately give notice tliereot to the owner, who 
 shall immediately destroy the same in the presence of the inspec- 
 tor, or give bond and security to return the same to the person 
 from whom he pun'hased without the limits of this State. 
 
 §1521. Any person who shall sell, or oti'er to sell, any liquor, ivnaity for 
 
 . . . ' . 1 • 1 ^ 'i J soiling drn^- 
 
 wme or spirits, or vinegar, knowing the same to be so drugged, ped liquora 
 or after notice :is aforesaid shall be given, shall be indicted in the 
 Superior (/ourt of the county where such oiieiice may be connnit- 
 tcd, and on conviction tliereof, shall be fined for the first offence, 
 one hundred dollars; for the second offence, two hundred dollars; 
 for the tiiird offence, four hundred dollars; and for the foruth of- 
 fence, one tlious.'ind dollars, and in each case be imprisoned until 
 such line be ]>ai(l. 
 
 § 1522. If any jierson shall refuse, oi* in any way iirevent such ivnaity tor 
 inspector from making such examination and inspection after agpectionof 
 second demand nuide by such inspector, such person shall, upon "'"*"^''' 
 indictment and conviction thereof, be fined and punished as in 
 the immediate ])receeding section ; Provided, the inspector shall 
 make the secoiul demand in the presence of a competent witness 
 and prove the same by said witness on the trial. 
 
 § 1528. Such inspector shall receive, unless other rates are pi'e- j-^es of u- 
 scribed by the authorities appointing him, from the owner of said J'"^"'' ""^p**- 
 liquor, wine or spirits, or vinegar, for every ten gallons so in- 
 s]>ecte<l, five cents; for twenty gallons, ten cents; for forty gallons, 
 fifteen cents ; for eighty gallons, twenty cents ; for one hundred 
 and sixty gallons, twenty-five cents; and at the same rates and 
 proportions upwards for any number of gallons so inspected, and 
 he shall, if required, give a receipt and certificate therefor, and 
 shall brand the barrels, kegs or pipes when the means are pro- 
 vided by the o^^^lers therefor, and he shall also receive one-half 
 of all fine moneys arising under conviction, which shall by no 
 means disqualify him from being a witness for the State in cases 
 of prosecution under any of the forgoing sections. 
 
 §]524. If any person shall manufacture any drugged, poi>^oii- penauv for 
 ousor other deleterious and ofiensive liquors, wine or spirits, or vin- ,"n°°dru^wi 
 egar, or adulterate any licpior, wine or spirits, or vinegar, with "'i""''''- 
 poisonous material, such person so ofiending shall be indicted in 
 the Superior Court of the county where the offence may be com- 
 mit.te<l for a nn'sdemeauor, and on conviction therefor, shall be 
 
302 PT. 1.— TIT. 16.— CHAP. 5.— Agkicultuee, Tkade, &c. 
 
 Article 3. — Inspection of Liquors. 
 
 fined and imprisoned in the common jail at the discretion of the 
 court. 
 Inspection §1525. Such inspoction shall be performed once a month, or 
 jy_^®™"°'°" whenever called on so to do bj seller or buyer; wlien by the lat- 
 ter, he pays the fees. 
 
 § 1526. When an inspector is appointed in any city or town, 
 and due notice given of such appointment, any vender of liquors, 
 in any quantity, who shall offer the same for sale before or with- 
 out inspection, or a bona fide effort to have the same inspected, 
 shall be guilty of a misdemeanor, and on conviction, shall be 
 fined or imprisoned, or both, at the discretion of the court. 
 
 Penalty for 
 selling li- 
 quors with- 
 out inspec- 
 tion. 
 
 CHAPTER YI. 
 
 WEIGHTS AND MEASURES. 
 
 1 Section. 
 
 i 1530. Standard of weights, &c. 
 1.031. Clerk of I. C. to give notice. 
 
 Seal or 
 stamp for 
 marking 
 weights and 
 measures. 
 
 V 
 
 Venders 
 must have 
 "weights and 
 measures 
 marked. 
 
 Selling by 
 deficient 
 weights or 
 measures — 
 how pun- 
 ished. 
 
 Section. 
 
 1527. Seal or stamp for weights, &c. 
 
 1528. Weights, &c., must be marked. 
 
 1529. Selling by deficient weights, &c. 
 
 § 1527, The Justices of the Inferior Court must procure, for 
 their respective counties, a marking instrument, seal or stamp 
 for the purpose of marking all weights and measures which the 
 Clerk of the Inferior Court may find not to weigh or measure 
 less than the standards established by the Congress of the Con- 
 federate States, M'liich is the standard of this State. 
 
 § 1528. All persons engaged in selling by weights and mea- 
 spective county, and have their weights and measures so marked, 
 sures, shall apply to the Clerk of the Inferior Court of their re- 
 and in default thereof, shall not collect any account, note or other 
 writings, the consideration of whicli is any commodity sold by 
 their weights or measures. 
 
 §1529. Any citizen may complain to the Clerk of the Infe- 
 rior Court of the deficiency of any weights and measures, wheth- 
 er marked or not, and when done, it is the duty of said Clerk to 
 notify the person complained of, and give him the name of the 
 complainant, and specify a day, not more than ten days distant, 
 when he shall submit his weights and measures to the test of the 
 Justices of the Inferior Court, and if the complaint is found to be 
 true, within the seller's knowledge, he shall be deemed a person 
 selling by false weights and measures, and shall be presented by 
 the Grand Jury as such, if no person appears and indicts. 
 
PT. 1. — TIT. 16. — Agkic'Ci.ture, Tbaue, <fec. 303 
 
 Chapter 6. — "Weights and Measures. 
 
 §1530. The Governor shall procure staiidurds of weisrhts and standards of 
 
 " ' 1.11 1 1 11 ^veifrhts and 
 
 measures for each eonntv which does not liave them, and they, m^^asures to 
 
 " lie procured. 
 
 together with the marks provided by the Inferior Court, shall be 
 kept in the office of their Clerk for the inspection of the citizens. 
 
 S 1531. When such standards are obtained, it is the duty of cierktogive 
 
 , . -I'll notice. 
 
 such Clerk to give sixty days written notice tliereot at the door 
 ■of the court-house, and in the public gazette wliere the Sheriff of 
 the county advertises his sales. 
 
 CHAPTER VII. 
 
 RE0;ULATIOXS FOR PARTICULAR BRANCUKS OF TRADE AND AGRI- 
 CULTURE. 
 
 Article 1. Cotton, Rice, etc. 
 Article 2. Cultivation of Pice. 
 Article 3. Oysters, Turtles. 
 Article 4. Fishing. 
 Article 5. Boats and Crews. 
 Article 0. Peddlers. 
 
 ARTICLE I. 
 
 cottox, rice, etc. 
 
 Section. i Sectiox. 
 
 1532. Sale of cotton and other produce. 1536. Tare on rice. 
 
 1533. Purchaser faihng to pay. 1537. Tare on other articles. 
 
 1534. Oath, A'c. I 1538. No deduction to be made. 
 
 1535. "Weighing without oath, itc. | 1539. Weighing — how regulated. 
 
 §'1532. Cotton, corn, rice, or other products sold by planters ownership 
 and commission merchants on cash sale, shall not be considered ?^c?noT' 
 as the property of the buyer, or the OA\mership given up, until tii p"m for" 
 the same shall be fully paid for, although it may have been de- 
 livered into the possession of the buyer. 
 
 §1533. Any person engaged in the business of buying such Penalty for 
 commodities, either on his own account or for others, who shall pliV for cot- 
 buy such on sale from a })lanter or commission merchant for cash, 
 and shall fail or refuse to pay for the same, and shall make way 
 with or dispose of the same before he shall have paid therefor, 
 shall be deemed guilty of fraud and embezzlement, and shall be ;*-* 
 
 liable, on conviction, to be imprisoned in the Penitentiary for a 
 
304 FT. 1.— TIT. 16.— CHAP. 7.— Aokiclltuke, Tradje, ike. 
 
 Article 1. — Cotton, Rice, &c. 
 
 term not less than one year, nor nn)re tlian five years, at the dis- 
 cretion of the court. 
 Oath of one §1534. It shall not bc lawful for any salesniau, or other per- 
 w^titon'and *on in any of the citiciS, towns or villages of this State, or at any 
 '^**'" railroad station or depot, to weigh any bale, bag or package of 
 
 cotton, tierce or half tierce of rice, or any other article of pro- 
 duce disposed of by weight, without iirst taking and subscribing 
 an oath before some person authorized by law to administer it, 
 that he will justly, impartially and without deduction weigh all 
 such produce, and all other articles of produce disposed of by 
 weight that may be shown to him for that purpose, and tender a 
 true account thereof to the party or parties concerned, if so re- 
 quired. The weigher may nevertheless make t^uch deductions 
 for wet or other cause, which may be reasonable, wlien the seller 
 ur his agent sliall thereto consent, and for such tare as may by 
 law be allowed, but no tare shall ever be allowed on bales of un- 
 manufactured cotton, except the usual deduction of two pounds 
 from the weight of every bag of (•otton haviiig knobs or tugs 
 thereon. 
 Oath to be §15:55. Siu'li oatli, wlieii taken, must be tiled in the clerk's 
 Ljd penalty office of tlic Inferior Court of the county, and a minute made 
 without " thereof, and if any person weighs such produce without having 
 taken and filed such oath, he and the factor, or person who may 
 employ him, are liable each twenty dollare for every bag of cot- 
 ton, five dollars for every tierce of rice, twenty-five cents for eve- 
 rv bushel of corn, and one-third the value of any other product 
 so weighed ; one-half to go to the informer, the other half to the 
 Educational Fund of the county, 
 ■rsire on riw. § 153(). Tlic tare to be allowed on rice shall be the actual tare, 
 as nearly as can be determined, except in cases of the sale of a 
 single tierce, half tierce, or barrel, where a tare of ten per cen- 
 tum shall be allowed, unless otherwise agi-eed on, between the 
 buyer and seller. 
 Tare on oth- § 1537. In Other cases where tare is usually allowed, the actual 
 tare, as nearly as the same can be ascertained, shall be allowed, 
 except where the seller and purchaser may expressly agree upon 
 a different rule. 
 ^, , , § 153S. It shall not be lawful for anv purchaser or weii2;her to 
 
 ^^^^ make any deduction from the weight of any article, for, or on 
 BMk>^'&«. account of the draft or turn of the scales or steelyard, under a 
 penalty, for every such offence, of five hundred dollars, to be re- 
 
i'T. 1.— TIT. 10.— CHAP. 7.— Agkiclltuke, Traue, etc. 305 
 Article 1. — Cotton, Rice, Ac. 
 
 covered in any court having jurisdiction, one half to go to the in- 
 former, by whom the suit may he broup:ht. and tlie other iialf to 
 the use of the county Avhere the oii'ence may Ije committed. 
 
 §1539. The corporate autliorities of all cities and towns may (j^,.i^^^^^^ 
 make such further regulations for tlie weighinir of produce, of all "Jj!''^"*^ 
 descriptions, including fees for weighing, as in their, judgment !^.;,p^^V 
 may tend to effect the objects of the foregoing provisions, and the 
 Inferior Courts of the respective counties shall have the same 
 power, to be exercised outside the jurisdictions of said incorpora- 
 ted cities oi" tov.-ns, but, until altered ]>y such authorities or courts, 
 the fees for weiVliinir slmll be siicli as ai'o now fixed bv law. 
 
 ( 
 
 ARTICLE II. 
 
 CULTTVATION r.p inCK. 
 
 Pectiox. Sectiox. 
 
 1540. Water ssliall not bo diverted. 154G. Person may liraiii liis own land. 
 
 1541. llice dams — when to be opened. | 1547. Proceedinf»^R in case of obstruction. 
 
 1542. Violatrnp: the 2 preceding sections.! 1548. Dam not to be stopped — when. 
 154.3. Persons iiijnrcd — liow redressed. I 1549. Inadequate dams. 
 
 1544. Proceedings for redress. i 1550. Compensation of freeholders. 
 
 1545. Award of frceliolders. | 
 
 §1540. No person sliall be permitted to make or keep up «ii.y be^dfverted,'^^'^ 
 (lam to sto]) tlie natural course of any water, so as to ovei-flow 
 the lands of any other person, without iiis consent, nor shall any ,"* 
 { person stop or prevent any Avater from running off of any person's ' " 
 Held, whereby such person may be prevented from planting in 2J) — ~ 
 season, or receive any other injury thereby, nor so as to turn the / 
 , natural course of any water from one channel or swamp to an- 
 , other, to the prejudice of any person. 
 
 "§1541. Every person M'ho shall keep water, during: the M'inter, ^'l-^ ^5™^- 
 
 '/J. J- ? o 7 Wflon to be 
 
 upon grounds where rice will be planted the ensuing sprino;, shall, '•i'*'"'"'- 
 annually, by the liftli day of March, open tlie dams which keeps 
 up the water, and let off the same. 
 
 §1542. Upon the violation of the lu-ovisions of either of the '"''"^"y *"<»■ 
 
 ■■■ violating the 
 
 preceding sections, the person offendino; forfeits five hundred ^'^ p'"''^''*^- 
 
 ^ -^ "-^ iDg sections. 
 
 dollars, upon the complaint of any person interested; one-half of 
 the recovery goes to the informer, the other to tlie Educational 
 Fund of the county. 
 
 •' Poi'SDll HI- 
 
 §1543. When any person has thus offended in the manner|;ppj?^;!y 
 aforesaid, a person affected tlierebv may apply to a magistrate^™*"' 
 20 
 
306 PT. 1.— TIT. 16.— CHAP. 7.— A&bioultfke, Trade, &c. 
 
 Article 2. — Cultivation of Rice. 
 
 who lias jurisdiction in the district, for a warrant of survey, and 
 shall also, thereupon, notify the defendant of the complaint, of 
 the time and place of meeting. 
 Proceedings § 1544-. Tlic magistrate shall have summoned three disinter- 
 ^^rrlnt'' ostcd freeholders, of the neighborhood or district where the cause 
 of complaint exists, one of whom must be chosen by each of the 
 parties, and the other by the magistrate, but if the defendant 
 neglects, before the day of meeting, to make a choice, the magis- 
 trate may choose for him ; they must be sworn before such mag- 
 istrate, to determine the matter in dispute justly and impartially; 
 shall proceed to view the obstruction, and are empowered to do 
 so without the attendance of either party, unless such are provi- 
 dentially prevented, and must report their proceedings to the 
 magistrate without delay. 
 Award of § 1545. If, ou vicw thereof, a majority of said freeholders de- 
 ers. ^.^^ ^-j^^^^ ^^.^ obstructions do or may prevent the party com- 
 plaining from planting his crop of rice in due time, or otherwise 
 injures him, they shall furnish an immediate remedy, in any way 
 they think necessary, to give the most eft'ectual relief; the losing 
 party paying the costs of the proceeding. 
 Drainage not §1546. Sucli proceeding does not apply to any person who 
 ubUcY"^" shall have made through his own land sufficient drainage, of 
 which said freeholder shall be the judge, to carry off the M^aters 
 passing through the same, in as expeditious a manner as they 
 could have passed through the natural course or channels if no 
 such banks had been erected. 
 Proceedings §1547. Any persou between said iifth of March and the first 
 any'^obstnic- day of September, of each year, may apply in like manner for a 
 warrant of survey on any obstructions which may impede the 
 conveying of any surplus M'ater on his rice grounds, and which 
 by remaining thereon may prove injurious, or shall keep up any 
 dam which shall stop the water so as to overflow his lands to his 
 injury. In such cases the proceedings are the same as heretofore 
 set forth. 
 Penalty for § 1548. If auy persou shall by himself, or through his orders, 
 dam w'lf.n"^' or by his agent, stop up any dam or replace any obstruction 
 authoruyf which has been opened or removed, or which has been thus done 
 by himself on the said fifth of March until the first day of July 
 next thereafter, or shall obstruct or hinder the opening of any 
 dam or removing of obstructions decided to be opened or re- 
 moved, he forfeits, as aforesaid in this chapter, one thousand 
 
FT. 1.— TIT. 16.— CHAP. T.— Aoriculttjre, Trade, &c. 30T 
 
 Article 2. — Cultivation of Rice. 
 
 dollars for each offence to the person aggrieved, besides his lia- 
 bility for the actual damages, 
 
 §1549. When any dam has been made to form reservoirs of inadequate 
 water, without sufficient waste-way, and is inadequate to sustain enlarged. ** 
 the weight of water, the owner of such dam shall immediately 
 cause the same to be enlarged, strengthened, or erected in a sub- 
 stantial manner, with a sufficient waste-way. If on a survey by 
 freeholders he neglects to make the improvements they require, 
 within tlie time they may designate, he shall forfeit to any person 
 injured, or liable to be injured, as last aforesaid. 
 
 §1550. The freeholders are entitled each to three dollars i)er compcnsa- 
 'day, and if duly summoned, and they fail attend, without pro- hoide^^X! 
 vidential cause or necessary absence from the district, they for- 
 feit to either party one hundred dollars. The magistrate and 
 witnesses, if any, receive tlie costs allowed in the trial of forcible 
 ■entries and detaineiv. 
 
 ARTICLE III. 
 
 OYSTERS, TURTLES, &c. 
 
 Sectio.v. iSectiox. 
 
 1551. Oysters — manner of takinur. I 1554. Exclusive ri^ht of land owner. 
 
 1552. Yiolatinfr preceding section. 1555. Turtles — when to be taken. 
 
 1553. Planted oyster beds protected. 1556. Violating three preceding sections. 
 
 §1551. It shall not be lawful to take or catch any oysters in oygt^rs-ia 
 any of the waters of this State with or by a scoop, rake, drag or nii^uk^.' 
 dredge, or by the use of any other instrument than the oyster 
 tongs heretofore in general use for taking (^'sters, and every per- 
 son taking oysters, in violation of law, shall forfeit sucli sum for 
 every offence as the court having jurisdiction may determine, 
 and shall forfeit to the State the boat or vessel, employed in such 
 unlawful business, lier tackle, apparel and furniture. 
 
 § 1552. On complaint made upon oath before any Judge or proceedings 
 Justice of this State, in any county where the offence may be S.f prt 
 committed, of the violation of tlie provisions of the foregoing uo1!.°" **"" 
 section, such officer shall issue his warrant for tlie arrest of the 
 offender, and shall commit, or let to bail, according to law, and 
 in such warrant authority shall be given for the arrest of every 
 such boat, and such boat, her tackle, apparel and furniture shall 
 not be released, except upon bond, with good security, for the 
 forthcoming of such vessel and appurtenances to answer any 
 
308 PT. 1.— TIT. 10.— CHAP. 7.— Aukicultuke, Tkauk, &c. 
 
 Article 3. — Oysters, Turtles, &c. 
 
 judgment of forfeiture. In case such boat and appurtenances be^ 
 not replevied within one month after arrest the same may be 
 sold by order of such Judge or Justice and the proceeds shall be 
 paid into the office of the Superior Court of the <;ounty, there to- 
 await the order of said court. 
 
 § 1553. Where any person having taxable lands upon the 
 l:)anks or shores of any of the rivers or creeks of this State shall 
 plant beds of oysters upon them, it shall not be lawful for any 
 other person to take from such beds of oysters; Promdcd^ the 
 same shall be distinctly staked or otherwise marked. 
 
 §1554. When oyster banks, or beds of oysters, or natural for- 
 mation, be within rivers or creeks of this State, not exceeding- 
 oyster b-ds. one hundred and twenty feet in width, and not used for purposes 
 of navigation, the persons having the ownership of the lands 
 upon both sides of such creeks or rivers shall have the exclusive 
 right to the usufruct of sucli banks or beds of oysters as afore- 
 said. 
 
 §1555. It shall not be lawful to take terrapins and turtles- 
 within tide water, at any time, other than from the lirst day of 
 May to the first day of September. 
 
 §1550. For any violation of the three preceding sections the- 
 
 Planted oys 
 ter beds pro 
 tected 
 
 Exclusive 
 right of cer 
 tain land 
 owners to 
 
 Ihirtles— 
 when to bo 
 takeu. 
 
 Violation ot 
 
 precedTng offender shall be subject to a penalty of not less than fifty nor 
 now pun- more than five hundred dollars. 
 
 isbed. 
 
 ARTICLE IV. 
 
 FISHING. 
 
 Fishing 
 ulated. 
 
 Skctiox. 
 
 1557. Fishing regulated. 
 
 1558. Violating preceediug .sec-tion. 
 
 Sectiox. 
 1559. Vessels enga^-ed in tishiu' 
 
 ^ 1557. It shall not be lawful for any person to inhabit, occu- 
 py or reside in any vessel, ark or fiat on any river of this State- 
 which shall not be engaged in the lawful commerce of the same, 
 in the carriage or transportation of goods or produce to or from 
 market, unless owned by the proprietors of the shores, or their 
 lessees ; Provided^ nothing contained in this and the previous 
 section shall be construed to prevent the owners of the land, on 
 said rivers or their lessees, from taking fish in the river opposite- 
 their banks ; but no seine shall be permitted to be used in said 
 rivers, either by such oM'ners or their lessees, frt>m sunset on Sat- 
 
FT. 1.— TIT. lt>.— CHAF. T.— A(;kiciltcrk, Trade, <fco. 309 
 
 Article 4. — Fishitifr. 
 
 iirday to sunrise on Monday ; And provided, aUo^ that every lease 
 or license to lish shall be recorded witliin ten days after the grant- 
 ing thereof in the clerk's office of the Superior Court of the coun- 
 ty where the land lies. 
 
 §1558. Every oft'cnce asrainst anv of the foreijoing provisions ivnaity for 
 
 '^ • ~ " . ' IX violating tlie 
 
 shall, if committed liv a white person, be punished by a fine not proceedine 
 
 ' • . . soction. 
 
 exceeding two liundred dollars, to be applied to educational pur- 
 poses; if committed by a slave or free person of color, by wlii]v 
 ping, not less than thirty lashes. 
 
 §1559. It shall be lawful for all patrols, and all civil officers, Patrou may 
 
 „ . . . 1 in 1 1 ii 1 visit and 
 
 at all tmies, t<;» visit and search all vessels, covered fiats, or arks, search ve«- 
 and boats engaged in fishing, or trading illognlly with slaves, or 
 disseminating incendiary publications on any river of this State, 
 and to cause oftenders therein found against any of the laws of 
 this State to be committed or bound over to answer for offences 
 affainst such laws. 
 
 ARTICLE \'. 
 
 BOATS AND CRKWS. 
 
 Sectiox. I Section. 
 
 15G0. Bills of lading- must ))e granted. j 1562. Tratlic with hands, A'c, proliibited- 
 1561. Penalty for refusiim' sndi hills. 15(5.'!. Sliippin.u' of articles prohibited. 
 
 §15r)0. It shall l)e the duty of all owners or agents of boats owners of 
 employed in the navigation of the navigable waters of this State, ^int bm^of 
 to grant to each and every boat, respectively, previously to its ''*'''"^' *'" 
 departure from the wharf or landing, a certificate or bill of la- 
 ding, showing its destination, contents, and the name of its cap- 
 tain or patroon, and consignee, which certificate or bill of lading 
 shall at all times be subject to the examination of any free white 
 person requiring the same, and no person of color shall be cap- 
 tain or patroon of siich boat. 
 
 § 1561. Any such owner or agent neglecting or refusing to fui'- p^.a^itv for 
 nish certificate or bill of lading, and any such captain or patroon IJ^^^j granting 
 refusing to exhibit the same on demand as aforesaid, may be sev- j,"-,)''"^^'*" 
 erally indicted, and for every ofi'ence, be fined in a sum not ex- 
 ceeding fifty dollars, and any owner or agent as aforesaid, em- 
 ploying any person of color as captain or patroon as aforesaid, 
 shall on conviction, be fined at the discretion of the court, one- 
 half the penalty in any such case to go to the informer, and the 
 
310 PT. 1.— TIT. 16.— CHAP. 7.— Agkiculture, Trade, &c. 
 
 Article 5. — Boats and Crews. 
 
 other half to the use of the county where such conviction takes 
 
 place. 
 Owner of 8 1562. It sliall not be lawful for any owner, captain or patroon 
 allow illegal of a boat. naviffatiuo; any of the navio;able rivers ol this State, to^ 
 
 traffic with , ' , 
 
 hands or ne- suficr or permit any boat hand or neo;ro to put on board such 
 
 groes. '- '' ^ o J 
 
 boat, any corn, cotton, rice, stock, poultry or other articles that 
 may by law be prohibited, as an article of traffic to such boat 
 hand, as the property of such boat hand, nor shall such owner or 
 patroon suffer the l)oat hands or other negroes on board such 
 l)oat to barter or trade the one with the other, in any such article 
 or articles of produce under any pretext whatever, under penalty 
 of line and imprisonment at the discretion of the court, on con- 
 viction of the party for violating any of the foregoing provisions. 
 Owner not §1563, No owiicr, captaiii or patroon of such boat, shall per- 
 ries shipped, mit any such boat hand to take with him any such articles, unless 
 hill of lad- the same shall be stated in such certificate or bill of lading, and 
 be intended for such negro's own use, and sucli articles shall be 
 immediately under the direction of such owner, captain or pa- 
 troon, or the agent of the owner, under penalty of fine and im- 
 prisonment, at the discretion of the court for every offence against 
 any of said provisions. 
 
 ins:. 
 
 ARTICLE yi. 
 
 PEDDLERS. 
 
 Section. 
 
 1564. License to peddle — how obtained. 
 
 1565. License — when unnecessary. 
 
 Section. 
 
 1568. Each vehicle must be licensed. 
 
 1569. License — power of J. I. C. to grant. 
 
 1566. Goods not to be sold by sample. I 1570. Citizens only can obtain a license. 
 
 1567. Qualification, &c., of peddler. 1 1571. Indictment and trial. 
 
 License to §1561. Every pcddlcr or itinerant trader, by Sample or otlier- 
 peddie. ^jgg^ j^ any article not manufactured in this State, must apply 
 to the Clerk of the Inferior Court of each county where he may 
 desire to trade, for a license, which shall be granted to him on 
 the terms the Justices of the Inferior Court have or may impose. 
 If they have made no rule, such Clerk shall immediately inform 
 such Justices. They are authorized to impose such tax as they 
 may deem advisable ; Provided, it is not less than fifty dollars, 
 to be used for county purposes. Tlie license extends only to the 
 limits of the countv. 
 
PT. 1.— TIT. 16.— CHAP. 7.— Agkicultuke, Trade, ifcc. 311 
 
 Article 6. — Peddlers. 
 
 § 1565. None of the provisions of this article shall extend to Exceptions. 
 persons selling the agricultural ])roducts of any slaveholding 
 State, nor to persons selling agricultural implements. 
 
 §1566. A person, not a citizen of this State, shall not sell any G^o^^g „ot to 
 article, not manufactured in this State, hy sample. sample. ^ 
 
 §1567. The peddler shall furnish said Clerk with evidence ofQ„aiif5ca- 
 his good character, and shall take and subscribe before him this olXTpld- 
 oath : " I swear that I will use this license in no other county *""" 
 than the one for which it is granted, nor sufter any person to use 
 it in my name, and that I am a citizen of this State. So help 
 me God."' Said oath and license must be entered in the book 
 kept for that purpose, and the license must contain a description 
 of the person of the peddler. 
 
 § 156S. There shall be separate licenses for every wagon, cart, Must be a 
 or other vehicle (or each horse, if the peddling is done on horse- oachv^oM- 
 back) employed or used in vending such goods, wares or mer- ''*' 
 chandise, which shall be shown to any officer, civil or military, 
 demanding it, and, on failure or refusal so to exhibit, the peddler 
 forfeits five hundred dollars to be recovered on suit of the in- 
 former- — one-half to go to the informer, the other to the Educa- 
 tional Fund of the county. 
 
 §1569. The Justices are authorized to grant licenses to ped- Authority of 
 die to indigent and infirm persons upon such terms as they, in "^" ^" ^• 
 their discretion, may impose. 
 
 §1570. A foreignc]-, not a citizen, shall not be granted license Foreigners 
 to peddle, unless he shall have declared his intention to become hcTnsTd.^" 
 a citizen, and he shall sMcar to such fact, instead of that he is a 
 citizen. 
 
 § 1571. On the trial of a foreigner for illegal peddling, whether in in.iiet- 
 with or without license, the State is only required to prove theoimsls^on 
 peddling, and the foreigner must show, in defence, his eligibility, [i';!^""*^""*- 
 
 » 
 
312 PT.' 1, — TIT. 17. — Salakies and Fees of Officers. 
 
 Chapter 1. — Officers connected with the Executive Department. 
 
 TITLE XVII. 
 
 SALARIES AND FEES OF OFFICERS. 
 
 CHAPTER I. 
 
 OFFJCl'iRS CONNECTED WITH THE EXECUTIVE DEPARTMENT. 
 
 Section. 'Section. 
 
 1572. Salaries of Executive officers. | 1573. Pay of those without fixed salaries 
 
 Salaries of §1572. Tlie Salaries pel' aniuini of such officers, respectively, 
 
 ?fflce"r" are as follows: 
 
 The Governor, $ 4000 00 
 
 The Governor's Secretaries, eacli, 1250 00 
 
 The Governor's Messenger, 500 00 
 
 The Comptroller General, 2000 00 
 
 The State Treasurer, 2000 00 
 
 The Secretary of State, 1600 00 
 
 The Surveyor General, 1600 00 
 
 The State Librarian, 800 00 
 
 Payofoffl- §1573. All persons employed by the Governor, for whom no 
 
 cers whose . . i. ^ d 7 
 
 salaries are compensatioii is prescribed, are paid, according to his discretion, 
 out of the money appropriated therefor. If no money is thus ap- 
 propriated, and the employment is indispensable, he has the 
 privilege to pay them out of the contingent fund. 
 
 CHAPTEE II. 
 
 OTHER OFFICERS APPOINTED BY THE GOVERNOR. 
 
 Section. Section. 
 
 1574. Pa}- of officers appointed, kc. 1575. Goveruor ma,y fix pay, c'i:c. 
 
 Payofoffi- §1574, The salaries per annum of sucli officers, respectively, 
 
 cers ap- ,• 1 1 
 
 pointed by are as lollows : 
 
 The Trustees of the Lunatic Asylum, each, if; 100 00 
 
 The Principal Keeper of the Penitentiary, 1600 00 
 
 The Assistant Keeper of the Penitentiary, 800 00 
 
 The Book-Keeper of the Penitentiary, 1000 00 
 
 The Physician of the Penitentiary, 500 00 
 
 The Chaplain of tlie Penitentiary, 150 00 
 
 The Military Store-Keeper at Savannah, 300 00 
 
 The Military Stoi-e-Keeper at Milledgeville 150 00 
 
 ^rfj 
 
PT. 1.— TIT. 17.— Salakies .vnt> Feks of Officers. 313 
 
 Chapter 2. — Other Officers appointed by the Governor. 
 
 §157o. It tlie Governor estabbslies other places ot keepma: tlieoovornor 
 ,,. , , r 1 1 T 1 • /. ,, mayfixth.- 
 
 military stores of the btate, he mav rej^iilate tlie salaries ot allpayofccr- 
 
 the keepers thereof, so as the compensation -will be in proportion 
 
 to their respective duties and responsibilities, M-hich. M-hen done. 
 
 shall be reported to the General Assembly. 
 
 ClIAPTEll III. 
 
 OFFICERS APPOINTED BY THE TRUSTEP]S OF CERTAIN INSTITUTIONS. 
 WHO ARE PAID IN WHOLE, OR IN PART, FROM THE STATE TREA- 
 SURY, OR OUT OF STATE APPROPRIATIONS. 
 
 Skctiox 1576. Sularv of officers of A-'sylum. ilc. 
 
 §1576. The salaries per annum of such officers, respectively, sniary of 
 
 x» n ficcrs of 
 
 are as tolloWS : Asylum. Ac 
 
 The Superintendent and Principal Physician of the Lunatic 
 Asylum, $ 2500 00 
 
 The Assistant Physician, 1250 00 
 
 The Superintendent of the Georp:ia Military Insti- 
 tute, 25<H) 00 
 
 of- 
 
 lers. 
 
 CHAPTER IV. 
 
 OFFICERS CONNECTED WITH THE LEGISLATIYE DKPARTMENT. 
 Section' 1577. Salary and fees of Le!i'i.«lati\e otlicer.^. 
 
 §1577. The salaries, per session, of the officers connected with salaries and 
 ■said department, who receive such, and which are embraced inisMrve^m- 
 the appropriation for the })ay of ofricers and members of the" 
 General Assembly arc — 
 
 The Secretary of the Senate, !t^500 00 
 
 The Clerk of the House of Representatives 50o Oo 
 
 The fees of said officers are — 
 Por every extract of a private nature, per copy sheet,.. . 15 
 
 " Certifying; an extract of a private nature, 50 
 
 ■*' Certifyiup: an act for the benefit of au individual, or 
 
 corporation, or society ;> 00 
 
 • 
 
314 
 
 jPT. 1. — TIT. IT. — Salaries and Fees of Officeks. 
 
 Chapter 5. — Officers connected with the Judicial Department. 
 
 CHAPTER Y. 
 
 OFFICERS CONNECTED WITH THE JUDICIAL DEPARTMENT. 
 
 Salaries of 
 Judges and 
 Solicitors 
 General. 
 
 ITees of So- 
 licitor Gen- 
 eral. 
 
 Section. 
 
 1578. Salaries of Judges & Sol's. Genl 
 
 1579. Certificate of service. 
 
 Section. 
 
 1580. Fees of Attorney General. 
 
 1581. Fees of Sol. Gen. Supreme Court. 
 
 The salaries, per annum, of such officers, are as fol- 
 
 §1578. 
 lows : — 
 
 The Judges of the Supreme Court, eacli, $3500 00 
 
 The lieporter of the Supreme Court, 1000 00 
 
 The Judges of the Superior Courts, each, 2500 00 
 
 The Solicitors General of the several Circuits, each,. . . 
 The fees of such officers are as follows: — 
 1. Solicitor General — 
 For each person prosecuted to conviction for a capital 
 
 offence, 
 
 For each person prosecuted to conviction for any other 
 
 felony, and for any violation of the laws against 
 
 gambling, 
 
 For prosecution to conviction for furnishing licjuor to 
 
 slaves, 
 
 For each person indicted or presented, except in cases 
 
 of conviction, as provided above, 
 
 For each proceeding to enforce a recognizance, 
 
 For every amount collected on such proceedings, live 
 
 per cent. 
 For every proceeding instituted to forfeit a charter, . . . 
 For services in the Supreme Court — 
 
 First^ In capital cases, 
 
 Second, Other felonies, 
 
 T/i rrd, All other cases, 
 
 Fourth, For litigated recognizance, double fees 
 and commissions. 
 For drawing a cajiias against a person indicted or pre- 
 sented and not bound over, 
 
 For drawing a ca/pias against each defaulting juror, . . 
 
 For entering a nolle proseimi, 
 
 For attending at Judge's Chamber to take the affidavit 
 
 of any person in criminal cases, 
 
 For drawing an affidavit, or any instrument of writing, 
 
 per copy sheet, 
 
 225 00 
 
 )0 00 
 
 25 00 
 
 15 00 
 
 5 00 
 5 00 
 
 100 00 
 
 50 00 
 30 00 
 15 00 
 
 50 
 50 
 25 
 
 1 00 
 
 10 
 
PT. 1.— TIT. 17.— S.U.ARIES a:si> Fees of Officers. 315 
 
 Article 5. — Officers connected with the Judicial Department. 
 
 For plain collections for the State, five per cent. 
 For litigated collections for the State, 10 per cent. 
 For services in cases not mentioned, where the State is 
 an interested party, at the discretion of the Gov- 
 ernor, not exceeding 50 00 certificate of 
 
 § 1579. They shall not be paid fees for litigation, without the 
 certificate of the presiding Judge that they are properly and 
 faithfully claimed as such, nor sliall they be entitled to fees on ^.J^^^^^^o fee 
 any bill ignored by the Grand Jury, nor on any bill for any spe- " •''""''■^d- 
 cies of gaming, or furnishing liquor to negroes, where the same 
 is entered nol. j^f'os. 
 
 S1580. The Solicitor General, who, bv virtue of his office, is Foes of At- 
 
 1 1 n • /• torney Gen- 
 
 Attorney General, has the tollowmg fees : — trai. 
 
 For every written opinion he is legally required to make, $25 00 
 For prosecuting a Solicitor General, the payment of his 
 
 necessary expenses, and 50 00 
 
 For services in any case where the State has an interest, 
 and his services are required, the payment of his ne- 
 cessary expenses, and 50 00 
 
 For suits for and collection of money, on account of the State, 
 out of his circuit, when litigated, ten per cent, upon amount 
 collected, and five per cent, if not collected — if not litigated, 
 fees of Solicitor General. 
 For any service performed, for which a fee is not prescribed, the 
 Governor may pay him what he deems reasonable and just, 
 and report the same to the General Assembh\ 
 §1581. The fees of the Solicitors, for services rendered in the Fees of so- 
 Supreme Court, shall be paid by the State, on the warrant of thcpreme^"^'^ 
 Governor, in all cases when the Solicitor shall present the certifi- 
 cate of the Clerk of the Supreme Court, as to the services, and 
 of the Clerk of the Superior Court to the fact that tlie defendant 
 was acquitted, or was unable to pay the costs. 
 
 9( 
 
316 PT. 2.— TIT. 1.— CHAP. 1.— Pers 
 
 ONS. 
 
 Article 1. — Of Citizens. 
 
 PART II. 
 
 CIVIL CODE. 
 
 TITLE I. 
 
 OF PERSONS. 
 
 CiiAi'TEK 1. Difterent kinds of persons, their riglits and status. 
 CirAPTER 2. Of domicil, and the manner of changing the same. 
 
 CHAPTER I. 
 
 OF THE DIFFP:RKXT kind op persons, their RICmTS AND STATUS. 
 
 Article 1. Of citizens. 
 
 Article 2. Of residents and aliens. 
 
 Article 3. Of slaves and free persons of color. 
 
 Article 4. Of corporations. 
 
 APvTICLE I. 
 
 of citizens. 
 
 Sectiox, : Section. 
 
 1582. Natural and artificial persons. | 1587. Females. 
 
 1583. Division of natural persons. , 1588. Minors. 
 
 1584. Citizens. | 1589. Disqualification from crime. 
 
 1585. Rights of citizens. \ 1500. Insane persons. 
 
 1586. Exercise thereof 
 
 Natural and §1582. Pei'soiis are either natural or artiiicial — the latter are 
 
 artificial per- , i>ii i /> t • -i 
 
 sons. tlie creatures oi the law, and except so far as the law forhids it, 
 
 subject to be changed, modified or destroyed at the will of their 
 creator — tliej are called corporations. 
 
 Division of §1583. JSTatural persons are distinOTished according to their 
 
 natural per- , ^ & r> 
 
 sons. rights and status into 1, citizens; 2, residents not citizens; 3, 
 
 aliens ; 4, slaves ; 5, free persons of color. 
 
 Citizens. §1584. The persons to whom belong the rights of citizenship 
 
 and the mode of acquiring and losing the same, have been speci- 
 fied in a former article. 
 
 Rights of. §1585. Among the rights of citizens are the enjoyment of 
 personal security, of personal lil)erty. and private property, and 
 
PT. 2.— TIT. 1.— CHAP. 1.— Persons. 317 
 
 Article 1. — Of Citizens. 
 
 the disposition thereof, the elective francliise, tlie right to hold 
 office, to appeul to the courts, to testify as a witness, to ])erforin 
 any civil function, and to keep and bear arms. 
 
 §1586. All citizens are entitled to exercise all their rights as Exercise 
 such, unless specially prohibited by law. thereof. 
 
 §1587. Females are not entitled to the i)rivilege of the elec- Females, 
 tive franchise, nor can they hold any civil office or perform anv 
 civil functions, unless specially authori;ced by law, nor are they 
 re(pnred to discharge any military, jury, ])o]ice. ])atrol or road 
 duty. 
 
 §1588. The law ])rescril)es certain ages at which persons shall Minor*. 
 be considered of sufficient maturity to discharge certain civil 
 functions, to nudce contracts, and to dispose of property. Prior 
 to those ages they are minors, and are foi* that disability unable 
 to exercise these rights of citizens. 
 
 § 1589. Citizens under conviction by a court of this State for aiMsqnaiflca- 
 felony are incapable of exercising the elective iVanchise pending crinie'""" 
 the execution of their sentence. And all persons, citizens or 
 otherwise, convicted of perjury, talse swearing or forgery shall 
 be incapable of testifying as a witness ])ending the execution of 
 their sentence. 
 
 §1590. All persons uon t'oinpo.'< mentis, iiixhev from birth orinsamper- 
 from subsequent causes, constantly or i)eriodically, or from age, ^*'°*' 
 infirmity, drunkenness, or otherwise incapable of managing their 
 aftairs, have their persons and estates, or either of them, placed 
 in the control of guardians. Such persons retain all the rights 
 of citizens, which they have the i-ai>acity to enjoy, and whicli 
 are com])atible with their situation. 
 
 ARTICLE II. 
 
 OF ki-:std]':nts and aliens. 
 
 Seotiox. Section. 
 
 1591. Riglits of (.Mti/.cns of ('. S. 
 
 1592. Aliens. 
 
 1593. Rights of Aliens. 
 
 1 594. As to realtv. 
 
 1595. Rights to sue and testify. 
 
 1596. Liens. 
 
 1597. Privileges of certain Frenchmen. 
 
 1598. Militia dntv. 
 
 § 1591. Such citizens of the other States of this Confederacy asui^htsofeit- 
 are recognized as citizens of the Confederate States by the Con- ^'■"' °^ *^- ®- 
 stitution thereof, shall be entitled while residents of this State to 
 all the riglits of citizens thereof, except the elective franchise and 
 
318 PT. 2.— TIT. 1.— CHAP. 1.— Peksons. 
 
 Article 2. — Of Residents and Aliens. 
 
 tlie right to hold office, and to perform such civil functions as are 
 confined bv law to citizens of this State. 
 
 Aliens. § 1592. Aliens are the subjects of foreign governments not nat- 
 
 uralized under the laws of the Confederate States. 
 
 Eights of §1593. Aliens the subjects of governments at peace with the 
 Confederate States, and this State, so long as their governments 
 remain at peace, shall be entitled to all the rights of citizens of 
 other States resident in this State, except to hold and own real 
 estate for a longer period than a lease from year to year. 
 
 As to realty. § 1594. Adult female aliens, minor aliens, and aliens who have 
 filed their petition to become citizens under the laws of the Con- 
 federate States, shall have the privilege of purchasing, holding 
 and conveying real estate in this State. 
 
 Eights to sue §1595. The free white citizens of other States of the Confede- 
 es I y. Y,^(.j^ Qj. Qf foreign States at peace with this State, and friendly 
 Indians, shall by comity be allowed the privilege of suing in our 
 courts or testifying as witnesses therein, so long as the same com- 
 ity is extended in their courts to the citizens of this State. 
 
 Liens. § 1596. Aliens may receive and enforce liens by mortgage or 
 
 otherwise on real estate in this State. 
 
 Privileges of §1597. lu accordaucc with the recommendation of the Con- 
 
 jY^chmen. grcss of tlic United States expressed in the resolution passed on 
 14th January, A. D., 1780, the citizens of the French Govern- 
 ment shall continue to have the privilege of disposing of and set- 
 tling tlieir estates within this State, as provided in the act of this 
 State, approved February 22d, A. D., 1785. 
 
 Militia duty. § 1598. Residcuts, not citizens, and resident aliens, shall not 
 be liable to militia duty, except so far as in repelling|local inva- 
 sions or suppressing insurrections. 
 
 ^&» 
 
PT. 2.— TIT. 1.— CHAP. 1.— ART. 3.— Persons. 319 
 
 Section 1. — Of Slaves. 
 
 ARTICLE III. 
 
 OF SLAVES AND FREE PERSONS OK COLOR. 
 
 Section 1. Of slaves. 
 
 Section 2. Of free persons of color. 
 
 SECTION T. 
 
 OF SLAVES. 
 
 Section. Section-. 
 
 1599. Definition of slave. 1605. Acquisition of .slave. 
 
 1600. Presumption of slaverj. 1606. Property of slaves. 
 
 1601. Mulatto. 1607. Children follow their mother. 
 
 1602. Chattels. 1608. Free person may sell himself, &c. 
 
 1603. Natural ris:hts. 160r». Importation of slaves. 
 
 1604. Dominion of third persons. 1610. American Colonization Society. 
 
 § 1599. A slave is one over whose person, liberty, labor and Definition of 
 property another has legal control. ''''''*"'^- 
 
 §1600. All negroes and mnlattoes are deemed, and are hereby presump- 
 declared to be ^'2^ri?na facic'^ slaves, and it rests upon those al-ry.""**"*^*"" 
 leging freedom to prove it. 
 
 §1601. A mulatto is one in whose veins there is at least one- Mulatto, 
 eighth of negro blood. 
 
 §1602. All slaves are chattels personal, and to be governed byciiatteis. 
 the same laws, except in cases expressly provided by statute, or 
 where the nature of the property requires a modification of the 
 ordinary rule. 
 
 1603. The laws of nature guarantee to every man the right Natural 
 to his life and his limbs, unless forfeited for crime. The state of "^''**" 
 slavery debars no one of this right. 
 
 § 1604. While the slave is under the dominion of his master. Dominion of 
 third persons have no right of dominion over him, farther than son 8*^ ^'"" 
 the laws give such right for police purposes. 
 
 § 1605. A slave cannot acquire or hold property. All his ac- Acquisition 
 quisitions belong to his master. Gifts to him accompanied bv*'^"'"^'®'^ 
 delivery, accrue to the benefit of the master ; \vithout delivery 
 they cannot be enforced by law. 
 
 § 1606. All property held by a slave, with tlie consent of the property of 
 master, is subject to the will of the master at anv time. *'*"''■ 
 
PT. 2.— TIT. 1.— CHAP. 1.— ART. 3.— Peksons. 
 
 Section 1.— Of Slaves. 
 Children foi- §1607. TliG ciiildren of all female slaves sliall follow the con- 
 
 low the 
 
 mother. clition of tlicir mother, and shall 1)elong to the person holding- 
 title to the mother at the time of their birth. If there be several 
 estates in the mother, the same shall attach to the offspring. 
 
 Free person ff 16U8. A free porson of color, over twenty vears of age, may 
 
 may Bell " ^ ./ i o 7 »/ 
 
 ^l^fr^ '°'^° voluntarily sell him or herself into slavery. In all such cases 
 the sale must be made openly at a regular term of the Inferior 
 Court of the county, when the Justices of said court shall pri- & 
 vately examine such free persons of color to satisfy themselves of "^ 
 liis or her free consent. A record sliall be made of such sale in 
 the minutes of said term, and also in the book of registry of 
 free persons of color in said county. 
 
 Importation §1609. Slaves may be brouglit iuto tliis State from anj^ other 
 slaveholding State of this Confederacy ; but no negroes, or other 
 slaves, shall be imported into this State either as slaves or appren- 
 tices, from their native land, or any foreign country; and all such 
 negroes, so illegally imported into this State and placed under 
 the control of the Executive of tliis State, shall be sold by his 
 order under such regulations as he may prescribe ; one-fourth of 
 the proceeds of such sale shall be given to the person or persons 
 instrumental in causing the said negroes to be seized under the 
 Acts of Congress, and the remainder sliall be paid into the trea- 
 sury of this State. 
 
 American §1610. If prior to Said Sale the American Colonization Society 
 
 Society!*'^"'' shall voluntarily propose to take possession of such negroes, and 
 at their own expense colonize the same in Africa, the Governor 
 is authorized to deliver the same to them. 
 
 SECTION' II. 
 
 OF FKEE PERSONS OF COLOR. 
 
 Sectio.v. Section. 
 
 1611. Who rav. j IGIT. Registry p^octedmg^?. 
 
 1612. Rights of free i)er;-:on. ] 1618. Objections. 
 
 1613. Inchided in slave laws. 1619. Registry — what it shall eoutain. 
 
 1614. Immigration prohibited. 1620. Proceeding for failure. 
 
 1615. Residence in free State. 1621. Absence of six months. 
 
 1616. Colored seamen. 1G22. Di.scretiou of Inferior Court. 
 
 Who are. §1011. Free persons of color are either emancipated slaves, or 
 
 their descendants, or such persons as sliall have at least one- 
 eighth of negro blood in tbeir veins. 
 
PT. 2.— TIT. 1.— CHAP. 1.— AKT. 3.— Persons. 321 
 
 Section 2. — Of Free Persons of Color. 
 
 S1612. The free person of color is entitled to no risjht of citi- RigHs of 
 
 " *■ . I . . free persona. 
 
 zenship, except such as are specially ijiven by law. His status 
 diifers from that of the slave in this: No ina.ster having dominion 
 over him he i> cntitU'(l to the free use of his liberty, lal>or ana 
 property, exce]>t so fai- as he is restrained by law. 
 
 §1013. All h-nvs enacted in reference to slaves, and in their jn^iuded in 
 nature a])})licable to free persons of color, shall be construed to *''"'" '*''*■ 
 include them, uidess specially excepted. 
 
 §1014. Xo free ])erson of color, non-resident of this State, immigratioB 
 shall be allowed at any time to come within the limits of this ^'■°''*''*^^'^ 
 State, regularly articled seamen or ajiprentices arriving in any 
 ship or vessel excepted. The exception above, in tavor of articled 
 seamen and apprentices, shall not apply if found Mithin this 
 State twenty days after the dei)arture of the vessel upon M-hich 
 they arrived, or after his or their discharge from such vessel. 
 
 §1015. Xo free person ot color, resident iji this State, Avhou^iaonceiD 
 shall sojourn for a period longer than six months in a non-slave- '^''''®^'*^ 
 holding State, shall be permitted to return to this State, and 
 such person so returning shall be treated and dealt with as a non- 
 resident free person of color as provided in the foregoing section. 
 
 §1610. Colored seamen arriving in this State, from any non- colored sea- 
 slaveholding State, shall be subject to the municipal regulations"*'^ 
 of the port, or city, or town near or in which the vessel may be 
 with which they are connected; and such municipal authorities 
 are authorized, in addition to such regulations, to require such 
 bond of the cai)tain, or other officer of such vessel, as mav be 
 necessary for the due execution of their ordinances. 
 
 §1017. Every free person of color, over the age of sixteen Registry 
 years, resident in this State, shall on or by the first day of j^jy P'-"<=««d'°g»- 
 next after the adoption of this Code, and all those under that 
 age within one year after his or her arrival at said age, apply to 
 the Ordinary of the county of his or her residence and demand 
 to be registered as a free person of color ; and upon a change of 
 the residence of such free person of color into another county 
 such demand shall be made in such county within one year after 
 such change of residence. If such free person of color has been 
 heretofore adjudged or recognized by the court of the county as 
 free, and a guardian appointed for him or her, the Ordinary may 
 immediately enter his or her name on the registry and "-rant a 
 certilicate of such registry to the applicant. If such free person 
 ha-s not thus been adjudged and recognized, the said Ordinary 
 21 
 
322 PT. 2.— TIT. 1.— CHAP. 1.— AET. 3.— Persons. 
 
 Section 2. — Of Free Persons of Color. 
 
 sliall enter his application on the docket of said court, and give 
 notice of tlie same at the court liouse door, and also written no- 
 tice to the person with whom such applicant is then residing. 
 At the next term of said court, if no objection is filed and no 
 claim of ownership is made to said applicant, the said court shall 
 hear evidence exj>arte as to the fact of such applicant being a 
 free person of color^ of which fact evidence of five 3'ears' unin- 
 terrupted enjoyment of liberty within this State shall be sufii- 
 (d'\Qi\t 2>rima facie proof, and if satisfactory evidence be produced 
 the court shall register such applicant as a free person of color, 
 and shall immediatel_y take steps to have some proper person 
 appointed guardian of such applicant. If tlie evidence be not 
 satisfactory the court shall refuse the application and leave the 
 applicant to the penalty hereinafter prescribed. 
 
 obections § 1018. If objcctiou bc filed to such registry, or a claim of 
 ownership be interposed, an issue sliall be made and a guardian 
 
 thereon. ^^ liteiii appointed by the court for such applicant, which issue 
 shall be tried by the Ordinary as other cases pending in said 
 court, and an appeal allowed to either party to the Superior 
 Court of said county. 
 
 Rcsistry- § 1619. The Ordinary in registering each free person of color, 
 
 «mtain.^''''" shall statc his name, age, i>arentage, place of nativity and resi- 
 dence, his occupation or pursuit, together with as accurate a 
 description of his personal appearance as possible. And the 
 registry so kept shall be always open to the inspection of all 
 persons. The registry heretofore kept by the Clerks of the 
 Inferior Court shall be turned over to the Ordinaries. 
 solution § 16-0. Every free person of color failing to comply with the 
 
 forfoiiure. proyisions of section 1617, may be proceeded against in the same 
 manner, and subject to the same penalties as are hereinafter pre- 
 scribed in cases of non-resident free persons of color coming into 
 this State, which prosecution may be repeated until such free 
 person shall cause his name to be registered as aforesaid. 
 
 Absence of §1621. A free pcrsou of color, registered as aforesaid, by an 
 
 six months, absencc of uiorc than six mouths from this State, shall lose all 
 the benefits of such registration, and shall not be permitted again 
 to have the benefit of this law. 
 
 § 1622. The Ordinary shall inquire into the character of appli- 
 
 Discrction " "^ ^ i j • • 
 
 of Ordinary, cauts for registration, and shall have power and discretion to re- 
 fuse the right to any such as have a bad character. 
 
PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons. 323 
 
 Section 1. — Nature and kind of Corporations. 
 
 ARTICLE IV. 
 
 OF CORPORATIONS. 
 
 •Section 1. Their nature and kinds. 
 
 Section 2. Tlieir creation. 
 
 Section 8. Their power>^ and liabilitie.-^;. 
 
 •Section 4. Tlieir dissolution. 
 
 SECTIOX I. 
 
 THKIR NATURE AND KINDS. 
 
 Section. 
 
 1623. Defiuition. 
 
 1624. Public and private. 
 
 Section". 
 162:-.. Public. 
 162G. Private. 
 
 §1623. A corporation is an artificial person created bj law for i^.^nition. 
 «pecific purposes, the limit of whose existence, powers and lia- 
 bilities is fixed bv the act of incorporation, usually called its 
 <'harter. 
 
 §1624. Corporations are either public or private. rnbiicor 
 
 §1625. A public corporation is one having for its object thep"^*;/ 
 administration of a portion of the powers of government, dele- 
 gated to it for that purpose — such are municipal corporations. 
 
 § 1626. All others are private, whether the object of incorpo- rrirate. 
 ration be for public convenience or individual profit, and whether 
 the purpose be, in its nature, civil, religious or educational. 
 
 SECTIOX II. 
 
 THEIR CREATION. 
 
 'Section. 
 
 1627. By whom created. 
 
 1628. Foreign corporation.^. 
 
 1629. Organization under order of court. 
 
 Section. 
 
 1630. Manufacturing corporation. 
 
 1631. Companies for direct trade. 
 
 §1627. The power to create corporations in this State vests uy who.^ 
 only in the General Assembly, by whom all chartei-s, either di- "''*^''' 
 rectly or indirectly, must be granted. 
 
 § 1628. Corporations created by other States or foreign gov- Foreip oor- 
 ernments, are recognized in our courts only by comity and so ^^^"'^ 
 
324 FT. 2.— TIT. 1.— CIIAF. 1.— ART. 4.— Pekrons. 
 
 Section 2. — Creation of Corporations. 
 
 long as the same comity is extended in their courts to coi-poration.v 
 created by this State. 
 Organization §1629. A i)rivate Corporation, for any purpose whatever, ex- 
 of'TOur^'^'''^ cept bankinn: or insurance, may be created in this State by com- 
 
 j)lyino; with tlie following- provisions : 
 Petition. 1. A petition by the persons desiring a charter to either the 
 
 Re-^K*. euJ Superior or Inferior Court of the county where a majority of the- 
 corporators reside, or in which they may desire to transact busi- 
 ness, setting forth the object of their association, and the privi- 
 leges they desire to exercise, together with the name and style 
 by which they desire to be incorporated, which petition. In' order 
 of said (;ourt, shall be entered in full upon its minutes. 
 Ordor. 2. If, upon hearing such petitioTi, the court shall be satisfied 
 
 <-K^t «<^'*/-«^ that the application is legitimately within the purview and inten- 
 , l'\ tion of this Code, it shall pass an order declaring the said appli- 
 
 r fir cation granted, and the petitioners and their successors incorpo- 
 (nr rated for aiul during a term not ex(;eeding/fourteeij) years, with 
 
 ^ the privilege of renewal at the expiration of that time, according 
 to the provisions above set forth. A certified copy of this peti- 
 tion and order under the seal of the court, shall be evidence ot" 
 such incorporation in any court in this State. 
 -^ indiTiduaJ z'^'^- The individual members of such corporations, whenever the 
 - ■'/MftWi'tj:- , ^-object of the association is for the purpose of trading or transact- 
 '^'- 1 ing business for profit, shall be jointly and severally bound for 
 
 ' "^ ''**^-' KALthe ultimate payment of all the contracts of said companies, in- 
 ^\%K^' 'j ivQurred while they are members of the same. 
 
 Fee*. ■^- The Clerk of the court, for his services, shall receive the- 
 
 usual fees allowed for similar services in other cases. 
 
 Powers. »">. Corj>orations thus created may exercise all corporate powers 
 
 necessary to the purpose of their organization, but shall make no 
 contract or purchase, or hold any ])roi)erty of any kind, exce])t 
 such as is necessary in legitimately cari'ying into effect such pur- 
 pose, or for securing debts due to the company. 
 
 Manufactu- ''^l^oO. A private corporation, for the purpose of manufactu- 
 
 ^^s corpo- j-jiig^ inay be created without the stockholders incurring an indi- 
 vidual liability for its indebtedness by (complying with the fol- 
 ^\ j lowing provisions : 
 
 pettfenT 1 1- A declaration by the applicants, specifying the objects of 
 their association, and the particular business they jjropose to carry 
 on, together with their corporate name, and the amount of capi- 
 tal to be employed by them, and the time, not exceeding thirty 
 
PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Pkrhons. 325 
 
 Section 2. — Creation of Corporations. 
 
 jears, f<»r which they desire to be incorporated, which declara- 
 ition sliall be signed bj all the stockholders, and accompanied by 
 the affidavit, of the ]*resident, taken before some person anthor- Affid^^it. 
 ized to administer oaths, of the amount of capital in gold and 
 silver, or notes of solvent banks, or property, at its sworn valua- 
 tion, actually paid in and employed by such corporation, 
 
 2. Sucli declaration and affidavit shall be filed in the office of publication . 
 the Clerk of the Superior Court of the county where the business 
 
 is proposed to be transacted, to be by him recorded, and shall 
 also be ])ublished once a week for two months in two public ga- 
 zettes nearest to the point where such business is located. At 
 the expiration of the said time, the Clerk of said court shall issue 
 a certified copy of said declaration and affidavit, adding tlic time 
 and manner of imblication, which shall be held and received as 
 evidence of the charter of said corporation in any court in this 
 State. 
 
 3. If such corporation shall, at any time, desire to increase increasing 
 their capital stock, an afiidavit, like to the above, shall be made, **'**' 
 recorded and published as above, and a new certificate issued. 
 
 4r. If the affidavit taken bv the President be false as to the Effect of 
 amount ot capital, bona Jide paid in, each and every corporator vit 
 shall be jointly and severally lialjle for all debts and contracts 
 made at any time by said corporation. 
 
 5. The whole amount of the indebtedness of such corporation, Kxtcnt of in- 
 not counting its capital stock, shall not, at any time exceed the 
 •capital stock actually paid in. And in case of a violation of this 
 provision, the officers and agents by whom such excess shall be 
 created, shall be jointly and severally liable to the extent of such 
 ■excess, for all the debts of the company then existing, and also 
 
 for all debts contracted while they are in office, until the debts 
 shall be reduced to the amount of the ca2)ital stock actually paid 
 
 6. Such corporation may exercise all corjjorate powers neces- powe«. 
 eary for the purpose of their organization, and may hold such 
 
 real estate, and other property as may be necessary for such pur- 
 pose, or such as they may take in settlement of any debts due to 
 them, and may dispose of the same. 
 
 7. The regular fees shall be paid to the clerk for the services Fees. 
 \ performed by him. 
 
 &S1631. For the encouragement of direct trade with foreign companies 
 . . . " 1 . , ■, ,. 1 . 1 • i. for direct 
 
 untnes, private corporations, having such trade tor their object, trade. 
 
326 
 
 PT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons 
 
 Section 2. — Creation of Corporations. 
 
 may be formed by any number of the citizens of this State, by- 
 complying with the provisions of the foregoing section, incorpo- 
 rating manufacturing companies, with this modification, that 
 only ten per cent, of tlie capital stock shall be required to be paid 
 in before the affidavit of the President is made, and that the capi- 
 tal stock shall, in every case, be at least two hundred aiid fifty 
 thousand dollars. 
 
 Continu- 
 ance. 
 
 Common 
 lowers. 
 
 Besponsi- 
 bility for 
 acts of offi- 
 oers. 
 
 SECTION III. 
 
 TlIK TOWERS AND LIABILITIES OF CORPORATIONS. 
 
 Section. 
 
 1632. Continuance. 
 
 1633. Common i)0wers. 
 
 Section. 
 1634. Responsibility for acts of officer.'; 
 
 §1632. Corporations have continuous succession during the- 
 time limited by their charter, notwithstanding tlie death of their 
 members. Should any charter granted in future by the General 
 Assembly to a private corporation be silent as to its continuance, 
 such charter shall expire at the end of thirty years from the date- 
 of its grant. 
 
 § 1633. All corporations have the right to sue and be sued, to 
 have and use a common seal, to make by-laM's, binding on their 
 own members, not inconsistent -with the laws of this State and 
 of the Confederate States, to receive donations by gift or will, tO' 
 purchase and hold such property, real or personal, as is neces- 
 sary to the purpose of their organization, and to do all such acts 
 as are necessary for the legitimate execution of this purpose. 
 
 §1634. Every corjioration acts through its officers, and is re- 
 sponsible for the acts of such officers in the sphere of their ap- 
 propriate duties; and no corporation shall be relieved of its lia- 
 bility to third persons for the acts of its officers, by reason of any 
 by-law or other limitation upon the ])ower of the officer, not 
 known to such third person. 
 
FT. 2.— TIT. 1.— CHAP. 1.— ART. 4.— Persons. 327 
 
 Section 4. — DiRsoliition of Corporations. 
 
 SECTION IV. 
 
 OF TTIF, DISSOLUTION OV CORPORATIONS. 
 
 Section. Section. 
 
 1635. Of public corporations. 1G40. Surrender. 
 
 1636. In private charters. 1641. Death of members. 
 
 1637. Heretofore granted. 1642. Disposition of assets. 
 
 1638. How dissolved. 1643. Collateral liabilities. 
 1630. llow forfeited. 
 
 §1635. Public corporations being establislied for public purpo- p^^^j.^ ^^ 
 ses, are always subject to dissolution by tbe act of the General P"™"*"^*- 
 Assembly. 
 
 §1630. Ill all cases of private charters hereafter granted the pHvatechar- 
 State reserves the right to withdraw the franchise, unless such 
 right is ex]iressly negatived in the charter. 
 
 §1637. Private corporations heretofore created, without the norotofore 
 reservation of the right of dissolution, and where individual ^'^° * ' 
 rights have become vested, are not subject to dissolution at the 
 will of the State. 
 
 §1638. Every corporation is dissolved^ — 1, by expiration of itsnowdis- 
 charte; 2, by forfeiture of its charter; 3, by a surrender of its 
 franchises; 4, by the death of all its members without provision 
 for a succession. 
 
 §1639. A corporation may forfeit its charter — 1, l)y a wilful ]i„,vfor- 
 violation of any of the essential conditions on which it is granted ; '^"'^'^ 
 2, by a misuser or non-user of its franchises; this dissolution 
 dates from the judgment of a court of competent jurisdiction 
 declaring the forfeiture. 
 
 §1640. A corporation may be dissolved by a voluntary sur- surrender, 
 render of its franc! lises to the State; in such case such surrender 
 does not relieve its officers or members from any liability for the 
 debts of the corporation. 
 
 §1641. The death of all the members of a corixn-ation, or of-^, „ , 
 
 I ' Doath of 
 
 so many of them as to render it impossible under the charter to i""nbcrs. 
 provide a succession, is a dissolution thereof. 
 
 §1612. Upon the dissolution of a corporation, for any cause, disposition 
 all of the propei-ty and assets of every description, belonging to ''^ ''''®*'" 
 the corporation, shall constitute a fund, iirht, for the payment of 
 its debts, and then for equal distribution among its members; to 
 this end the Superior Court of the county where such corpora- 
 tion was located, shall have power to appoint a receiver, under 
 
328 
 
 PT. 2.— TIT. 1.— CHAP. 1.— AET. 4.— Pkksons. 
 
 Section 4. — Dissolution of CoriDorations. 
 
 proper restrictions, properly to administer such assets under its 
 direction. 
 Collateral §1643. Tlic dissoliition of a corporation, from any cause, shall 
 not, in any manner, affect any collateral or ultimate, or other lia- 
 bility, le£::ally incurred by any of its officers or members. 
 
 Domicil. 
 
 Election of 
 one of two. 
 
 Transient 
 persons. 
 
 Temt co- 
 vert. 
 
 Of minor. 
 
 CIIAPTEIl IT. 
 
 OF POMICIL AND THE MANNER OF CilANiilNO THE RAMF. 
 
 Section. 
 1644. General rule. 
 
 1 G45. Persons residing- at two or more. kc. 
 1G46. Fe7ne Cover f. 
 1647. Of minor. 
 
 SECTION. 
 
 1648. Lunaties, Ao. 
 
 1649. Of slave or free person of color. 
 
 1650. Change of domicil. 
 
 1651. Of persons not '• sui jari^:'' 
 
 § 1044-. Tlie domicil of every person of full age, and laboring 
 under no disability, is the place where the family of such jjcrson 
 shall permanently reside, if in this State. If lie has no family, or 
 they do not reside in this State, then the place where such per- 
 son sliall generally lodge shall be considered his domicil. 
 
 §1045. If a person sliall reside indiiferently at two or more 
 places in this State, such person shall have the privilege of elect- 
 ing which sliall be his domicil, and if such election be made no- 
 torious, the place of his choice sliall l)e his domicil. If no such 
 election be made, or if made is not generally known among those 
 with whom he transacts business in this State, third persons may 
 treat either one of such places as his domicil, and it shall be bo 
 held. And in all cases a person who habitually resides a portion 
 of the year in one county and another portion in another, shall 
 be deemed a resident of both, so far as to subject him to suits in 
 either for contracts made or torts committed in such county. 
 Transient persons whose business or pleasure causes a frequent 
 change of residence, and having no family permanently residing 
 at one place in this State, shall be held and deemed as to third 
 person to be domiciled at such place as they at the time tempo- 
 rarily occupy. 
 
 § 1646. The domicil of a married woman shall be that of her 
 husband, except in two cases : 1, of voluntary separation and 
 living apart ; 2, of a pending application for divorce. In which 
 case her domicil shall be determined as if she were a feme sole. 
 
 § 1647. The domicil of every minor shall be that of his father, 
 if alive, unless such father has voluntary relinquished his pa- 
 
FT. 2.— TIT. 1.— Pkksoxs. 329 
 
 Chapter 2. — Of Domicil, and the manner of chanpins the name. 
 
 rental autliority to Bome other person. In sncli event the domi- 
 cil of tlie minor sliall be that of his master, if an apprentice, or 
 his employer; if neither master or employer, tlien the place 
 •of his own choice ; if the tatlier be dead, then the domicil of the 
 minor shall be that of his jruai'dian, if he has one in this State : 
 if no guardian, then of his motlier, if alive; if no mother, then of 
 his employer ; if no employer, then of his own choice. The domi- 
 cil of a bastard shall be that of his mother. 
 
 § 1048. Persons of full age, who for any cause are placed un- i^n„aac»i. 
 der the power of a guardian, have the same domicil with the 
 guardian. 
 
 §1649. The domicil of a slave is generally that of his master ; ofRiare or 
 by the master's assent he may acquire a diiferent domicil. The o^coror**" 
 domicil of a free person of color is that of his guardian. 
 
 § 1650. The domicil of a person " fiu? jinnKr may be changed change ot 
 by an actual change of residence with the avowed intention of °™'^ 
 remaining. A declaration of an intention to change the domicil 
 is ineffectual for that purpose until some act done in execution of 
 the intention. 
 
 §1651. A person, whose domicil for any reason is dependent or persoM 
 upon that of another, can by no act or volition of his, effect a "^wrw." 
 change of his own domicil, nor can a guardian change the domi- 
 cil of his ward by a change of his own or otherwise, so as to in- 
 terfere with the rules of inheritance or successi<tn, or otherwise 
 4iffect the rights or interests of third persons. 
 
330 FT. 2.— TIT. 2.— C HAP. 1.— AKT. 1.— Domestic Relations. 
 
 Section 1. — Marriage — how and by whom Contracted. 
 
 TITLE II. 
 
 OF TPIE DOMESTIC RELATIONS. 
 
 Chaptek 1. Of Imsband and wife. 
 Chapter 2. Of parent and child. 
 Chapter 3. Of guardian and ward. 
 Chapter 4. Of master and servant. 
 Chapter 5. Of master and slave. 
 
 CHAPTER I. 
 
 OP HUSBAND AND WIFE. 
 Article 1. Of marriage and divorce. 
 
 Article 2. Of the rights and liabilities of husband and wife, &c. 
 Article 3. Of marriage contracts and settlements. 
 
 ARTICLE I. 
 
 OF marriage AND DIVORCE. 
 
 Section 1. Mari'iage — how and by whom contracted. 
 Section 2. Divorces — and how obtained. 
 Section 3. Of Alimonv. 
 
 section; I. 
 
 MARRIAGE— now AND BY WHOM CONTRACTED. 
 
 Sectio.v. Sectiox. 
 
 1652. Restraint of marriage. ' 1661. Consent of parents. 
 
 1653. Essentials of marriage ' 1662. Penalty on person ofBciating. 
 
 1654. Who is able to contract. : IGCi?,. Jewish marriages. 
 
 1655. Prohibited degrees. 1G64. Amalgamation ijrohibited. 
 
 1656. Consent. 1665. Free persons of color. 
 1651. Void marriages. 1666. Of Slaves. 
 
 1658. License or bans. 1667. Want of autliority in Minister, &c^ 
 
 1659. Licenses — how granted. 1668. Marriage in another State. 
 
 1660. Return of marriage by bans. 
 
 Restraintsof § 1652. ]\Iarria.o:e is encouraged by the law, and every elibrt to 
 
 marriiise. . _ . "^ • i ' i • • i • • • 
 
 restrain or discourage marriage by coniract, condition, limitation 
 or otherwise, is invalid and void. Prohibiting marriage to a par- 
 
PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Kelations. 331 
 
 Section 1. — Marriage — ^how and by whom Contracted. 
 
 ticular person or persons, or before a certain reasonable age, or 
 other prudential provision looking only to the interest of the 
 person to be benelited, and not in general restraint of marriage, 
 will be allowed and held valid. 
 
 § 1()53. To constitute a valid marriage in this State, there Essentials of 
 
 . I marriage. 
 
 must be — 
 
 1. Parties able to contract. 
 
 2. An actual contract. 
 
 3. Consummation according to law. 
 
 §1654. To be able to contract marriage, a person must be of^i^^j^^^j^ 
 sound mind ; if a male, at least seventeen years of age, and if a ^ contract, 
 female, at least fourteen years of age, and laboring under neither 
 of the following disabilities, viz : 
 
 1. Previous marriage undissolved. 
 
 2. Nearness of relationship by blood t>r marriage as hereinafter 
 explained. ^ 
 
 3. Impotency. ^ //' 
 §1655, Persons related by consanguinity \vithin the fourthde-proijit,jtej / 
 
 gree, of the civil law, are prohibited from intermarrying. Mar- '^''^'"''^®" 
 riages between persons related by affinity in the following man- 
 ner are prohibited, viz : A man shall not marry his step-mother, 
 or mother-in-law, or widow of his uncle, or daughter-in-law, or 
 step-daughter or grand-daughter of his wife. A woman shall not 
 marry her corresponding relatives. Marriages within the degrees 
 ])rohibited by this section are incestuous. 
 
 §1050. To constitute an actual contract of marriage, the par-co„8cnt 
 ties must be consenting thereto voluntarily, and without any fraud 
 practiced upon either. Drunkenness at the time of marriage, 
 l)rought about by art or contrivance to induce consent, shall be 
 held a fraud. 
 
 §1657. Marriages of persons unable to contract, or unwilling void mar- 
 to contract, or fraudulently induced to contract, are void. The "*^''*' 
 issue of such marriages, before they are annulled and declared ^®®"*" 
 void by a competent court, are legitimate. In the latter two cases, Effect of rat- 
 however, a subsequent consent and ratification of the marriage^ "^^ '""' 
 freely and voluntarily made, accompanied by cohabitation as hus- 
 band and wife, shall render valid the marriage. 
 
 §1658. To render valid a marriage in this State, there must be License or 
 either a license previously granted by the proper officer author-^'"*" 
 izing such marriage, or a publication of the bans of marriage in a 
 
S32 PT. 2.— TIT. 2.— CHAP. 1.— AET. 1.— Domestic Relations. 
 
 Section 1 — Marrifi'^e — how and by whom Contracted. 
 
 neighboring church, in the presence of the congregation, for at 
 least three Sabbath days prior to its solemnization. 
 Licenses— 81659, MarriaiTe liccnses shall be OTantecl bv the Ordinaries, 
 
 how grant- , . , . ^ ^ . , " 
 
 «<!• or their deputies, of the several counties where the female to be 
 
 married resides, if resident in this State, directed to any Judge, 
 Justice of the Inferior Court, Justice of the Peace or Minister of 
 the Gospel, authorizing the marriage of the i:)ersons therein named, 
 
 „ , , and requiring such Judo-e, Justice or Minister to return the said 
 
 lietnrn auci l o o J 
 
 record. license to the Ordinary, with his certificate thereon as to the fact 
 and date of the marriage, which license, with the return thereon, 
 shall be recorded, by the Ordinary, in a book to be kept by him 
 for that purpose. 
 Ketumof § 1660. If any Judge, Justice or ^linistcr shall connect, in mar- 
 banT"^* ^ riage, persons whose bans have been published, such Judge, Jus- 
 tice or Minister shall certify the fact to the Ordinary of the 
 county where such bans were j)ublished, who sliall record the 
 same in the same book with marriage licenses. 
 Consent of §1^)01. It sliall be tlic duty of the Ordinary, and liis deputy, 
 parents. |-q jnqxiire as to the ages of all persons for whom marriage licenses 
 are asked, and if there be any ground of susj)icion that the female 
 is a minor under the age of eigliteen years, such Ordinary and 
 his deputy shall refuse to grant the license until the written con- 
 sent of the })arent or guardian, if any controlling such minor, 
 shall be ])roduced and filed in his office ; and any Ordinary who, 
 by himself or deputy, shall knowingly grant such license with- 
 out such consent, or without pi'oper precaution in inquiring as to 
 Penalty on the fact of minority, or for the marriage of a female, to his know- 
 ledge, domiciled in another county, shall forfeit the sum of five 
 hundred dollars for every such act, to be recovered at the suit of 
 the Clerk of the Superior Court, and added to the Educational 
 ■ Fund of the county. 
 
 Penalty on § 1GG2. Any Judgc, Justicc or Minister who shall join in mar- 
 person oHi- o »/ P J .» 
 
 elating. riage any couple without such license, or the publication of bans 
 as aforesaid, shall forfeit the sum of five hundred dollars, to be 
 recovered and appropriated as set forth in the foregoing para- 
 graph. 
 Jewish § 1663. Upon request, the Ordinary may direct tlie marriage 
 
 marriages. ]jggj^gg ^q r^j^y Jewish Minister, or other person of any religious 
 society or sect, authorized by the rules of such society, to perform 
 the marriage ceremony, who shall make return thereon as before 
 required. 
 
I'T. 2.-TIZ2-CH AP. 1-AR T. 1.-Uomest,c Relat.o.s. 333 
 
 ■Sectiog 1 .—Marriage— how and by whom Contracted. 
 
 §1664. Marriages l,etNveen white persons and ne-roes, or mii-A.a,^„». 
 Jattoes, as dehned in tin's Code, are prohibited. bibulZ 
 
 §1665. ]\Iarria<res between free persons of col., r nniv be made 
 without license, or ])nblication of ban'.. " iTSZu 
 
 .§166(!. The contubernial relation among slaves sliall be reco'^ **'' 
 nized in pu],lic sales whenever possible, and in crin.inal trials "'''"" 
 where it becomes important to the advancement of justice 
 
 §1667. A marriage valid in other respects, and 'supposed bv 
 the parties to be valid, shall not be affected bv a want of autho.- ^^^y'^^' 
 itj in the Minister or Justice to solemnize the same- nor shall"'"'"''' 
 such objection be heard from one party wh(» has fraudulentlv in 
 duced the other to believe that the marriage was legal. 
 
 §1668. All marriages solemnized in another State bv parties m ^ , 
 -ntending at the time to reside in this State, shall have ^he same S" 
 Icgal^ consequences and effect as if solemnized in this State ^ ' 
 Parties resident in this State cannot evade anv of the provisions 
 ot Its laws, as to marriage, by going into another State for the 
 solemnization of the marriage ceremonv. 
 
 SECTION II. 
 
 OF DIVORCES AND HOW OUTAIXED. 
 
 ■'^«<^""-^- Section 
 
 1G(]9. Total and partial. 
 1G70. Grounds for total divorw. 
 
 1671. Disfretionary grounds. 
 
 1672. Grounds for partial divorce 
 
 1673. Condonation, collusion. Ac, 
 
 1679. New trials. 
 
 1680. Judgment or decree. 
 
 1681. Conscientious scruples. 
 
 1682. Effect of total divorce. 
 
 1683. Second marriage. 
 
 ,-.». n {■ ■ r -""o. oeuona marriage. 
 
 1<)<4. Confessions of partv. I irq^ p,r ^ <- 
 
 1675. Proceedings. " ^^J- Effe^'t of partial divorce. 
 
 1676. Schedule. l'" ""^''"^^ of children. 
 
 1677. Transfer pending suit. HI'' J--'f-<=ohabitation. 
 tr'-o -I- J- , it>8(. Ax parte case^ 
 
 16(8. Verdict of Jury. ' 
 
 oil ue ot n,o tmdb— total, or from bed and board The con >»"'"• 
 wise shall be necessary to a total divorce. A divorce from bed ""^ 
 
 the IranliJJ^f ! T;'!.^™""''^ ''"" ''' "■«"^"' *" au.hori.eo™..... 
 
 uie gi anting ot a total divorce : total di- 
 
 1. Intermarriage by persons within the prohibited degrees of"'" 
 consanguinity and affinity. aegrees ot 
 
334 PT. 2.— TIT. 2.— CHAP. 1.— AET. 1.— Domestic Eelations. 
 
 Section 2. — Of Divorces, and how obtained. 
 
 2. Mental incapacity at the time of the marriage, 
 o. Inipotencj at the time of tlie marriage. 
 
 4. Force, menaces, duress or fraud in obtaining the marriage. 
 
 5. Pregnancy of tlie wife, at the time of marriage, unknown 
 to the husl)and. 
 
 (3. Adultery in either of the parties after the marriage. 
 
 7. Wilful and continued desertion by eitlier of the parties for 
 the term of three years. 
 
 8. Tlie conviction of either party for an olfence involving 
 moral tur})itude, and under which he or she is sentenced to im- 
 prisonment in the Penitentiary for the term of two years or 
 
 "Discretion- 
 jii'y gi'omids. 
 
 (Jrounds for 
 I>artial di- 
 
 Condoriii- 
 tion, collu- 
 sion, <fec. 
 
 Disorction 
 •of jur.v. 
 
 Confessions 
 ■of party. 
 
 Proceedinc 
 
 Schedalc. 
 
 longer. 
 
 §1671. In cases of cruel treatment or habitual intoxication by 
 either party, tlie jury, in their discretion, may grant either a 
 total or partial divorce. 
 
 § 1072. Divorces from bed and board may be granted on any 
 ground which was held sufficient in the English courts prior to 
 4th May, 1784. 
 
 §1(»73. If the adultery, desertion, cruel treatment, or intoxica- 
 tion complained of shall have been occasioned by the collusion of 
 the parties, and with the intention of causing a divorce, or if the 
 party complaining was consenting tliereto, or if both parties have 
 been guilty of like conduct, or if there has been a voluntary con- 
 donation and cohabitation subsequent to the acts complained of, 
 and with notice thereof, then no divorce shall be granted; and 
 in all cases, the party sued may plead in defence the conduct of 
 the party suing, and the jury may, on an examination of the 
 whole case, refuse a divorce. 
 
 § 1074. The confessions of a party to acts of adultery or cruel 
 treatment, should be received with great caution, and if unsup- 
 ported by corroborating circumstances, and made with a view to 
 be evidence in the cause, should not be deemed sufficient to grant 
 a div^orce. 
 
 § 1075. The action for divorce shall be by petition and process, 
 as in ordinary suits, tiled and served as in other cases, unless the 
 defendant be non-resident of this State, when service shall be 
 perfected as prescribed in this Code in causes in equity. The 
 same rules of pleading shall obtain as in other causes at law. 
 
 §1670. In all suits for divorce, the party applying shall render 
 a schedule, on oath, of the property owned or possessed by the 
 parties at the time of the application — or at the time of separa- 
 
PT. 2.— TIT. 'J.— CHAP. 1.— ART. 1.— Domestic Relations. 335 
 
 Section 2. — Of Divorces, and how obtained. 
 
 tion, if tlie parties have separated — distin finishing the separate 
 estate of the wife, if there he any, wliich shall be iiled with the 
 
 DlBpOSition ,. T1 •, IT 1/11 mi 
 
 of property, petition, Or pending the suit, under tJie order of the court. The 
 jury rendering the final verdict in the cause may provide perma- 
 nent alimony for the wife, either from the corpus of the estate or 
 otherwise, according to the condition of the husl)and and the 
 source from which the property came into the coverture. 
 
 TranefcT §1677. After a se]>aration, no transfer l)v the husband of any 
 
 pending suit „ , , ^ i • " , ,• • . 
 
 01 the property, except bona Ji(/<\ in payment of pre-existmg 
 debts, shall pass the title so as to avoid the vesting thereof, ac- 
 cording to the final verdict of the jury in the cause. 
 Verdict of S107S. The verdict of the iurv shall specify the kind of di- 
 
 jtiry. . , ' ' 
 
 vorce granted, and the disposition to he made of the scheduled 
 
 property. 
 Now trials. § 1(>7'J. !Xe\v ti'ials may ])C granted from verdicts on a})plica- 
 
 tions for divorce, as in other cases. 
 jnd?mentor §1080. The vei'dicts of juries disposinir of the property in di- 
 
 decree ^^ A 1. „ 
 
 vorce cases shall he carried into efl'ect hv the courts, by enterin<>- 
 up such judgment or decree, or taking such other steps usual in 
 Chancery Courts as Avill effectually and fully execute the same. 
 
 conscipn- § 1681. A piror having conscientious scruples as to srrantinp; 
 
 pks. divorces, is incompetent to serve on such applications. At the 
 
 request of the complainant the court may inquire of the panel 
 touching such scruples. 
 
 TSffectof to- §1682. A total divorce annuls the marriage from the time of 
 its rendition, except it be for a cause rendering the marria"-e void 
 originally, but in no case of divorce shall the issue be rendered 
 bastards, except in case of pregnancy of the wife at the time of 
 the marriage. 
 
 Second mar- §1683. Uiiless the marriage was void originally, the ofiend- 
 
 ""^"^^ ing party shall not be allowed to marry again during the life of 
 
 the other party, though a total divorce is granted ; and in case of 
 such second marriage, the offending party shall be held guilty of 
 bigamy. 
 
 Effectof par- § 1684. A divorcc from bed and board authorizes neither party 
 
 tial divorcc. , i.<. xxt ' j. • ' ^ ■, . l J 
 
 to marry; and it a sutticient provision for the maintenancte of 
 the wife has been made by the verdict of the jury, the husband 
 shall not be liable for her future support. The wife sliall be a 
 feme sole as to her earnings and property, as well as liberty, after 
 a divorce from bed and board. 
 
 § 1685. In all cases of divorce granted, the party not in default 
 
336 PT. 2.— TIT. 2.— CHAP. 1.— AKT. 1.— Domestic Relations. 
 
 Section 2. — Of Divorces, aud how obtained. 
 
 ^d^eL°' sliall be entitled to the custody of the minor children of the mar- 
 riage ; the court, however, in the exercise of a sound discretion,, 
 may look into all the circumstances, and, after hearing both par- 
 ties, make a different disposition of the children, withdrawing 
 them from tiie custody of either or both parties, and placing 
 them, if necessary, in the possession of guardians appointed by 
 the ordinary. The court may exei'cise a similar discretion pend- 
 ing the libel for divorce. 
 
 Renewed CO- §1686. Parties divorced from bed and board, on subsequent 
 reconciliation, may live together again as husband and wife, by 
 first tiling in the office of the Ordinary of the county where the 
 divorce was granted, their written agreement to that effect, at- 
 tested by tlie Ordinary. 
 
 i>parucn- §1687. In divorce cases proceeding ex parte, it is the duty of 
 tlie Judge to see that the grounds are legal, and sustained by proof, 
 or to appoint the Solicitor General, or some other attorney of tlie 
 court, to discharge that duty for him. 
 
 see. 
 
 SECTION III. 
 
 OF ALIMOXY. 
 Sbc'hon. ISkctiox. 
 
 1688. Permanent and temporary. 
 1G89. Proceedings to obtani. 
 1G90. Discretion of Judge. 
 
 1694. Husband's voluntary deed. 
 
 1695. Decree in equity. 
 
 1696. Liability to third persons, &c. 
 
 to obtain. 
 
 1G91. Revision and enforcement. I 1697. After alimony granted. 
 
 1692. ilerits not in issue. ' 1698. Subsequent cohabitation. 
 
 1693. Permanent alimony — when grated. | 1699. Interest of wife in husband's estate. 
 
 Permanent §1688. Alimouy is an allowance out of the husband's estate, 
 ra^.*"™^*"' made for the support of the wife, when living separate from him. 
 
 It is either temporary or permanent. 
 Proceedings §1689. "Whenever an action for divorce, at the instance of 
 either party, is pending, or a suit by the wife for permanent ali- 
 mony, the wife may, at any regular term of the court in which the 
 same is pending, apply to the presiding Judge, by petition, for an 
 order granting to her temporary alimony pending the cause ; and, 
 after hearing both parties, and evidence as to all the circumstan- 
 ces of the parties, and as to the fact of the marriage, the court 
 shall grant an order allowing such temporary alimony, including 
 expenses of litigation, as the condition of the Inisband and the 
 facts of the case may justify. ,« 
 
PT. I'.-TIT. 2.-CHAP. 1.-AKT. 1.-Domb«tic Relatio^ns. 337 
 
 Section 3. — Of Alimony. 
 
 §1690. In arriving at the proper provision the Judge sliall ni.oretior, 
 consider the peculiar necessities of the wife, groMing out of tlie"^'^"*'"''' 
 pending litigation ; lie niaj also consider an v evidence of a sepa- 
 rate c^^tate owned by the wife, and if siu-li estate is ample, as 
 C4)mparcd witli tlie liusband's, tenipoi-ary alimony may be refused. 
 
 §1091. Tlie order allowing alimony shall be subject to revision Kevision and 
 by the court at any time, and may l)e enforced eitlier by writ of'"^*"""'"'"' 
 Jleri facim or by attachment for contempt against the person of 
 the husband. A failure to comply with the order shall not de- 
 prive the liusband of his i-ight either to prosecute or defend his 
 cause. 
 
 §1(592. On applications for temporary alim.m v. the merits of Merits i,ot 
 the cause are not in issue, though the Judge, in fixing the amount '" '''"" 
 of alimony, may inquire into the cause and circii-istances of the 
 separation rendering the alimony necessary, and in his discretion 
 may refuse it altogether. 
 
 §1693. Permanent alimony is granted in the following cases : rern,.n.„t 
 1, of divorce as considered in the former section; 2, in cases ofwL"nTr„t- 
 voluntary separati<m ; 3, where the wife, against her will, is either '' 
 abandoned or driven off l)y her husband. 
 
 §1694. In either of the two latter cases the husband mav vol-iiusbamr. 
 untarily, by deed, make an adequate provision for the support dS''"^ 
 and maintenance of his wife, consistent with his means and her 
 former circumstances, which shall be a bar to her right to per- 
 manent alimony. 
 
 §1695. In the absence of such provision, on tlie application of Decreed 
 the wife, a court of equity may, by decree, compel the husband "''°"•^• 
 to such proWsion for the support of the wife and such minor chil- 
 dren as may be m her cnistody, as indicated in the foregoing para- 
 graph. " * ^ 
 
 §1696. Until such provision is made, voluntarily or by decree i.ab.u, t.. 
 or order ot the court, the husband shall be liable to third persons S/r" 
 for the board and support of the wife, and for all necessaries fur- ' 
 nished to her, or for the l)encfit of his children in her custody 
 
 ^1697. AVhen permanent alimony is granted the husband Arter ..n- 
 ceases to be liable for any debt or contract of the wife- on the cT^ '"""'"' 
 other hand he ceases to have any power to control her acquisi- 
 tions by purchase, or descent, or gift, or otherwise; and the iw- 
 perty of the hus1)and set apart for the support of the wife is not 
 subject to his debts or contracts so long as she lives. 
 
 §1698. The subsequent voluntary cohabitation of the husband 
 Z2i 
 
338 PT. 2.— TIT. 2.— CHAP. 1.— ART. 1.— Domestic Relations. 
 
 Section 3. — Of Alimony. 
 
 Subsequent and Wife sliall annul and set aside all provision made, either by 
 tions. deed or decree, for permanent alimony. The rights of children 
 
 under any deed of separation or voluntary provision for alimony 
 shall not he affected thereby. 
 
 § 1699. After permanent alimony granted, upon the death of 
 the husband the wife is not entitled to any farther interest in 
 his estate in her right as wife, l)ut such permanent provision 
 shall be continued to her, or a portion of the estate equivalent 
 thereto shall be set apart to her. 
 
 Interest of 
 wife in hus 
 band's es- 
 tate. 
 
 ARTICLE II. 
 
 OF THE RIGHTS AND LIABILITIES OF HUSBAXD AND WIFE AND 
 HEREIN OF DOWER. 
 I Section. 
 
 j 1712. Wife— wlien sole heir. 
 I 1713. Dower. 
 
 Skctiox. 
 
 1700. Hu>;band is head of family. 
 
 1701. Marital rights. 
 
 1702. Propert}' given to wife, &e. 
 
 1703. Torts to wife. 
 
 1704. Acquisitions of wife. 
 
 1705. Agency of wife. 
 
 1706. Liabilitj'- of husband for necessaries 
 
 1707. General agency of wife. 
 
 1708. Free trader. 
 
 1709. Survivorship. 
 
 1710. Wife's equity. 
 
 1711. Husband sole heir. 
 
 1714. How barred. 
 
 1715. Jllection in case of bequest, &c. 
 17 IG. Election in ignorance. 
 
 1717. Dower in several tracts. 
 
 1718. Dwelling-house. 
 
 1719. Lien no bar. 
 
 1720. Life estate in proceeds of sale. 
 
 1721. Or absolute estate in specified sura. 
 
 1722. Paraphernalia. 
 
 1723. Wife may appear against husband. 
 
 Husband is 
 head of 
 family. 
 
 Marital 
 rights. 
 
 Exception. 
 Wife's debts, 
 
 Property 
 given to' or 
 acquired by 
 wife. 
 
 § 1700. In this State the husband is the head of the family, 
 and the wife is subject to him ; her legal civil existence is merged 
 in the husband, except so far as the law recognizes her sepa- 
 rately, either for her own protection, or for her l)eneiit, or for the 
 preservation of public order. 
 
 §1701. Upon marriage, all the real estate of the wife, and all 
 the personalty in possession, or which may be reduced to posses- 
 sion by the husband during his lifetime, shall vest in and l)elong 
 absolutely to the husband, except that such property shall not 
 be liable for the payment of any debt, default or contract of the 
 husband existing at the time of the marriage. The husband 
 shall be bound for the payment of the debts of the wife existing 
 at the time of the marriage, to the extent of the property re- 
 ceived by ker only, and the property received through the wife 
 sliall be liable for the payment thereof. 
 
 §1702. All property given to the wife during the coverture, or 
 acouired by her, shall vest in the husband, but any words in the 
 
PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relation?. 339 
 
 Article 2. — Of the Rights and Liabilities of Husband and Wife. &c. 
 
 gift or bequest indicating a wish for the personal enjoyment 
 thereof l)y tlie wife, such as a gift to tlie wife by name, shall 
 create a separate estate therein for lier, and in no case shall the , 
 
 personal acquisitions of the wife be subject to the debts 
 ■of the husband. Property inherited by the wife during the 
 coyerture and reduced into possession by the husband, shall 
 vest in him as property owned by the wife at the marriage, but 
 in like manner not subject to the then existing debts or contracts 
 ■ of the husband. 
 
 §1703. If a tort be committed upon tlie person or reputation Torts to wife 
 of the wife, the husband may recover tlierefor; if, however, the 
 wife is living separate from the husband she may sue for such 
 torts, and also torts to her children, and recover the same to her 
 use. In like manner, when separated from the husband, she Of living se- 
 
 ,. i i J • /> ,1 ... parate from 
 
 may entorce contracts made m reference to lier own acquisitions, husband 
 
 §1704. When Hying separate from her husband the acquisi- Acquisitions 
 tions of a wife and of Iter children living with her, shall be vested >"5? separate 
 in the wife for her separate use, free from the debts, contracts or hnsband. 
 control of her husband, and at her death, intestate, the same 
 shall descend to her children, and if none, to her next of kin. 
 
 §1705. The husband is bound to support and maintain his Agency of 
 wife, and his consent shall be presumed to her agency in all pur- rpect'to'ne- 
 • chases of necessaries, suitable to her condition and habits of jjfg ''"**"^*- 
 made for the use of herself and the family. This presumption 
 may be rebutted by proof 
 
 §1700. The husband is bound for necessaries furnished to the Liability of 
 wife, when separated from him, subject to the limitations herein- necesTarie"' 
 before provided. If the wife be living in adultery with another 
 man the husband is not liable; but notice by the husband shall 
 not relieve him from liability, if his wife is separated from him 
 by reason of his own misconduct; if she voluntarily abandons 
 him without sufficient provocation, notice by the husband shall 
 relieve him of all liability for necessaries furnished to her. 
 
 § 1707. The wife may act as attorney and agent for the hus- g^^^^rai 
 band, but except in cases before mentioned proof of such au- '^^•*'"*'^ '"' 
 thority must be made as in other cases. 
 
 §1708. The wife, by consent of her husband, evidenced by Free trader. 
 notice in a public gazette for one month, may become a public or 
 free trader; in which event she is liable as ^ifeine sole for all her 
 -contracts, and may enforce the same in her own name. In such 
 •cases the acquisitions of the wife becomes her separate estate. 
 
340 
 
 PT. 2.— TIT. '2.—C11AF. 1.— Domestic llELAXioiJs. 
 
 Article 2. — Of tlie Eights aud Liabilities of Husband and Wife, &c. 
 
 SnrviTor 
 ship. 
 
 "Wife's 
 equity. 
 
 § 1T09. Upon the death of the husband all the property of the- 
 wife, not reduced to actual possession by the husband, survives- 
 to the wife. An assignment by the husband M'ithout her assent 
 shall not bar her rights. 
 
 §1710. Tlic wife's equity is her right to a reasonable provision 
 for the support of herself and her children out of such of her 
 property as has not been reduced into possession by the husband,, 
 and upon her application through a next friend, the Superior 
 Court, upon a full consideration of all the facts, and of any for- 
 mer settlement made, may settle such property upon her %vith 
 such limitations as the jury may decree. The husband may vol- 
 untarily, by deed, make the same settlement. He cannot by an 
 assignment for value defeat tlie etjuity. 
 
 ,41711. Upon the d.ath of the wife the husband is her sole- 
 heir, and upon payment of lier individual debts, if any, may take 
 possession thereof without administration. If the husband be 
 insolvent the wife's ecpiity sliall survive to her c-lii]dren, if any. 
 Wifo-when § 1712. Upou the death of the liu>l)and, without lineal descen- 
 dants, the wife is his sole heir. 
 
 § 1713. Dower is the right of a wife to an estate ibr life in one- 
 third of the lands, according to valuation, including the dwelling- 
 house (which is not to be valued unless in a town or city) of whicli 
 thehusb and was seized and possessed at the time of his death, or 
 to which tlie husband ol)tained title in right of his wife. 
 
 § 171i. Dower may l)e l)arred — 
 
 1. By provision made prior to the marriage and ac(;epted l)y 
 the wife in lieu of dower. 
 
 2. B}'^ a provision made by deed or will, and accepted by the- 
 wife after the husband's death, expressly in lieu of dower, oi- 
 where the intention of the husl)and is plain and manifest that it 
 shall be in lieu of do^\•er. 
 
 o. Bv the election of the widow within twelve months from 
 the grant of letters testamentary, or of administration on tlie 
 husband's estate, to take a child's part of the real estate in lieu 
 of dower. 
 
 4. By a failure to apply for the dower for seven years from tlie 
 death of the husband. 
 
 5, By the wife's deed with her husband to lands to v.'hicli the 
 title came through her. 
 
 G. By the adultery of the wife unpardoned by the husband. 
 
 Unsband 
 Boleheir. 
 
 solo hoir. 
 
 Do\T<.T . 
 
 How barred. 
 
PT. 1^— TIT. 2.— CHAP. 1.— DoMKKTio Kklatk.ns. 341 
 
 Article 2. — Of the Rights and Liabilities of ITushand and Wife, Ac. 
 S 1715. If tlie liusband bv will sjives to his wife an interest in Election in 
 
 * *~ CflS6S of bft- 
 
 liis landK, lier election of dower bars lier of tliat devise, Init does quest in Hen 
 
 of dower. 
 
 •not deprive her of any interest in the personalty bequeatlied to 
 Jier in the will, unless it is expressed to 1»e in lien of dower. 
 
 § 1716. An election '■ >y the widow to take a child's part of the Election in 
 realty in ignorance of the condition of the estate, or of any fact '^"°'^"'**' 
 material to her interest, shall not bar her right to dower ; Provid- 
 ed, the rights of third |iersons acting hojia f/dr njxtji her election 
 i»hall not be disturbed or prejudiced. 
 
 § 1717. Where the husband die? seized of several distinct tracts p^^.p^ .^ 
 of land lying in the same county, the widow m^^y elect to taketrJc^™' 
 her entire dower in one b(»dy. and iiiay select the tract or tracts 
 •out of wliich her dower shall be laid. If a tract or body of land 
 is divided bv craintv lines, the entire d<twer mav be laid (ttf in if divided by 
 
 " . . ' . . . , ' , county lines. 
 
 'either county ; if several tracts lie in different counties, the (k)wer 
 must be ap]>lied for and laid out in each county. 
 
 §1718. The widow is entitled to the possession <>f the dwelling- D^eiuny- 
 house from the death of her husband, and before dower is as- ""**'■ 
 signed, and also, of the furniture therein, until her portion there- 
 of is set a])art by the appraisers as provided by this Code. 
 
 § 1710. JSo lien created by the husband in his life time, though j.un nobar. 
 :assented to by the wife, shall in any manner iTiterfere with her 
 >right to dower. 
 
 § 1720. With tlie assent of the executor or administrat(»r of the nfe estate 
 •estate, the widow may elect a life estate in one-third part of thcofMie?^^^' 
 proceeds of the sales of the land, or any distinct tract or tracts 
 •of land in lieu of the dower in such land. In which event, such 
 third part of the ])roceeds of the sale shall be invested by the ex- 
 -ecutor or administrator under the direction of the Ordinary where 
 his returns are made, and the annual inc(»me thereof paid to the 
 w^dow during her life. 
 
 § 1721. With the assent of the executor or adm iuistrator of the es- Absolute es- 
 tate, and the approval of the Ordinary, the widow may elect in lieu fifd sui^T*"' 
 •of her dower an amount in money to belong absolutely to her, to be 
 ■<'stimated and determined 1 )y the commissioners appointed to assign 
 •dower, and whose report shall be subject to the same objections 
 iis arc admeasurements of dower in land. Both before the Ordi- 
 •dary and on the return of the report of the commissioners, any 
 l)erson interested in the question shall be allowed to become a ^^tZr"' 
 party and be heard. The amount so awarded shall be paid in 
 
342 
 
 Parapherna- 
 lia. 
 
 "When the 
 wife may ap- 
 
 PT. 2.— TIT. 2.— CHAP. 1.— Domestic Eelations. 
 
 Article 2. — Of the Rights and LiabiUties of Husband and Wife, &c. 
 
 preference to all otlier claims out of the j)roceeds of the sale of 
 the land. 
 
 § 1722. The wife's paraphernalia shall not be subject to the 
 debts or contracts of the hnsljand, and shall consist of the appa- 
 rel of herself and her children, her watch and ornaments suitable 
 to her condition in life, and all such articles of personalty as have 
 been given to her for her own use and comfort. 
 
 § 1723. In all cases where the rights of the wife come in conflict 
 
 Busband. 
 
 ^aS' with the interest of the husband she may appear in court by her- 
 next friend. In all other civil cases, except as to her separate 
 estate, she must appear by and with her husband, if living to- 
 gether. 
 
 ARTICLE III. 
 
 OF MARRIAGE CONTRACTS AND SETTLEMENTS. 
 
 Section. 
 1124. Marriage article or parol, &c. 
 
 1725. Voluntary execution, &c. 
 
 1726. Construction of contract. 
 
 1727. Record of marriage contracts. 
 
 1728. Wife may force a record. 
 
 Section. 
 
 1730. E.xecuted in favor of volunteers. 
 
 1731. Valuable consideration. 
 
 1732. Wik fevie sole, &c. 
 
 1733. When sue and be sued. 
 
 1734. Minority of party to contract. 
 
 Marriage ar- 
 ticle orparol 
 agreement. 
 
 Voluntary 
 execution 
 and trust 
 deeds. 
 
 Constrnc- 
 tioH of con- 
 tract. 
 
 172D. Appomting and removing trustees. I 1735. Sale to husband or trustee. 
 
 § 172-1. Any agreement between the parties to a marriage con- 
 templating a future settlement upon the wife, whether by parol 
 or in writing, may be executed and enforced by a court of equity 
 at the instance of the wife at any time during the life of the hus- 
 band ; Provided^ ahoays, tliat the rights of third persons, pur- 
 chasers or creditors in good faith, and without notice are not 
 affected thereby. An agreement perfect in itself, and which 
 needs no future conveyance to effect its purposes, is an executed 
 contract, and does not come under the definition of marriage 
 articles. 
 
 § 1725. The husband may voluntarily execute such agreement,, 
 or he may at any time during the coverture, either through trus- 
 tees or directly to his wife, convey any property to which he has 
 title subject to the rights of prior purchasers or creditors without 
 notice. 
 
 § 1726. Every marrriage contract in writing, made in contem- 
 plation of marriage, shall be liberally construed to carry into- 
 effect the intention of the parties, and no want of form or technical 
 
PT. 2.— TIT. 2.— CHAP. 1.— Domestic Kelations. 343 
 
 Article 3. — (Jf Marriage Contracts and Settlements. 
 
 expression sliall invalidate the same. Sucli contract must be 
 attested bj at least two witnesses. 
 
 §1727. Every marriage contract, and every voluntary settle- Accord of 
 ment made by tlie husband on the Mite, whether in execution of co'niracts. 
 marriage articles or not, must be recorded in the office of the 
 Clerk of the Superior Court of the county of the residence of the 
 husband within three months after the execution thereof; on 
 failure to comj>Iy with this provision, such contract or settlement 
 shall Jiot be of any force or effect against a purchaser or creditor 
 or surety who, bona jide and without notice, may become such 
 before the actual recording of the same. If sucli contract or set- 
 tlement is made in another State, and the parties subsequently 
 remove into this State, tlie record must l)e made within three 
 months from such removal. If the settled property be in tliis 
 State, and the ])artics reside in another, then the record must be 
 made in tlie county where the property is, and within the time 
 speciiied above. 
 
 §1728. If the trustee or husband, having possession of such wife may 
 contract or settlement, fails or refuses to have the same recorded, cZr ''^" 
 the wife, or any friend of hers, may apply to the Judge of the 
 Superior Court, at any time, for an order compelling such record ; 
 and the trustee thus refusing, after demand, shall be jiersonally 
 responsible to his cestui que trust for all damage sustained by 
 reason of the lailure to record ; and such application of the wife 
 or her friend, when entered on the minutes of the Superior Court, 
 shall be a notice equivalent to the record of the nuirriage con- 
 tract or trust deed, 
 
 §1720. The Judge of the Superior Court of the county of the Appointing 
 wife's domicil, may, at any time, upon petition, exercise the f°g SeVs. 
 powers of a chancellor in appointing, or removing, or substitu- 
 ting trustees or granting any order for the protection of the trust 
 estate, exercising a Avise discretion as to the terms on which such 
 appointment shall be made, or such order granted. The pro- 
 ceeding in each case shall be transmitted to the Clerk of the Su- 
 perior Court, to be recorded in the book of the minutes of such 
 court, next to the minutes of the last term thereof. 
 
 §1730. Marriage contracts ujid post nuptial settlements will^.^,„,^^. 
 be enforced at the instance of all jiersons in whose favor there ''."''''' *° f' 
 are limitations of the estate. Marriage articles will l)e executed ""'"-*^"- 
 only at the instance of i)ersons coming within the scope of the 
 marriage consideration; but when executed at their instance, the 
 
344 PT. 2.— TIT. 2.— CHAP. 1.— Domestic Relations. 
 
 Article 3. — Of Maniao'e Contracts and Settlements. 
 
 court may execute also in favor of volunteers ; all persons are 
 
 volunteers, except the parties to the contract, and the offspring 
 
 of the wife. 
 
 IS£a- §l'r31. Marriage is a vahiable ct>nsideration, and the wife 
 
 ^"^^ stands, as to property of the husband settled upon her by marriage 
 
 contract, as other purchasers for value ; Provided, that by such 
 
 contract the husband does not inca))acitatc himself from paying 
 
 his existing just debts. 
 
 Wife/w(e §1732. TJic wifc is a feme xale as t(» lier separate estate, unless 
 
 hor separate controlled by the settlement. Every restriction uixni her power 
 
 estate. . , " •• ^ '■ 
 
 in it must be complied with ; but while the wife may contract, 
 slie cannot bind ]ier separate estate by any contract of surety- 
 ship, nor l)y any assumption (tf the debts of her husband, and 
 any sale of her separate estate, made to a creditor of Iter husband 
 in extinguishment of his debts, shall be absolutely void. 
 WhoBsne 8 1733. If there is no trustee, the wife may sue and be sued, as 
 
 and be sued. " ■> j i 
 
 to her separate estate, as difeme Hole ; and in all such cases, the 
 separate estate sliall be responsible for all costs incurred. 
 Minority of §173-1. The minority of either iiai'tv to marriac;e articles, or a 
 
 party to " J 1 . )-^ ^ 
 
 contract marriage contract, shall not invalidate it: Prorulrd, such j)arty 
 
 is of lawful age to contract marriage. 
 Saietohus- §1735. Xo contract of Sale of a wifc as to her separate estate 
 trustee. witli lior liusbaud or her trustee, shall be valid, unless tlie same 
 
 is allowed by order of the Superior Court of the county of her 
 
 domicil. 
 
 CHAPTER II. 
 
 OF PARENT AXn rHILD. 
 
 Article 1. Legitimate children. 
 
 Article 2. Illegitimate children or bastards. 
 
 ARTICLE I. 
 
 LEGITIMATE CHILDREN'. 
 
 Section'. Sectiox. 
 
 1T36. Legitimate children. 1742. Age of majority. 
 
 1737. Subsequent marriage. 1743. Parents' obligation. 
 
 1738. Legitimating by order of court. 1744. Parents" power — how lost. 
 
 1739. Adopting a child. 1743. Mothers' rights. 
 
 1740. Objections by relative. 174G. Cruel treatment by parent. 
 
 1 741 . Adoption of adult persons. 1 147. Mutual protection. 
 
rX. L'.— TIT. 2.— CHAP. 2.— DoMKSTic Relations. 345 
 
 Article 1. — Lepitimate Children. 
 
 §1736. All children born in wedlock, or within the usual pe- Leiji^ttmau 
 nod offcestation thereafter, are legitimate. Tlie legitimacy of a 
 child thus born may be disputed. Wliere possibility of access 
 exists. excei)t in cases of divorce from bed and board, the strong 
 presumption is in favor of legitimacy, and the proof should be clear 
 to establish the contrary. If pregnancy existed at the time of 
 the marriage, and a divorce is sought and obtained «»n that 
 ground, the child, thougli l»orn in wedlock, is not legitimate. 
 
 §1T-'>T. Tlie marriage of tlie motlier and rc]>uted father of an suhBequent 
 
 ' ' .. ■• 1 t '^ ^ ^ • ^ 1^ Marriage. 
 
 illegitimate child, and the recognition ot such child as Jus. shaa 
 render the child legitimate : and in such case, the child shall im- 
 mediately take the surname of his father. 
 
 )^17''^8. A father of an illegitimate child may render the same LegiUmaey 
 legitimate by ])etitioning the Su]>enor or Inferior Court of the court 
 county of his residence, setting forth the name, age and sex, of 
 such child, and also the name of the mother; and if he desires 
 the name changed, stating the new name and praying the legiti- 
 mating of such child. Of this a]i]>lication the mother, if alive, 
 shall have notice. Upon such a]»plication, ]u-esented and filed, 
 the court may pass an order declaring said child t<t be legitimate, 
 and capable of inheriting of the father in the same manner as if 
 born in lawful Medlock, and the name by which he or she shall 
 be known. 
 
 §1739. Any person desirous of adopting a child, s(t as to ren- AdopUng • 
 
 i. 11* >••!•• ^ ' ^•^ 'i' child. 
 
 der it capable ot inheriting his estate, may present a like petition 
 to the said court, setting forth, as an additional fact, the name of 
 the father, or if he be dead, or has abandoned his family, the 
 mother, and the consent of such father or mother to this act of 
 adoption ; and if the child has neither father or mother, then the 
 consent of no ])erson shall be necessary to said adoption. It 
 shall be the duty of the court, upon being satisfied of the truth 
 of the tacts stated in the petition, and of the fact that such father 
 (»r mother has notice of such application, and being further satis- 
 fied that such adoption will be to the interest of the child, to 
 pass an order declaring said child to be the adopted child of such 
 person, and capable of inheriting his estate, and also Avliat shall 
 be the name of such child; and thenceforward the relation be- 
 tween such person and tlu^ adopted child shall be, as to their le- 
 
 I'l iTi-i.. 1 -j'T !,• /• J. Effect thore- 
 
 gal rights and liabilities, tlie same as it tlie relation ot parentof. 
 and child existed between them, except that the adopted father 
 shall never inherit from the child; but to all other persons the 
 
346 PT. 2.— TIT. 2.— CHAP. 2.— Domestics Eelations. 
 
 Article 1. — Legitimate Children. 
 
 adopted child shall stand related as if no such act of adoption: 
 
 had been taken. 
 Objections §1740, It sliall be the privilege of any person related by blood 
 jy re ations. ^^ such child, if there be no father or mother, to file objections 
 
 to such application, and the court, after hearing the same, shall 
 
 determine, in its discretion, whether or not the same constitute a 
 
 good reason for refusing the application. 
 Adopting of <J 1741 . Adult persons may be adopted in like manner, and have 
 
 adult per- '- ^ . '' . ^ i i • 
 
 sons. their names changed, on giving consent to such adoption. 
 
 Age of ma- §1742. The age of legal majority in this State is twenty-one- 
 J''"^- years; until that age all persons are minors. 
 Parent's ob- §1743, Uiitil majority, it is the duty of the father to provide 
 ligation. ^,^^ ^1^^ maintenance, protection, and education of his child. 
 Parental § 1744. Until majoritj, the child remains under control of the- 
 
 jwAv-er- i**^ |j^|.]^^,j.^ ^^.]jQ jg entitled to his services and the proceeds of his la- 
 bor. This paternal power is lost — 
 
 1. By voluntary contract, releasing the right to a third person. 
 
 2. By consenting to the adoption of the child by a third per- 
 son. 
 
 3. By the failure of the father to i)rovide necessaries for his- 
 child, or his abandonment of his family. 
 
 4. By his consent to the child's receiving the proceeds of his- 
 own labor, which consent shall be revocable at any time. 
 
 5. By his consent to the niHrriage of the child, who thus as- 
 sumes inconsistent responsibilities. 
 
 G. By cruel treatment of the child. 
 
 Mother's §1745. Upoii the death of the father, the mother is entitled to- 
 
 rights. |.jjg possession of the child until his arrival at such an age that 
 his education requires the guardian to take possession of him. 
 In cases of separation of the parents, or the subsequent marriage 
 of the survivor, the court, upon writ of hcibeas corjjiis, may ex- 
 ercise a discretion as to the possession of the child, looking solely 
 to his interest and welfare. 
 
 Cruel treat- § 1740. Ally pei'soii may apply to the ( )rdinary of the county,. 
 
 ™nt.*^^^'' alleging the cruel treatment of a child by his father, who shall 
 cite the father to answer the allegation ; and such Ordinary may^^ 
 at any time, hear evidence, and, in his discretion, appoint a guar- 
 dian of the person of such child, who shall be entitled to the- 
 possession of him. 
 
 Mutual pro- § 1747. Parents and children may mutually protect each other,. 
 and justify the defence of the person or reputation of each other.. 
 
PT. 2.— TIT. 2.— CHAP. 2.— Domestic Relations. 347 
 
 Article 2. — Illegitimate Children or Bastards. 
 
 ARTICLE II. 
 
 ILLEGITIMATE CHILDREN OR BASTARDS. 
 
 Section-. Sectiox. 
 
 1748. Bastards. 1751. Inheritance by bastard. 
 
 1749. Father's obligations. ! 1752. By Ictritimatps from bastard. 
 
 1750. Mother's right. 
 
 § 174S, A bastard is a child bom out of wedlock, and whose 
 parents do not subseqnently intermarry, or a child the issue of 
 adulterous intercourse of the wife during wedlock. 
 
 §1749. The father of a bastard is l>ound to maintain him. ^^^^^^^.^^^ 
 This obligation shall be good consideration to support a contract ligation, 
 by him. He may voluntarily discharge this duty ; if he fails or 
 refuses to do it the law will compel him. 
 
 §1750. The mother of a bastard is entitled to the possession of 
 
 11MT ir-i 1 M 1 • • -I • i/» • Mother's 
 
 the child, unless the lather shall legitimate him as before provi- rights. 
 ded. Being the only recognized parent, she may exercise all the 
 paternal power. 
 
 § 1751. Bastards have no inhcrital)le blood except that given to 
 them by express law ; they may inherit from their mother and i,y bastani. 
 from each other, children of the same mother in the same man- 
 ner as if legitimate. If a mother have both legitimate and ille- 
 gitimate children, they shall inherit alike the estate of the mother. 
 If a bastard dies leaving no issue or widow, his mother, brothers 
 and sisters shall inherit his estate equally. In distributions un- 
 der this law the children of a deceased bastard shall represent 
 the deceased parent. 
 
 S 1752. If a bastard dies intestate, leavinjx no widow or lineal 
 
 descendant, or illegitimate brother or sister, or descendant of a mates from 
 
 . *- illegitimates- 
 
 brother or sister or mother, but shall leave a brother or sister of 
 
 legitimate blood, such brother or sister, or descendant of such 
 
 brother or sister, mav inherit the estate of such intestate. 
 
848 PT. 2.— TIT. 3.— CHAP. 3.— AKT. 1.— Domestic Kelations. 
 
 Kinds of 
 guardians. 
 
 Natural 
 guardian. 
 
 Testamen- 
 tary guar- 
 dian. 
 
 Section 1. — Guardiaus — liow and by whom Appointed. 
 
 CHAPTER III. 
 
 OF GUARDIAN AND WARD. 
 
 Akticle 1. (ruardians of minors. 
 
 Articlic 2. Guardians of lunatics and idiots. 
 
 Akticle 3. Guardians of free persons of color. 
 
 Akticle 4. Foreign guardians. 
 
 ARTICLE I. 
 
 Section 1. How and by whom appointed. 
 
 Section 2. Their powers, duties and liabilities. 
 
 Section 3. Settlements, resignation and letters of dismission. 
 
 SECTION I. 
 
 HOW AND RV WHOM APPOINTED. 
 
 Section. 
 17515. Kinds of guardians. 
 
 1754. Natural guardian. 
 
 1755. Testamentary guardian 
 
 1756. Appointed by widows.* 
 
 1757. General guardian. 
 
 Section. 
 
 1763. Bond and oath. 
 
 1764. Taken in vacation. 
 
 1765. Additional bond. 
 
 1766. New sureties. 
 
 ' 1767. Proceedings in ca.«e of misconduct. 
 
 1758. Of property of non-resident ward.i 1768. Motion by surety. 
 
 1759. Mother-guardian. 1 1769. Revocation does not abate suit. 
 
 1760. Appointment of clerk or stranger.' 1770. Suit on bond. 
 
 1761. Guardian of bastard. | 1771. Removing proceedings, &c. 
 
 1762. Notice of application. j 1772. Ounrdian ml litmi. 
 
 §17r>;>. Guardians of minors may be either — 1, natural guar- 
 diaus; 2, testamentary guardians; 3, guardians of person and 
 property, or either. 
 
 § 1754. The father, if alive, is tlie natural guardian ; if dead, the 
 mother is the natural guardian. Tlie natural guardian cannot 
 demand or receive the property of the child until a guardian's 
 bond is liled and accepted by the Ordinary of the county. If 
 such natural guardian fail or refuse to give bond and security the 
 Ordinary may appoint another guardian to recive such property. 
 
 §1755. Every father may by will appoint guardians for the 
 persons, or property, or both, of his children, and such guardians 
 shall not be required to give bond and security, except in case of 
 waste committed or apprehended, or of property coming to the 
 
]?T. 2.— 'J7T. 2.— CHAP. 3.— ART. 1.— Domestic Kelations. 349 
 
 Section 1. — Guardians — how and by whom Appointe<i. 
 
 ward from sources otlier than the father's will, when the Ordi- 
 nary shall require the same. If a testamentarv o;uardian fails to 
 ^ive hoiul as required, the Ordinary may dismiss him as guardian 
 and a])point another, or may appoint another ijuardian for the 
 property thus accruinc;. In all other respects a testamentary 
 guardian shall stand on the same footing with other guardians 
 appointed hy the Ordinary. 
 
 § 175(». The mother, if a widow, shall have the ])ower by will Appointed 
 to appoint testamentary gurdians for such children as haye none, 
 as to their persons, and as to such ])roperty as tliey may inherit 
 from her. 
 
 §1757. The Ordinary of the county of the domicil of a minor General 
 liaving no guardian shall liave the power of ai)p()inting a guar-^°" "*"' 
 dian of the person and property, or either, of such child. If the 
 ward he above the age of fourteen years before a guardian is 
 aj)]>ointed, he shall have the ])rivilege of selecting a guardian, 
 and if such selection be judicious the Ordinary shall appoint 
 him. The ward having once exercised this privilege cannot do 
 so again, except upon cause shown for the rem<jval of the lirst 
 selection. 
 
 §1758. If a minor is non-resident, but has property in this or property 
 State, the Ordinary of the county where the property is mavdcnTwarT 
 appoint a guardian, who shall have control only over such pro- 
 ])erty. 
 
 §175'.^. In the appointment of guardians the widowed mother Mother- 
 shall have the preference upon complying with the law. Upon f^"'"'^''"'- 
 her marrying again the letters are revoked, though her husband 
 shall be responsible to the \vard as guardian, if no other guardian 
 be appointed. Among collaterals applying for the guardianship, 
 the nearest of kin l)y blood, if otherwise unobjectionable, shall 
 1)0 i>referred — males being ])referred to females. The Ordinary, 
 however, in every case may exercise his discretion according to 
 its circumstances, and if necessary grant the letters to a stranger 
 in blood. 
 
 § 1700. If there be no ai)plication for letters of guardianship, Appomt- 
 and a necessity for a guardian exists, the Ordinary, after giving Sor 
 notice for thirty days, may vest such guardianship in the Clerk ^'"'"^"^" 
 of the Superior or Inferior Court of the county, or in any other 
 l)erson or persons residing in said county, whom he shall deem 
 iit and proper, in his discretion, requiring bond and security as 
 in other cases. 
 
•350 PT. 2.— TIT. 2.— CHAP. 3.— APT. 1.— Domestic Pelations. 
 
 Section 1. — Guardians — how and by M'hem Appointed. 
 
 ouardian of § 1761. The Ordinary may appoint a guardian for the person 
 and pro])erty ot an illegitimate child in all cases where he may 
 deem it necessary. 
 
 f * Hcttlon ^ 1'5'62. Every application to be appointed guardian of a minor 
 under the age of fourteen years, other than the child of the ap- 
 plicant, shall be made to the Ordinary, and notice thereof given 
 by him in some public gazette of this State at least thirty days 
 before such letters shall be e-ranted. At the rejxular term next 
 after the expiration of the notice the letters may be granted, 
 either to the applicant or some other person, in the discretion of 
 the court. In the meantime a temporary guardian may be ap- 
 pointed under the same rules as apply to the appointment of 
 temporary administrators. 
 
 Bond and §1703. Evcry guardiau, appointed l)y the Ordinary, before 
 entering on the duties of his appointment, shall take before the 
 Ordinary an oath, or affirmation, well and truly to peform the 
 duties required of him as guardian, and faithfully to account 
 with his ward for his estate ; and shall also give bond with good 
 and sufficient security, to be approved by the Ordinary, in double 
 the amount of the supposed value of the property of the ward, 
 for the faithful discharge of his duty as guardian, such bond 
 shall be payable to the Ordinary and his successors. A substan- 
 tial com}>liance as to all matter of form shall be sufficient. 
 
 Taken in va- S 17')4:. The taking of the oath and iriviiiir the bond may be 
 
 •cation. " . . . , » » ^ 
 
 done at any time m vacation, the appointment being made at a 
 regular term. The bond when taken shall be recorded by the 
 
 corded Ordinary in a book to be kept by him for that purpose, and the 
 original kept of file in his office. 
 
 boud"^""^ § 1765. If at any time after appointment other property shall 
 descend, or come, or be given, or otherwise accrue to the ward, 
 the Ordinary may require the guardian to give an additional 
 bond with security in double the amount of such property, and 
 on his failure to comply, the Ordinary may appoint a s])ecial 
 guardian for such property. 
 
 New sure- § 1766. If oue Or more of the sureties on the guardian's bond 
 shall die, or become insolvent, or remove from this State, or from 
 other cause the security become insufficient, the Ordinary may 
 of his own motion, or at the instance of any relative of the ward, 
 require the guardian to give other and sufficient security, and on 
 his failure so to do in compliance with such order, the Court 
 
 ties. 
 
J^T. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 351 
 
 Section 1. — Guardians — how and by whom appointed. 
 
 shall revoke his letters of guardianship, and appoint some other 
 y>erson in his place. 
 
 § 17^)7. If the Ordinary knows, or is infoniu'd, that anv ffiiar- Proceedings 
 
 •' , ' ^ in case of 
 
 dian wastes, or in any manner mismanages tlie property, or does misconduct 
 not take due care of tlie maintenance and education of his ward 
 according to his circumstances, or refuses to make returns as re- 
 quired l)y law, or for any cause is unfit for the trust, the Ordinary 
 shall cite such guardian to answer to such charge at some regular 
 term of the court, when upon investigation of his actions, the 
 Ordinary may, in his discretion, revoke his letters or pass such 
 other order as in his judgment is expedient under the circum- 
 stances of each case. 
 
 § 1768. The surety of any guardian on his l)ond, or if dead, his Motion by 
 representative, may at any time make complaint to the Ordinary 
 of any misconduct of his principal in the discharge of his trust, 
 or for any other reason show his desire to 1)e relieved as surety, 
 thereupon the Ordinary shall cite the guardian to appear at a 
 regular term of the court, and show cause why such sure^^y shall 
 not 1)6 discharged; and upon hearing the parties and their evidence, procoe<llne^ 
 the Ordinary may, at his discretion, pass an order discharging 
 such surety from all future liahility, and requiring such guardian 
 to give new and sufficient security or be discharged from his trust ; 
 such new sureties shall be liable for past as well as future waste 
 or misconduct of the guardian. And such discharged surety shall 
 be relieved only from the time the new security shall be given. neVsureUes. 
 If new security is not given, and the guardian's trust is revoked, 
 the discharged surety shall be bound for a true accounting of 
 such guardian with the new guardian, or his ward if no other 
 guardian is appointed. The death of a surety shall be a sufficient 
 ground for his discharge from future liability on application of 
 
 his representative and the 2;rantin<i:the order. In all cases Avliere^, ,, 
 
 i . ^^ o'^ sure- 
 
 letters of guardianship are revoked, the sureties on the bond are ^'^*- 
 
 liable for all the acts of the guardian in relation to his trust up 
 
 to the time of his settlement with the new guardian or his ward. 
 
 § 1769. The revocation of letters of guardianship shall not abate Kpvocation 
 any suit pending for or against the guardian, but the ucav guar- .'Ji^ate'suu. 
 dian shall be made a part}" by scL fa. as in case of the death of a 
 party. 
 
 §1770. Suit may l)e instituted against the guardian and his suit on 
 sureties on his bond in the same action at the instance of the ^^ ' 
 ward, or a new guardian, or any other person interested, without 
 
352 PT. 2.— TIT. 2.— CllAP. a.— AliT. 1.— Domestic liELAiioWii. 
 
 Section 1. — Guardians — how and by whom appointed. 
 
 first suing the guardian. And if the guardian is beyond the 
 jurisdiction of the court, or places himself in the position of a 
 debtor, liable to attachment, or is dead, and his estate unrepre- 
 sented, suit may be commenced against the sureties alone; Pro- 
 vicUd,, that the Ji. fa. issued upon a judgment obtained against 
 the guardian and his sureties shall not be levied on the property 
 of the sureties until a return of nulla ho?ia as to the guardian, 
 unless the property of the sureties is being removed from the 
 county. If the failure to sue the guardian arose from his volun- 
 
 Proviso. 
 
 jud^ient. tary act, the judgment against the sureties sliall be conclusive in 
 any suit against liim. 
 
 § 1771. A iruardian wliose residence is, or by removal or other- 
 proceedings ^yjg^ l)e(*()mes, iu a different countv from that of his ap])ointment, 
 
 to anotner ' •■ x 1 ' 
 
 county. jjjj^y ]i.^v(3 tJij. privilege of removing the trust to the jurisdiction 
 of the Ordinary (^f liis own county, by first giving bond and good 
 security to sudi Ordinary, as if first appointed by liim, and filing 
 a certificate ofsm'h fact with the Ordinary by whom he was ap- 
 pointed, lie shall also obtain from such Ordinary an exemplifi- 
 cation of all the records concerning his guardianship, and of the 
 order })assed transferring the same to the county (jf his residence, 
 which exemplification shall be filed with, and recorded by the 
 Ordinary of said county, who shall then have the same jurisdic- 
 tion over such guardian, as if first appointed by him. Tlie sure- 
 ties upon such guardian's first bond shall be liable only for past 
 
 I^iabilitv of . ^ ,^ . , , 1 1 n 1 ' t 1 1 /• 
 
 Bureties: unscouduct, 1 lic sureties upon the new Itond sliall be liable tor 
 both jnist and future misconduct. 
 
 ^1772. AVhenever a minor is interested iu any litigation pend- 
 
 Guardian <i<i C« ^ ' ' ^ ,. *^ , . f 
 
 litem. ij^o; in auv court in this State, and has uo guardian, or his inter- 
 est is adverse to that of his guardian, such court shall have power 
 to appoint a guardian ad I'dcia for such minor, which guardian 
 shall be responsible to such minor for his conduct in connection 
 with such litigation in the same manner as if he were a regularly 
 qualified guardian. 
 
PT. L'.— TIT. 2.— CHAP. 3.— AKT. 1— DoMEmc Relations. 353 
 
 Section 2. — Powert, Duties and Liabilities of Guardians. 
 
 SECTION II. 
 
 THK POWERS, DUTIES AND tlABILITIKS OK GUARDIANS. 
 
 SECTinx. f«ECTin\. 
 
 177.^. Power of pnardiau. l"i*2. Workinjr them together. 
 
 1774. Returns. 1783. Cultivatiiifr plantations. Ac. 
 
 177.'). Amount of expenditure. ]'fii. Investment in slocks. 
 
 1776. Binding out indijrent persons. 1785. Commissions. 
 
 1777. Ill-treatment. 1786. If there be two puardians. 
 
 1778. Failing to make returns. 1787. Sureties l>ound. .tc. 
 
 1779. Sales. 1788. Contracts by guardian. 
 
 1780. Renting of lands. 1789. Ma}- apfjoiut attorney in fact. 
 
 1781. Hiring of slaves. 
 
 § 1773. The i»<»\ver of the guardian <»\ er the person of his ward poworoi 
 is the same with the father over his child, the guardian standing'-'"'"'''"'" 
 in liis place; and in like manner it is the duty (»f the guardian Hi" duty, 
 to pn»tect and maintain, and, acc<:»rding to the circumstances of 
 the ward, to educate liini. 
 
 §1774. Every guardian, within twelve months after liis ap- r.etums. 
 pointment, and l)y the tirst Monday in July in every year there- 
 after, shall make a return to the Ordinary under oath, making an 
 accurate exliihit of all the property of his ward received by him 
 up to that time and since his last return, together with an ac- 
 count current of his receipts and exjtenditures, acconn»anied witli 
 the vouchers for the same, and any other matter connected with 
 the said property, which said return shall l>e examined by the 
 < )rdinary. and, if found correct, shall be allowed by him and en- 
 tered of record with the vouchers ; and the judgment thus ren- 
 dered l»y the Ordinary shall he jji'h/nf far/* evidence of the cor- 
 rectness of said return in favor of said guardian. If the guardian 
 shall have removed beyond the limits of this State, the oath of 
 his surety shall be sufficient to verity the return. 
 
 §1775. Every guardian shall be allowed all reasonable dis- Amount ..f 
 bursements and expenses suitable to the circumstances of the qj..'^^^^'^^^^- 
 
 phan committed to his care. But the expenses of maintenance 
 and education must not exceed the annual profits of the estate, ^ 
 except by the approval of the Ordinary previously granted. The a<'?m4 /im. . 
 Ordinary may, in his discretion, allow the corpus of the estate,' " '' 
 
 in whole or in part, to be used for the education of the M-ard. 
 
 §1776. If the annual i)rotits of the estate of any orphan, witIu?in,iingout 
 or without a guardian, is not sufiicient for his education and i-hVifs."* "'" 
 maintenance, it shall be tlie duty of the r)rdinary forthwith to 
 
 23 . * "•* 
 
364 FT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 
 
 Section 2. — Powers. Duties and Liabilities of Guardians. 
 
 Ill-troat- 
 inent 
 
 Failing to 
 make re- 
 turns. 
 
 Salos. 
 
 Renting of 
 lands. 
 
 Hiring of 
 slaves. 
 
 Working 
 thein to- 
 gether. 
 
 "Cultivation 
 and pnr- 
 
 chaeiDt; 
 plantation. 
 
 bind out such orphan for the whole, or such part of the time of 
 liis minority as to him shall seem hest, and on such conditions as 
 will most promote the interest of such orphan, in all cases re- 
 quirin<2: that such orphan shall l)e allowed to attend the nearest 
 school, where education is free to him. at least three months in 
 the year. * 
 
 §1777. Tt shall l)e the duty of the Ordinary, and of the guar- 
 dian of Bucli orphan, to be informed as to his treatment, and on 
 complaint of ill-usage or an}- condition broken, tha Ordinary 
 shall bind such orphan to some other person. 
 
 § 1778. The Ordinary shall keep a docket uf all the guardians 
 liable to make returns to him, and upon the failure of any one to 
 do so by the time required by law, he shall cite the said guar- 
 dian to api>ear and show the reason for his delay ; and every 
 guardian who shall fail or refuse to make his return l)efore the 
 end of the year, shall receive no commission or compensation for 
 any service done during that year, unless by special order of the 
 Court of Ordinary exonerating him from all blame. 
 
 §1779. All sales of any portion of the property of the ward, 
 siiall be made under the direction of the Ordinary, and under the 
 same rules and restrictions {is are prescribed ior sales l>y admin- 
 istrators of estates. ,ii " 
 
 § 1780. Every renting of lands of an orphan, unless by special 
 order of the Ordinary, shall be in public to the highest bidder, 
 and under the same rules as Sheriff sales, except that credit may 
 be given on good security. 
 
 §1781. Guardians, under an order from the Ordinary, may 
 exercise a sound discretion in liiring the slaves of their wards, 
 either publicly or privately, as may be most conducive to the 
 safety and comfort of the slaves and the permanent interest of 
 the ward. 
 
 § 1782, Guardians, under a like order, may keep such slaves, 
 or a portion of them, together, and have them employed in such 
 agricultural or other operations as such guardians may deem 
 manifestly expedient. 
 
 §1783. When it is manifestly expedient, guardians may cause 
 plantations of their wards to be managed and cultivated for their 
 benefit, and when not possessed of lands, under a like order of 
 the court, guardians may invest a portion of the funds of their 
 wards in lands for the purpose of cultivation as hereinbefore pro- 
 vided. 
 
PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domj^tk Relaiions*. 355 
 
 Section f . — Po^VOTS, Duties and LiaWlities of rjiiardians. 
 
 81784. Any ffuardian, in his diftc-retion, mav invest any fundsinvestment 
 oi' his ward in his Imnds in stocki, l)onds or otlier secnrities issued 
 by this State. In ever}- such cMe his return sliall set forth the 
 time of such purchase, the price paid and the name of the person 
 from whom purcliased. All sucli investments shall be free from 
 taxation during the minority of the ward for whom they are 
 held. 
 
 §1785. Guardians shall be allowed the same commissions forcommii.- 
 receivins: and ]>ayinc: out the estate of their wards as are allowed 
 to administrators. Extra compensation and traveling expenses 
 shall be allowed to them upon the same principles as to admin- 
 istrators. When the guardian keeps together and works the 
 slaves of a ward, the court sliall allow him a reasonalde compen- 
 sation for such services, taking into consideration the commissions 
 he may receive. 
 
 §178f!. If the guardian resigns or dii'S, or is removed under if there be 
 any circumstances, no conmiissions shall l»e allowed for turning ^^a'Jis"*'^ 
 over the estate to a new guardian, or to the new guardian for 
 receiving the same ; and where a guardian is removed for waste 
 or gross mismanagement, no commissions shall be allowed for 
 any of his services. 
 
 §1787. If the appointment of a guardian for any f-ause is de-sareticB 
 clared void, liis sureties shall nevertheless be responsible on the ^"'""*'' **^' 
 bond for any property which may have been received by him by 
 virtue or reason of his appointment. 
 
 § 1788. The guardian cannot borrow money and bind his ward contracts 
 therefor, nor can he, by any contract other than those specially du^" 
 allowed by law, bind his ward's property, or create any lien 
 thereon. 
 
 §1789. The guardian may appoint an attorney in fact to act May appoint 
 for him where he is unable to act himself, and he and his sure-'*"'""'"^^' 
 ties are bound for the acts of such attorney as if it were his per- 
 sonal deed. 
 
356 FT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domestic Relations. 
 
 Section 3. — Settlement of (luardians, A-c. 
 
 SECTION III. 
 
 SI':TTLEMKNTS of guardians. R*!SIGXATI0X and letters DISMIS- 
 
 SOHY. 
 
 Section. Skction. 
 
 1790. Settlements before tlic Ordinitrv. 17!t7. Finiil ret-eiptajP 
 
 1791. At the instance of the giiiirdiau. 1798. Right of ward to re-open. ie. 
 
 1792. Duty of the court. 1799. Rcs-ignation of guardian. 
 
 1793. Continuance. - 1800. Letters of dismission. 
 
 1794. Proceedings. 1801. Dispcsition of money, Ac. in hand. 
 
 1795. Power of tlie Ordiuar}-. 1802. Ward dying. Af. 
 179G. Enforcement of decision. 
 
 Settle- §1790, .V Mard, (»ii arriviiio: at iiiajurity, <tr iimrrviiii; a man of 
 
 ^rordina-"^' fnH '-^ii^' «»i" 51 "Gw o-uardiaii leirrtllv a]>])i)inte(l, may apply to the 
 '^^' Ordinary for an order requiring tlie ir^ardian to appear and sub- 
 
 mit to a settlement of his account.^ : such citation shall be served 
 as other citations, and shall be returnable to a regular term of 
 the court. If the guardian fails or refuses to appear as cited, the 
 court may proceed ex j>a /•/<-. 
 Aiinetance §1791. The guardiaii shall, in like manner, be allowed to cite 
 dian.^ ^'"" his ward, or a new guardian to a})pear and l)e jiresent at a set- 
 tlement of his account. 
 Duty of the ^1792. Fpou the return of such citation, the court shall pro- 
 ceed to examine all the returns and accounts of such guardian; 
 to hear all evidence which may be produced by either party;, 
 and to make a full, fair and linal settlement between such guar- 
 dian and his ward, making a full record of such final settlement. 
 Continuance §1793. The court may all(»w sucli Continuances as the princi- 
 ples of justice I'equire. 
 Proceedings. §1794. Sucli Other })roceedings may l)e had in the case as are 
 
 usual in other causes in said court. 
 Powerofor- §1795. It shall bc in the ]>ower of the Ordinary to order any 
 d"»ary. property in the hands of the guardian to be delivered to the ward 
 or the new guardian, and also to issue an execution for any bal- 
 ance of monev found due bv the jiuardian to the ward. If the 
 ward does not appear, the court may pass an order stating the 
 balance found due from the guardian, which balance shall not 
 bear interest from that date until demanded by the ward or 
 new guardian. 
 Enforce- §1796. If the guardian shall fail or refuse to deliver to the 
 
 cision." *' ward the property in his hands, ordered to be delivered by the 
 court, the Ordinary shall have power to attach him for contempt, 
 
PT. 2.— TIT. 2.— CHAP. 3.— ART. 1.— Domkstic Relations. 357 
 
 Section 3. — Settlement of Guardians. Ac. 
 
 and imprifion liirn in the common jail until he sliall comply with 
 such order, such ]>roceedini;s to be liad in tlie issuing of such at- 
 tacliment as are usual in courts St equity. 
 
 §1797. Any guardian, by having his tinal receipt from his Fipai re- 
 ward attested by a Judire, Justice of the Peace, or Notary Puh-*'^'''"" 
 lie, may cause Vhe same to be recorded by the Clerk of the Suj>e- 
 rior Court of the county of his residence, and the original, or a 
 copy thereof, shall be admitted in evidence, on the same terms as 
 registered deeds. 
 
 §1798. Xo final settlement made between the guardian and Kight of 
 
 *- . -I . , 1 A. ward to re- 
 
 ward shall bar the ward, at anv time within tour vears thereatter, "pen nettie- 
 
 . ■ ment. 
 
 from calling the iruardian to a settlement of his accounts, unless 
 it is made to appear that the same was made after a full exhibit 
 of all the guardian's accounts. an<l with a full kiuAvledge by the 
 ward «»f his legal rights. 
 
 §17l*l'. Anv Ljnardian who. from arje, intirmitv, removal from Reoicnation 
 
 '" ■ ' ' .' , . of guardian. 
 
 the county, or for any <tther cause, desires to resign his trust as 
 fiuch. may apply to the ( )rdinarv having jurisdiction of the trust, 
 setting forth the reasons therefor, and also the name of some 
 suitable person willing to accept the trust, whereupon the Ordi- 
 nary shall cite such person, and also the nearest of kin of such 
 ward, to appear at the next term of said court, and if the Ordi- 
 nary shall be satisfied that such change of guardians will not be 
 detrimental to the interest of the ward, and no good cause is 
 shown against it, lie shall grant the prayer <»f the applicant, dis- 
 'charffinij him from his trust on the followini; condition, viz: that^ 
 
 •- "^ -^ 1 1 J Condition. 
 
 he shall, forthwith, deliver all property and pay all money held 
 by him as such guardian, upon a fair settlement of his accounts, 
 to his successor; and upon the filing of the evidence of such set- 
 tlement, and the receipt in full of his successor, the guardian 
 shall be discharged from his said trust. The ward shall have the 
 privilege, within five years after he comes of age, to re-open such 
 settlement and call for an account. 
 
 §1800. Letters of dismission may be granted by the Ordinary betters of 
 to any guardian, upon his compliance M'ith the following pro- '"*™'"'*"^ 
 visions: — 
 
 1. An application in writing, setting forth his full discharge of 
 the duties of his trust. 
 
 2. An examination of his accounts and vouchers by the Ordi- 
 mary, to verify the truth of the petition. 
 
 8. The publication of such application for forty days, in the 
 
358 FT. 2.— TIT. 2.— CHAP. 3.— AET. 1.— DoMES-nc Relations. 
 
 Section 3. — Settlement of Guardians, &c. 
 
 public gazette where the legal notices of the Ordinary's office- 
 are usually published. 
 
 4. The examination of any objections tiled, and the proof t(v 
 the Ordinary that the ward is of age. 
 
 Disposition § 1801. If it shall appear that such guardian has in his hands- 
 
 &Mn"hand. auv niouej, property, or eflects of his ward, the Ordinary may- 
 cause the same, if money, to be deposited in some solvept bank, 
 and if other projjerty, to be delivered to some proper person to 
 be appointed by the Ordinary, under such restrictions a& he may 
 deem best for the preservation of tlie property, and then grant 
 the letters dismissory ; or the Ordinary may, if he sees proper, 
 pass an order requiring the guardian to retain the funds in his 
 own hands at an interest not exceeding four per cent, per annum^ 
 his sureties being still responsible therefor. 
 
 Ward dying, §1802. AVlieu a Ward shall die intestate, pending his minority,. 
 
 ^aiuctas the guardian shall proceed to distribute liis estate in the same; 
 
 a^minietra- jj^^uner as if he had been appointed administrator upon such es- 
 tate, and the sureties on his bond shall be responsible for his. 
 faithful administration and distribution of such estate. 
 
 ARTICLE II. 
 
 GUARDIANS OF LUNATICS AND IDIOTS AND PERSONS NON COMPOS- 
 
 MENTIS. 
 
 Sectio.v. ISectios. 
 
 1803. Guardian — for whom appointed, i 1812. Issue — how made and tried. 
 
 1804. Oath and bond. Powens, &c. j 1813. Other provisions as gen'l guardian. 
 
 1805. Wife maj' be puardian. I 181-1. Confining ward. 
 
 1806. Proceeding- to obtain commission. 1815. Proceedings to c-oniino him, &c. 
 
 1807. Return and appointment. ! 1816. Insane slave or free per.son of color- 
 
 1808. Appeal. | 1817. Proceedings by third person, &c. 
 
 1809. Second application. I 1818. Duty and power of the court. 
 
 1810. Witnesses. ' 1819. Jail fees — how collected. 
 
 1811. Proceedings to end a c-ommission. ' 1820. Costs. 
 
 § lh03. The Ordinaries of the several counties of this tState- 
 
 ma^y**^" V "^^J appoint guardians for the following persons, viz : Idiots,. 
 
 pointed. lunatics and insane persons, and deaf and dumb persons when 
 
 incapable of managing their estates, habitual drunkards, and 
 
 persons imbecile from old age or other cause, and incapable of 
 
 managing their estates. 
 
 § 180-i. Guardians so appointed shall take the same oath and 
 give a like bond with guardians of minors, and their powers,. 
 
 I'or -whom 
 
FT. 2.— TIT. 1'.— CHAP. 3.— Domestic, KfciLATioNS. 85^ 
 
 Article 2. — Q-uwdians of Lunaticfi, Idiots, Ac 
 
 duties, and liabilities, shall be the same and be exercised under oath and 
 
 ' ' Bond, Pcw- 
 
 the same rules and regulations. •.'•s and Du- 
 
 § 1805. Tlie wile shall, in all fa.<es, be entitled to the prefer- ^5,,,^^^,^^ 
 ence to the appointment as guardian, and her bond and all acts '-'"'"^"'"• 
 aa guardian >liall be held and construed as if slie M'cre a f( ?m 
 Kole. 
 
 §1806. U]iun the petition of any ]»er8on on oath, setting forth ivoceeding* 
 that another is liable to have a guardian appointed under the rommiooion. 
 provisions of this Article, the Ordinary, upon ]iroof that ten 
 days' notice of such application has been given to the three near- 
 est adult relatives of such person, or that there is no such rela- 
 tive within this State, shall issue a commission directed to any 
 eighteen discreet and proper persons, one of whom shall be a 
 physician, requiring any twelve of them, including the physi- 
 cian, to examine by inspection the ]»erson for whom guardian- 
 ship is sought, and to hear and examine witnesses, on oath if 
 necessary, as to his condition and capacity to manage his estate, 
 and to make return of such examination and inijuirv to the said 
 Ordinary, specifying in such return under which of said clavsses 
 they find the said person to come. Such commissionei's shall firet 
 be sworn by a Justice of the Peace "well and truly to execute 
 the said conunission to the best of their skill and aliility." which 
 oath shall be returned with their verdict. 
 
 §1807. rpon such return finding the person to be as alleged Ketum and 
 in the petition, or within either of said classes, the Ordinary shall '''f'*""*™®"^ 
 appoint a guardian for him. 
 
 §1808. The api)licants for a commission, or the })erson for Appeal. 
 whom the guardianship is sought, or any friend or relative for 
 him dissatisfied with the return of the committee, may upon 
 paying all costs and giving bond and security for all future costs 
 and damages, within four days after the report has l)een acted 
 on by the Ordinary enter an appeal to the Superior Court of the 
 county where the issue >liall be submitted to a special jury, 
 selected as in other cases; luit the guardian appointed by the ouardiaa «</ 
 ( )rdinary shall act as such })ending the litigation. 
 
 §1809. When one application for guardianshi]) mider this second ap- 
 article has failed upon the merits, the Ordinary shall not issue a ^ ""'"""" 
 second commission, unless the petition is verified bv at least 
 three respectable disinterested neighbors, in addition to the oath ' 
 «.>f the applicant. 
 
 J; 1810. The Ordinary may issue subpoenas for witnesses to 
 
360 PT. 2.— TIT. 2.— CHAP. 3.— Domestic Kelations. 
 
 Article 2. — Guardians of Lunatics, Idiots, &c. 
 
 Witnesses, appear before the commission thus appointed, and on their fail- 
 ure to appear the Ordinary may take the same steps to compel 
 attendance as if the proceeding was before his court. 
 Proceedings §1811. Any pcrsou, for whom a guardian is appointed under 
 commission, tliis article, upou restoration to sanity and capacity, may person- 
 ally, or by attorney, petition the Ordinary, setting forth the fact 
 and ] (raying the revocation of such guardianship. Upon such 
 petition tlie Ordinary may examine into the truth tliereof, and if 
 satisfied of its truth, and the guardian consenting thereto, the 
 Ordinary shall grant the prayer and order the guardian fortliwith 
 to deliver over to such person his j)r()perty, money and eifects. 
 Issue— how §1812. If the Ordinary is iu)t satisfied as to the truth of the 
 tri'ed!'""' petition, or tlie guardian, or any relative of the applicant objects 
 to the revocation of the letters, the Ordinary shall require the 
 Sheriff to summon eighteen men, competent to serve as jurors, to 
 appear before said Ordinary on a day specified, any twelve of 
 whom l)eing duly sworn, shall constitute a jury l^efore whom 
 shall be tried the issue as to the truth of the application, upon a 
 verdict affirming its truth the Ordinary shall grant the prayer 
 and order above specified. 
 
 other pro- §1813. All the provisions made in this Code as to the settle- 
 visions same . x' t i- • ^ • • • i ^ ^ x- i • 
 
 as general meiits ot guardiaus of minors, tneir resignation, letters of dis- 
 mission, and distril)ution of tlie estate of deceased wards, shall 
 apply to guardians appointed under this article. 
 Confining §1814. Guardiaus of insane }»ersons are authorized to confine 
 '^"^" them, or place them in the asylum, if such a course is necessary 
 
 either for their own protection or the safety of others; and a 
 guardian wilfully failing to take such precaution with his ward 
 shall be responsible for injuries inflicted on others by such ward. 
 Proceedings §1815. Where tlicrc is no guardian for an insane person, or 
 wmTt'\n^- the guardian on notice refuses or fails to confine his ward, and any 
 thirdper- persoH apprehends an injury to himself or his property from such 
 insane person, on complaint on oath to any one of the Justices of 
 the Inferior Court of the county, a warrant shall issue, as in 
 criminal cases, for the arrest of such insane person, to bring him 
 before the Inferior Court on a day specified ; and said court upon 
 an investigation of the facts may either commit such person to 
 the lunatic asylum under the regulations specified therefor, or 
 commit him to the common jail or accept of a bond from his 
 friends for his good behavior, according to their discretion. In 
 all such cases the expenses of such confinement shall be paid by 
 
 SODS. 
 
PT. 2.— TIT. 2.— CHAP. 3.— Domestic Relations. 361 
 
 Article 2. — Guardians of Lunatics. Idiots, Ac. 
 
 the estate of such insane person, if any, and if not, out of the costs, 
 county funds, 
 
 § 181<i. If a slave or free person of color l>e insane, it shall be insane suve 
 
 ^ ^ ^ , - or free per- 
 
 the duty of the owner, or guardian, to take care of and confine •<'"»' c<»i«>r. 
 him, if necessary; and such owner, or irnardian, shall l>o res]X)n- 
 .sible for any injury accruing to third persons from such insane 
 slave or free })erson of color, in all cases where the owner or 
 guardian lias wilfully neglected or fallen to take the proper stei>s 
 tor cojilining him. 
 
 §1817. Upon complaint on oath of any person to a Justice ofproceedinps 
 the Inferior Court that such slave or free person of color is run- sons 'for Ear- 
 ning at large, and is a public nuisance, or dangerous to the pub- 
 lic, he shall issue a warrant returnable before the Justices of said 
 court on a day s]>ecitied, for the arrest (»f such slave or free per- 
 son of color, and at the same time require the officer arresting to 
 give at least five «lays' notice of the time for the investigation of 
 the matter to the master or guardian, if he resides in the county. 
 
 §1>»1><, At the time speciiied the Justices of the Inferior Court p„t,.an,i 
 shall examine into the facts, and in their discretion may commit ^o^rt,'^"'^^'^ 
 the alleged insane person to the common jail of the county, or 
 take bond from the owner or guardian, with security, in the sum 
 of live hundred dollars, conditioned for the keeping of such p„n,j 
 insane ])erson in close and safe custody. On breach of such Iwnd 
 lit shall be forfeited, and recovery had by scire facias and judg- 
 ment in the Inferior Court. 
 
 § isr^). If committed to jail the sum of ten dollars per month j^j, f^ps_ 
 shall be allowed to the jailor for keeping such insane person, and J'^cTed?'' 
 .^t the end of each month the said court, on the application of 
 the jailor, under oath, may issue a.Ji. fa. against the owner or guar- 
 <iian for all arrearages for said dieting. 
 
 §1820. The costs of the entire proceeding, if sustained, shall ,.„gtg 
 be paid by the owner or guardian, if the free person of color has 
 property and the court may order a Ji. fa. to issue for the same. 
 J^i.fas. against the guardian under this law shall be levied only collection. 
 on the property of the free person of color, and on the return of 
 no property on &nvji. fa., either for costs or dieting, against the 
 OM-ner or guardian, the amount of the same shall be paid out of 
 Tth^ funds of the count v. 
 
 ^Hitjm' ♦ *• w*^.>»^t* -Mt -•^i-«rj ri* 
 
^^v 
 
 PT. 2.— TIT. 2.— CHAF. 3.— Domestic Relations. 
 
 Article 3. — Guardians of Free Persons of Color. 
 
 ARTICLE HI. 
 
 CrUARPIANS OF FREK PFRSOXS OF COLOR. 
 
 yKCTKJ.V. 
 
 1821. How Jippointed. 
 
 1822. Choice of ward over fourteen. 
 
 1823. Guardians of those under fourteen. 
 
 1824. Binding out wards. 
 
 1825. Revoked l)y ill-treatment. 
 182G. Powers and duties. 
 1827. Credit to ward. 
 
 blX'TIOX. 
 
 1828. .lud^iineuts .*. jjuardiau.-. 
 
 1829. ifay hold any property hut slaves. 
 ]8;?0. Laud.s — how sold. 
 
 I 18;{1. May make a will. 
 18:52. Removal of guardian 
 1S:!H. Commis.«ions. 
 
 How an- 
 poiaU'U. 
 
 C'ho)o<' of 
 ward over 
 fourtacD. 
 
 Guardians 
 of thoB<4 an 
 Ucr fourteen 
 
 Binding oul 
 wards. 
 
 Revoked for 
 lU-ln-af- 
 
 J^1821. Guardians of free persons of color shall l)e appointed 
 by the Ordinary at any regular term of his court, uj)ou the 
 written a]>plication of any such person of color residiui; in the 
 county. 
 
 §1822. The choice of the ap]»]icant, if over fourteen years of 
 age, shall control the appointment; J*rov'ided, the written con- 
 sent of such person to such a})pointment be liled, and the court 
 is satisfied that such a])})oiiitinent is judicious ft»r the ward and 
 the public. 
 
 §1823. Free persons of color under fourteen yeai-h ol' age shall 
 be held and considered the wartls of the giuirdian of their 
 mother, until for good cause shown by any }>erson, the ( )rdinary 
 shall see pro}>er to appoint another guaidian for them, and such 
 guardianship shall continue after their arrival at that age. until 
 another is ap]>ointod for them. 
 
 § 1824. The Ordinary shall have power in his discretion to 
 bind out to some fit and proper person, all free persons of r.olor 
 between the ages of five and twenty-one years, if it shall appear 
 to him upon investigation, and after notice to the guardian, if 
 any, that such persons are not being raised in a proper manner. In 
 all such cases the court shall require bond with ample security from 
 the person to whom such person of color is bound, conditioned 
 for the maintenance and protection and good treatment of tuch 
 person, and that he will not remove him to reside out of the 
 county, and to discharge him from his service at the age of twenty- 
 one years. 
 
 § 1825. Upon complaint made by such indented servant, or any 
 one in his behalf, the court may at any time, for a breach of said 
 
 As to registry of free i)ersons of color, see Part 2, Title 1. Chapter 1, Art. ::. 
 As to insane free persons of color, see Part 2. Title 2. Chapter 3. Art. 2. 
 
PI. ^— 3JiT. 2.— CHAP. 3.— Domestic Rblatiojw. 363- 
 
 Article 3. — G u a f d mns ef Free Persons of Color. 
 
 wpr and 
 
 flnliod. 
 
 bond, revoke tlie order, aud contract and lund the said person of 
 •x>lor to ^<»Illc otlier person. 
 
 ^1826. Guardianb of free persons of color, as l(» the manage- r 
 ment of their persoii.> or estates, are vested witli all the powers '"' 
 and authority, aii<l are subject to tlie same liabilities with guar- 
 dians of minors. They shall make returns as other guardians f'fi'tracts. 
 and be subject to the same regulations. Through his guardian 
 the free person of color must contract and l>e contracted with, 
 sue and be sued. 
 
 §1827. Credit sliall not be given to any free person of color, crodu u. 
 except upon the written order of tlie guardian, or unless subse- '''^'^' 
 quently ratified by him. 
 
 §1828. Judgments against guardians of free persons of color. Judgments 
 as such, shall bind only the property of the ward, and upon a j-e- '*■ - ""''"^ 
 turn of '^ no property," the Ordinary may bind out such ward on wnTj^rld. 
 such terms as he may think proper to pay the said debt. 
 
 § 1829. Fi-ec persons of color, through their guardians, may ac- May hold 
 quire and hold real estate and personalty (except slaves,) in thisbuLTaT^^ 
 State. Any attempt directly or indirectly by trust or otherwise 
 to secure the legal, equitable or any beneticial interest in slaves 
 to a free person of color, shall be void, and the whole title to such 
 slave shall be forfeited to the State, to be reco\ ered by the es- 
 cheator of the county, one-half to the informer, and the other to "i-^-^^-"^ °' 
 tlie Educational Fund of the countv. 
 
 §1830. Guardians of free persons of color shall convey theLand<^b«w 
 real estate of their wards only under an order of the Ordinary of *"'''• 
 the county, to be granted under the same regulations as for the 
 sale of real estate of minors, and the proceeds to be invested 
 under the order of said court. 
 
 § 1831. Free persons of color shall have the privilege of dis-M„y™ake a 
 posing by will, written or parol, of such property as they may ""'"- 
 have at their death. If they die intestate, the guardian shall 
 distribute the same to their lineal descendants, giving the reput- 
 ed wife a child's part. If no wife or lineal descendant, then to^^. 
 the brothers and sisters of the intestate. If no brothers and sis- "^ *8^t*-^"" 
 ters, then to be escheated and paid to the county for educational 
 purposes. 
 
 §1832. The Ordinary may, at his discretion, at any time, re-Kemoyaiof 
 move a guardian of a free person of color at the request of such ^""'"'"'°- 
 free person of color, and may demand a bond and security for Bond. 
 
su 
 
 'Commis- 
 sions. 
 
 PT. 2.— TIT. 2.— CHAP. 3.— Domestic Relations. 
 
 Article 3. — Guardians of Free Persona of Color. 
 
 fidelity in the trust, either on appointment or at any subsequent 
 time. 
 
 § 1S33. Suc'li jjuardians shall receive for their services the same 
 
 compensation as guardians of minors. 
 
 ARTICLE IV. 
 
 FOREIGN GUARDIANS. 
 
 Forelprn 
 ffiiardian 
 may recOTer 
 jiroperty, 
 
 •Ac. 
 
 Bond. 
 
 SExemplifica- 
 Ttion. 
 
 2fotlcc. 
 
 Order of 
 
 •<'>rdinary. 
 
 •Objections. 
 
 Discretion 
 •of Ordinary. 
 
 Section'. Skctiox. 
 
 1834. Foreign guardian may recover, &c. ' 183'7. Receipt. 
 
 1835. Order of Ordinary. 1838. Kuforcinp: order. 
 
 1836. Discretion of Ordinary. | 1830. Removal of guardian and ward, &c. 
 
 § 1 !^34. When a minor, idiot, lunatic or insane person resides 
 in another State and by any reason is entitled to property in the 
 hands of any executor, administrator, trustee or guardian within 
 tliis State, and there is no sufficient reason why such property 
 should not be transferred to a guardian appointed under the laws 
 of such other State, the same mav be done in tlie following 
 manner : 
 
 1. The foreign guardian shall give bond with good security to 
 the proper authority in his own State for the faithful execution 
 of such guardianship, in double the amount vf the value of the 
 property in this State, over and above the sum in which he may 
 be bound for the guardianshi]) of jiroperty then in tliat State. 
 
 2. He shall produce to the ( )rdinary, to wliose court such ex- 
 ecutor, administrator, trustee or guardian is bound to make re- 
 turns, an exemplification, authenticated as required by the Act 
 of Congress, showing that he has complied with the above condi- 
 tion, and having also the certificate of the proper officer as to the 
 sufficiency of the security to his bond. 
 
 3. He shall give twenty days' notice to such executor, adminis- 
 trator, trustee or guardian of such intended application. 
 
 § 1835, Upon compliance with these conditions, the Ordinary 
 may order the transfer of all of such ward's estate to the foreign 
 guardian, and may order the sale of any real estate if necessary 
 for settlement with such foreign guardian. If there exists any 
 reason why such estate or any portion of it should not be remov- 
 ed from this State, the Ordinary may hear any one interested in 
 the question and refuse the order in his discretion. 
 
 § 1836. The exemplification and certificate produced by the 
 foreign guardian shall not be conclusive, but the court may hear 
 
PT. 2.— TIT. 2.— CHAP. 3. — Domestic Relations. 36$ 
 
 Artide 4. — Foreign Guardians. 
 
 evidence as to the fitness and competency of the guardian for his 
 trust or tlie sufficiency of liis security, or any otlier matter or 
 thing going to show tlie impropriety of granting tlie order asked 
 for, and in liis discretion the Ordinary may refuse such order. 
 
 §1837. The receipt of tlie foreign guardian under sucli order jiectipt. 
 shall he a siitficient voucher for the trustee in (xeorgia, 
 
 § 1838. The coiirt may enforce such order in the same manner j.^^^^^.^^^ 
 as provi<led in cases of settlements made with guardians, and the °''*^'"'- 
 foreign guardian, after such order, may sue for the ])roperty of his 
 ward in the possession of any person in any court of law or equity 
 in this State. 
 
 § 1S39. If any guardian appt)inte(l in thi> State shall desire t<> i,^^^^^^, „f 
 remove to another State and carry his ward with him, before i*e- f"* j"^" ""'^ 
 moving the person or pro]>erty of his ward, he shall, in the })roper 
 court of his intended domicil, first comply with all the conditions 
 re(iuired in the preceding sections of a foreign guardian, and ob- 
 tain the (irder of the Ordinary consenting to such removal. 
 
 CHAPTER IV. 
 
 MASTER ANP SKRVAXT. 
 
 Artklk 1. Indented servants and apprentices. 
 Article 2. Laborers in factories. 
 
 ARTICLE I. 
 
 INDKNTKK SKRVANTS AND APrREXTKKS. 
 
 Section. Section. 
 
 1840. Indenture of service. I 1844. Power of master. 
 
 1841. Right of master. ' 1845. Proceedings against inasiter. 
 
 1842. Right of servant. 1846. Action by master. 
 
 1843. Binding apprentice. 
 
 § 1840. Any person of full age may bind himself for a valua- indenture 
 ble consideration to any citizen of this State for a limited num- *^'^i<^«- 
 Iter of years, not exceeding five; Provided,, the contract is in 
 writing, acknowledged before the Inferior Court of the county 
 in open court, and by them t»rdered to be recorded. 
 
 §1841. The master shall be entitled to his reasonable labor Rig^t of 
 under his direction, and shall have a right of action against any™''*"'''' 
 other person who with notice shall employ such servant. If the 
 
^B€ 
 
 PT. 2.— TIT. 2.— CHAP, i.— Domestic RklatiK^s 
 
 Article 1 . — Indented Servants and Apprentices. 
 
 Oamages. 
 
 Rights of 
 servantR. 
 
 Binding :ip- 
 prontiw. 
 
 Power ol' 
 master. 
 
 Procoedingi 
 
 against 
 
 master. 
 
 Action hj 
 imsster. 
 
 indented servant shall have been imported by the master, he shall 
 recover damages at least eqnal to donble the amonnt per month 
 for \vhi<'li snch indented person contracted to serve. 
 
 §1842, Such indented person is entitled to maintenance, pro- 
 tection and hnmane treatment, and npon proof to the conrt be- 
 fore whom the contract was acknowledged that he is denied either 
 of them, or the consideration of his indenture, the conrt shall 
 pass an oi-der declaring the indenture revoked and annulled. 
 
 § 1 84-8. Any father, or mother if tlie father be dead, or the child 
 be illegitimate, may, by %vritten contract, bind his or her minor 
 child tu a citizen of this State a.- an apprentice for a limited num- 
 ber of years, or until an-ival at twenty-one years of age, which 
 contract sliall be witnessed as deeds to land, and shall be recorded 
 in the same office in the county of the residence of the master. 
 
 § 1844. The master of an apprentice may use the same amount 
 of force to compel the obedience of his apprentice, which a father 
 may use with his child, and shall be bound to furnish to him 
 maintenance, protection and education in the art or trade for 
 which he is bound, and at all times to extend to him humane 
 treatment, and not to remove him ])eyond the limits of this State 
 without his consent. 
 
 § 1845. Upon complaint of an apprentice, or any one for him, 
 to a Justice of the Inferior Court of the county, of cruel treat- 
 ment, or criminal neglect by the master, the Justice shall cause 
 the master to be cited to appear at the next regular term of the 
 said court, when the same shall be investigated by the court, and 
 if a majority of the Justices present are satisfied of the truth of 
 the charge, they shall discharge the apprentice from all obliga- 
 tions to the master. 
 
 § 1846, The master shall have a right of action against any 
 person who shall employ such apprentice M'ith notice of the fact, 
 and the damages recovered in such action shall in no case 1)€ less 
 than twenty-five dollars. 
 
 ARTICLE II. 
 
 LABORERS IN FACTORIES. 
 
 Section. 
 1847. Hours of labor. 
 
 I Section. 
 
 1 18-48. Corporal punishment. 
 
 Boors of la- 
 ibor. 
 
 §1847. The hours for labor by all white persons under twenty- 
 one years of age, in all cotton, woollen or other manufacturing 
 
PT. 2.— TIT. 2.— CHAP. 4.— D.MKMio Relations. 367 
 
 Article 2. — Laborers in J-'aotorieB. 
 
 establisliments or machine shops in tin's State, shall be from sun- 
 rise until sunset, the usual and customary time fur meals bein^ 
 allowed from the same ; and any contract made -with such per- contract for 
 
 . . , 111 i- more void 
 
 sons or then- parents, tjuardians or others, wlierebv a iona:er time 
 for labor is agreed upon or provided for, shall be null and void, 
 so far as relates to the enforcement of said contracts against such 
 laborers. 
 
 ^1848. ^'o ho^.s or other ^uJ»erior in such establishments shalhv.ri>orai 
 
 1. 1.1 I'll 1 xi I'tinlshmcnt. 
 
 mtlict corporal punishment upon such minor laborers ; and tlie 
 owner of such factory or machine shop shall be directly liable for 
 all such conduct on the part of their employees ; such minor may 
 sue in his own name for damages for such conduct, and the re- 
 covery shall be his own property, and not belong to his parents. 
 
 CHAPTER \ . 
 
 OF MASTER AXD SLAVK. 
 
 Akticle 1. Of the relative duties of master and slave. 
 Article 2. Of the rights and liabilities of the master, iVrc 
 Article 3. Of manumission. 
 Ajbticle 4. Of fiiojitive or runaway slaves. 
 
 ARTICLE 1. 
 
 OF THK RELATIVE DUTIES OF MASTER AND SLAVE. 
 
 Section. 
 1849. Rialit and power nf inaHter. 
 
 Sbctiox. 
 1855. Unlawful privilegres to slaves. 
 
 1850. Cruel treatment. 1856. Unlawful traffic. 
 
 1851. Duty of master. 1857. Flmplovment in drug store. 
 
 1852. Slaves neglected by owners. | 1858. Mutual protection. 
 
 1853. Proceedings against overseer. j 1859. Disqualification of the master, &c. 
 
 1854. Rest of Sabbath day. 
 
 § 1849. The master is entitled to the time, labor and services j. 
 
 of the slave, and to a prompt obedience to all his lawful coin-^^J*^ 
 
 ight and 
 erof 
 
 stor. 
 
 mands. The master may enforce his rights by corporal punish- 
 ment, not extending to life or limb or cruel treatment. 
 
 §1850, Cruel treatment may consist of withholding necessary cruei treat- 
 food or clothing from the slave, inflicting cruel punishment or 
 doing any act, the necessary consequence of which is to impair 
 the health or endanger the life or limb of the slave. 
 
368 PT. 2.— TIT. 2.— CHAP. 5.— Domestic Eelations. 
 
 Article 1. — The Relative Duties of Master and Slave. 
 
 Duty of § 1851. The master is bound to treat his slave with liiimanit}V 
 
 to furnish him a sufficiency of nutritious and healthy food and 
 proper clothing, to provide him lodging and fuel, to furnish him 
 medical attendance and nursing during sickness, and to provide- 
 for all his necessary wants when infirmity or old age renders him 
 incapable of service. 
 Slaves ne-- § ^'^^'^- It IS the duty of the Inferior Court in every county on 
 l)wnm7 receiving information, on oath, that any inlirm slave is sujffering- 
 from tlie neglect of the owner, to investigate as to the fact, and 
 render such relief to sucli slave as his condition may require. 
 Proceedings § 1<S53. Tlic Said court shall cite the owner or overseer of such^ 
 er.'""** "'^"' slave, if resident in the county, to show cause why Siji.fa. should 
 not issue against him for the amount so expended by the court 
 from the county funds, and if no sufficient cause is shown, may 
 cause the same to be issued. If the owner or overseer does not 
 reside in the county, tlie said court may sue for and recover the 
 amount so expended in any court having jurisdiction. 
 Kestofsab- §185-1. The Lord's day — called Sunday — is a day of rest of 
 Divine appointment. Xo master or liirer shall emj)loy any slave 
 in any M'ork or labor on that day — work of absolute necessity 
 and the necessary occasions of the family only excepted. Any 
 master, overseer, or employer, violating this provision of this 
 Code, shall forfeit for each violation the sum of one hundred 
 dollars, to be recovered in the name of the Inferior Court — one- 
 half to be paid to the informer, and the other half to the Educa- 
 tional Fund of the county, 
 rniawfui § 1855. The owner should kee}) his slave on his own premises, 
 Tiaves!^*^* ' or within his control. He must not permit him to labor or trans- 
 act business for himself, except during holidays, or upon his own 
 premises. Xor shall any slave be permitted to hire or rent any 
 house, room, store or land, on his own account or that of another- 
 slave. 
 rniawfui § 1^56. Slaves shall not be permitted to traffic on their owm 
 
 TratHc. accouut, cxccpt iu articles of their own manufacture, or agricul- 
 tural products of their own raising, or poultry raised by their 
 master's permission, or articles of the like charac*ter usually per- 
 mitted to slaves. And even in these articles a traffic by and with. 
 
 For patrol and police rejrulations, see Part 1. Title 15, Chapter o. Article 1. As to- 
 who are slaves, see Part 2, Title 1, Chapter 1. .\rticle 3. As to liiriiig of slave. see- 
 Bailments. 
 
I>T. 2.— TIT. 2.— CHAP. :».— Domestic Relations. 369 
 
 Artide 1. — Tlie RelatiTe Duties of Master and Slave. 
 
 the slave is prohibited, except by tlie written permission of the 
 master specifying tlie particular articles to be sold. 
 
 § 1S5T. Slaves shall not be employed in any apothecary shop E„,j,]„y. 
 or drug store in ])utting up or dispensing, purchasing or selling "rn2*gt"ore. 
 medicines of any description, nor wliere they can. l)y reason of 
 their employment, have access unaccom])anic(l by a white per- 
 son, to poisonous drugs. For every violation of tliis clause, the 
 master allowing it, and the employer consenting to it. shall for- 
 feit the sum of one hundred dollars, to be recovered and }»aid — *" '' 
 owe half to the informer and the other half to the Educational 
 Fund of the county. 
 
 §1858. The relation of master and slave, in an especial man- Mutual pro- 
 ner and to the fullest extent, authorizes and justifies the mutual "'''*"'"• 
 protection of each other. 
 
 §185i». A master convicted twice, criminally, of cruel treat- Bisquaiiflc- 
 meut to his slave, shall on the second conviction be declared by UT^ona™""' 
 the Superior Court incapable of holding title to slave property crucureat- 
 within this State. And the same court shall ajipoint a receiver ""*'°*' 
 to take i)ossession of, and sell under its order, all the slaves then 
 belonging to such master, for his benefit. Any conveyance of 
 slave property thereafter to such person shall be null and void, 
 except so far as to convey the title to the informer, who may sue 
 for and recover the same. 
 
 article: II. 
 
 OF THE UICHTS AND LIABILITIES OF THE MASTER AS TO THIRD 
 
 PERSONS. 
 
 1867. White persons on plantation. 
 
 1868. Druggist selling poison to slaves. 
 
 1869. Selling liquor to slave. 
 
 1870. Master furnishing poison, &c. 
 
 1871. Keeping fire-arms. 
 
 Section-. Sectiox. 
 
 1860. Liability tor act of slave. 
 
 1861. Slave — when his agent. 
 
 1862. Presumption of command. 
 
 1863. Liability for trespass <t negligence, 
 
 1864. Interference of third persons. 
 
 1865. Harboring a runaway. 1S72. Master conceahno- &c. 
 
 1866. Nece.ssarie.s, Ac. 187;!. Furnisliing free pa.ss to slave. 
 
 §lS(iO. Masters are bound by all the acts of their slaves done Ljabiii 
 by their command, and also by their transactions and dealino-s jn"*^'^"^*'*^^*- 
 respect to the business in which they are employed, and also bv 
 all transactions which by receiving the profits tlie master has 
 tacitly ratified. 
 24 
 
370 PT. 2.— TIT. 2.— CHAP. 5.— Domestic Delations. 
 
 Article 2. — Rights and Liabilities of Master as to third Persons. 
 Slave— 8 1861. The master may constitute his slave liis ao-ent, and in 
 
 when his ^, . ^ i , i . .. i » 
 
 agent. such case IS bound bv his acts, as ot any other agent. A pre- 
 sumption of agency arises in all matters where tlie al&xe has 
 acted without complaint by the master. 
 
 Presump- fi 1862. During the usual hours of labor the master or employer 
 
 tion ot com- o o ^ x <j 
 
 mand. jg prcsumed to be cognizant of the business of tlie slave, and in 
 
 such business he is presumed to be acting under the master's or 
 
 employer's command. On Sabbaths, holidays, or during the 
 
 hours of rest, no such presumption arises. 
 
 Liability for §1863. The master is responsible for all damages arising from 
 
 ' the negligence of his slave while engaged in liis business. 
 Interference § 1864. Exccpt SO far as autliorizcd by the patrol and police 
 sons. regulations of this State, and is necessary for the preservation of 
 
 public order, third persons have no right to interfere with, con- 
 trol, coerce or correct a slave, and for all such acts the master 
 may recover damages. 
 Harboring a § 1865. Ally pcrsoii harboring or concealing a runaway or 
 fugitive slave, shall be liable to the master in damages, and the 
 jury in every such case shall give exemplary damages, according 
 to the circumstances of each case. If the person harboring or 
 concealing is a free person of color the owner shall have his 
 remedy against the guardian, and for the payment of the re- 
 covery such free person of color shall be hired out as prescribed 
 for other debts. 
 Necessaries §1866. The iiiastcr is liable to any person for necessaries fur- 
 8k)nar8eV- nishcd to liis slave, unless he be a fugitive, or for medical atten- 
 dance, rendered either when the slave is abandoned or neglected 
 by liim, or in cases of emergency, when the master cannot be 
 consulted. In all such cases the burden is on the plaintiff to 
 show the existing necessity, and the failure or inability of the 
 master to supply the wants. 
 White per- §1867. Evcry master or employer having on a plantation 
 teSon'! ^ ''"" more than ten slaves, over the age of sixteen years, shall have a 
 white man as overseer, manager or superintendent, residing on 
 or near said plantation. For a violation of this clause such mas- 
 ter or employer shall forfeit the sum of one hundred dollars, one- 
 half to be paid to the informer. 
 Druggist § 1868. Any druggist or other person who by himself or his 
 
 son'tfs'iave. clerk sliall sell or give any drug or medicines of a poisonous 
 character to a slave, except upon the written order of the mas- 
 ter, shall be liable to the master or any other person for all 
 
PT. 2.— TIT. L'.— CHAP. 5.— Domestic PtELATioNt*. 371 
 
 Article 2. — Rights and IMnlities of Master as to third Persons. 
 
 flamages arising from the use of such poison, and the additional 
 sum of (»ne hundred dollars to the master for every such offence. 
 
 § 186^, Any person who shall sell or give any spirituous liquors jjg,„„g 
 to a slave without the written order of his master, shall be liable j,^^""" *" 
 to the master for all damages direct and consequential accruing 
 to the master or his property from such act. 
 
 § ls70. The master shall not furnish to his slave any poisonous ^.^ter fur- 
 drug or medicine, or spirituous liquors, except as administered ".^n^orHq^r 
 medicinally or used in his presence. And any ]>erson whose *" ^'* *^*^*" 
 :slave or other property has been injured by such poison or liquors 
 received from the slave of another having possession of the same 
 by his master's consent, shall recover from such master the full 
 amount of the damage so sustained and the reasonable expense 
 of his litigation. 
 
 §1871. No slave shall keep any lire-arms in his own posses- Keeping 
 ■sion, nor carry or make use of them or any weapon of offence, '^'■*'"'""°™*- 
 ■except upon the plantation of the master or employer, or accom- 
 panied by a white person at least sixteen years of age ; and any 
 white person tiuding a slave violating this section mav seize such 
 weapons, and having notified the owner or employer of the slave 
 ■*A' the fact, and the time of his application, he may apply to a 
 Justice of the Peace of the district to hear the facts upon his 
 •own affidavit and the testimony of others, and to grant a certifi- 
 cate of forfeiture declaring the said weapons to belong to such 
 informer. 
 
 §1872. The master or controller of a slave charged with any Master eon- 
 offence shall not conceal or convey away such slave, or otherwise fenlkr "^' 
 seek to evade a fair trial of the charge. Any person violating 
 this clause shall, if the charge be of a capital offence, forfeit the 
 sum of one thousand dollars, and if not capital, one hundred 
 •dollars, one-half of which shall go to the person injured by such 
 -offence of the slave, if any, if not, then to the informer, the re- 
 anaining half to the Educational Fund of the county. 
 
 § 1873. Any person writing, or furnishing, or concerned in any Furnishing 
 way in furnishing to a slave a free pass, or permit, or any other slave!"''" "* 
 permit calculated to injure or harass the master, shall be liable 
 to the master in the sum of one hundred dollars for every such 
 act in addition to the full damages which the jury may assess for 
 any loss, or injury, or vexation which the master has suffered l)y 
 reason of such act. 
 
3|9^ « PT. 2. — TIT. 2. — CHAP. 5. — Domestic Relations. 
 
 Article 3. — Manumission. 
 
 ARTICLE III. 
 
 OF MANUMISSION. 
 
 Section. jSectiox. 
 1874. Manumission prohibiU'd. 1877. Papers si lall not be recorded. 
 
 1S75. Every attempt void. I 187.'^. Foreifrn manumission. Sec. 
 
 1H7G. Penalty Tor violation. I 
 
 Manumis- §1^74-. Xo shive sliall 1)0 inauuiiiitted in Georgia, except br 
 
 hiwtld?" act of tlie General Assembly. 
 
 Evervat- § 1 ^^75. All aiid cverv will and testament, deed, whether by 
 
 tempt voi.i. ^^^^^ of trust or otherwise, contract, airreenient or stipulation, or 
 other instrument in writing, or by jiarol, made and executed for 
 the imrpo.se of effecting, or endeavoring to eftect the manumis- 
 sion of any slave, either directly by conferring, or attempting to 
 confer freedom on such slave, or indirectly or virtually by allow- 
 inir and securing, or attempting to allow and secure to such slave- 
 the rii^ht or privilege of working for himself free from the con- 
 trol of a master, or of enjoying the profits of his labor and skill, 
 shall be utterly null and void in every part and clause of the- 
 same seeking to carry such object into effect, and the title to- 
 such slave shall be just as if such attempt had not been made. 
 ^187<5 Anv person violatinic. or attemi)tin<r to give effect to 
 
 Penalty for »^ ' * - X ' /, i ii i r 11 * 
 
 vioiuiion. j^^^ instrument violating the above provisions, sliall be liable to- 
 
 a forfeiture of one thousand dollars for every such offence, to be 
 
 recovered in an action of debt, one-half to go to the informer, 
 
 and the other to the Educational Fund of the county. 
 
 , n $1S77 Xo Ordinary or Clerk, or other officer, shall record 
 
 "orcu-a.'^'" Buch portions of such instruments as are violative of the above 
 provisions. 
 
 §1878. Every master has the right of sending his slave to an- 
 
 manuuiis- .i State, there to be manumitted, lie cannot direct this to- 
 be done by his executor or others after his death, and every such 
 provision, by will, deed or otherwise, shall be void. 
 
 ARTICLE lY. 
 
 OF FUGITIVE OR RUNAWAY SLAVES. 
 Section. Sectiox. 
 
 1870. Ricrlit ofre-eaption. 1884. Duty of jailer. 
 
 1880. Possessory warrant. 1885. Sale. 
 
 1881. Retaliation on other States. Ae. ' 1886. Claim of owner after sale. 
 
 1882. Arrest of fugitives. ' 1887. Before sale. 
 
 IhS:^. Must be delivered up in four days. • 1BS8. Notice of reward and claim. 
 
PT. 2.— TIT. L^— CHAP. 5.— Domestic Relatioxs. 37J 
 
 Article 4. — ^Fufritivc or Runaway Slaves. 
 
 S1870. The master has the riffht of re-<tapturin£r his fumtiveKiebtofrf- 
 slave wherever and wlicnever he may find Inm ; for this purpose 
 tlie inaxtcr may ]tnivue tlie slave upon the land or within tlie 
 ■eurtelage of another, if in so doinir lie commits no hreach of the 
 peace. 
 
 §l>i80. If the fnf»;itive he fonnd in the ]>ossession of a i )erson Po8f«<>B!«orr 
 who claims him as a oona Jide purchaser irom anotlier, tlic mas- 
 ter must resort to a possessory warrant as hereinafter provided, 
 when the question to he tried hefore the court shall he confined 
 "to the fact of the slave heing a fugitive from the claimant. 
 
 §1881, If the fumtive slave escai)es to another State, and the Retaliation 
 
 .... . . . of other 
 
 master is denied his rights of re-caption according to the laws off^«*teB,&c. 
 the Confederate States, hy reason of the local legislation of such 
 State, the Governor of this State. u]»oii heing satisfied of the fact 
 from information under oath, shall issue his proclamation re- 
 quiring all the courts of this State to deny to the citizens of such 
 State every privilege now allowod to tlicin u]»on tlie principles 
 •of comity among States. 
 
 §1^8:2. Every citizen of this State has the right of interroga- Arrei.tof 
 ting every negro or mulatto found in the highway or away from 
 his masters premises and business without a permit, or under 
 any other suspicious circumstances, with a view of ascertaining 
 ■whetiier he is a fugitive or not, and, upon reasonahle grounds of 
 suspicion, to arrest such negro or mulatto and carry him hefore 
 the nearest Justice of the Peace for further examination into the 
 fact. If the master of such slave is known, and is within a con- 
 venient distance, the said Justice, if satislied that he is a fugitive, 
 shall direct the person arresting, or a Constable, to deliver such 
 slave to the master. If the master is unknown, or not within a 
 •convenient distance, the Justice, if satisfied as above, shall direct 
 the person arresting, or a Constable, to deliver the said slave to 
 the jailor of the county. 
 
 §1883. Every person taking up a fugitive slave sliall deliver Must i.ede- 
 hini to his master, or carry him before a Justice, asal)ove, within foifr'tiay^ *" 
 four days from the time of such arrest. 
 
 § 1884:. When a fugitive slave is delivered to the jailor, it shall Duty of 
 be his duty to prepare a notice giving the name, age, height, com-'''"''"^" 
 plexion, marks or other descriptive traits, together with the time 
 •of commitment and name of the owner as reported by the slave, 
 .and cause the same to be published for at least three inonths in Advertise- 
 itwo public gazettes, one near the residence of the reported owner, °'^"*- 
 
374 PT. 2.— TIT. 2.— CHAP. 5.— Domestics Relations. 
 
 Article 4.- — Fuj^tive or Runaway Slaves. 
 
 and the otlier the c;nzette in wliicli the SlierifTs sales of the connty 
 are pul)]is]ied. lie shall also send a letter b_y post to the person 
 to whom the slave says he belon2:s. 
 
 Sale. §1885. At the expiration of said notice, if no person appears- 
 
 and claims the slave, the jailor shall notify the Justices of the- 
 Inferior Court of the fact, who shall cause the said slave to be 
 advertised for sale, by the Sheriff of the county, as a runaway 
 slave, and after publication of said advertisement, as notices of 
 other Sheriff's sales, and, no claimant ap}»earin<j, the Sheriff shall 
 
 of'fumis!""' f'Gll the slave in the same manner as i>ropery levied on under ex- 
 ecution, to the highest bidder, and after ]>aying jail fees, and all 
 other expenses legally incurred on account of said slave, shall pay 
 over the balance to the Clerk of the Inferior Court of said county.. 
 
 Claim of §18m(). If the former owner of the slave aj)pears sit anv time 
 
 owner nftor • ^ • ,. ■, . ,. ■, ■, ■, ■, .'> ■■ i • 
 
 sale. witnm one year from tlie time ot tiie sale, and makes })rooi of his 
 
 ownership, the said court shall order the balance in the hands of 
 the Clerk to be paid over to him. At the expiration of one year 
 without such claim, the court shall order the same ])aid to the- 
 Educational Fund of the county. 
 
 Before eak'. § 1887. If tlie owuer of the slave, advertised as a fugitive, shall 
 api)ear and give satisfactory jtroof t(» the Sheriff that he is the- 
 true owner, the Sheriff shall order the jailor to deliver the .same 
 to him, on his paying all the jail fees and expenses incurred about 
 said slave. If any reward has been offered for the anprehension 
 
 Collection of _ . " _ ' ^ 
 
 reward. of Said slave, sucli reward shall be paid to the jailor, or good se- 
 curity in the county given for the same before the possession of 
 the slave shall be given to the claimant. 
 Notice of re- §1888. Any pcrsoii apprehending a fugitive slave for whom a 
 wM^and i-eward has been offered, may on the delivery of said slave to the- 
 jailor, give him written notice of such reward being offered, and 
 the name of the person offering it, and any jailor who after sucli^ 
 notice sh^ll deliver up such fugitive before said reward is paid 
 or security given as above, shall be liable with his sureties on 
 his bond to the person entitled for the amount of such reward. 
 
 For the rights of the owner against persons harboring liis slave, see Artii-le 2 of, 
 this chapter and Penal Code for slaves and free persons of color. 
 
PT. 2.— TIT. ;i.— CHAP. 1.— (Jthkk Rklations. 376 
 
 Article 1. — (ieneral Principles. 
 
 TITLE III. 
 
 OF RELATIONS ARISING FROM OTHER CONTRACTS. 
 
 Chai'tkk 1. Of Partnership. 
 Chaptp:k 2. Of Debtor and Creditor. 
 Chapter 3. Of Bailments. 
 CnAPTfZR 4. Of Principal and Surety. 
 Chaptkr 5. Of Principal and A^ent. 
 
 CHAPTEK I. 
 
 OF PARTNERSHIP. 
 
 Artu'le 1. General Principles. 
 
 Article 2. Ricrlits and Liabilities of Partners amonjr themselves. 
 
 Artk LE 3. Rights and Liabilities as t<» third persons. 
 
 Article 4, Limited Partnershij». 
 
 ARTICLE I. 
 
 (GENERAL PRINCIPLES. 
 
 Section. Section. 
 
 1889. How created. 189G. How it is dispolved. 
 
 1890. Extent of Partnersliip. 1897. Notice of Dissoiution. 
 
 1891. Open and Dormant Partner. | 1898. Effect of Dissolution. 
 
 1892. What constitutes a partnership. [ 1899. False Partner. 
 
 1893. Time of Commencement. ' 1900. Denial by Defendant. 
 
 1894. Death of partner, .tc. 1901. Suits by and against. 
 
 1895. Duration and dissolution. ' 1902. Executory Bond. 
 
 §1889. A ])artnorship may be created either by written ornowereated 
 parol contract, or it may arise from a joint ownership, use and 
 enjoyment of the profits of undivided property, real or personal. 
 
 §1890. As among partners the extent of the partnership is Extent of 
 determined by the contract and their several interests. As to " ^'^^ '^* 
 third persons, all are liable not only to the extent of their inter- 
 est in the partnership property, but also to the whole extent of 
 their separate property. 
 
 §1891. An ostensible partner is one whose name appears to op"" p"'"'^- 
 the world as such, and he is bound though he have no interest in 
 
376 PT. 2.— TIT. 3.— CHAP. 1.— Otiiek Eelationb. 
 
 Article 1. — General Principles. 
 
 Dormant ^^® firm. A domiaiit or secret j^artner is one whose connection 
 partner. witli the fimi is really or professedly concealed from the world. 
 What con- § 1892. A joint interest in the partnership property, or a joint 
 partnership, interest in the profits and losses of the business, constitute a 
 
 partnership as to third persons. A common interest in profits 
 
 alone does not. 
 Time of §1803. If uo time is specified for tlie conmiencement of the 
 
 commence- partnerslii]), it commences immediately. 
 
 Death of a §1894:. If the contract specifies the term for which tlie partner- 
 effSrcon-' ship is formed, it will continue for that time or till the death of 
 
 one partner. If it is desired to continue, notwithstandino; the 
 
 death of a partner, it must be so si)ecified. 
 
 tinuauce. 
 
 Duration § 1895. If there is no agreement as to the time of continuance 
 tion. the partnership is at Avill, and may l)e dissolved at any time by 
 
 any partner on giving three months notice to his co-})artners. 
 How it is § 1896. Ever}'' partnership is dissolved at any time by tlie mu- 
 
 dissolved. • i i i i • ' • "^ • • 
 
 tual consent ot the parties, by tJie death, msanity, or conviction 
 for felony of one of the parties, by the marriage of a feme sole 
 partner, by the extinction of the business for which it was formed, 
 or by such misconduct of eitlier partner as will justify a court 
 of equity to decree a dissolution. 
 
 Notice of §1897. The dissolution of a partnershij) by the retiring of an 
 ostensible partner, must be made known to creditors and to the 
 world. By the retiring of a dormant partner, it must Ije made 
 known to all who had knowledge of his connection with the 
 firm. 
 
 Effect of § 1898. A dissolution puts an end to all the powers and rights 
 
 resulting from the partnership to the partners, except for the 
 purpose of a general account and winding up the business. As 
 to third persons, it absolves the partners from all liability for fu- 
 ture contracts and transactions, but not for the transactions that 
 are past. 
 
 § 1899. No partnership may lawfully insert in their firm name, 
 
 i»er. " or style, the name of any individual not actually a co-partner, 
 nor continue in such firm, name or style, the name of a retired 
 partner. And each member of a firm violating this provision 
 shall forfeit the sum of one hundred dollars for every day's vio- 
 lation, to be recovered by any person who may prosecute for the 
 same. 
 
 § 1900. Partners suing, or being sued in their firm name, the 
 
 dissolution. 
 
 False part- 
 
FT. 2.— TIT. 3.— CHAP. 1.— Othku Delations. 377 
 
 Article 1. — General Principles. 
 
 partnership need not be proved unless denied by the defendant, ,Vef"if]gn^ 
 •on oatli, njKm plea in abatement filed. 
 
 § 1^01. Judgments may be entered up and execution issue in suits brand 
 the name of the firm ur against a firm. And service of process '^'°" 
 ■on one partner with a return of " rum est inventus " as to the 
 ■others, shall authorize a judgment against the firm bindiiiij all 
 of the firm assets and the individual ]»n»]ierty of the one served. 
 
 § 1902. In all legal proceedings, wherein it becomes necessary Kx-ecutory 
 for partners to give bond, any one of the partners may execute '^""'^ 
 «uch l)ond in the firm name. 
 
 ARTICLE II. 
 
 RIGHT.S AND LIABILITIES OF PARTNERS AMONG THKMSELVKS. 
 Section. ; Section. 
 
 190.3. Intere.-'t of each. 1907. Introducing new partner. 
 
 1904. Insolvent partner. I 1908. Power of majority. 
 
 1905. Goo.1 faith intrr s-. j 1909. Snrvivinp partner. 
 
 1906. Power of each partner. 
 
 § H»03. Unlesai otherwise provided in the agreement, partners, . . , 
 
 ■1, . 1 • 11 » Interest of 
 
 are ecjuaily interested in all the stock or property brought into^*"^- 
 the business— it matters not by which partner— are equally en- 
 titbd to share the profits, and equally bound to pay the losses. 
 
 § 1U04. If one of several partners proves to be insolvent, each contribution 
 ipartner is bound to contribute according to his interest to sustain insoivenl 
 the 2>ro rata loss of such insolvent in the debts of the firm. ^'"^""'' 
 
 §1905. The strictest good faith is required among partners, 9«'>'i festh 
 and tliat which would not amount to fraud as to third persons,""" *'" 
 may be such a violation of this faith as to justify a court of 
 equity to compel a partner to give up any advantage thus ob- 
 tained. 
 
 §190G. Every partner has a right to examine into the afitairs Power of 
 ■of the firm, and, unless otherwise agreed to, have joint possession ^"^'^ p'"'^"^'-- 
 •of its eftects, to collect and apply its assets, to contract or other- 
 wise bind the firm in matters connected with its business, and to 
 ■execute any writing or bond in the course of the business. At 
 110 time transgressing the privileges of other partners or seeking 
 in bad faith to evade or violate their wishes. 
 
 § 1907. Xo partner by assigning his interest or otherwise, can lutroducins 
 introduce a new partner witlmut the consent of the others, unless "•'"p^^'"^^- 
 .•such power is reserved in the contract. 
 
378 PT. 2.— TIT. :'..— CHAP. 1.— Other Kelations. 
 
 Article 2. — Rights and Liabilities of Partners among thoniselvef!. 
 
 Power of §1908. Unless otlierwise stipulated, a majority of the partnei-s 
 must control on any question -within the scope of the partnership 
 business ; but outside of such business, any partner may veto the 
 use of the partnership assets. 
 
 siuviviutr § liMi9. The survivino- tjartner, in case of deatli, has the right 
 to control tlie assets of tlie firm to the exclusion of the legal rep- 
 resentatives of a deceased partner, and he is ]:)riinarily liable to 
 the creditors of the firm for their debts. 
 
 ARTICLE III. 
 
 RRiHTS AND LlABILITIlvS OF PARTNERS AS TO THIRD PKRSOXS. 
 
 Sectiox. Sectiox. 
 
 1910. Secret stipulations. 191 G. flndorsenient, &c. 
 
 1911. Bound by acts of partner. 1917. Liability from fraud of one partner. 
 
 1912. Duty of agent. 1918. For torts of partner. 
 
 1913. Matters outside of partnership. 1919. Power after dissolution. 
 
 1914. Lending money to partner. 1920. Disposition of assets, .tc. 
 
 1915. Purcliasing from partner. 1921. Garnishment on i)arlner.-< interest. 
 
 Secret etipa- § 1910. Third pcrsoiis are bound by no stipulations among the 
 partners themselves, unless actual notice of such stipiUation be 
 proven prior to their action. 
 
 Bound i.v §1911. All the partners are bound l)v the acts of any one, 
 
 actsof part- .,.,,,. , . . , ' , . .,,.",. 
 
 ner. witliiu the legitimate business ot tlie partnership, until dissohition 
 
 Eflfect of no- QY ^YiQ commencement of legal i)rocess for that puri)0se, or express^ 
 
 notice of dissent to the person about to be contracted with. 
 Duty of §,1912. An agent of the partnership is generall}' bound to obey 
 
 *^*° each partner. If contradictt>ry instructions are given by different 
 
 partners, he is not bound to ol)ey either, but should act for the- 
 best interest of the partnership. 
 Matters out- §1913. Third persons acting with a partner in a matter not 
 ne/shipr" legitimately connected with tlie partnership, have no right against 
 
 the firm or any other member. 
 Lending §1914. A pcrsoii lending money to a partner for the firm i& 
 
 pMtner." uot bouiid to scc to its application, but if he knows, or has rea- 
 sonable grounds to suspect that it is intended to be applied ta 
 other purposes than the business of the firm, he cannot recover it 
 from the partnership. 
 Purchasing § 1915. Third pci'sons acquire no title to partnership assets by 
 Ber. purchase from one member, when notice or a reasonable ground 
 
 of suspicion is known to them that the ]>artner is misapplying, or 
 seeks to misapply such assets. 
 
PT. 2.— TIT. 3.— CHAP. 1.— Other KELATioNg. 379 
 
 Article 3. — Rights and Liabilities of Partners as to Third Persons. 
 
 §1916. A ffuarantv or an accommodation endorsement is not Endoree- 
 
 •-> o ./ _ ments, <fec 
 
 within the legitimate business of ordinary partnership. 
 
 S 1917. All the partners are responsible to innocent third per- J'i"Wiitv for 
 
 '■> -l ^ -^ fraud of one 
 
 sons for damages arising from the fraud of one partner in matters p^irtner. 
 relating to the partnership. 
 
 § 1918. Partners are not responsible for torts committed by a For torts of 
 
 -111 1. i» 1 • i. partner. 
 
 co-partner, lor the negligence or torts of then- agent or servant of servant. 
 they are responsible under the like rules with individuals. 
 
 §1919. After dissolution, a partner has no power to bind the Power after 
 
 ^ ^ ' ' , ^ ^ dissolution. 
 
 firm by a new contract, or to revive one already for any cause 
 extinct, nor to renew or continue an existing liability, nor change 
 its dignity or its nature. 
 
 § 1920. When a partnership is insolvent, and one of the part- Disposition 
 ners is deceased insolvent, the creditors of the partnership, in among credi- 
 equal degree with individual creditors, cannot claim to share in 
 the individual assets of the deceased partner until the individual 
 creditors shall have lirst received, upon their debts, such a per 
 centage from the individual assets, as such ])artnership creditors 
 have received from the partnership assets. 
 
 § 1921. The interest of a partner in the partnership assets may oamish- 
 be reached by a judgment creditor by process of garnishment "artner" in- 
 served on the firm, and shall not bo subject to levy and sale. 
 The lien on such interest shall attach from the date of the judg- 
 ment against the })artner. 
 
 ARTICLE lY. 
 
 LTMITKD PARTNERSHIP. 
 
 Section. Section. 
 
 1922. Limited partnerships. ; 1934. Names of the firm. 
 
 1923. How constituted. | 1935. Suits— how brought. 
 
 1924. Business— by wliom conducted. | 193C. Stock not to be withdrawn. 
 
 1925. Certificate — specification of. | 1937. Interest and profits. 
 
 1926. Acknowledgment of. i 1938. Special partner, &c. 
 
 1927. Certificate and powers— how filed, j 1939. Liability of general partners. 
 
 1928. Affidavit of general partners. 
 
 1929. Informal partnerships. 
 
 1930. Publication. 
 
 1931. Evidence of publication. 
 
 1932. Renewal or continuance of. 
 
 1940. Guilty of fraud — how punished. 
 
 1941. Fraudulent assignments. 
 
 1942. General or special partners. 
 
 1943. Liability of special partners. 
 
 1944. Not to claim credit — when. 
 
 1933. Dissolution of. I 1945. Dissolution — how etlectcd. 
 
 § 1922. Limited partnerships for the transaction of any mer- 
 cantile, commercial, mechanical, manufacturing, mining or agri- 
 
380 PT. 2.— TIT. 3.— CHAP. 1.— Other Eelations. 
 
 Article 1. — Limited Partnerships. 
 
 By whom cultural biisiiiess within this State, may be formed by two or 
 
 formed — for . , " . 
 
 what pur- more persons upon the terms, with the rights and powers and 
 subject to the conditions and liabilities herein prescribed; but 
 the provisions of this act shall not be construed to authorize any 
 such partnei'ship for the purpose of baid-cing or making insu- 
 rance. 
 How consti- §1923. Such partnerships may consist of one or more persons, 
 who shall be called general partners, and who shall be jointly 
 and severally responsible as general partners, and of one or more 
 persons who shall contribute in actual cash a specific sum as 
 capital to the common stock, who shall be called special partners, 
 and wlio shall not be liable for debts of the partnership beyond 
 the fund so contributed by him, or them, to the capital, except 
 as hereinafter provided. 
 business- § 1*«^24. The general partners only shall be authorized to trans- 
 tranw^cteV fict busincss, and to sign for the partnership, and to bind the 
 
 same. 
 Speciflca- §1025. Persons desirous of forming such i)artnersliip shall 
 tiflcato[ '^"' luake, and severally sign by themselves, or attorney in fact, a 
 certilicate which shall contain — 
 
 1. The name of the firm under which such partnership is to 
 be conducted. 
 
 2. The general nature of the business intended to be trans- 
 acted. 
 
 3. The names of all the general and special partners inserted 
 therein, distinguishing which are general, and which are special 
 partners, and their respective places of residence. 
 
 4. The amount of capital which each special partner shall 
 have contributed to the common stock. 
 
 5. The period at which the partnership is to commence, and 
 the period at which it shall terminate, and when made by such 
 attorney in fact, the power of the attorney duly authenticated 
 shall be recorded along with such certificate. 
 
 iiowac- §1926. The certificates shall be acknowledged by the several 
 
 ' persons signing the same, or their attorney in fact, before a Judge 
 
 of the Superior or Inferior Court, or a Justice of the Peace, or 
 
 Xotary Public, and such acknowledgment shall be certified by 
 
 the oflicer before whom the same is made. 
 
 Certificates § 1927. The Certificate and power of attorney in fact, so ac- 
 
 ^ attorneys kuowlcdgcd and certified, shall l)e filed in the oftice of the Clerk 
 
 — when and .in*^ •/-> /»• ■ i"ii ••ii 
 
 where filed, ot the Superior Court oi tlie county m wliicli the principal place 
 
PT. 2.— TIT. 8.— CHAP. 1.— Othek Relations. 381 
 
 Article 4. — Limited Partnership^ 
 
 of l)usiiiei^s of tlie partnersliip shall be situated, and also be re- 
 corded by liiiii at large in a book to be kej^t for that purpose 
 open to public inspection. If the ])artnershi]) sliall have places 
 of business situated in different counties, a transcript of the 
 certilicate, and ])o\ver of attorney in fact, and of acknowledg- 
 ment thereof, <luly certified bv the clerk in whose office it shall 
 be filed, under his official seal, shall be filed and recorded in like 
 manner in the ofiice of the Clerk of the Superior Court in every 
 such county; and the clerk for each and cverv registry required 
 by this act shall be entitled to the sum of five dollars. 
 
 §1028. At the time of filing the original certificate, with the Affidavit 
 evidence of the acknowledgment thereof, as bctVtre directed, an 
 affidavit or affidavits of the several general partners shall also be 
 filed in the same office, stating that the sums specified in the 
 certificate to have been contril)uted by each of the special part- 
 ners to the common stock, have been actually and in jrood faith 
 paid in cash, and a certified copy of such certificate, power of 
 attorney, and affidavits, shall be evidence in all courts and places 
 whatsoever. 
 
 § 1929. No such partnership shall be deemed to have been informal- 
 formed until such a certificate as is herein mentioned shall haveS"^'^ 
 been made, acknowledge* 1, filed and recorded, n(»r until an affi- 
 davit shall have been filed as above directed ; and if any false 
 statement be made in such certificate, or affidavit, or if such 
 partnership business be conunenced before such certificate or affi- 
 davit is filed, all the i>ersons interested in such partnership shall 
 be liable for all the engagements thereof as general jiartners, 
 
 § 1930. The partners shall publish the terms of the partner- 
 
 1 . 1 ... 1 ^ now pub- 
 
 ship, when registered, tor at least six weeks immediately after ^'*''"'''- 
 such registry, in one newspaper in the county in which the place 
 of business is situated, and in one newspaper in the city of Mil- 
 ledsreville. If no newspaper should be published in the county 
 in which the business is to be transacted, the notice shall be pnb- 
 lished in all the newspapers in the city of Milledgeville, as before 
 required, and if such publication be not made within two 
 months from the filing of such certificate and affidavit the part- 
 nership shall be deemed general. 
 
 §1031. The affidavits of the publication of such notice by the j,^ij^„^g „j.- 
 printers, publishers, or editors of the newspapers in whicli the J'"''''''^^'*'"- 
 same shall be published, may be filed in the office of the Clerk 
 
firm. 
 
 4582 PT. 2.— TIT, 3.— CHAP. 1.— Othek Relations. 
 
 Article 4. — Limited Partnerships. 
 
 of the Superior Court in whicli the certiiicate has been filed and 
 shall be evidence of the facts therein contained. 
 r.cncwai or § 1932. Evcrv renewal or continuance of such partnership be- 
 of plrtnTr-" jo^d tlic time originally fixed for its duration shall be certified, 
 *^'P- acknowledged and recorded, and an afiidavit of a general partner 
 
 be made and filed, and notice be given in the manner herein 
 required for its original formation ; and every such partnership 
 which shall be otherwise rene\ved or continued shall be deemed 
 a general partnership. 
 Alterations §1933. Evcry alteration which shall be made in the names of 
 Acrdeemed tlic partners, in the nature of the business, or in the capital or 
 shares thereof, or in any other matter specified in the original 
 certificate, shall be deemed a dissolution of the partnership ; and 
 every such partnership which shall in any manner be carried on 
 after any such alteration shall have been made shall be deemed 
 a general partnership, unless renewed as a special partnership 
 according to the provision of the last section. 
 Name of § 1934. The business of the partnership shall be conducted 
 
 under a firm in Avhich the names of the general partners only 
 shall be inserted without the addition of the word " company,'' 
 or any other general term ; and if the name of any special part- 
 ner shall be used in such firm, he shall be deemed a general part- 
 ner. 
 
 §1935. Suits to be brought, by any partnership, to be formed 
 under this Code, shall be in the name or names of the general 
 partners only, and suits against such partnership shall be brought 
 against the general partners only, except in cases where the spe- 
 cial partner shall be rendered liable as general partners, in which 
 cases suits may be brought against all the i)artners jointly or sev- 
 erally, or any one or more of the special partners may be sued in 
 the same action with the general partners. 
 Capitii § 1936. Xo part of the sum which any special partner shall 
 
 bl^with^' ^^ li^^'G contributed to the capital stock, shall be withdrawn by him 
 or paid or transferred to him in the shape of dividends, profits or 
 otherwise, at any time during the continuance of the partner- 
 ship, but any partner may annually receive lawful interest on 
 the sum so contributed by him, if the payment of such interest 
 shall not reduce the original amount of such capital ; and if, after 
 the payment of such interest, any profits shall remain to be di- 
 vided, he may also receive his portion of such profits, but shall 
 
 «tock not to 
 be wit 
 ■<lrawn 
 
PT. 2.— TIT. 3.— CHAP. 1.— OniEK Relations. 383 
 
 Article 4. — Limited Partnerships. 
 
 not be liable for any rlebts previouf>ly contracted l)v the jsreneral 
 partner!^. 
 
 §1937. If it sliall ap]>ear that, bv tho payment of interest or,,„pr..M an.i 
 profits to any special ]>artner, the orii;inal cnj»ita] has been re- ^"''^**' *"• 
 duced, or the firm shall be nnable to pay its debts, the partner 
 receiving the same shall be bound to restore the interest or profits 
 received by him necessary to make good his original share of the 
 original stock. 
 
 §1938. A special partner mav, at anv time, examine int(» the Pnviieffos 
 state and proffress of the partnership concerns, and mav advise asti.sofsi.e- 
 
 ^ ^ 1 1 11 ' • ci:il partners. 
 
 to their management, but he shall not transact any business on 
 account of the i>artnership, nor 1)e em]iloyed for that purpose as 
 agent or otherwise. If he shall interfere contrary to these ]>r<>vi- 
 «ions, he shall be deemed a general partner; Init he may act as 
 the attorney or counsellor at law, or in equity, for the partner- 
 ship, without being liable to beccnne a general partner. 
 
 §1939. The general partners shall be liable to account to each Liability of 
 other, and to the special partners for their management of thefwuiers. 
 business of the firm, both in law and equity, as other partners 
 are now by law and equity. 
 
 §1940. Every partner who shall l)e guilty of any fraud in tlie partners 
 aftairs or business of the partnership, shall be liable, civilly to thefriu((&c. 
 party injured, to the extent of his damage, and shall also be lia- 
 ble to an indictment for a misdemeanor. ])unishable by fine or 
 imprisonment, or both, at the discretion (»f the Superior Court, 
 by which he shall be tried. 
 
 §1941. Every sale assignment, or transfer of any ot the prop- Fraudulent 
 erty or effects of such partnership, made by such partnership •>n*'f,"^'^°** 
 when insolvent, or in contemplation of insolvency, or after or in 
 contemplation of the insolvency of any partner, with the intent 
 of giving a ]>reference to any creditor of such partnership or in- 
 solvent partner over other creditors of such partnership, and every 
 judgment confessed, lien created or security given by such part- 
 nership under the like circumstances, and with the like intent, 
 shall be void as against the creditors of such partnership. 
 
 § 1942. Every such sale, assignment or transfer of any of the ^^ pe„„ai 
 property or effects of a general or special partner, who may have ['arl^^.r"' 
 become liable as a general partner, made by such general or spe- 
 cial partner M'hen insolvent or in contemplation of insolvency, or 
 after or in contemplation of the insolvency of the partnership, 
 with the intent of giving to any creditor of his own. or of the 
 
384 PT. 2.— TIT. 3.— CHAP. 1.— OiiiEii PtELA-noKs. 
 
 Article 4. — Limited Partnerships. 
 
 partnership, a preference over creditors of the partnership ; every 
 judgment confessed, lien created or secnrity given by an}' such 
 partner nnder the like circumstances, and with the like intent,, 
 shall be void as against the creditors of the partnership. 
 Liability of § 1943, Any special partner who shall violate any provision of 
 partners, &c. the two hist preceding sections, or who shall concur in, or assent. 
 to any such violation by the partnership, or by any individual 
 partner, shall be liable as a general partner. 
 Special §1944. In case of the insolvency or bankruptcy of the part- 
 
 ^""■*"®''®'**'' nershi]), no special partner shall, under any (;n-cunistances, be 
 allowed to claim as a creditor until the clainjs of all the other 
 creditors of the partnei'ship shall be satisfied. 
 Dissolution §1945. No dissolution of such partnersliip, by the acts of the 
 — ^ow e «'^- pj^j,j.jgg^ shall take place previous to the time specified in the cer- 
 tificate of its renewal, until a notice of such intended dissolution 
 shall have been filed and recorded in the Clerk's office in which 
 the original certificate was recorded, and published at least once 
 a week for four weeks in a newspaper printed in each of the 
 counties where the partnershij) has places of business; but if no 
 newspaper be printed in sucli counties, then the notice shall be 
 published for four weeks in all the newspapers in the city of Mil- 
 ledgeville, which notice shall be signed by all the i)artner8, or 
 their representatives ; I^rovided, that nothing herein contained 
 shall be so construed as to aftect the collection of any demand 
 against either of the special j)artners which nuiy have been con- 
 tracted previously to the commencement of such special partner- 
 ship. 
 
PT. 2.— TIT. 3.— CHAP. 2.— Other Eelations. 385 
 
 Article 1. — General Principles. 
 
 CHAPTER II. 
 
 OF DKBTOR AND CREDITOR. 
 
 Aktk r.E 1. General i)rinciples. 
 
 Article 2. Acts void against creditors. 
 
 Article 3. Mortgages and otlier liens. 
 
 Article 4. Insolvent debtors. 
 
 Article 5. Interest and usury. 
 
 AIITICLE I. 
 
 GENERAL PRINCIPLES. 
 
 Section'. Section. 
 1946. Relation of debtor and creditor. 10.10. Piirsinng two remedies. 
 
 1047. Rights of creditors favored. lO.'il. Compulsory election. 
 
 1048. Eqnitalile a.ssets. 1052. Oliligations in writing. 
 1040. Attacking jiidgment.s. , 1053. E.\ceptions. 
 
 § 1946. Wlienever one person, by contract or by law, is liable delation of 
 and bound to pay to another an amount of money, certain or un- ^re^'dftor*^ 
 certain, the rehUion of debtor and creditor exists l>etween them. 
 
 § 1947. Tlie rights of creditors should be favored by the courts, Riphts of 
 and every remedy and facility afforded them to detect, defeat favorod" 
 and annul any effort to defraud them of their just rights. 
 
 § 1948. Courts of equity should assist creditors in reaching Equitable 
 equitable assets, in every case M'here to refuse interference would "''''^'^ 
 jeopard the collection of their debts. 
 
 § 1949. Creditors may attack, as ^fraudulent, a judgment or Attacking 
 conveyance, or any other arrangement interfering with their ^°''^"'"*''" 
 rights, either in law or in equity. 
 
 §1950. The creditor cannot pursue the person and property ofpurgn,„jj 
 the debtor at the same time, except in cases specially provided for ^7° '■^'"^" 
 but the process last sued out shall be void. 
 
 § 1951. As among themselves, creditors must so prosecute their 
 own rights as not unnecessarily to jeopard the rights of others • fieX"n.**"^^ 
 • Hence^ a creditor having a lien on two funds of the debtor equal- 
 ly accessible to him, will be compelled to pursue the one on Avliich 
 other creditors have no lien. 
 
 §1952. To make the follo\ving obligations bindino- on tbp ^''"s*"""' 
 promiser, the promise must be in writing, signed by the party to ['in!" 
 25 
 
 ons 
 must 
 wri- 
 
38t) PT. 2.— TIT. 3.— CHAP. 2.— Otheb Kelations. 
 
 Article 1. — General Principle!?. 
 
 be charged tlierewitli, or some person by him lawfully author- 
 ized, viz : 
 
 By executor, ]. A promisc by auv executor, administrator, guardian or trus- 
 tee to answer damages out of Iiis own estate. 
 
 To pay debt 2. A prouiisc to answcr for the debt, default or miscarriage of 
 
 of another. , 
 
 anotlier. 
 Marriage '). Auv agreement made upon consideration of marriage, ex- 
 
 considera- " . . , , . , .. • i i 
 
 tion. cept marriage articles as herein l>eiore provided. 
 
 Sale of i.nid. 4. Auv contract for sale of lands, or any interest in or con- 
 cerning them. 
 Agreements. 5. Ally agreement (except contracts with overseers,) that is 
 formed, in a not to bc performed within one year from the making thereof. 
 Contracts 6. Anv coiitract for the sale or gift of slaves. 
 aboutsaMs. _ j^ prouiisc to rcvivc a debt barred bv the acts of limita- 
 
 New prom- • • . I 
 
 ise to revive j.:,^.. 
 a debt. "•^"'• 
 
 Sale of goods '*'• "'^".^' coutract for the sale of goods, wares and merchandize 
 dollars!'' hi existence, or not in esse to the amount of tifty dollars or more, 
 except the buyer, shall accept part of the goods sold and actually 
 receive the same, or give something in earnest t<> bind the bar- 
 gain or in part payment. 
 Kxception*. §1953. Tlic forcgoing section does not extend to tlie following 
 cases, viz : 
 
 1. When the contract has been fully executed. 
 
 2. Where there has been performance on one side accepted by 
 on one side. ^|jg otiipr ill accordaiicc with the contract. 
 
 I'.rt )erioi- ^' Whcrc there has been such part performance of the contract 
 
 Kxecutod 
 eontractir. 
 Performance 
 
 iiiance 
 :imouDtiDg 
 to fraud. 
 
 as would render it a fraud of the party refusi.ig to comply if the 
 court did not compel a performance. 
 
 AETICLE II. 
 
 ACTS VOID AGAINST CREDITORS. 
 
 Section. , Section. 
 
 1954. A'oid actss. 1955. Legal prefereuce. 
 
 § 1954. The following acts by debtors shall be fraudulent in 
 law against creditors, and as to them null and void, viz : 
 Assign- r 1. Every assignment or transfer by a debtor, insolvent at the 
 trost? "' (time, of real or personal property of any description to any per- 
 
 For other provisions as to " debtor and creditor"' see Part 2, Title 7, Chapter 7, "on 
 contracts." 
 
 Void acts. 
 
PT. 2.— TIT. ;i— CHAP. 2.— (>thek Relatione. 387 
 
 Article 2. — Acts void against Creditors. 
 
 /8on, either in tnipt or for the benefit <»f liiniself or any one or 
 , more ol" ]iis creditors, or any person appointed by him, to the ex- "' 
 elusion of any other creditor in the equal participation of such'^^' 
 property, unless such assignments or transfer is a hona fide sale, " 
 in extinction, in Avhole or in part, of the debt of the purchaser, ^^ 
 and without any trust f»r benefit reserved to the seller or any / -^ 
 Vi^rson appointed by him. 
 
 2. Every conveyance of real (.r jtersonal estate by writing or conveyance 
 otherwise, and every bond, suit, judgment and execution, or con- *" ''*'^*^' 
 tract of any description, had or made with intention to delay or 
 defraud creditors, and such intention known to the partv taking; 
 a hona Jide transaction on a valuable consideration and witliout 
 notice or grounds for reasonable suspicion, shall be valid. 
 
 o. Every voluntary deed or conveyance, not for a valuable con- voin„tar - 
 sideration, made by a dobtf.r insolvent at the time of such eon- ^"'"^^y""*'''- 
 veyance. 
 
 4. Every parol gift of slaves, where the j^ossession either jointly, p^roi pft of 
 partially or entirely remains with the donor, or gift in writing ''''''■^''• 
 under the same circumstances, unless the same be executed witli 
 the formality necessary to a bill of sale, and recorded within one 
 year from its execution. 
 
 §1955. A debtor may prefer one creditor to another, and to L,„ai pref.r- 
 that end he may hona fide give a lien by mortgage or other legar""'' 
 means, or he may sell in payment of the debt, or he may trans- 
 fer negotiable papers as collateral security, the surjjlus in such 
 cases not being reserved for his own benefit or that of any other 
 favored creditor to the exclusion of otlior creditors. 
 
388 PT. 2.— TIT. 3.— CHAP. 2.— ART. 3.— Other Relations. 
 
 Section 1. — Mortirau'cs. 
 
 ARTICLE III. 
 
 OF MORTGAGES AXD OTHER LIEXS. 
 
 Section 1. Mortgages. 
 Section 2. Otlier liens. 
 
 SECTION I. 
 
 MO RK; AGES. 
 
 "What is a 
 ni'irtfragi', 
 
 Form mill 
 execution. 
 
 Kegistrv. 
 
 Sectio.v. 
 1056. "What ii* a inort;.,'afrt', i^e. 
 
 1957. Form and execution. 
 
 1958. Rejiistiy. 
 
 1959. Effect of failure to record. 
 19G0. How admitted in evidence. 
 
 1961. Defective record. 
 
 1962. Record not in time. 
 196li. Probate of record. 
 
 Section-. 
 
 19GJ. Tacking. 
 
 1905. Mortyajre to sureties. 
 
 19«i(;. Redemption in ten 3-ear.s. 
 
 19(J7. Debts due liy installments. 
 
 19G.S. Several distinct niort<,'age.s. 
 
 19G9. Claiming proceeds of sale. 
 
 1970. Purchasers jriving bond, fee. 
 
 § 1950. A mortgage in this State is only a security for a debt, 
 and passes no title. It may embrace all property in possession, 
 or to which the mortgager has the right of possession at the time, 
 or may cover a stock of goods, or other things in bulk but chang- 
 ing in specifics, in which case tlie lien is lost on all articles dis- 
 posed of by the mortgager uj) t<» the time of foreclosure, and 
 attaches on the purchases made to supply their j)lace. 
 
 §1957. No particular form is necessary tu constitute a mort- 
 gage. It must clearly indicate the creation of a lien, specify the 
 debt to secure which it is given, and the property upon which it 
 is to take effect. It must be executed in the presence of, and at- 
 tested by, or proved before a Xotary Public or Justice of any 
 Court in this State, or a Clerk of the Superior Court, (and in case 
 <^»f real property by one Dther witness,) and recorded within three 
 months from its date. 
 
 § 1958. Mortgages on realty must be recorded in the county 
 where the land lies; on personalty, in the county Avliere tlie 
 mortgrairer resided at the time of its execution, if a resident of 
 this State. If a non-resident, then in the county where the 
 mortgaged property is. If a mortgage be executed on person- 
 alty, not Avithiu the limits of this State, and such property is 
 afterwards brought within the State, the mortgage shall be re- 
 
PT. 2.— TIT. 3.— CIIAP. 2.— ART. 3.— Dtiiek Relations. 389 
 
 Section 1. — Mortpa^s. 
 
 corded according to the above rules within six months after such 
 property is so brouglit in. 
 
 §1959. Morti^affcs not recorded within the time required, re- Effect of 
 
 1 1 J A. ■■ I failure to 
 
 main valid as against the mortgager, but are postponed to all record, 
 other liens created or obtained or purchases made prior to the 
 actual record of tlie mortgage. If, however, the younger lien 
 is created by contract, and the party receiving it has notice of 
 the prior unrecorded mortgage, or a purchaser has the like no- 
 tice, then the lien of the older mortgage shall l)e held good 
 against theni. 
 
 §1960. Mortficases, when dulv executed and recorded, shall be now admit- 
 admitted m evidence under the same rules as registered deecls. donee. 
 
 § 1901. A mortgage recorded in an improper office, or without Defective 
 due attestation or probate, or so defectiveh' recorded as not to 
 give notice to a prudent inquirer, sliall not l)e held notice to sub- 
 se(]uent hona Jide purcliasers or yonnger liens. A mere formal 
 mistake in the record shall not vitiate it. 
 
 § 1962. The due record of a mortgage, thougli not made in Record not 
 tlie time prescribed, is notice from tlie time of record to all the 
 world. 
 
 §1963. All tlie rules prescribed for the probate of deeds to Probate for 
 land where the Mitnesses are dead, insane, or removed from the"^*^*^*"^ 
 State, or to the acknowledgment before or attestation by consuls 
 or commissioners, shall apply to the probate of mortgages. 
 
 § 1964. There sh'all be no tacking of mortgages in tliis State. Tacking. 
 
 § 1965. Mortgages may be taken by sureties and guarantees to ^^i^rtgage to 
 indemnity them against loss. sureties. 
 
 1966. If the possession of the propertv is given to the mort- Redemption 
 
 .1 . , ' . ^ . ■, . in ten years. 
 
 gagee, the mortgager may redeem at any time within ten years 
 from the last recognition by the mortgagee of such right of re- 
 demption. 
 
 § 1967. If the mortgage is given to secure several debts falling j)et,ts due 
 due at different times, the mortgagee may foreclose when the ufenu.'''^'' 
 first becomes due, and the court will control the surplus so as to 
 protect the lien created for the debts not due. 
 
 § 196S. So if there be several mortgagees of equal date or em- several dis- 
 braced in the same mortgage, and one forecloses, the court will glTg^ee™''*^ 
 control the proceeds of the sale to distribute to the several mort- 
 gagees according to their claims. 
 
 § 1969. Property mortgaged may be sold under other process, claiming 
 subject to the lien of the mortgage. If the mortgage is fore- sales. 
 
390 PT. 2.— TIT. 3.— CHAP. 2.— ART. 3.— Other Relatione. 
 
 Section 1. — Mortgages. 
 
 to lien. 
 
 closed, tlie mortgagee may place his execution in the hands of 
 the officer of the law making the sale, and cause the title unin- 
 cumbered to be sold, and claim the proceeds according to the 
 date of his lien. 
 
 Purchasers § 15)T0. Purchascrs at public sales of property subject to the 
 to7c°8f)on<i lien of a uKu-tgage, shall give bond and security in double the 
 value thereof to the officer making the sale, conditioned not to 
 remove the property out of the State, and for its forthcoming to 
 answer to the said lien; Pravided^ the mortgagee, or his agent, 
 files with the officer prior to the sale, an affidavit of the amount 
 due on siu-h mortgage, and that he apprehends the loss of said 
 property unless such bond be taken. ( )n failure to give such 
 bond, the i)roperty shall l)e re-sold at the risk' of the purchaser. 
 
 SECTION II. 
 
 OTHER LIENS. 
 
 Section. Section. 
 
 1971. Lieu of medianics. 1983. Payment (if innoiint due. 
 
 1072. Notice of other liens. I 1984. Lien of mill- wrights & machinists. 
 
 1073. Lien attaching to proceed.s of sale.i 1985. Stonecutters, Ac. 
 
 1074. Trial of issue. 1986. Other liens — how enforced. 
 
 1975. Proceedings on part of mechanic. 10S7. Lien of attornc}', factor, &«. 
 
 1976. How sued. 1088. Vendor's lien abolished. 
 
 1977. Effect of possession. 1989. Attorney's lieu — its extent & effect. 
 
 1978. Lien of other mechanics. 1990. Settlement by parties. 
 
 1979. Lien on steamboats. \ 1991. Lieu by by-laws. 
 
 1980. Mode of enforcement. 1092. Oldest lien preferred. 
 
 1981. Issue how made. 1993. Lien under charters. 
 1082. Keplcvy. 1001. Lien on rules absohitc. 
 
 Lien of mo- § 1971. All mecliauics who have taken no personal security there- 
 for, shall have a lien on every house, and the premises to Avhich it 
 shall be attached, for work done or materials furnished in build- 
 ing or repairing such house. Which lien shall be superior in 
 dignity and of higher claim than an}^ other incumbrance without 
 regard to date. And such lien upon the impro\'ements made l>v 
 the mechanic, shall attach to them M'ithout regard to the title. 
 
 Noticoof ^ 1972. Any person holding a lien on such premises or house, 
 may give notice to any mechanic about to build or repair, l^efore 
 the same is commenced, not to proceed therewith. After such 
 notice, the mechanic's lien shall lie postponed for the ]>erson giv- 
 inL' notice. 
 
 otbcr lions. 
 
1>T. L^— TIT. 3.— CHAP. !>.— ART. 8.— Othek Relations. 391 
 
 Section 2. — Other Liens. 
 
 §1973. If any house or premises on which there is a inechaTi-Licn attach- 
 
 o J I ing to pro- 
 
 le's lien, 1)0 sold hy any process from the courts of this State, thef"'is"f sale 
 
 ]>urchaser sliall olitain tlie full title and the lien shall attach to 
 the proceeds of the sale, upon notice by the niechanic to the offi- 
 cer to hold the money until the next session (»f the Superior 
 Court for that ])urpose. 
 
 §1974, If the claim of lien be disjtuted by either plaintiff or Trial afis- 
 defendant in the process or decree on which the money was 
 raised, an issue shall be ordered and tried as other causes, and if 
 it be determined a<>;ainst the claimant, he shall pay such dam- 
 ages, not exceedino; twenty per cent., as the jury may assess, 
 with interest from the date of the notice to retain, and costs, 
 
 §1975, The following provisions must be complied with to pr<>ce^^,ng, 
 make good the meclianic's lien, and on failure of either, the lien ^^".J'hani" 
 shall cease, viz : 
 
 1. A sulistantial comjiliance Ity the mechanic with his (H»ntract 
 for building or repairing or materials furnished. 
 
 2. The recording of his claim of lien in the clerk's office of 
 the county where the land lies in substance as follows: "A. B., 
 a mechanic, claims a lien on the house, and premises on which it 
 is erected, of C. I), (describing the premises) (for Imilding, re- 
 pairing, or whatever the claim may be)" within three months 
 from the time the same is completed. 
 
 3. Tlie commencement of an action for the recovery of the 
 amount of his claim within twelve months from the time the 
 same sluill become due. 
 
 §]97<>. In declaring for such debt the mechanic must set forth How sucj. 
 his lien and the premises on which he claims it, and if the lien 
 is allowed the verdict shall set it forth and the judgment and 
 execution be awarded accordingly. 
 
 §1977, The delivery of possession by the mechanic shall uot j,-flggtj,f 
 effect his lien. ' ' possession. 
 
 §1978. All mechanics shall have a lien on all personal pro- jjen of other 
 perty, manufactured or repaired by them, to the extent of the •"''^•"'""'^ 
 work done and the materials furnished; but such lien shall cease 
 on the delivery of possession to the owner. 
 
 §1979. Every officer and employee, or the master or guardian ji^^^j, 
 of any colored employee on any steamboat or other water craft, ''t*"™^""''^- 
 engaged in the navigation of any river within the border or 
 forming the boundary of this State, shall have a lien of the 
 highest dignity upon the said boat or craft for any debt, dues. 
 
392 PT. 2.— TIT. 3.— CHAP. 2.— AKT. 3.— Other Eelations. 
 
 Section 2. — Other Liens. 
 
 wages or demands that he may have against the owner or lessee 
 of siicli boat or craft for personal services in connection with the 
 same, or for wood or provisions furnished to the same. 
 Mode of en- § 1980. Sucli lien must be prosecuted and enforced in the fol- 
 lowmg manner m substance, viz : 
 
 1. There must be a demand on the owner, or agent, or lessee 
 for payment, and a refusal to pay; and such demand and refusal 
 must be averred. 
 
 2. It must be prosecuted witliin one year after the debt be- 
 comes due. 
 
 3. The person prosecuting such lien, either for himself or as 
 guardian of a free person of color, must make an affidavit before 
 a Justice of the Superior or Inferior Court of the county in 
 which tlie boat or craft may then lay, upon the same arriving at 
 the place of destination to Avhicli it has been freighted, 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 
 fifty 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. 
 
 Issue-how §1981. If the person defendant in such execution or any 
 creditor of such defendant contests the amount or justice of the 
 claim or the existence of such lien, he may tile his affidavit of 
 the fact, setting forth the grounds of such denial, which affidavit 
 shall form an issue to be returned to tlie court and tried as other 
 causes. 
 
 Replevy. §1982. The defendant may re})levy the boat or craft by giving 
 
 bond and security in double the amount claimed for the payment 
 of the eventual condemnation money. 
 
 Payment of §1983. If onlv a part of the amount claimed is denied, the 
 
 amount due. i • -i t i . i i . i /^> t • i n 
 
 amount admitted to be due must be paid before the affidavit shall 
 
 be received by the officer. 
 Liencfmiii- §198-1:. All millwrights and builders of gold machines shall 
 machinists!' have a lien upon such mills and machines, of the same dignity 
 
 as that given above to persons employed on steamboats, and the 
 
 same may be enforced in the same way. 
 Lien of stone §1985. All stone cuttcrs and marble companies shall have a 
 marble com- similar licu on the stone or marble cut and prepared by them, for 
 pauKs. tiigii- labor and expenses, and such lien may be enforced in a 
 
 similar manner. 
 
PT. 2.— TIT. 3.— CHAP. 2.— APtT. 3.— Other Relations. 393 
 
 Section 2. — Otlier Liens. 
 
 § 1986. All persons having a lien on personalty under any law 2^^er Hens 
 in this State may enforce the same in a similar manner, by com- forced, 
 plying with the requisitions prescribed above for persons em- 
 ployed on steamboats, the proceedings to be in the county where 
 the property lies. 
 
 §1987. The lien given by the common law to attorneys, fac- Liens of m- 
 tors, inn-keepers, pawnees, carriers and others under special cir-to™'uin-"' 
 cumstances (except the vendor's lien) are recognized by and may paX.^^s, 
 
 1 ,• Till i> /^ • ^ c;irriei-s, Ac. 
 
 he entorced under the law oi Creorgia. 
 
 §19SS. The vendor's equitable lien for the i)urchase monev of vendor^ 
 
 '-' , ^ ' ■' lien abol- 
 
 lands is abolished in this State. '^hcd. 
 
 §1981). The attorney's lien shall attach for his fees and for a Attorney's 
 general Italance on all sums collected by him, and upon all pro- t.'nt and ef- 
 perty recovered by his services, and shall be superior to all other 
 liens tliereon. In claim cases the attt»rney causing the levy and 
 prosecuting the rights of the plaintiff in ji.fti. shall be entitled 
 to his fees from the proceeds of the property condemned, although 
 older liens inay demand and recover the proceeds from the im- 
 mediate client of such attorney. 
 
 §1990, Parties cannot, by settlement lietwcen themselves, de- s.ttiomont 
 feat the attorney of any lien or claim under contract with his '-^ '""'"■ 
 client of which the opposite party had notice prior to the con- 
 summation of such settlement. 
 
 §1991. The by-laws of a corporation may create a lien upon Lien by by- 
 the shares or other property of the stockholders in favor of the 
 company ; such lien is binding upon the corporators themselves 
 and upon all creditors giving credit with notice, or ])urchasers at 
 public or private sale })urchasing with notice. 
 
 §1992. When difterent persons hold alien on the same pro-oi.iestiien 
 
 ttrcforred. 
 
 perty, and both declared to be of the same dignity, then the 
 oldest lien shall have the preference. 
 
 §1993. All liens created under the charters of incorporated Liens under 
 companies are continued under this Code. 
 
 § 1991:. Rules absolute granted against defaulting Sheriffs, Con- Liens on 
 stables and other officers under the various provisions of this ["10.*" 
 Code, shall have a lien on their property from the date of their 
 rendition similar to that of judgments obtained at the same 
 term. 
 
394 FT. 2.— TIT. 3.— CHAP. 2.— AET. 4.— Othek Rela-hons. 
 
 .Section 1 — How Discharged. 
 
 ARTICLE IV. 
 
 INSOLY KNT J tKJ:'rOH.S. 
 
 Section 1. IIow discharged. 
 
 Section 2. Prison bounds. 
 
 Section 3. Property exempt IVoui .sale. 
 
 SECTION 1. 
 
 HOW 1)IS(.'hak(;k]i. 
 
 Debtor ar- 
 rested may 
 be dis- 
 charged. 
 
 By pivinp 
 bond, &c. 
 
 Failure to 
 appear :it 
 court . 
 
 Section. 
 
 1995. Leblor.s an-estod. Ac. 
 
 1996. By frivinjr bond. kc. 
 
 1997. Xotice to creditors. 
 
 1998. Schedule. 
 
 1999. Objections. 
 
 2000. Trial of issue. 
 
 iiKcnos. 
 
 '.'1101. Verdict for objector. 
 
 2002. Oatli to be taken. 
 
 2003. Effect of discharge. 
 
 2004. Perjury. 
 
 200r>. Delivery of property. 
 
 200G. Disposition of property. 
 
 Surrender 
 by sureties. 
 
 §19'J5. Any debtor iinalile to pay his dclits in t'ull. ^\lleIleve^ 
 arrested on any process against his pei'son, either mesne or final, 
 may be relieved from imprisonment and future arrest for the 
 same debts upon complying -witli the provisions of this section. 
 
 §1096. lie shall tender to tlie c»thcer arresting him, a bond 
 with good security, i)ayable to the ]>laintiif in the process, and in 
 double the amount of the debt, conditioned for his appearance at 
 the next term after the exi)iration of twenty days of the court, 
 whence the process issued (unless the same l»e a Justices' Court, 
 and in such case to the Inferior Court) then and there to stand to 
 and abide l)v such ])roceedings as may l)e had relative to his 
 apjdication to take the oatli prescribed. If at such term he fails 
 to appear, and no suthcient excuse, to be judged of by the court, 
 be rendered for his absence, an order shall be taken recjuiring the 
 party and his sureties to show cause at the next term M'hy judg- 
 ment should not be entered on said bond for the amount of the 
 plantiff's demand; and if no sufficient cause be shown judgment 
 shall be so entered. The sureties shall not have the right to 
 surrender their principal after the first term, unless they satisfy 
 the court that they exercised strict diligence am] failed to secure 
 his attendance at that term, and to this end they slutll have all 
 the pc»\vcr given by laM* to special bail. 
 
tT. ii.— TIT. a.— CHAP. 2.— AltT. 4.— Ojhkk Relations. 395 
 
 Section 1. — ^How Discharged. 
 
 ^1997. The insolvent debtor shall ffive at least ten days' no- Notice t<. 
 
 " '-^ '' creditors. 
 
 tice of his intended application to the arresting creditor, and may 
 give the same notice to any other of his creditors, and tlie order 
 of discharge sliall set forth the names of all the notified creditors. 
 A notice to an attorney of record shall lie held sufficient notice 
 to his client, and service on one of a firm shall be sufficient. If 
 creditors reside out of the State, and tlieir claims are not in suit, xon-resi- 
 notice by publication, once a week tor two months, shall be held 
 sufficient to them. 
 
 §1908. Every applicant, at least ten days before the session schedule, 
 of the court, shall file a schedule of all his real and personal 
 estate, money, debts, credits and eflPects in possession, or in ac- 
 tion, or to be enjoyed in future, whetlier the same be legal or 
 equitable. 
 
 § 1999. Every creditor of such applicant may appear and tile objections, 
 objections to the granting a discharge of the applicant on either 
 of tbe following grounds : 
 
 1. A Millful failure to include in tlie schedule property which 
 should be thus included ; the creditor specifying the property. 
 
 2. Any fraudulent attempt by tlie ni»])licant to defeat tlie en- 
 forcement of the rights of creditors. 
 
 .1. The loss by the applicant, at any species of gaming or lot- 
 tery, within twelve months before his application, at any one 
 time, the sum of one hundred dollars, or at different times the 
 {irrorresrate sum of three hundred dollars. 
 
 §2000. The objections filed shall constitute the issue, and shall Trial of 
 be submitted to a jury as other causes, upon the trial of which 
 the applicant may be sworn as a witness at the instance of the 
 oi)jector: and if he refuses to answer any pertinent and legal 
 questions, after notice from the court, his application shall be 
 refused. 
 
 § 2001. \i' the jury find a verdict sustaining the objection filed, verdict for 
 the court shall order the applicant into the custody of the SherifiF, ° ^^'^ °'^' 
 to be safely kept as provided by law, until the debt of the ar- 
 resting creditor is satisfied, unless the jury further find that the 
 omission was not fraudulent ; in which last case, upon the de- 
 livery of the property, the defendant shall be allowed to take 
 the oath. 
 
 §2002. If no objections are filed, or if filed the verdict is inoathtoba 
 favor of the applicant, the court shall cause the following oath 
 
396 PT. 2.— TIT. 3.— CHAP. 2.— AET. 4.— Other Pwelations. ' 
 
 Section 1. — How Discharged. 
 
 to be entered on tlie minutes, and sworn to and subscribed Ijy 
 the applicant, viz : 
 
 " I, A. B., do solemnly swear (or affirm, as the case may be,) 
 in the presence of Almighty God, that I am not possessed of any 
 estate, real or personal, money, debts, credits or effects, legal or 
 equitable, (such property as is exempt by law from levy and sale 
 alone excepted,) other than is contained in the schedule filed by 
 me, and that I have not, directly or indirectly, since my arrest 
 or before, sold, leased, assigned or otherwise disposed of or made 
 over, in trust for myself, or others appointed by me, any part of 
 my lands, estate, goods, stock, nione}', debts or credits, whereby 
 I have or expect any benefit or profit to myself, my wife or my 
 heirs. So help me God." 
 Effector §2003. After taking the oath, the debtor is discharged from 
 
 ist arpc. j^j.j.gg^ ^^ ^j^y ^[yjr^Q at the instance of either of the notified credi- 
 toi*s, and such arrest shall be false imprisonment; but his pro- 
 perty remains subject to lev}^ and sale for the satisfaction of their 
 debts. 
 Perjury. § 2004. Willful and fraudulent false swearing in taking the 
 
 oath shall be perjury. 
 Delivery of §2005. Before taking the oath the debtor shall deliver into the 
 property. i-QHYt ;ill liis title papers to lands returned in the schedule, within 
 his control ; and also all notes, bonds, contracts, accounts, books 
 or other evidences of debts mentioned in the schedule, and shall 
 deliver to the Sherift' all personal property mentioned therein. 
 In another If the dcbtor be arrested in a county difterent from that whence 
 coun y. ^1^^ process issucd, he may deliver any personal property returned 
 in his schedule to the Sherifi' of the county of his residence, who 
 shall hold it subject to the order of the court l)efore whom the 
 application is to be made. 
 Disposition § ^^'OO. The court may make such order for the sale, or other 
 of property, disposition of the property, or collection of the debts returned in 
 the schedule, as in its judgment is most beneficial to the credi- 
 tors, and to this end shall have all necessary power to enforce a 
 faithful discharge of duty by those to whom such assets shall be 
 entrusted. 
 
FT. 2.— TIT. 3.— CHAP. 2.— ART. 4.— Other Relations. 397 
 
 Section 2. — Prison Bounds. 
 
 SECTION II. 
 
 PRISON BOUNDS. 
 
 Sectiox. 
 
 2007. Laid ofl". 
 
 2008. Plan of bounds. 
 
 2009. How to get benefit of. 
 
 ISectiox. 
 
 2010. For six month.':. 
 
 2011. Sheriff — when surety. 
 I 2012. .Tailor's fees. 
 
 §2007. The Slieriff of every countv, under tlie direction ofLai.ioff. 
 tlie Inferior Court, sliuU cause to be surveyed and laid off around 
 every jail, in such shape as may he most convenient, one hun- 
 dred acres of land, the houndaries of which shall he the limits of 
 the prison hounds, which limits may he re-surveyed and changed 
 by the Inferior Court at any time within their discretion. 
 
 §2008. A plan of such hounds shall he returned to the Clerks p,^n „f 
 of each, the Superior and Inferior Courts of the county, and en-^""""^"' 
 tered by them upon their minutes as a part of the record. 
 
 §2009. Any ]>erson arrested and committed to jail for debt, How to pet 
 may have the free use and enjoyment of his liberty within the''''"^"*"'" 
 limits of such j^rison bounds, l)y tendering to the Sheriff a bond 
 with good security, payable to the plaintiff in the process, in 
 double the amount of the debt for which he is arrested, condi- 
 tioned that he will not pass over or leave the boundaries thus 
 laid off at any time without being legally discharged. Upon a 
 violation of this condition, the creditor may commence an action 
 upon such bond instantly. 
 
 §2010. The privilege of prison bounds shall l>e extended to a For six 
 debtor imprisoned for the term of six months, and no longer, upon "*'" 
 the same arrest. 
 
 §2011. If the Sheriff takes insufficient security, he shall be sheriff- 
 held and bound as surety himself. ' whcnsure- 
 
 §2012. If the jailor diets the prisoner when within prison jaiior's fees, 
 bounds, he must look to him alone for his fees. 
 
398 PT. 2.— TIT. ;).— CHAP. 2.— ART. 4.— Othkk Relation.s. 
 
 Section 3. — Property Exempt from Sale. 
 
 SECTIOIs' III. 
 
 PROPERTY EXEMPT EROM HALE. 
 
 Section. 
 2013. Property exempt from sale. 
 2011. Schedule — wife's privileges. 
 
 Skctiox. 
 
 2018. Sale subject to encumbranc 
 
 2019. Trespass by officer. 
 
 2015. Land — how laid ofl". j 2020. Alienation and encumbrances. 
 
 201G. Objections — how tried. 2021. Settled on wife and cliildron. 
 
 2017. Town property. 
 
 Property ex- §2<>lt). The followiiig property ut" every debtor, who is the 
 
 »aie. liead of a family, shall be exempt from levy and sale by virtue ol' 
 
 any ]>rocess whatever, under the laws of this State ; nor shall 
 
 any valid lien be created thereon, except in the manner herein- 
 
 /•»«> (/~C(y^' after pointed out, but shall remain for the use and benefit of the 
 
 i^ ffl^^ V. Vamily of the debtor : 
 
 1 . Fifty acres of land, and ii\e additional acres for each of hi.s 
 or lier children under the age of sixteen years. This land shall 
 include the dwelling-house, if the value <>f such house and im- 
 provements does not exceed the sum of two hundred dollars; 
 Provided, that none of the above land be within the limits of a 
 city, toM-n, or village, and does not include any cotton or wool 
 factory, saw or grist mill, or any other luachinery propelled by 
 water or steam, the value of which exceeds the sum of two hun- 
 dred dollars ; And provided, also, that Bueh land shall not de- 
 rive its chief value from other cause than its adaptation to agri- 
 cultural purposes; or, in lieu of the above land, real estate in a 
 city, town, or village, not exceeding live hundred dollars in value. 
 
 2. One farm-horse or mule. 
 
 3. One cow and calf. 
 
 4. Ten head of hogs and iifty dollars worth of provisions, and 
 iive dollars worth additional for each child. 
 
 5. Beds, bedding, and common bedsteads suflScient for the 
 family. 
 
 G. One loom, one spinning-wheel, and two pair of cards, and 
 one hundred pounds of lint cotton. 
 
 7. Common tools of trade of himself and his wife. 
 
 8. Equipment and ^rms of a militia soldier, and troopers 
 horse. 
 
 9. Ordinary cooking utensils and table crockery. 
 
 10. "Wearing apparel of himself and family. 
 
 11. Family Bible, religious works, and school books. 
 
PT. 2.— TIT. 3.— CliAF. 2.— ART. 4.— Other Relations. 3^9 
 SecUoD :',. — Property Exempt from Sale. 
 
 12. Family jiortraits. 
 
 18. Tlic library (»f m ]»r()fe8sional iiiaTi. in ar-tual ])ractiee or 
 businefts, not exfeediuir three lnnidre<l 'lolljnv in value, and to be 
 fielected by liinisell". 
 
 §2014. Every del>t<»r ,->eekin_<; the benefit of the aet, or if lie scbedui*— 
 refuses, liib wife, or any person aetinir as her next friend, shall iTg^.* ^ ^ 
 make ont a schedule and deseriptirm of the jtroperty claimed hy 
 him to be exemj)t under this law. and return the same to the 
 Clerk of the Inferior Court, who shall rec(»rd the same in a book 
 to be kept by him for that purpose. 
 
 §2015. Upon application by an insolvent debtor.it shall be i.nn<i—b'.vr 
 the duty of the County Surveyor, or any other surveyor, if there " 
 be no County Surveyor, to lay ofi" the land allowed to his family 
 under this law, and to make a ])lat of the >-ame. which ]»lat shall 
 be returned to the Clerk of the Inferior Court, and recorded as 
 before jirovided for schedules returned. 
 
 §2010. Should any creditor, for any cause, desire to dis]tute objections— 
 the propriety of the survey, or the value of the improvements, 
 upon application to the Inferior Court, and notice to the debtor, 
 the said court may appoint three appraisers to view the survey, 
 and to value the im])rovements, and on their return the said court 
 may direct the surveyor to make such alterations as shall, in the 
 judgment of the court, l)e conformable to la^\. 
 
 §2017. If the debtor owns town ytroperty. exceediuL^ in value .j-,„^n prop- 
 tlie sum of live hundred dollars, and it cannot be so divided as''"'-^'* 
 to give to his family that amount, he may give m»tice to the offi- 
 cer levying tlu'reon, and Avhen the jtroceeds of the sale are to be 
 distributed the court shall order live hundred dollars of the same rive hun- 
 to be invested, by some proper person, in a home for the family orpr^cecds. 
 of the debtor, which shall be exempt, as if laid off under this law. 
 
 § 2018. If, from any cause, the land exempt has not Ijeen laid ,,„,,. guMect 
 off when the remainder is offered for sale, notice being given of f,"j|U)fJ^"" 
 the fact, the purchaser will buy subject to this encumbrance. 
 
 § 2019. Any officer knowingly levying on or selling any prop- Trespass by 
 erty of a debtor exempt under this law, a schedule of which has "*^'"*''"' 
 been returned, as required, is guilty of a trespass, and suit may 
 be brought therefor, in the name of the wife or family c»f the 
 debtor, and the recovery shall be for their exclusive use. 
 
 § 2020. The debtor shall have no power to alienate or encum- Alienation 
 ber the property exempt under this law; but the same may bebrances"'"' 
 sold by the debtor and his wife, if any, jointly, with the consent 
 
400 PT. 2.— TIT. 3.— CHAP. 2.— AET. 4.— Other Relations. 
 
 Section 3. — Property Exempt from Sale. 
 
 of the Inferior Court of the county, the proceeds to go to the use 
 V. <. t of the debtor's family. 
 
 f ^, Settled on ' §2021. The property exempt under this law shall be for the 
 >-> ^ qiiiijiren. usc of the wifo duriug her life, and at her death be equally di- 
 ""*~ Sy^ided between her children under the age of sixteen years. — 
 
 S 
 
 i 
 
 ARTICLE V. 
 
 INTEREST AXD USURY. 
 
 Section'. 
 
 2022. Lawful interest. 
 
 2023. Usury. 
 
 2024. Effect of usury. 
 
 2025. Back interest. 
 
 2026. Ze.c loci. 
 
 Sectiox. 
 
 2027. Interest on judgment. 
 
 2028. Payment — liow applied to interest. 
 2020. Interest on liquidated demands. 
 20,'')U. On merchants' accounts. 
 
 Lawful in- §2022. Lawful interest in this State shall be at the rate of 
 
 terc'St. , 
 
 seven per cent, per annum, 
 
 Hsury. § 2023. Usury is the reserving and taking, or contracting to re- 
 
 serve and take, either directly or by indirection, a greater sum for 
 the use of money than the la^^•iul interest. 
 
 Ettect of § 2024. The eifect of usury is to annul and make void the con- 
 
 "*"'•■ tract for tlie usury ; the lender having the right to recover the 
 principal sum loaned, with legal interest. All titles to property, 
 made as a part of an usurious contract, or to evade the laws 
 against usury, are void. 
 
 Baek inter- §2025. Interest from date, when stipulated, if the debt is not 
 punctually paid at maturity, may be recovered ; Prov'uhd^ in- 
 terest has not already been included in the principal amount. 
 
 Lex loci. §202«>. Every contract l)ears interest according to the law of 
 
 the place of the contract, at tlie time of the contract, unless upon 
 
 ^. its face it is apparent that the intention of the parties referred 
 
 the execution of the contract to another forum, in this case the 
 
 law of the forum shall govern. 
 
 Interest on s 2027. All iudgmeuts in this State bear lawful interest upon 
 
 judgment. , . . , , 
 
 the principal amount recovered. 
 Payment— § 2028. When a payment is made upon any debt, it shall be 
 to interest, applied hi'st to the discharge of any interest due at the time, and 
 the balance, if any, to the reduction of the principal. If the pay- 
 ment does not extinguish the interest then due, no interest shall 
 be calculated on such balance of interest, but only on the princi- 
 pal amount up to the time of the next payment. 
 
PT. 2.— TIT. Ji.— CHAP. 2.— Other Relations. 401 
 
 Article 6. — Inteie.sl and Usurv. 
 
 S2029. All liquidated demands, where bv asreemeiit or other- in west on 
 
 , . *, ' . , , liquidated 
 
 wise the suni to Ite ]>!iid is hxed or certain, bear interest Iroin the -'"nand". 
 time the party is lial)k' and bound to ]»ay them ; if payable on 
 demand, from the time of the demand. In ease of promissory 
 notes payal)le on demand, the law ]>r<>.nni('> :i dciuaiKl instantly, 
 and gives interest from date. 
 
 ^2080. All accounts of merchants, tra<le^nR'll and mechanics, on mer- 
 
 *• 1 1 • 1 • chants «c- 
 
 which by custom become due at the end of the y<nir. bear interest eounts. 
 from that time u)K)n the amount actually duo whenever ascer- 
 taiiKHl. 
 
 CHAPTER III. 
 
 OF BAILMKXT.S. 
 
 Aktk;i.k I. (TrtMicral j>rinciples. 
 
 Artulk 2. Of carriers and herein of \i. \i.. iV:c. 
 
 Akticlk 3. Of hiring. 
 
 Aktk Lie 4. Of deposits. 
 
 Articlk 5. Of loans. 
 
 Aktk'lk ♦!. Of pledges or pawns. 
 
 ARTICLE 1. 
 
 GENERAL PRINCIPLES. 
 
 Section. ISectio.v. 
 
 •2031. Dcliiiitioii. i 2035. Kxtraordiiiary. 
 
 2032. Property ill bailee. 1 2036. Gross nep:lect. 
 
 2033. Care anddilifrcnee. \ 2037. Burden of proof. 
 
 2034. Ordinary. 
 
 §2031. A bailment is a delivery of goods or j)roperty for the Deflnition. 
 execution of a special object, beneiicial either to the bailor or 
 bailee, or Ijoth : and upon a contract, express or implied, to carry 
 out this ol)ject and dispose of the property in conformity witli 
 the purpose of the trust. 
 
 §2032. In all cases the bailee, during the bailment, has a right P'-."P'->ty «" 
 to the possession of the property, and in most cases a special 
 right of property in the thing bailed. For a violation of these 
 rights by any one he is entitled to his action. 
 
 §2033. All bailees are required to exercise care and diligence Cire ami 
 in protecting and keeping safelv the thing bailed. Different ^g. '*'"^^'"=*- 
 26 
 
402 
 
 PT. 2.— TIT. 
 
 -CHAP. 
 
 -Othek Relations. 
 
 Article 1. — General Principles. 
 
 grees of diligence are required according to the nature of the 
 bailments. 
 
 § 2034. Ordinary diligence^ is that care which every prudent 
 man takes of his own property of a similar nature. The absence 
 of such diligence is termed ordinary neglect. 
 
 § 2035. Extraordinary diligence., is that extreme care and cau- 
 tion which very prudent and thouglitful persons use in securing 
 and preserving their own property. The absence of such dili- 
 gence is termed slight neglect. 
 
 §2036. Gross neglect^ is the want of that care which every 
 man of common sense, how inattentive soever he may be, takes 
 of his own property. 
 
 § 2037. In all cases of bailments after proof of loss, the l)urden 
 of proof is on the bailee to show proper diligence. 
 
 Ordinary. 
 
 Extraordi- 
 nary. 
 
 Gross neg- 
 lect. 
 
 Burden of 
 proof. 
 
 AETICLE II. 
 
 Definition. 
 
 Common 
 carrier. 
 
 Liability. 
 
 Carrier of 
 passengers. 
 
 OF CARRIERS AND HEREIN OF THE LIABILITIES OF RAILROAD AND 
 STEAMBOAT COMPANIES. 
 I Section. 
 2047. When it exists. 
 
 Section*. 
 
 2038. Definition. 
 
 2039. Common carriers. 
 
 2040. Carrier of passengers. 
 
 2041. Eflect of notice to limit. 
 
 2042. Duty as to reception of goods, 
 
 2043. Time of responsibility. 
 
 2044. For baggage. 
 
 2045. For delay. 
 
 2048. Estoppel on carrier. 
 204D. Lien. 
 
 2050. On baggage. 
 
 2051. Fraud on carrier. 
 
 2052. Limit as to value of baggage. 
 
 2053. What passengers may be refused. 
 
 2054. Liability of R. R. Go's, as carriers. 
 
 2055. When there are several. 
 
 2046. Stopping in transitu. 
 
 § 2038. Any person undertaking to transport goods to another 
 place for a compensation, is a carrier, and as such is bound to 
 ordinary diligence. 
 
 § 2039. One who pursues the business constantly or continu- 
 ously for any period of time, or any distance of transportation, 
 is a common carrier, and as such, is bound to use extraordinary 
 diligence. In cases of loss the presumption of law is against 
 him, and no excuse avails him unless it was occasioned by the 
 act of God or the public enemies of the State. 
 
 § 2040. A carrier of passengers is bound also to extraordinary 
 diligence on behalf of himself and his agents to protect the lives 
 and persons of his passengers. But he is not liable for injuries 
 to the person, though he be a slave (if such slave is rightfully 
 received by the carrier,) after having used such diligence. 
 
PT^^TIT. 8._CHAP. 3.-OTHER Relations. 
 
 403 
 
 Article 2.— Of Carriers, &c. 
 
 §2041. A common carrier cannot limit his ]e.c.al liability by Effector no- 
 any notice given, either ])y publication or by entry on receipts "'''"'""''• 
 given or tickets sold. He may make an express contract and 
 M'lll then be governed thereby. 
 
 §2042. A common carrier, holding himself out to the public ontv a, to 
 as sucli IS bound to receive all goods and passengers offered, thatroottr^ 
 he IS able and accustomed to carry, upon compliance with such 
 reasonable regulations as he may adopt for his own safety and 
 the benefit of the public. 
 
 §2043. The responsibility of the carrier commences witli the 
 delivery of the goods, either to himself or his accent or at the '^"-'^"'''*"- 
 place where he is accustomed or agrees to receive' them It 
 ceases with their delivery at destination according to the direc 
 ti^on^of the person sending, or according to the custom of the 
 
 §2044. Tlie carrier of passengers is responsible onlv for ba-r-, , 
 gage placed in his custody, yet a passenger cannot relie;e himself ^^"''• 
 rom liability tor freight by assuming to take care of his own 
 baggage. 
 
 §2045. The common carrier is bound not only for the safe For.., 
 transportation and delivery of goods, but also tllat^he lame be 
 done without unreasonable delay. 
 
 §204(5. A stopp<u,c in tranitu by the vendor or <-onsi<r„or .,„„ . 
 reheves the carrier from his obligation ,o .leliver, nor !fll"='" 
 thenceforward responsible for more than ordinary diligence in 
 the care of the goods. • "r.^"'^'' '" 
 
 § 2047. The right of ,U,j,j,a<,e in transit,,, exists whenever the 
 vendor m a sale on credit seeks to resume the possession of'oo S 
 while they are .n the hands of a carrier or middle man, in "the 
 transit to the vendee or consignee, on bis beaming insolvent 
 U jmmues until the vendee obtains actual possession of the 
 
 §2048. The carrier cannot dispute the title of the person de . 
 hvering the good.s to him by setting up adve,.e title i Wmsetf ^S" 
 or =. title m third persons, which is not being enforced aS 
 
 § 2049 The carrier has a lien on tie goods for the freic^ht and 
 niay retain possession until it is paid, unless this right -.riied 
 by special contract or actual delivery. This lieit existsTnl 
 
 I^"n He":"'' '" """""" '"^' '"^ ^""'-' - t« ^- 
 tation. He can recover pro mta for the actual distance trLs- 
 
 ipn it ex- 
 ists. 
 
404 
 
 On baggajrc 
 
 Fraud on 
 carrier. 
 
 Limit an t» 
 value of bii vi- 
 sage. 
 
 What pas- 
 sengers may 
 l>« rofuRt'd. 
 
 Lisbllltv of 
 Ilailroad 
 Companlos 
 »fi cnrrioi k 
 
 When thin 
 are several. 
 
 PT. 2.— TIT. ;;.— CHAP, a.— Othek Kelation's. 
 
 Article 2.— Of Carriers, kc. 
 
 ported wlien tire consignee volnnturily receives tjie goods ut an 
 intermediate ])oiiit. 
 
 §2050. Tlie carrier of passengers has a lien ou the baggage, 
 not only for its freight Init for the passenger's fare. 
 
 §2<.»51. The carrier may require the nature and value of the 
 goods delivered to him to he made known, and any fraudulent 
 acts, sayings or concealment l)y his customers will release him 
 from liability. 
 
 ^^2052. A carrier of ])assengers may limit the value of the 
 haiTiXaire to be taken for the fare i»aid; in case of loss, however, 
 and tlittugh no extra freight has ]»een demanded or paid, the 
 carrier is respoiisil)le for the vtdue <>f the l)agijagc lost ; Promdsd^ 
 the same be only such articles as a traveler for business or jdea- 
 sure would carry for his or her own use. 
 
 ^ 205;->. (Carriers of passengers may refuse to admit, or may 
 eject from their conveyances all persons retusing to comply with 
 reasonable regulations, or guilty of imi»roper conduct, or of bad, 
 dissolute, doubtful or suspicious characters ; so they may refuse 
 to convev persons seeking to interfere with their own business or 
 interest. 
 
 §2054, llailroad companies arc CA»iiimoii carriers, and liable as 
 such. .Vs su(di companies necessarily have many employees who 
 cannot possibly control those who sh<»uld exercise care and dili- 
 eence in the runnino- of trains, such comi)anies shall be liable to 
 such employees as to pas^engcis for injuries arising from the 
 want of such care and diligence. If such em]»loyees are slaves 
 the company is liable to the master. 
 
 § 2055. When there are several connecting railroads under 
 dilferent companies, and the goods are intended to be transported 
 over more than one railroad, each company shall be responsible 
 only to its own terminus and until delivery to the connecting 
 road; the last company which liRB received the goods as "in 
 good order'' shall be respon>iblc tt* the consignee for any dam- 
 age, open or concealed, done to the goods, and such companies 
 shall settle among themselves the <juestion of ultinuite liability. 
 
 «f -*>^*;«^. »-»'■ ^» i* ■*'■•'" 
 
PT. 2.— TIT. ;j.— CHAP. ;>.— OiHfcK IIelations. 
 
 Article 3. — Of Hiring. 
 
 405 
 
 ARTICLE TIT. 
 
 (»K HIRTN*;. 
 
 Section. 
 
 2056. CnntrHOt of hiring;. 
 
 2057. Titlf of liircT. 
 
 2058. iJuty as to delivery. 
 
 2059. Obligations of the Ixiil-.r. 
 
 2060. Enpagement of hirer. 
 
 2061. Kfteft of violation. 
 
 2062. For torts — who may Hue. 
 206H. Eflect of los.s or destruction. 
 
 2064. Hiring of slaves. 
 
 2065. If ho runs a^^•ay. 
 
 2066. Tf he is siek. 
 206". If he dies. 
 
 2068. Netrleet in (•,'<so of sickness. 
 
 Skction. 
 
 2069. Power and duty of hirer. 
 
 2070. LiaViility for other employee<<. 
 
 2071. Otherwise. 
 
 2072. Removal out of the State. 
 207n. Rc-letliiip-. 
 
 2074. Levy and sale of thine hired. 
 
 2075. Hire of labor, ifcc, 
 
 2076. Rule of duty. 
 
 2077. Title to thinp, &r. 
 207 S. Labor on shares. 
 2079. Possession. 
 
 20*<0. Loss or destruetion. 
 
 2081. (Jenerallv an entire contracl. 
 
 5j2(>r><I. Hiriiii; is a contrjict bv wliicli <»jie person ffrants tOcontraetof 
 anotlier either tlie enjoyment ul" a tliii)Lr or tlie use of tlie labor '""^ 
 and indnstrv, cither of himself or hi.s slave, dnrin<y a certain time, 
 for }i stijnilatcd compensation, (tr where one contracts for the 
 labor or services of another about a thinir btiiled to him f(r»r a 
 specified ])urpose. 
 
 §2(>r»T. The hirer of things acquires a qualified ownership of Title of 
 them for the time, -vvhich entitles him t»> all their increase and to^'*^**^ 
 the possession and enjoyment of tliem, duriui: tlie jieriod of 
 bailment, against even the owner himself. 
 
 ^20r)8. The contract mav be for the return <)f the thinj; or of,, . 
 
 "^ • _ f^ Dnty as to 
 
 like property of the same kind and quality. In "the former case *'^"''*'7' 
 the risk of death or inevitable accident is with the bailor, and he 
 can re-take possession immediately at the expiration of the time 
 of hiring. In the latter case the risk is with the bailee, and he 
 7mist deliver the thing hired before the bailor's interest is re- 
 vested. 
 
 §2059. The obligations of the bailor of things are to do no act owigations 
 to deprive the hirer of the use and enjoyment of the chattel "^*^*'^'^'*""' 
 during the period of the bailment ; to keep the thing in suitable 
 order and re])air for the purposes of the bailment : and to war- 
 rant the right of possession, and that the thing bailed is free from 
 any secret fault rendering it unfitted for the purpose for which it 
 is hired. ^ 
 
 §20e)0. The engagements of the liirer of things are to put the Kngagement 
 thing to no other use than that for which it is hired ; to take or-"^ ""■• 
 
406 FT. 2.— TIT. 3.— CHAP. 3.— Othek Relations. 
 
 Article 3.— Of Hiring-. 
 
 dinaiy care in its use ; to re-deliver at the expiration of the bail- 
 ment ; and to comply generally with the terms of the hiring. If 
 the bailor sends his own agents with the thing bailed, as a driver 
 for his horse, then the hirer is bonnd either to the bailor or to 
 third persons, only for the consequences of his own directions and 
 for gross neglect. 
 Eflfectof §2061. For a violation of the engagements of either party, the 
 
 other may abandon the contract; and in case the hirer puts the 
 thing to a different use, the bailor may sue as for a conversion, 
 even though the hirer be an infant. 
 For torts- §2062. For an interference witli the possession, tlie right of 
 sue. " action is in the hirer ; for any injury to the property, or any in- 
 terference w^ith his rights of property, the bailor also has his right 
 of action. 
 Effectofioss §2063. The loss or destruction of the thing hired, without 
 "ionf^^"*^ fault on the part of the hirer, puts an end to the bailment, and 
 
 the hirer should pay only for tlie time it was enjoyed. 
 Hiring of §2064. In a contract for the hire of slaves, the hirer acquires 
 no title or property in the slave, but only the right to the use 
 and enjoyment of the labor, skill and industry of the slave for 
 the time of the bailment. Hence the increase of the slave be- 
 longs to the master, and he is responsible for physician's bills, 
 unless the necessity for medical treatment arose from the fault or 
 neglect of the hirer. 
 If he runs §2065. If a slave ruus awav from the hirer, he must pay the 
 *^-^' hire in full, unless such was a habit of the slave and not commu- 
 nicated to the hirer at the time of the contract. If he is not in 
 default, the fact that the slave is runaway releases him from the 
 obligation to re-deliver at the expiration of the term. 
 If he is sick §2066. If a slave loses time from sickness, the hirer is entitled 
 to no abatement of the hire, unless the disease be one to which 
 the slave was previously subject, and the fact not communicated 
 „. to the liirer. 
 
 ifhedies. §2067, If a slave dies duHug the time for which he is hired, 
 and from no fault or neglect of the hirer — the onus to prove 
 which is on the hirer — he is bound only for hire to the time of 
 his death. 
 Neglect in §2068. To fail to Call for medical treatment, when accessible 
 case of sick- ^^^^ needed, will be held gross neglect by the hirer ; and for this 
 purpose the hirer is agent for the owner so far as to bind him for 
 such medical attendance. In all such cases it is the dutv of the 
 
 ness. 
 
FT. 2.— TIT. 3.— CHAP. 3.— Other Relations. 407 
 
 Article 3.— Of Hiring. 
 
 hirer to communicate to the owner the condition of the slave, 
 and the fact of medical treatment beincr required, and to follow 
 strictly his instructions in regard thereto. A failure to do this, 
 when practicable, Avill entitle the master tc» recover the physi- 
 cian's bill from the hirer. 
 
 § 2069. The hirer of a slave has tlie ri<:ht, and is bound to con- Power and 
 trol him as a master during the time for which he is hired. He hirer, 
 is bound to provide him with necessary food, clothing and lodg- 
 ing; to require only ordinaiy labor from him; and neither by 
 himself nor his agents unnecessarily to expose or cruelly to treat 
 him ; and such hirer is liable to the master for all injuries to the 
 slave arising either from the neglect or willful misconduct of his 
 agents to the slave while under the control of such agents. 
 
 § 207<>. The hirer of a slave is liable in damages to the master Liability for 
 for any injury to the slave arising from the negligence or unskill- pioyees. 
 fulness of other employees of the hirer engaged in the same ser- 
 vice. 
 
 §2071. In other respects the obligations and engagements of otherwise, 
 the bailor and hirer of slaves, are the same with the bailor and 
 hirer of things before specified. 
 
 S2072. jS^o hirer of things has a riijht to remove such things Kemovai 
 
 1 1 1 • • 1- • i> 1 • o , « , outofthe 
 
 beyond the jurisdiction ot this btate, except by consent of the state, &c.. 
 bailor, nor to remove a slave to another portion of this State, 
 when such removal might endanger the health of the slave, nor 
 to put the thing hired to any hazardous use, unless specially con- 
 tracted for. 
 
 S 2073. No hirer of a thing has the rifflit to re-let or hire the Ke-ietting. 
 thing bailed to anotlier. except with the consent, express or im- 
 plied, of the bailor. In such case the bailor may either take im- 
 mediate possession of tlie thing bailed, or he may waive this right 
 and hold the hirer bound to extraordinary care and diligence on 
 the part of himself and tlie hirer from him. 
 
 §2074. A thing liired is not subject to sale under judgment Levy on 
 obtained subsequent to the contract of hire against the owner, '^'°° 
 but may be levied on and a bond for its forthcoming at the expi- 
 ration of the time for which it is hired, may be demanded of the 
 person hiring ; Provided, the time of hiring does not exceed one 
 year. 
 
 §2075, The hire of labor or services is the essence of every Hire of 
 bailment in which goods are delivered to another, and coinpen- '"''"""' ''''*'■ 
 sation paid for care, attention or labctr bestowed upon them. It 
 
408 
 
 PT. 2.— TIT. 3.— CHAP. 3.— Other Relations. 
 
 Article 3. — Of Hirin'?. 
 
 Rule of duty 
 
 Title to 
 thing on 
 which labor 
 is bestowcfl, 
 
 includes the contracts of forwarding and commission merchants, 
 factors, wliartingers, mechanics, and all agents in such transac- 
 tions. 
 
 § 2076, In ail such cases the bailee is not only bound to exer- 
 cise skill in tlie labor and worlc bestowed, but it is a part of the 
 contract tliat he shall exercise ordinary care and diligence in 
 keeping and protecting the articles entrusted to him. 
 
 § 2077. In such cases, if the identical article, tlK»ngli materially 
 changed by the labor bestowed is to be returned, the title remains 
 in the bailor. If the bailee furnishes a portion of the materials, 
 the title to the entire structure is in the pai'ty fui-nishing the 
 larger portion of the materials. If the bailor furnishes materials 
 — such as silver for plate — but the contract does not contemplate 
 the use of that material specially — then the title is in the bailee, 
 to the article made nntil it is delivered. 
 
 § 2078. If materials are tarnished to be manufact ui"ed on shares, 
 the title remains in the bailor nntil the delivery to hiui of Ids 
 }iortion of the manufactured goods. 
 
 §2079. The bailee, for hire of labor and services, is entitled to 
 the possession of the thing bailed, pending the bailment. He 
 has also a special lien upon the same f(r»r liis labor and services, 
 nntil he parts with possession ; and if he delivers up a part, the 
 lien attaches to the remainder in his ])ossession for the entire 
 claim under the same contract. 
 
 § 2080. If the thing bailed for labor and services be destroyed 
 without fault on the part of the bailee, the loss falls upon the 
 bailor, and the bailee may demand compensation f(»r the labor 
 expended and materials used upon it. 
 
 §2081. As a general rule, the contract of bailment is an entire 
 contract, and a full perfornumce is a condition precedent to an 
 action upon it. 
 
 Labor on 
 shares. 
 
 Possession. 
 
 Lion. 
 
 Loss or dc 
 Btmctlon. 
 
 Generally 
 ftn entire 
 eontract. 
 
FT. 2^TIT. 0.— CHAP. ;;.— Othek IIei.ations. 409 
 
 Article 4. — Of Deposits. 
 
 ARTICLE TV. 
 
 OF HKPOSITS. 
 
 •Sectiox. 
 
 2082. Definitioii. 
 
 2083. Voluntnrr or invoIiiiit;ir' 
 
 2084. Bank of (lepo.«iit. 
 .2085. Carryiuf^ (]ei)osit. 
 208C. Kc-dclivcry. 
 
 2087. Using deposits. 
 
 2088. Ro-imbiirsen)pntH. 
 •2089. Deposit for liin.-. 
 -^090. Factor's lion. 
 2091 . AVarchoiisonieii. 
 '209-2. ^VlinrMiifT-c.r. 
 
 Skctiox. 
 
 2003. Inn. 
 ', 2094. Liability of inn-kcop.^r. 
 
 209ri. Guests. 
 I 2096. Liability of inn-keeper fffp ^fXHls. 
 
 2097. Proof. 
 
 2098. Deposit of valuables. 
 
 2099. Presumption of law. 
 
 2100. Duty of inn-kce|)er. 
 
 2101. His lien. 
 
 2102. K.-e|.er <.f li\crv .vfubl.-. 
 
 g2tl82. AVIkmi cljnttels are delivcivd l.y cue pei-sci. to another Definition 
 •to keep for the use of the ])ai]or, it is called a deposit; t]i(> deposi- 
 tary may undertake to keep it without reward, or trratuitously, it 
 as then a naked deposit; if he receives (.re.xpects a reward or hire, 
 he IS tlien a depositary for liire: very variant conseciuenees fol- 
 low the diii'erence in the contract. 
 
 § 2083. A person may voluntarilv undertake to he a dei^sitarv, Voiuntarv 
 K^r he may heeome so involuntarily, as l.y findin-; if a naked de- tJry" '"'""- 
 ^lositary, he is responsible only for cross ne,ffligence. Liability. 
 
 §2084. Deposits of money in a bank do not constitute a case Bank dep<« 
 ot naked deposit, the use of the ni..ney bein- a valuable eonside-"" 
 ration. A special deposit of u sealed ].ac-ka-e of monev Mould 
 be a naked de])osit. 
 
 §2085. Tf on(>, in addition t<. sale kcci.iu.ir, undertakes crratuit- earning d.- 
 onsly to carry money, or other articles, to anothei- place, his lia-'^"''*"' 
 bility is the same as that of a naked depositary. 
 
 §208(j. A naked depositary may, at an v time, terminate the K.-dciiverr 
 baihnents by a re-delivery of the articles to the baih.r. 
 
 §2087. A naked depositary may not use the deposit, without ^-^j^ ^^ 
 increasing his responsibility, unless such use is necessaiy for its i^"'"'"^- ' 
 preservation, or, from the circumstances, the consent of the de- 
 positor may be reasonably presumed. 
 
 §2088. A naked depositary is entled to be re-imbursed all i:e-imbu,-.e- 
 eharges and expenses incurred by reason of the deposit, and may""*'' 
 retain possession until the same are paid. 
 
 §208Jl Depositaries tor hire are bound to exercise ordinaiy ,,.,,, ^ ^. 
 o&re and diligence, and are liable as in other eases of bailment '^'-- 
 
410 PT. 2.— TIT. 3.— CHAP. 3.— Other Kelations. 
 
 Article 4. — Of Deposits. 
 
 for hire ; they liave a lien also for their hire, and may retain pos- 
 session until it is paid. 
 
 Factor'siien. §2090. A factor's lien cxtcnds to all balances on general ac- 
 count, and attaches to the proceeds of the sale of goods consigned, 
 as M'ell as to the goods themselves. Peculiar confidence being^ 
 reposed in the factor, he may, in the absence of instructions, ex- 
 ercise his discretion according to the general usages of the trade; 
 in return, greater and more skillful diligence is required of him,. 
 and the most active good faith. 
 
 Warehouse- §2091. A Warehouseman is a depositary for hire, and is Ijound 
 only for ordinary diligence; a failure to deliver the goods, on de- 
 numd, makes it incumbent on him to show the exercise of ordi- 
 nary diligence. 
 
 wharfliigir. § 2092. A wharfinger is also a depositary for hii-e, and liable 
 upon the same principles. 
 
 Inn, §2093. Under the term "inn" the hiw includes all taverns, ho- 
 
 tels, and houses of public general entertainment for guests. 
 
 Liability of §2094. Au inn-kccper is a depositary for hire, but from the 
 
 inn-keeper. pg(,^^}j.^. m^turc of his busincss, his lialjility is governed by more 
 stringent rules. 
 
 Guests. § 209r>. All persons entertained for hire at an inn, or tavern, or 
 
 hotel, are guests. 
 
 Liability of §2096. Au iuu-keeper is bound to extraordinary diligence in 
 
 fo?BtoiTir preserving the property of his guests, entrusted to his care, and 
 is liable for the same, if stolen, wliere the guest has complied 
 with all reasonable rules of the inn. 
 
 Proof. §2097. It is not necessary to show actual delivery to the inn- 
 
 keeper. Depositing goods in a public room, set apart for such 
 articles, or leaving them in the room of the guest, or placing a 
 horse in the stable, is a delivery to the inn-keeper; if, however, 
 the guest delivers his goods to a servant under special charge to 
 him to keep the same, the inn-keeper is not lialile therefor. 
 
 Deposit of § 209S. The inn-keeper may provide an iron safe, or other 
 place of deposit for valuable articles, and by posting a notice 
 thereot^ may require his guests to place such valuable articles- 
 therein, or he will be relieved from responsibility for them. 
 
 Presump- § 2099. In casc of loss, the presumption is want of proper dili- 
 
 aw. o-ence in the landlord. Xeslisrence or default by the jj-uest him- 
 
 self, of Avhich the loss is a consequence, is a sutficient defence. 
 
 The inn-keeper cannot limit his liability by a public notice; he 
 
 may adopt reasonable regulations for his own protection, and the 
 
FT. 2.— TIT. a.— CHAP. 3.— Other Relations. 411 
 
 Artide 4. — Of Deposits. 
 
 publication of sucli to liis guests binds them to comply there- 
 with. 
 
 § 2100. The inn-keeper who advertise^^ liiinself as such, is l)ound Duty of inn- 
 to receive, as far as he can accommodate, all persons offering "'^"'^' 
 themselves as guests, of good character, and who are willing to 
 comply with his rules. Persons entertaining only a few indi- 
 viduals, or simply for the accommodation of travelers, are not 
 inn-keepers, but simply depositaries for hire, bound to ordinary 
 diligence. 
 
 § 2101. The inn-keeper has a lien on the goods of all his guests His uen. 
 for all his reasonable charges, and may retain possession until 
 they are paid ; his lien attaches though the guest has no title, or 
 even stole the property, and the true owner must pay the charges 
 upon that specilic article, before receiving the same. 
 
 §2102. The keeper of a livery stable is a depositary for hire, Keeper of 
 and is bound to the same diligence and entitled to the same lien '^"^* 
 
 as an inn-keeper. 
 
 ARTICLE Y 
 
 OF LOANS. 
 Sectiox. : Section. 
 
 2103. Division of Loani*. 
 
 2104. Loan for use. 
 
 2105. For whose benefit. 
 
 2106. Dilip:ence. 
 
 2109. What revocable. 
 
 2110. Necessary charges. 
 
 2111. Increase. 
 
 2112. Loans to niarned women. 
 
 2107. Borrower no title. 2113. How used 
 
 2108. Not transferable. 1 2114. Death of parties. 
 
 § 2103. Loans are of two kinds — for consumption or for use. A Division of 
 loan for consumption is where the article is not to be returned in 
 specie, but in kind ; this is a sale, and not a bailment. 
 
 §2104. A loan for use is the gratuitous grant of an article Loan for use. 
 to another for use, to be returned in specie, and may be either for 
 11 certain time, or indefinitely, and at the will of the grantor. 
 
 §2105. A loan is generally entirely for the benefit of the bor- ^<"" ^'>o*<' 
 rower, but sometimes it is for the joint benefit of the lender and 
 borrower, and occasionally for the exclusive benefit of the lender, 
 as where one lends a horse to another to transact business for the 
 lender ; in the two latter cases the responsibility of the borrower 
 is varied and less stringent, according to tlie circumstances and 
 purpose of the loan. 
 
412 
 
 PT. 2.— TIT. a.— CHAP. 
 
 -Othei; Kelations. 
 
 Article 5. — Loans. 
 
 Diligfincf. 
 
 Jiorrower n< 
 title. 
 
 Not trnns- 
 tf'erablc. 
 
 Kot subject 
 to levy nnd 
 sale. 
 
 When Tf vo- 
 <!abla 
 
 Xecessaiy 
 
 'IncTfosf. 
 
 Loans to 
 married wo 
 .m«n. 
 
 How used. 
 
 Death of 
 parties. 
 
 § 210f). The borrower iisiiallv is bound to exercise extraordi- 
 njiry care and diligence, and is lial)le for slight neglect. 
 
 § 210T. The borrower acquires no property in the thing loaned, 
 but only the right to possess and nse it. For any interference 
 witli that right he may maintain an action. 
 
 §210^;. A loan being for the personal benetit niid use of the 
 borrower, he cannot transfer tlie possession to another without 
 the coTiscMit, express or implied, of the lender. iren<'(\ if the loan 
 be for a definite time the borrower lias no such interest as is sub- 
 ject to levy and sale. 
 
 ^2109. Tlie lender may not revoke a loan for a definite time 
 BO long as the borrower meets fully his engagements. .\ loan at 
 will or indefinitely may be revoked at any time. 
 
 §2110. A loan being gratuitous, the borrower must meet all 
 necessary charges and expenses in preserving and taking care of 
 the property during the time of the loan. If however, extraor- 
 dinary expenses be necessary to protect the jiroperty from de- 
 struction, the lender must reimburse the borrower such expenses. 
 
 § 2111. The increase, except by s|»ccial contract, belongs to the 
 lender. 
 
 §2112. By consent of the husband a loan may be made to a 
 married woman. In such case, the husband is bound as if he 
 was the borrower, but has no control over the property. 
 
 §2113. The loan must be used strictly for the purpose and in 
 the manner contemplated by the parties in contract. A viola- 
 tion by the borrower is in law a conversion. 
 
 § 2114, The death of the lender terminates all indefinite loans 
 or loans at will or pleasure. It does not terminate a loan for a 
 definite time. The death of the borrower terminates all loans to 
 him. 
 
 ARTICLE \\. 
 
 I'LKDGKS OR PAWNS. 
 
 "What !(= 
 
 Sectio.v. 
 
 2115. What i.s. 
 
 2116. Pledge of note<. 
 
 2117. Sale of pawnip. 
 
 2118. Use of goods pawned. 
 
 2119. Property in goods pawned. 
 
 Sbotiox. 
 
 I 2120. Trau.^fer. 
 
 ' 2121. Sale iindc-r execution. 
 
 ! 2122. Liability of pawnee. 
 
 1 2123. Necessary expenses. 
 
 I 2124. Increase. 
 
 § 2115. A pledge or pawn is property deposited with another 
 as security for the ]iayment of a deT)t. Delivery of the property 
 
^'J- -•— Til. ;.. — CRAt. '6, — Othek Relationb. 4ia 
 
 Article 6. — PledgCB or Pawns. 
 
 :oo<l» 
 
 'rop.rty in. 
 
 is essential to this bailment, but pn.juissory ii.^tes and evidences 
 of debt niay be delivered in ]>led^ro. Tl.c deliverv of title dee.ls 
 creates no ]»lcdi>'e. 
 
 riWiS. Tl.c receiver in pledge ..r pawn ..J' proniissorv notes is,, , , 
 »neh a hma iidr holder as will protect him under the same eir-'^"'"'^'" 
 cum8tan<es a> a i)urchaser from the e.juities l,etween the parties 
 but not from the true owner if frandnlcntly transferred thouo-li 
 without notice to him. 
 
 §2117. Thei)awnee may sell the jM-nperty received in pledge ^„, ^ 
 after the debt l)ecomes due and renniins unpaid ; but he must al- 1^''^"^^^- 
 ways give notice for thirty days to the J. aAvner of his intention 
 to sell, and the .ale must be in ]mbHc. fairlv conducted and t.. 
 the highest l)idder, uidess otherwise provided by contract. 
 
 §211S. The].awneemayusethe goods pawned, provided thereof. 
 use does not ]mi>air their real value. He has a lien on them for'""^"*'^ 
 the money advanced, though not for other debts due to him. lie-in,. 
 may retani po.session until his lien is satislied, and has a right of 
 action against any one interfering therewith. 
 
 §211<«. The general property in the goods remain in the,, 
 pawner, but the pawnee has a special property lor the purposes S 
 ot the badment. The death of neither party interferes with their 
 respective interests. 
 
 §2120 The pawnee may transfer his debt, and with it posses- ,,.„,, , 
 sion ot the thing pawned, and the i.urchaser stands prec-iselv in 
 his situation. 
 
 §2121. Property in pawn maybe seized and sold under execu- 
 tion against the pawner, hut upou notiee by the ]>awnee to the'--^- 
 levying othcer, the court in distributing the proceeds will recojr- 
 mze his hen according to its dignity, and give such direction I. 
 the funds as shall protect his legal rights. 
 
 § 2122. The pawnee is ],ound for ordinary care and .liligence 
 It the property pledged be promissory notes or other evidences'-- "" 
 ot debt the i-awnee must exercise ordinarv diligence in (X)llect- 
 ing and securing the same. 
 
 §2123. The pawner must pay all necessary expenses and re- . 
 pairs upon the property, but if the pawn has itself been pro^- '^-■"^"■• 
 able, or it the pawnee has used it to his own advantage the 
 pawner may re<pure him to account for such profits ' ' 
 
 §2124. All increase of property in pawn behmc^s t,. the 
 
 pawner 
 
il4 PT. 2.— TIT. 3.— CHAP. 4.— Othee Kelations. 
 
 Article 1. — Of the Contract. 
 
 CHAPTEK TV. 
 
 OF PRINCIPAL AND SURETY. 
 
 Article 1, Of the contract. 
 
 Article 2, Relative rights of creditor and surety. 
 
 Article 3, Rights of surety against 23riiicipal. 
 
 Article 4. Rights of sureties among tliemselves. 
 
 Article 5. Rights of sureties as to third persons. 
 
 ARTICLE I. 
 
 OF THE CONTRACT. 
 
 Sectiox. [Section. 
 
 2125. What ooiiHtitiUcs suretyship. 2127. Stridi juris. 
 
 2126. The nature of the obligation. I 2128. Form immaterial. 
 
 What con- §2125. The contract of suretysliip is tliat whereby one obli- 
 
 turetyship. gates himself to pay tlie debt of another in consideration of 
 
 credit or indulgence, or otlier benefit given to his principal, the 
 
 principal remaining botiiid therefor. It difiers from a guaranty 
 
 in this, that the consideration of the latter is a benefit flowing to 
 
 the guarantor. 
 
 The nature §2126. The obligation of the surety is accessary to that of his 
 
 gation. principal, and if the latter from any cause becomes extinct, the 
 
 former ceases of course, even though it be in judgment. If, 
 
 however, the original contract of the principal was invalid from 
 
 a disability to contract, and this disability was known to the 
 
 surety, he is still bound. 
 
 strictijuri.'^ § 2127. The contract of suretj'^ship is one of strict law, and his 
 
 liability will not be extended by implication or interpretation. 
 Formimma- §2128. The form of the contract is immaterial, pro\^ded the 
 fact of suretyship exists; hence an accommodation endorser is 
 considered merely as a surety. 
 
PT. 2.— TIT. :i— CHAP. 4.— Other Relations. ilfi 
 
 Article 2.— Relative Rig-hts of Creditor and Surety. 
 
 AllTICLE II. 
 
 RELATIVE RIOHTS OF CREPITOR AXI» SURETY. 
 
 Section. JSectiox. 
 
 2129. Efiect of release. ' 2i:!4. Iloldin;; to i);ii] of surety. 
 
 2130. A change in contract. i 21. ^..j. ExfendiuK liability. 
 
 2131. Of risk. 1 213G. Promise in ignorance. 
 
 2132. Tender of surety. 2137. Process— how sued out 
 
 2133. Xolice to sue. I 
 
 §2129. Tlio creditor may release or eoini)onnd witli tlie surety Kffoctof re- 
 without releasing the principal, but the release of, or compound- ''"'^' 
 ing with one surety, discharges a co-surety. 
 
 § 2180. A change of the nature or tenns of a contract is called a change ..r 
 a novation; such novation, without the consent of the surety/""*"''*' 
 discharges him. 
 
 §2131. Any act of the creditor, either before or after judg- ^^^ Hsk. 
 ment against the principal, which injures the surety, or increases 
 his risk, or exposes him to greater liability, Avill discharge him; 
 a mere failure by the creditor to sue, as soon as' the law allows, 
 or negligence to prosecute with vigor liis legal i-emedies, unless 
 for a consideration, will not release the surety. 
 
 §2132. The surety may tender to the creditor the amount of Tender by 
 his debt, and demand that the evidence ot; and securities for the '"'"*'''■ 
 same, be delivered up to him, to be enforced against his principal 
 or co-sureties, and a failure of the creditor to comply, when 
 within his power, shall operate to discharge the surety. 
 
 §2133. Any surety, guarantor, or endorser, at an/ time after Notice to 
 the debt on which he is liable becomes due, may give notice in '"'■ 
 writing to the creditor, or his agent, or any person having pos- 
 session or control of the obligation, to proceed to collect the 
 same out of the principal or any one of several principals liable 
 therefor, and if the creditor or holder refuses or fails to com- 
 mence an action for the space of three months after such notice 
 (the principal being within the jurisdiction of this State,) the 
 endorser, guarantor or surety giving the notice, as well as all 
 subsequent endorsers and all co-sureties, shall be discharged. 
 
 §2134. Any surety, guarantor or endorser, desiring "to have Holding to 
 his principal held to bail, may make affidavit before any one au- ty'"^ '"'"'" 
 thorized to administer an oath, stating the fact of his suretyship, 
 guarantee or endorsement, and the contract on which he is liable,' 
 and that he has reason to apprehend that the payment of said 
 
416 
 
 FT. 2.— TIT. 
 
 -CHAP. 4. — (JriiEK Kklations. 
 
 Extending: 
 liability. 
 
 Pi-omiso in 
 ignoranco. 
 
 Process — 
 
 how BU<>(I 
 
 out 
 
 Article 2. — Relative Rights of Creditor and Suretj'. 
 
 debt, or some part tliereof, will devolve upon him, unless his 
 principal is held to bail; upon such affidavit being presented to 
 the creditor, oi- his agent or attorney bedding sncli contract, it 
 shall be his duty to commence suit tbrtlnvith, and such affidavit 
 V)eing tiled with the petition shall operate as the affidavit of the 
 plaintiif in other cases ; upon failure of the creditor to sue on 
 such affidavit being presented as above set forth, the surety, guar- 
 antor or endorser shall be discharged. 
 
 § 2185. The creditor must pursue his remedy against the sure- 
 ty within the time ])rescri]jed by law, and no payment or promise 
 h\ tlu; ])rincipal or by a co-surety can extend the obligation of 
 tlie surety or the remedy of the creditor against him. 
 
 §2 1. ''><». Tf by any act of the cretlitor the surety is disehargedy 
 and in ignorance of the fact of such discharge, the surety promi- 
 ses to pay, such promise shall not be binding. 
 
 §2187. AVhen the fact of sin-etyshii) appears on the face of the- 
 contract, the creditor shall sm- out procos and enter up judgment 
 wirainst him as su<'li. 
 
 AKTIOLE III. 
 
 KliiHTS OF Sl.'HKTV ACAIX.ST l'l!lX(nPAI.. 
 
 Skction. 
 
 2138. Proce«.s agaiu.st prim'ipal. 
 
 2139. For money paid. 
 
 2140. EfVoct of judp:nu'nl surety. 
 
 2141. Paynieut of usur}-. 
 
 2142. Foreclosure of mortoagf. 
 214:i. Proof of suretysViip. 
 2144. After jud,2:nient. 
 
 Process 
 against prin 
 (■ipal. 
 
 For nioiifv 
 l»ai(L 
 
 Eflect of 
 judfrment r*. 
 surety. 
 
 Section. 
 2145. Control o{ jL/a 
 ■J 1 40. When sued seperately. 
 
 2147. Payment pending the action. 
 
 2148. Contribution. 
 
 2149. Control by endor.'^er. 
 
 2100. ifo//a _/((/(' purchaser protected. 
 
 J> 2138. A surety or indorser is entitled to the process of at- 
 tachment, or n£ exeat, against his principal before payment of the 
 debt under the same circumstances as any other creditor. 
 
 § 2130. Payment by a surety or endorser of a debt past due, 
 entitles him to proceed immediately against his principal for the 
 sum paid, with interest thereon, and all legal costs to which he 
 may have been subjected by the default of his principal. 
 
 §2140. If the payment was made under judgment, and the 
 principal had notice of the pendency of the suit against the surety, 
 the amount of such judgment shall be conclusive against the 
 principal as to the amount for which the sm-ety was bound. If 
 
PT. 2.— TIT. ;;.— CHAP. 4.— (hi.'KK Kki-ahons. 417 
 
 Aitide ?,. — Bights of Surety against Principal. 
 
 the payment was not made under jndgment. the principal may 
 dispute the validity of the payment as to the amount, or as to 
 the comjtetency of the person to wljom it was paid. 
 
 §2141. If tlie contract was originally usurious, and the surety payment of 
 inpayment includes the usury, he shall recover the same from"*"^""^' 
 the principal, unless i>revious to the payment, he had notice of 
 the intention of the ])rincipal to resist such usury. 
 
 §2142. If the prin(,'ipal executes any mortgage or gives other Foreclosure 
 security to the surety or endorser to indemnity him against loss" ™*"'**^** 
 by reason of his suretyship, the surety or endorser may proceed 
 to foreclose such mortgage, or enforce such other lien or security 
 so soon as judgment shall be rendered against him on his con- 
 tract. 
 
 § 214*5, If the fact of suretyship does not appear on the face of Proof of 
 the contract, it may be proved by parol, either before or after judg- *"''**y''^'P- 
 ment, the creditor not being delayed in his remedy by such col- 
 lateral issue between the principal and his surety. If before 
 judgment, the surety shall give notice to the ]trincipal of his in- 
 tention to make sucli proof 
 
 §2144. If judgment has been rendered without such proof, the , 
 
 " *', "^- -i ' After jmlg- 
 
 surety shall give at least ten days' notice to his ])rincipHl of his™<'"^ 
 intention to apply, at the next term of the court where the judg- 
 ment was entered, to make such proofs, and to have the fact of his 
 suretyship entered of record, together with an order for the con- 
 trol of such judgment and execution there are against the princi- 
 pal on payment of the same by him. 
 
 § 214:5. Any surety on the original contract, or on stay of ex- control of 
 ecution, or an appeal, or in any other way, or the representative'^' '''*■ 
 of a deceased surety, who shall have paid oft" or discharged the 
 judgment, or execution in whole or in part, and shall have the 
 fact of such payment by him entered on such execution by the 
 plaintirt" or his attorney, or the collecting ofticer, shall have the 
 control of such execution, and the judgment upon which it is 
 founded, to the same extent as if he was the original plaintiff' 
 therein, and be subrogated to all the rights of such plaintiff', for 
 the purpose of reimbursing himself from his princij^al. 
 
 § 2146. If the surety be sued separately from his principal, on ^.^^^ ^,,^^ 
 payment by him of the judgment against him, he sliall be entitled ^^'p-imteiy. 
 to control the judgment and execution against his principal in 
 the same manner as if the judgment and execution were joint, 
 and if he does not appear as surety in the judgment against him, 
 
418 
 
 PT. 2.— TIT. 3.— CHAP. 4.— Other Relations. 
 
 Article 3. — Rights of Surety jigainst Principal. 
 
 Payments 
 pending thi 
 action. 
 
 Contribu- 
 tion. 
 
 Control \>y 
 jnflorRcr. " 
 
 he may give notice and make the proof and obtain the control in 
 the same manner as pointed out in cases of joint judgments. 
 
 § 2147. If the surety pay off the debt pending the action against 
 the principal and himself, or against the principal alone, such 
 payment shall operate only to cause the action to proceed for the 
 benefit of such surety, and the judgment may be entered in the 
 name of the original plaintiff for the use of such surety. 
 
 § 2148. All the foregoing provisions shall apply to cases w^here 
 there arc more than one surety, so as to enable a surety discliarg- 
 ing tlie joint debt, in whole or in part, either pending the action 
 or after joint or several judgments, to control the same against 
 his co-sureties for the purpose of compelling them to contribute 
 their respective shares of the amount so paid by him. 
 
 § 2149. Every endorser, who shall pay off and discharge the 
 debt on which he is endorser, either pending the action or after 
 judgment, wlietlier the judgment be joint against the principal 
 and all tlie endorsers, or several against such, shall be entitled to 
 control the judgment and executions founded thereon against the 
 principal and nil prior endorsers, in tlie same manner, upon the 
 same proof, and under the same circumstances, as has been herein 
 provided in tlie case of sureties ; and if such endorser shall collect 
 the same of a prior endorser, such prior endorser shall have the 
 same control of the judgment, or judgments, against the princi- 
 pal, and any endorser prior to him. 
 
 §2150. When the surety does not appear to be such in the 
 judgment and execution, the lien of such judgment, when con- 
 trolled by the surety, shall not interfere with lona fide purcha- 
 sers without notice from the principal, \vhose rights were vested 
 before the order sjiving control to the surety was granted. 
 
 Btynafide 
 purchasers 
 i)rotoctcfi. 
 
PT. L'.— TIT. 3.— CHAP. 4.^(>TiiKK Relations. 419 
 
 Artlde 4. — Bighte of Sureties among themselves. 
 
 ARTICLE IV. 
 
 HIGHTS OF SURETIES AMONG THP^MSKLVKS. 
 
 ;5B(mo\. i Section. 
 
 2151. Right fif contribution. . 215.1. Duty to account. 
 
 2152. Interest thereon. 2154. ..Ve prwf at instance of svirety. 
 
 §2151. Where several are sureties for the same principal, forKiphtofoo 
 the panie sum of money, cither by one or by distinct instruments, 
 and one pays more tlian an equal share of the sum, he may com- 
 pel contrilmtion from his co-sureties. If one of the co-sureties be 
 insolvent, the deficiency in his share must be borne equally by 
 the solvent sureties. 
 
 §2162. The sum recovered as contribution bears interest from j^^^^^^ 
 the time it was paid by the surety. ;ind shall be deemed and held ''''''■^**"- 
 a liquidated demand. 
 
 §2153. A surety suing for contribution must lirst account for Duty t* 
 all money or other thing received from the principal to indem- 
 nity him against loss ; and if he has paid the entire debt, he may 
 compel his co-suretv to transfer to him anv mortifage or other Transfer of 
 
 i- • • ~ ~ securities. 
 
 security taken from the princijnal for the protection of such co- 
 surety by relieving him of all liability for contribution. 
 
 §2154. (Jne of several sureties upon a debt not due, or a bond a> er^at at 
 
 1 ... . Ti'i • 1' 1 111 1 *^h6 inBtance 
 
 or other ohhgation not yet complied with, or it the debt be clue of » unrety. 
 it remain^ unpaid, may, by writ of lie e,c<'at^ detain a co-surety 
 seeking to remove beyond the jurisdiction of the State, until 
 their joint obligation is discharged. 
 
 ARTICLE \. 
 
 mOllTS OF SURETIES AS TO TlTTllD PERSONS. 
 
 ■Section. 'Section. 
 
 215r>. Suiirc)t;;itioii. | 2156. As to sureties. 
 
 §2155. A surety mIio has paid the debt of his principal is sub- subroga- 
 rogated both at law and in equity to all the rights of the credi- 
 tor, and, ill a controversy with other creditors, ranks in dignity 
 the same as the creditor M'hose claim he paid. 
 
 §2150. He is entitled also to be substituted in place of the ^^j*^ *="* 
 <*reditor as to all securities held by him for the payment of the 
 debt. 
 
 For the summary remedy afforded a surety to compel contribution from his co-su- 
 xetio.o, and an endorser .luainst prior endorsers, see preceding article. 
 
420 
 
 PT. 2.— TIT. 3.— CHAP. 5.— Othek Relations. 
 
 Article 1. — Relation of Principal and Auent amoni;: themselves. 
 
 CHAPTER Y. 
 
 OF PRIXCIPAL AND ACrEXT. 
 
 Article 1. Relation of principal and agent among themselves, 
 
 Aktk^.le 2. Rights and liabilities of principal to third persons. 
 
 Article 3. Rights and liabilities of agent to third persons. 
 
 Aktk.'LE -i. Of overseers. 
 
 How it 
 arises. 
 
 What may 
 V»e done by 
 agent. 
 
 Who may 
 
 be agent. 
 
 How the 
 agency is 
 created. 
 
 ARTICLE I. 
 
 RKLATION OF PRINCIPAL AND AGENT AMONG THEMSELVKS-- 
 
 Skctiox. 
 
 2157. How it arises. 
 
 2158. What may be done by af^ent. 
 
 2159. Who may be afi;ent. 
 
 2160. How the agency is created 
 
 2161. Revocation. 
 
 2162. Agent limited. 
 
 2163. Diligence of an agent. 
 
 Sectio.v. 
 
 2165. Personal profit. 
 
 21G6. Estoppel. 
 
 21G7. Agent of several. 
 
 2168. Commission and expenses. 
 
 216.0. Illegal purpose. 
 
 2170. Effect of ratification. 
 
 2171. Of mingling goods. 
 
 2164. Agent cannot buy or sell^ Ac. 
 
 §2157. The relation of pnncipal and agent arises wherever 
 one person, expressly or by implication, authorizes another to act 
 for him, or subseqnently ratifies the acts of another in his behalf. 
 
 §2158. Whatever one may do himself may be done by an 
 agent, except such personal trusts in whi(;h special confidence is- 
 placed in the skill, discretion, or judgment of the person called 
 on to act; so an agent may not delegate his authority to another^ 
 unless specially empowered so to do. 
 
 ^2159. Any person may be appointed an agent who is of 
 sound mind; so a principal is l)ound b}- the acts of his infant 
 agent, but a feme covert cannot be an agent for another than her 
 husband, except by his consent, in which case he is bound by her 
 acts ; and a slave cannot 1 )e an agent for any one except his mas- 
 ter or employer. 
 
 § 2160. The act creating the agenc}' must be executed with the 
 same formality (and need have no more) as the law^ prescribes for 
 the execution of the act for which the agency is created. A cor- 
 poration may create an agent in its usual mode of transacting 
 l)usiness, and without its corporate seal. 
 
 (^2161. Generally, an agency is revocable at the will of the 
 principal. The appointment of a new agent for the performance 
 
PT. 2.— TIT. 3.— CHAP. 5.— OxiiKJt Eelations. 421 
 
 Article 1. — Relation of Principal and Agent among themselves. 
 
 of the same act, or the death of either principal or agent, revokes 
 tlie power. If, howevei-, tlie power is coupled with an interest 
 in the agent himself, it is not revocable at will ; and in all cases 
 the agent might recover from the principal f(»r an unreasonable 
 revocation any damages he may have suifered by reason thereof 
 
 §2102. The agent must act within tlie authority granted to Agent limi- 
 diim, Reasonably interpreted; if he exceeds or violates his instruc- authority^ 
 tions, he does it at his own risk, the principal having the privi- 
 lege of affirming or dissenting, as his interest may dictate. In 
 •cases where the power is conpled with an interest in the agent, 
 unrcib^mable instructions, detrimental to the agent's interest, may 
 ibe disregarded. 
 
 §21Go. An agent for hire is bound t<» exercise, about tlie l)usi- Diligence of 
 iiess of his principal, that ordinary care, skill, and diligence, re-''"'^"'*- 
 ■quired of a 1)ailce for hire. A voluntary agent, without hire or 
 a-eward, is liable only for gross neglect. 
 
 ^21(54. Without the express consent of the principal, after a Agent can- 
 full knowledge of all the facts, an agent employed to sell cannot ""ii fo7hT«- 
 be himself the purchaser, and an agent to buy cannot be himself '""^' 
 the seller. 
 
 §Ln():>. The agent must not make a personal protit from his p,„ona! 
 principal's property ; for all such he is bound to account. p'^'^°- " 
 
 §2100. An agent cannot dispute his pricipal's title, except inE,,„pp„ 
 •Buch cases where legal proceedings. !it the instance of others. 
 Jiave been commenced against him, 
 
 ^ §2107. Where several persons appoint an agent to do an act Agent of 
 for their joint benefit, the instructions of one, not inconsistent '"'^''"'^■ 
 with the general directions, shall protect the agent in his act. 
 
 §2108. An agent who has discharged liis duty is entitled to o.mmission 
 aus commission, and all necessary expenses incurred about the^ef ^'"" 
 ^business of his principal; if he has violated his engagements, he 
 is entitled to no commission. 
 
 §2109. Xo rights can arise to either party out of an agency iiie.ai pur- 
 .created for an illegal i)urposc. " p"***- 
 
 §2170. A ratification by tlie principal relates back to the act Effect of 
 ratified, and takes eftect as if originally authorized. A ratifica- ™*''^''''"*"'- 
 tion may be express or implied from' the acts or silence of the 
 principal. A ratification once made cannot be revoked. 
 
 §2171. An agent by willfully mingling his own goods with o. „i,.iio. 
 tnose ot ins principal does not create a tenancy in common, but §*'<"^*- 
 af incapable of separation, the whole belongs to tlie principal. 
 
422 
 
 PT. 2.— TIT. 3.— CHAP. 5.— Other Relation^. 
 
 Article^2. — Rights and Liabilities of Principal as to Third PersoHS. 
 
 w 
 
 AETICLE II. 
 
 RIGHTS AND LTABILITIKS 01-' FRIXCIPAr; TO THIPJ» PERSONS. 
 
 ISkction. 
 
 2172. Principal — how far bound. 
 
 2173. Forms immaterial. 
 
 2174. p]xteat of authority. 
 
 2175. Failing to disclose principal. 
 
 2176. Credit given to agent. 
 
 2177. Representation by agent. 
 
 2178. Notice to. 
 
 Section. 
 
 ; 2179. Principal bound for neglect. &c: 
 
 \ 2180. Injuries by another agent. 
 
 2181. Trespass of agent. 
 
 2182. Benefit of contract to pi-incipal'. 
 218:j. Money illegally paid, &c. 
 218t. Agent is a competent wivne.s.s. 
 
 Principftl- 
 how far 
 boond. 
 
 Forms im- 
 materiaL 
 
 Bxtent of 
 aothority. 
 
 Failing to 
 
 disclose 
 
 principal. 
 
 Credit given 
 to agent 
 
 Representa- 
 tions by 
 agent. 
 
 Notice to. 
 
 Principal 
 bound for 
 neglect and 
 fraud. 
 
 Iqjaries by 
 
 another 
 
 •grent 
 
 §2172. The jn-incipal is bound by all the acts of his agent 
 within the scope of his authority; if the aj^ent exceeds his au- 
 thority the principal cannot ratify in part and repudiate in ])art.. 
 he must adopt either the whole or none. 
 
 § 2173. The form in which the agent acts is immaterial ; if the^ 
 principal's name is disclosed, and the agent professes to act for- 
 him, it will be held to be the act of the principal. 
 
 § 2174. The agent's authority will be construed to include all 
 necessary and usual means for effectually executing it. Private 
 instructions or limitations, not known to persons dealing with a 
 general agent, cannot affect them. In special agencies for a par- 
 ticular purpose, persons dealing with the agent should examine- 
 his authority. 
 
 § 2175. If an agent fails to disclose his principal, yet, wheus 
 discovered, the persons dealing with the agent may go directly 
 upon the principal, under the contract, unless the principal shall' 
 have previously accounted and settled with the agent, 
 
 § 2176. If the credit is given to the agent by the choice of the- 
 seller, he cannot afterwards demand payment of the principal. 
 
 §2177. The principal is bound by all representations made by 
 his agent in the business of his agency, and also by his willful 
 concealment of material facts, although they are unknown to the 
 principal, and known only by the agent. 
 
 §2178. Notice to the agent of any matter connected with his 
 agency, is notice to the principal. 
 
 §2179. The principal is bound for the care, diligence, and 
 fidelity of his agent in his business, and hence he is bound for 
 the neglect and fraud of his agent in the transaction of such 
 business. 
 
 §2180. The principal is not liable to one agent for injuries- 
 arising; from the neclisrence or misconduct of other aorents about 
 
PT. 2.— TIT. 3.— CHAP. 5.— Othkk RELAnoNS. 
 
 Article 2. — Rights and Liabilities of Principal as to Third Persons. 
 
 the same business : the exception in case of a slave has been pre- 
 viously stated. 
 
 § 2181. The principal is not liable tor the willful trespass of his ivespassof 
 agent, unless done by his command or assented to by him. "^*'"*" 
 
 § 21 82. The principal shall have advantage of his agent's con- Benefit of 
 tracts in the same manner as he is bound by them, so far as they pri'ndpai." 
 come within the scope of his agency. If however, the agency 
 has been concealed, the party dealing with him may set up any 
 defence against the ])rincipal which he has against the agent. 
 
 §2183. The i)rincipal may recover back money paid illegally, MoDpy nie 
 or by mistake of his agent, or goods wrongfully transferred by Ac/" 
 the agent, the })arty receiving the goods having notice of the 
 agent's want of authority or willful misconduct. 
 
 §2184. The agent is a competent witness either for or against Agent is a 
 his principal, notwithstanding he may strictly come within the witness* 
 rule of incompetency from interest. His interest goes to his 
 credit. The declarations of the agent as to the business trans- 
 acted by him, are not admissible against his principal, unless 
 they were a part of the negotiation, and constituting tlie rex 
 gesta'e^ or else the agent be dead. 
 
 % 
 
 ARTICLE III. 
 
 HKiUTS AXl) l,lA!5ir,lTIE8 OF AGENTS AS TO TIllHI' I'KRSONS. 
 
 Section. iSEcniox. 
 
 2185. Agent may act iiiRlor this Code. &c I 2189. When responsible tor (Mwlit. vte. 
 
 2186. Money paid by mistake, *c. 2190. Public agent. 
 
 2187. When he has right of action. 2191. Liability for excess of authority. 
 
 2188. Forinterferenoe with his possession! 2192. Enforcing contracts, Ac. 
 
 §2185. Any act authorized or required to be done imder this Agent way 
 Code by any person in the prosecution of his legal remedies, may ^hL'codefoi- 
 be done by his agent, and for this purpose he is authorized to^"°*^'^"'' 
 make an tiffidavit and execute any bond required, though his 
 agency be created by parol. In all such cases, if the principal 
 repudiate the act of tlie agent, the agent shall be personally how bound, 
 bound together with his sm-eties. 
 
 § 2186. If money be i>aid to an agent by mistake, and he in good Money paid 
 faith pays it over to his principal, he shall not thereafter be per- nfa™be re* 
 sonally liable therefor, in all other cases he is liable for its re- 
 payment. If money be })aid by an agent by mistake, he may 
 recover it back in his own name. 
 
424 FT. 2.— TIT. 3.— CHAP. 5.— Othee Eelations. 
 
 i 
 
 Article 3. — Rights aud Liabilities of Agents as to Third Persons. 
 
 ^enhehas § 218T. Generally an agent has no right of action on contraets 
 tion made for his principal. The following are exceptions : 
 
 1. A factor contracting on his own credit. 
 
 2. Where promissory notes or other evidences of debt are 
 made payahle to an agent of a corporation, or joint stock com- 
 pany. 
 
 3. In all cases where the contract is made with the agent in 
 his individual name, though his agency be known. 
 
 4. Auctioneers may sue in their own name foi* goods sold b}' 
 them. 
 
 5. In cases of agency coupled with an interest in the agent 
 known to the party contracting with him. In all these cases, 
 payment to the principal l)efore notice of the agent's claim, is a 
 good defence. 
 
 Forintorfer- §2188. Au agcut liaviug posscssiou, actual or constructive, of 
 
 encewitli . J^ . . . , , . , ., 
 
 his posses- the property oi his principal, has a right oi action for anv inter- 
 
 sion. •11 • 1 1 • 1 
 
 lerence willi that possession by third persons, 
 whenro- §2189. Wlicrc tlic agciicv is known, and the credit is not ex- 
 
 sponsiblc for " . i i' • ii -i i 
 
 credit piven. pressly giveii to the agent, lie is not personally responsible upon 
 the contract. The question to whom the credit is given, is a 
 question of fact to be decided by the jury under the circumstan- 
 ces of each case. 
 
 Public §2190. Public agents, contracting in behalf of the public, are 
 
 not individually liable on such contracts. 
 
 Liability for § 2191. All agciits, by au express undertaking to that effect, 
 
 excess of au- i * . t • i 1 1 t i i a *" t ^ 
 
 thority. mav render themselves individually liable. And every agent 
 exceeding the scope of his authority is individually liable to the 
 person with whom he deals ; so also for his own tortious act. 
 
 Or tort. whether acting by command of his principal or not, he is respon- 
 ble; for the negligence of his nnder-servant, employed by him in 
 behalf of his principal, he is not responsi1)le. 
 
 Enforcing §2192. Wlieii the ao;ent exceeds his authoritv, so that the 
 
 contracts ex- " ~ • , 
 
 ceedinghis principal is not bound, the ai»;eiit cannot enforce the contract in 
 
 authority. ^ ^ ' c^ 
 
 his own name against the person with whom he deals, unless the 
 contract has been fully executed upon the part of the agent, or 
 ■> the credit was originallv o-iven to the acent. 
 
PT. 2.— TIT. 3.— CHAP. 5.— Othei: Relations. 426 
 
 Article 4. — Overseers. 
 
 ARTICLE IV. 
 
 OVERSEER.S. 
 
 Section-. ISectiox. 
 
 2193. Riglit and power of over.seer. , 2195. Parol contracts. 
 
 2194. As "cncral agent. 2190. Suit on breach of contnir ts. 
 
 §2193. In tlie absence of the master, the overseer stands i^Kj^ijtand 
 his place. It is his duty to see to the sustenance and protection P^^;^^^»^f 
 of liis employer's property, and to discharo:e this duty, he is jus- 
 tified in repelling aggressors and trespassers to the same extent 
 with the master. 
 
 §2104. The overseer, in the absence of the master, is the^n-^^ ^^^^^ 
 eral agent of his employer, and has the same power, and binds *^*"*- 
 his principal to the same extent, so far as concerns the business 
 over which he is placed, as other general agents. 
 
 § 2195. Contracts between employers and overseers may be p^roi ,ob. 
 by parol, though they may extend beyond a year from the time*™*"**' 
 of the contract. 
 
 § 219(). When the contract is for a year, and the employer ^.^j^^^ 
 wrongfully discharges the overseer before the end of the year, the 
 overseer may either sue immediately for any special injury from 
 the breach of the contract, or treating the contract as rescinded, 
 may sue for the value of the services rendered, or he may wait 
 till the expiration of the year and sue for, and recover his entire 
 waares. 
 
 <i 
 
 breach of 
 contract. 
 
 II 
 
4:26 
 
 PT. 2.— TIT. 4.— Property, &c. 
 
 Chapter 1.— Of Realty: 
 
 H 
 
 E«ulty deli- 
 uitioD. 
 
 Fixturos 
 
 Detached 
 becomes 
 personalty. 
 
 AllodiaJ te- 
 nure. 
 
 Bminent do 
 main. 
 
 TITLE IV. 
 
 OF FKOPKRTV ANl> THK TKNTRK HY WHU;!! it IS imU). 
 
 C/HAi'TKK 1. (Jf realty. 
 (Ih AFTER 2. Df persoTialtv. 
 
 CHAPTER I. 
 
 OF HE ALT Y. 
 
 SKCT10>f. 
 
 i 2207. Streams bound.iry liin'>. 
 
 ' 2208. Xavigablo streams. 
 
 1 2209. Owners of adjacent laud.-:. 
 
 ; 2210. Power of owner of stream^. 
 
 2211. Levees and ditches. 
 
 2212. Bridge or ferry rights. 
 221!!. Franchise — wlien exclusive. 
 2214. Private ways. 
 
 221. "». Cliaru'cs on lands. 
 
 2197. Realty delinitiou. 
 
 2198. Fi.xtures. 
 
 2199. Detached becomes ijersfjuaJty. 
 
 2200. Allodial tenure. 
 
 2201. Eminent domain. 
 
 2202. When to bo executed. 
 
 2203. How. 
 
 220t. Just compensation. 
 220;"). Destroying property, .tc. 
 2206. Owner of running water. 
 
 § 2197. Realty, or real estate, includes all lands and the build- 
 ings thereon, and all things permanently attached to either, or 
 any interest therein or issuing out of, or dependent thereon. 
 The right of the owner of lands extends downwards and up- 
 M'ards indefinitely. 
 
 §2198. Anything intended to remain permanently in its place, 
 though not actually attached to tlie land, such as a rail fence, is 
 a pai't of the realty and passes with it. Machinery not actually 
 attached, but movable at pleasure, is not a part of the realty. 
 
 § 2199. Anything detached from the realty becomes personalty 
 instantly on being so detached, and may be the subject matter 
 of larceny, even by the person wrongfully detaching it. 
 
 § 2200. The tenure by which all realty is held in this State is 
 under the State as original owner; it is without service of any 
 kind, and limited only by the right of eminent domain remain- 
 ing in the State. 
 
 § 2201. The right of eminent domain is the right of the State, 
 through its regidar organization, to re-assert, either temporarily 
 or permanently, its dominion over any portion of the soil of the 
 State, on account of public exigency and for the public good ; 
 thus in time of war or insurrection the proper autliorities may 
 possess and hold any part of the territory of the State for the 
 
PT. 2.— TIT. 4.— Propekty. Ac. 427 
 
 Chapter 1.— Of Really. 
 
 common safety; and in time of peace the Legislature may au- 
 thorize the appropriation of the same to public purposes, such as 
 the openino; of roads, construction of defences, or providing 
 channels for trade or travel. 
 
 §2202. It is the province of the Legislature to judge of the when to bt» 
 exigencies requiring the exercise ot this right, but it, under pre- 
 text of such necessity, the property of one is taken for the private 
 use of another, the courts should declare the law inoperative. 
 
 §2203. The Legislature may exercise this right either directly How. 
 through the officers of the State, or through the medium of cor- 
 porate bodies, or by means of individual enterprize. 
 
 § 2204. Except in cases of extreme necessity and great urgency, justcom- 
 the right of eminent domain cannot be exercised without first '"^°'"'* 
 providing for just compensation to the owner for the interference 
 with his exclusive rights. 
 
 ^ 2205. Analogous to the right of eminent domain is tlie power Destroyine 
 
 ,. "" ."" ,. ■, . . „ . . property for- 
 
 from necessity vested m corporate autlionties ot cities, towns public good. 
 and counties to interfere with and sometimes to destroy the pri- 
 vate property of the citizen for the public good, such as the 
 destruction of houses to prevent the extension of a conflagration, 
 or the taking possession of buildings to prevent the spreading of 
 (contagious diseases. In all such cases any damages accniing to 
 the owner from such acts, and which would not otherwise have 
 been sustained, must be paid by such corporation. 
 
 §2206. Kunning water, while on land, belongs to the owner owner or 
 of it, but he has no power to divert it from the usual channel, wTter ^ 
 nor can he so use or adulterate it as to interfere with the enjoy- 
 ment of it by the next owner. 
 
 §2207. The beds of streams not navigable belong to the streams 
 owner of the adjacent land; if the stream of water is theMnes."'^ 
 dividing line each owner is entitled to the thread or centre of the 
 main current; if the current changes gradually the line follows the 
 current; if from any cause it takes a new channel, the original 
 line, if capable of identification, remains the boundary. Gradual 
 accretions of land on either side accrue to the owner. 
 
 §2208. A navigable stream is one capable of bearing upon its j,-avigabi» 
 bosom, either for tlio wliole or a part of the year, boats loaded ^^•*"'- 
 with freight in regular course of trade. The mere rafting of 
 timber or transporting wood on small boats does not make a 
 stream navio-able. 
 
 % 
 
428 
 
 FT. L>.— TIT. 4.— FKOPEliTY, &c. 
 
 Chapter 1.— Of Realty. 
 
 Owners of 
 
 adjacent 
 
 lands. 
 
 Power of 
 owner of 
 streams. 
 
 Levees and 
 <litche,s. 
 
 Bridge or 
 ferry right. 
 
 Franchise — 
 when e.xclu- 
 8ive. 
 
 § 2209. The right of the owner of lands adjacent to navigable 
 streams, extends to low water mark in the bed of the stream. 
 
 § 2210. The OAvner of a stream not navigable is entitled to the 
 same exclusive possession thereof as he has of any other part of 
 his land ; and the legislature has no power to compel or interfere 
 with him in its lawful use, for the l)eneiit of those above or be- 
 low him on the stream, except to restrain nuisances. 
 
 §2211. All persons owning, or wlio may hereafter own lands, 
 on any water courses in the State, are authorized and empowered 
 to ditcli and embank their lands, so as to protect the same from 
 fresliets and overflows in said water courses ; Provided^ always 
 that the said ditching and embanking does not divert said water 
 couse from its ordinary channel, but nothing shall be so construed 
 as to prevent tlie owners of land from diverting unnavigable 
 water courses through their own lands. 
 
 § 2212. The right to construct a bridge or establish a ferry for 
 private use across a water course within or adjoining lands, is 
 appurtenant to the ownership of the land, but the right to estab- 
 lish and keep a public bridge or ferry is a franchise to be granted 
 by the State. Where such a grant interferes with the owner's 
 right of exclusive possession, just compensation to him must be 
 first made. 
 
 § 2213. N^o franchise granted by this State shall be held to be 
 exclusive, unless plainly and expressly so declared to be in the 
 
 grant. 
 
 Private 
 
 ways. 
 
 Charges on 
 land. 
 
 § 2214. The right of private way over another's land may arise 
 from express grant, or from prescription by seven years uninter- 
 rupted use through improved lands, or twenty years use over 
 wild lands, or by implication of law when such right is necessary 
 to the enjoyment of lands granted by the same owner, or by 
 compulsory purchase and sale through the Inferior Court in the 
 manner prescribed by this Code.'-' 
 
 §2215. Annuities or legacies, or debts charged upon lands by 
 testaments, attach thereto and follow^ the lands in the hands of 
 all persons. 
 
 * Por further provision as to water courses, roads, bridges and ferries. ?ee Part 1 , 
 Title 6. Chapter 5. 
 
FT. -2.— TIT. 4.— Pkopeki Y. 6cv. 429 
 
 ChapbstZ. — Of Personalty. 
 
 CHAPTER ir. 
 
 OK PKRSONALTY. 
 
 Skction. Section. 
 
 2'216. What i.«. '• 2221. Doj-OBit and iiu-reasc on land. 
 
 2217. Slaves. | 2222. Increase follows mother. 
 
 2218. Possession. | 222;{. Rights and reniedies. 
 
 2219. Cho.se in action. 222J. .Vs^JLnim'nl of cho.scs in action. 
 
 2220. Property in wild animals. .Vc. 
 
 §2216. rei'soiuilty, or personal estate, iiiclndes all such proper- whnt i«. 
 ty as is movable in its nature; in fact, everythinf!; liaving value 
 inherent in itself, or the representative <tf value, and not included 
 in the definition of realty. Stocks representini; shares in an in- 
 corporated company holding lands, or a franchise in or over lands, 
 are personalty, except in mininc; and manufacturing companies, 
 whose principal investments are in i-ealty and machinery attached 
 thereto, in ■which case the stock shall he deemed realty. 
 
 §2217. Slaves are ]>ersonalty, although, from their value and slaves, 
 the peculiar consideration due to the nature of this pro})erty, the 
 law governing them is, in many respects, more analagous to the 
 law of realty than of personalty. 
 
 §2218. Personalty in possession is wheix; the right of property Possession 
 is accompanied by immediate possession, actual or constructive. 
 
 §2219. Personalty to which the owner has a right of posses- cho.« 
 sion in future, or a right of immediate jtossession. wrongfully * " 
 withheld, is termed by the law a chose in action. 
 
 §2220. Property may exist in all animals, birds, and tishes ; Property m 
 to constitute property in those which are wild by nature, as dis-mJilA.^.' 
 tinguished from domestic animals, one must have them within 
 his actual possession, custody, or control ; this he may obtain ei- 
 ther by taming or domesticating them, or by confining them with- 
 in restricted limits, or by killing or capturino- them. 
 
 §2221. Any deposit made by wild animals on realty, belongs Deposit ana 
 to the owner; thus, honey deposited by bees in a tree, belono-s toj"mr"'°" 
 the owner of the tree, though the bees may be hired l)y another; 
 so the eggs and young of birds, or the increase of animals, so 
 hmg as they remain unable to leave the land, belong to the owiier. 
 
 §2222. The increase of all animals follow the condition of the 
 motlier, ant-l belong to the owner of the mother at the time of''"""*""^"^"- 
 birth. The increase of slaves follow the title in expectancy as 
 well as in possession. 
 
 o.sc in ac- 
 tion. 
 
430 
 
 PT. 2.— TIT. J.— Property, &c. 
 
 Chapter 2. — Of Personalty. 
 
 Rights and 8 2223. Foi' everv violation of a contract, express or implied, 
 
 remedies. ^ . . "^ - . , ' ^ •"■ ' 
 
 and tor every injur j done by anotliei' to person or property, the 
 law gives a right to recover and a remedy to enforce it. Such a 
 right is a chose in action, and such a remedy is an action or suit 
 at law. 
 Assignment § 2224. All choscs in action, arising upon contract, may be as- 
 actfoi^^^" '" signed so as to vest the title in the assignee, but he takes it, ex- 
 cept negotiable securities, subject to the equities existing between 
 the assignor and debtor at the time of the assignment, and until 
 notice of the assignment is given to the person liable. 
 
 TITLE Y. 
 
 OF KSTATES AND THE RIGHTS ATTACKED THERETO. 
 
 Chapter 1. Of absolute estates, or in fee simple. 
 
 Chapter 2. Of estates for life. 
 
 Chapter 3. Of estates in remainder and reversions. 
 
 Chapter 4. Of estates for years. 
 
 Chapter 5. Of landlord and tenant. 
 
 Chapter 6. Of estates upon condition. 
 
 Chapter 7. Of tenancy in common. 
 
 Chapter 8. Of trust estates. 
 
 Wliat is. 
 
 In what cr 
 ated. 
 
 CHAPTER I. 
 
 OF ABSOLT'TE estates or IX FEE SIMPLE. 
 
 Section. 
 
 2225. WTiat is. and in what created. 
 
 2226. Fee simple. 
 
 2227. May be in abeyance. 
 
 2228. What words create. 
 
 Sectiox. 
 
 I 2229. Technical words. 
 
 ; 2230. Estate's tail. 
 
 1 2281. Remote limitations. 
 
 § 2225. Estate is the quantity of interest which an owner has 
 in property ; in this State it is applicable equally to realty and 
 personalty. Any estate may be created in the latter that can be 
 created in the former, and the rules of construction as to both 
 shall be the same. The provisions of this Code, under this title, 
 when not restricted to one, apply to both. 
 Fee simple. §2226. Au absolute or fee simple estate is one in which the 
 owner is entitled to the entire property, with unconditional power 
 
TT. 2.— TIT. 5.— Estates, &<,. 431 
 
 Cliapter 1 . — Of Absdute EslaU-s, or in Fee Simple. 
 
 of dTspoHition during liis life, and descending to liis heirs and legal 
 representatives npou his death intestate. IJealty and slaves de- „^^.^„t^ 
 scend directly to the heirs, subject to l»e administered by the legal 
 representative, if there be one, for the payment of debts and the 
 purposes of distribution. If there be a legal representative, the 
 right to recover them is in him, if there be iione, the heirs may 
 sue in their own name. 
 
 §2227. An absolute estate may l»c created to commence in fu- May be in 
 ture, and the fee may be in abeyance without detriment to the' 
 rights of subsequent remainders. A fee may be limited upon a 
 fee, either by deed or will, where the ])lain intention of the 
 grantor or testator re<piires it. and 710 otlicr rule of hiw is violated 
 thereby. 
 
 §222S. The word "heirs,'' or its eipiivalent, is not necessary to'wiiat woh* 
 create an absolute estate, but every conveyance, properly execu- 
 ted, shall be construed to convey the fee, unless a less estate is 
 mentioned and limited in such conveyance. If a less estate is 
 expressly limited, the courts shall not. by construction, increase 
 audi estate into a fee, but disrecjardinjc all technical rules, shalP;"'^.'?^ *"""■ 
 give effect to the intention of the maker of the instrument, as 
 far as the same is lawful, if the same can be gathered from its 
 contents, and if iu)t, in such case, the court may hear ])arol evi- 
 dence to prove the intention. 
 
 §2220. Limitations over to "heirs." "heirs of the body," "lin- Technical 
 eal heirs," •"lawful heirs," ''issue.'' or words of similar import, "^""^ *" 
 shall be held to mean "children" whether the parents be alive or 
 •dead, and under such M-ords children, and the descendants of de- 
 ceased children, by representation in being at the time of the 
 vesting of the estate, shall take. 
 
 § 2230. Estate's tail are prohibited and abolished in this State. KstMte-3 tail 
 Gifts or grants to one, and the heirs of his body, or his heirs male 
 or heirs female, or his heirs by a particular person, or his chil- 
 dren, or his issue, convey an absolute fee. Estate's tail being 
 illegal, the law will never presume or imply such an estate. 
 Limitations, which, by the English rules of construction, Avould p^y,g ,„ j,,,^,, 
 create an estate tail by implication in this State, shall give a life *""**'•''■ 
 estate to the iirst taker with remainder over in fee to his chil- 
 dren and their descendants as above provided ; and if none are 
 living at the time of his death, remainder over in fee to the ben- 
 eficiaries intended by the maker of the instrument. 
 
 r 
 
432 
 
 FT. 2.— TIT. 5.— Estates, (fee. 
 
 Chapter 1. — Of Absolute Estates, or in Fee Simple. 
 
 Remote 
 limitations. 
 
 § 2231. All limitations over after the death of tlie first taker^ 
 upon his dying without heirs, or dying without issue, or dying- 
 without leaving heirs or issue, or on failure of issue or other and 
 equivalent terms, shall be construed to mean a failure of heir& 
 or issue at the time of the death of the first taker, and shall con- 
 vey the estate in tlie manner prescribed in Section 2230. 
 
 CHAPTER II. 
 
 OF p:states for lifk. 
 
 Sectiox. 
 
 2232. What is. 
 
 2233. How (Teated. 
 
 2234. Estates diiriug widowhood, &c. 
 
 2235. Rights and liabilities of tenants. 
 
 2236. Increase. 
 
 2237. Emblements. 
 
 2238. Of slaves. 
 
 Sectiox. 
 
 2239. Tenancy by courtesy. 
 
 2240. Cruel treatment of slaves. 
 
 2241. Sale of slaves by tenant for life. 
 
 2242. Oflands. 
 
 2243. Removal of personaltj'. 
 
 2244. Bond of purcha.ser, &c. 
 
 What is. 
 
 Muw created 
 
 Estates du- 
 ring widow- 
 hood, &c. 
 
 Kights .and 
 liabilities of 
 tenant for 
 life. 
 
 IricrcBse. 
 
 § 2232. An estate for life may be either for the life of the ten- 
 ant or of some other person or persons, even though such other 
 person be a sla\'e. 
 
 § 2233. An estate for life may he created bj deed or will, or 
 express agreement of the parties, or by operation of law ; it can- 
 not be created in such property as is destroyed in the use. 
 
 § 2234. Estates which may extend during life, but must termi- 
 nate at death, so long as they exist, are deemed life estates ; such 
 are estates during widowhood. 
 
 §2235. The tenant for life is entitled to tlie full use and enjoy- 
 ment of the property, so that in such use he exercises the ordi- 
 nary care of a prudent man for its preservation and protection, 
 and commits no acts tending to the permanent injury of the per- 
 son entitled in remainder or reversion. For the want of such 
 care, and the willful commission of such acts, he forfeits his in- 
 terest to the remainder-man if he elects to claim immediate pos- 
 session. 
 
 § 2236. The natural increase of the property, unless it be a 
 slave, belongs to the tenant for life. Any extraordinary accumu- 
 lation of the corpus, such as issue of new stock upon the share of 
 an incorporated or joint stock company, attach to the cor2)us and 
 go with it to the remainder-man. 
 
 §2237. If the life estate be terminated not bv the act of the 
 
 'i$ 
 
FT. 2.— TIT. 0.— KsTATKr-, cVrc. 4S8 
 
 Chapter 2. — Of Estates for Life. 
 
 tenant, he und his lesral representatives shall be entitled to em-EmWe- 
 
 • • 1 111' nients. 
 
 blemeutj*, Avhicli are the i)rGiit8 ot tlie crop sowed by him durino; 
 life, whether the plants be annual or perennial, and the nse of the 
 slaves employed about its cultivation for the ]iurpose of perfect- 
 in«: and iratherino; it. 
 
 §2238. If a tenant for life hires out a slave, <»r rents the land of slaves, 
 for the yeai- and dies, or the estate is otherwise terminated dnrinp; 
 the year, the hirer shall be entitled tu the slave, and the tenant 
 to the land, tor the term of the year, ujton «'<»m])lyinG; with his 
 contract M'ith the tenant for life. 
 
 §22oi>. There is no tenancy by courtesy in (ieorj^ia. Bycouru-sy. 
 
 § 2240. A tenant for life, convicted criminally of cruel treat- cmei treat- 
 ment of the slave, oi" one of a parcel of slaves, in which he has^ave^ 
 an estate for life, forfeits his entire interest in all, and the rights 
 of the remainder-man to the possession attaches innnediately on 
 such conviction. The like conviction of his agent, where the act 
 is done by his command or consent, shall have the same effect. 
 
 §2241. The tenant for life in slaves, who shall, by sale or other sau-of 
 means, fraudulently attempt to defeat the interest of the remain- tMint f^- 
 der-man, forfeits thereby his entire interest, and is moreover liable 
 immediately to the remainder-man for the full ^alue of the pro- 
 perty. The purchaser, under such sale, acquires no title what- 
 ever as against the lomainder-man ; if, however, the sale be made 
 in good taith, the purchaser shall have the estate for life. 
 
 §2242. Xo forfeiture shall result from a tenant for life selling of lands, 
 the entire estate in lands ; the ])urchaser acrpiires only his in- 
 terest. 
 
 §2243. The tenant for life, in pei-sonalty, cannot remove it be- Removal of 
 yond the jurisdiction of this State without the consent of the j.g. p*'"""'*'*^- 
 mainder-inan. If he attempts to do so fraudulently, he forfeits 
 his interest ; if not fraudulently, the remainder-man, or rever- 
 sioner, is entitled to the writ ofne exeat to restrain him. 
 
 §2244. "Where a life estate is sold under process of law, upon Bond of pur- 
 the demand of any one interested in remainder, his agent or at- *^"'"' 
 torney, accompanied by a statement, under oath, of his interest, 
 it shall be the duty of the officer making the sale, to require of 
 the purchaser a bond, in double the value of the property, with 
 good security, for the delivery of the property to the persons en- 
 titled in remainder, which bond shall be filed in the office of the 
 Clerk of the Superior Court of the county where the sale is made, 
 and subject to be sued on by any person interested in remainder ; 
 28 
 
434 
 
 FT. 2.— TIT. 5.— PEorEiiTY, &c. 
 
 Chapter 2. — Of Estates for Life. 
 
 on failure to give such bond, tlie property shall be re-sold at the 
 risk of the purchaser, if notice of tlie demand was given l^efore 
 he purchased. 
 
 CHAPTER III. 
 
 OF ESTATES IN REMAINDER AND REVERSIONS. 
 
 Sectiox. 
 
 2245. Deliaitiou. 
 
 2246. No pai'ticular estate necessary. 
 
 2247. Vested or contingent. 
 
 2248. Riglits of lieirs. 
 
 2249. Perpetuities. 
 
 Section". 
 
 I 2250. Created by parol. 
 ] 2251. Vesting of remainders favored. 
 
 2252. Assent of executor. 
 
 2253. Merger. 
 
 : 2254. E.states during widowhood. 
 
 No particu- 
 lar estate ne- 
 cesBary. 
 
 Vested or 
 contingent. 
 
 Definitions. § 2245. An estate in remainder is one limited to be enjoyed 
 after another estate is determined, or at a time specified in the 
 future. An estate in the reversion is the residue of an estate, 
 usually the fee left in the grantor and his heirs after the deter- 
 mination of a particular estate which he has granted out of it. 
 The rights of the reversioner are the same witli those of a vested 
 remainder-man in fee. 
 
 § 2246. Xo particular estate l)eing necessary to sustain a re- 
 mainder under tliis Code, the defeat of the particular estate for 
 any cause does not destroy the remainder. 
 
 § 2247. Remainders are either vested or contingent. A vested 
 remainder is one limited to a certain person at a certain time, or 
 upon the liappening of a necessary event. A contingent remain- 
 der, is one limited to an uncertain person, or upon an event 
 which may or may not happen. 
 
 § 2248. If the remainder-man dies before the time arrives for 
 possessing his estate in remainder, his heirs are entitled to a vest- 
 ed remainder interest, and to a contingent remainder interest 
 when the contingency is not as to the person, but as to the event. 
 If the contingency be as to the person, and that person be not 
 in esse at the time when the contingency happens, his heirs are 
 not entitled. 
 Perpetuities § 2249. Limitations of estates may extend through any num- 
 ber of lives in being at the time when the limitations commence, 
 and twenty-one years, and the usual period of gestation added 
 thereafter. A limitation beyond that period, the law terms a 
 perpetuity, and forbids its creation when an attempt is made to 
 create a perpetuity. The law gives effect to the limitations not 
 
 Rights of 
 heirs. 
 
PT. 2.— TIT. 5.— Propeuty, «fec. 435 
 
 Chapter :'.. — Of Estates in Remainder and Reversions. 
 
 too remote, declariiifij the others void, and tlierebv vests the fee 
 in the laf^t taker under tlie legal limitations. 
 
 § 2250. Remainders cannot be created by parol. Thev mav be creatiou by 
 <;reated for ])ersons not m being, and if a vested remainder, it openinp if 
 opens to take in all persons within the description coming into 
 being up to the time of enjoyment commencing. 
 
 §2251. The law favors the vesting of remainders in all cases vesting or 
 
 I' 1 1 T • •!! 1 /• • ^ • 1 11 /• remainders 
 
 «>i doubt. In (tonatrumg wills, words ot survivorship shall refer favored, 
 to the death of the testator in order to vest remainders, unless a 
 manifest intention to the contrary appears. 
 
 § 2252. The assent of the executor to a lejjacv to the tenant for Assent of tiu 
 
 , . > •, , • n 1 • T ' executor. 
 
 J lie enures to the !)enetit of the remainder-man. Ilemainder-man 
 at the termination of the life estate may take possession imme- 
 diately. Tf however, the will provides for a sale or otlier act to 
 be done for the purpose of, or prior to a division, the executor 
 may recover possession for the purpose of executing the M-ill. 
 
 § 2253. Tf two estates in the same ])roperty unite in the same Mcr-er. 
 )>erson in his individual capacity, the less estate is merited in the 
 greater. 
 
 § 2254. An estate may be created during widowhood, and such j-^t^t^^ ,,„,.. 
 estates shall be subject to the same rules as life estates. Limita- h'^foiT'*'**'^ 
 tions over upon the marriage of a Avidow shall be valid, unless 
 sucli limitations are manifestly intended to operate as a restraint 
 upon the free action of such widow in respect to marriage, and Limitation* 
 are not simi)ly prudential provisions for the protection of the ^7 e°" """"' 
 interest of children, or others in sucli event ; in such cases they 
 are void. 
 
 CHAPTER lA'. 
 
 OF ESTATES FOR YEARS. 
 8ECT10X. JSectiox. 
 
 2255. Definition. 
 
 2256. Distinction from Iwilnienl. 
 
 2257. Rishts of tenant. 
 
 2258. Emblement.''. 
 
 2259. Expen.se.s and repai 
 
 2260. Lease. 
 
 § 2255. An estate for years is one which is limited in its dura- u^g, 
 tion to a period fixed, or which may be made iixed and certain. 
 If it be in lands, it passes as realty in this State. It may be for 
 
 For rule-g prescribing tlie effect of certain limitations in creating remainders, refer 
 10 Chapter 1 of this Title. And for remedies of remainder-men against tenant for 
 life and purchasers, refer to Chapter 2 of this Title. 
 
436 
 
 PT. ii.— TIT. 5.— Fkoi^kkty, *fec-. 
 
 Chapter 4. — Of Estates for Years. 
 
 Distinction 
 from biiil- 
 loent. 
 
 any number of years, so that the limitation be within the rule- 
 against perpetuities. 
 
 §2'25fi. It (lifters M'heu applied to })ersonalty from a contract 
 of hiring in tliis, that the latter is a bailment conveying no inter- 
 est in the property to tlie Imilee, but a mere right of use ; when 
 applied to realty, it diifcrs from tlie rehition of landhjrd and ten- 
 ant in this, that in the latter, the tenant has no estate, but a mere 
 riglit of use, very similar to the right of a hirer of personalty. 
 
 RifCht,> of 
 tenant. 
 
 Bmhlemonts 
 
 Kxppnse* 
 and ^epal^^ 
 
 Letwf. 
 
 f/onslruc- 
 tion. 
 
 § 2257. An estate for years carries with it the right to use in 
 
 as absolute a manner as a o;reater estate, l)ut not to the iniurv of 
 
 i ^ . . . . 
 
 the pro])orty m- of the person entitk'd, either in remainder or re- 
 
 \-ersion ; the same acts of omission and (;ommission wliicli have 
 
 been liercttjfore prescribed as grounds of forfeiture of an estate 
 
 for life, will operate to the same eft'ect against a tenant for 
 
 years. 
 
 §225b, xV tenant for years is not entitled to emblements, un- 
 less the estate l)e terminated before the period iixed by the hap- 
 pening of some (contingency provided in its creation, and without 
 fault on the yavt of the tenant. 
 
 § 2259. A tenant for years is bound for all repairs or other ex- 
 pense necessary for tlie preservation and protection of the pro- 
 perty. 
 
 § 2260. When one grants to another an estate for years out of 
 his own estate, reversion to himself, it is usually termed a lease. 
 It may be conlined to a particular interest in lands, such as min- 
 ing or agricultural, in which event no other interest passes. li* 
 no object of the lease is stated, the mining interest will not pass- 
 unless the circumstances justify an implication of such an inten- 
 tion in the parties. 
 
 CHAPTER V. 
 
 OF LANDUORD AND T^:^\\NT. 
 
 Section. 
 Ii261. Petinitioii. 
 L'262. How created. 
 
 2263. Ri.ffhts of tenarn.>. 
 
 2264. Delivery of post-ession. 
 
 2265. Estoppel 
 
 2266. Repairs and improvenienis. 
 22G7. Distress for rent. 
 
 Section. 
 226R. Lien. 
 22G9. Interest. 
 
 2270. Rent paid in kind. 
 
 2271. Duration of tenancy. 
 
 2272. Notice to quit. 
 
 2273. Emblements. 
 
 2274., Casualties no aljatoment of rent . 
 
PT. 2.— TIT. :..— Propkktv, «&<:. 437 
 
 Chapter .'». — Of Landlord and Tenant. 
 
 §2261. When the owner of lands grants to another simply the D«finiuoD. 
 right to possess and enjoy the nse of such lands, either for a fixed 
 time or at the will of the grantor, and tlie tenant accepts the 
 grants, tlic relation of landlord and tenant exists l»etween them. 
 In sucli case no estate passes out of the landlord and the tenant 
 has only a usufruct which he cannot convey except by the land- 
 lord's consent, and which is not subject to levy and sale. 
 
 §2262. Contracts creating the relation of landlord and tenant, Hoi^cre***^ 
 for any time not exceeding one year, may be by ]>arol, and if 
 made for a greater time shall have effect of a tenancy at will. 
 
 §2263. The tenant has no right .beyond the use of the land Rights of 
 and tenements rented to him, and such privileges as are neces- *^"*" 
 sary to the enjoyment of his use. lie cannot cut or destroy 
 growing trees, remove permanent fixture:-, or otherwise injure 
 the property, lie may use other timlicr for firewood and the 
 pasturage for his cattle. 
 
 jJ2264. The tenant must delivci- pi»ssession at the expiration neiivCTy of 
 oi' his term, and if he fails or refuses to do so a sumniarv remedy ^"'*^**"'°' 
 is given to the landlord. 
 
 §2265. The tenant cannot dispute his landlord's title, nor Estoppel, 
 attorn to another claimant while in possession. 
 
 §2266. The landlord nmst keep the premises in re}>air, and isK<.pairs and 
 liable for all sub^tantial improvements placed upon them by his ^e^i't^^*" 
 •consent. 
 
 §2267. The landlord shall have power to distrain for rent as Diatr*^ for 
 soon as the same is due, or before due, if the teJiant is seeking to *"***• 
 remove his goods from the premises. If the tenant fails to pay 
 the rent due at any time, the landlord may re-enter immediately 
 :and dispossess the tenant. If the tenant holds over after his 
 'term expires the landlord may recover doul)le rent for such time. 
 
 §2268. The landlord's lien for his rent shall attach from thcLu-n. 
 time of levying his distress warrant, but it shall take precedence 
 -of no lien of older <late except as to tlie croj) raised on the 
 premises. 
 
 §2260. All contracts for rent shall bear interest from the time 
 
 , . 1 • 1 ■ . Interest ■ 
 
 the rent is due, and pulgments u]>on suits for rent may be ren- 
 dered at the first term. 
 
 §2270. When the rent agreed to be paid is a part of the crop j,^^^ .^^^ 
 such portion shall not be liable to be levied on by any process "^'""^ 
 for debt against the tenant; Provided^ the contract is in writing 
 -and the rent does not exceed one-half of the crop. 
 
438 
 
 FT. 2.— TIT. 5.— Property, &c. 
 
 Chapter 5.— Of Landlord and Tenant. 
 
 Duration of 
 ten unci'. 
 
 3IoHce to 
 quit. 
 
 §2271. Wliere no time is specified for the termination of the 
 tenancy, the law construes it to be for the calendar year, bnt if 
 it is expressly a tenancy at will then either party may terminate 
 it at will. 
 
 § 2272. Two months' notice is necessary from the landlord tO' 
 
 terminate a tenancy at will. One months' notice is necessary 
 
 from tenant. 
 
 Bmbkmonts §2273. The tenant at will is entitled to his emblements if the 
 
 crop is sowed before notice to (juit by the landlord, or the 
 
 tenancy otherwise suddenly terminated, as by sale of the estate 
 
 by the landlord, or by judicial sale, or death of the landlord or 
 
 tenant. 
 
 Casualties §2274. Tlie dcstruction of a tenement by fire, or the loss of 
 
 nwnt of rent, possession by any casualty, not caused by the landlord, or from 
 
 defect of liis title, shall not abate the rent contracted to be paid.. 
 
 CHAPTER VI. 
 
 Definition. 
 
 Precedent 
 and subse- 
 quent. 
 
 Ropugfnaut 
 condition. 
 
 Disability. 
 
 Notice. 
 
 Dependant 
 and inde- 
 pendent 
 ^'orenants. 
 
 OF K8TATES ON CONDITION. 
 
 Section. Section. 
 
 2275. Dcliiiitioii. 2278. Disability. 
 
 227G. Precedent & subsequent t'oiiditions. 2275). Dependant covenants, Ac. 
 2277. Repugnant condition. 2280. Effect of breach of condition. 
 
 §2275. An estate may be granted upon a condition, either ex- 
 press or implied, upon performance or breach of which the estate 
 shall either commence, be enlarged, or be defeated. 
 
 § 227<). Conditions may be either precedent or subsequent. The 
 former require performance before the estate vests; the latter 
 may cause a forfeiture of a vested estate. The law inclines to 
 construe conditions to be subsequent rather than precedent, and 
 to be remediable by damages rather than by forfeiture. 
 
 § 2277. A condition repugnant to the estate granted is void, 
 so are conditions to do impossible or illegal acts, or which in 
 themselves are contrary to the policy of the law. 
 
 § 2278. No legal disability, except being nmi compos laeiitiSy 
 will excuse a person from failing to comply with a condition an- 
 nexed to his or her estate ; no notice of such condition need be 
 given by the person claiming under the limitation over. 
 
 § 2279. The dependence or independence of covenants or con- 
 ditions, must be collected from the intention of the parties,, 
 viewing the entire instrument; in dependent conditions the fail- 
 
PT. 2.— TIT. 5.— Feoperty, &c. iZ^ 
 
 Chapter 6. — Of Estates on Condition. 
 
 ure of the person first required to act is an excuse to the other 
 party for failing to comply. If the conditions be independent 
 no such excuse avails — tlie law inclines to construe conditions to 
 be indej)endent. 
 
 §2280. Upon breach of condition subsequent, working a for- Effector 
 feiture, the ])erson to whom the estate is limited may enter im-Sition. 
 mediately. 
 
 CHArTEK VII. 
 
 OF TENANCY IN COMMON. 
 
 Sbctiox. 
 
 2284. Adverse posRePsion. 
 
 2285. Partition. 
 
 Rbotio.v. 
 
 2281. .Joint tenancies abolished. 
 
 2282. Definition of tenancy in common. 
 
 2283. Rights, &c.. of co-tenants. 
 
 §2281. Joint tenancy does not exi^t in this h^tate, and all such joint tenan- 
 estates, under the English law, will be held to be tenancies in[lhod.^'" 
 common under this Code. 
 
 § 2282. Wherever two or more persons, from any cause, are en-Deflniuonof 
 titled to the possession, simultaneously, of any property in this cTmmcfi..'^ 
 State, a tenancy in connnon is created. Tenants in common 
 may have unequal shares ;" they will be held to be equal, unless 
 the contrary appears. The fact of inequality does not give the 
 person holding the greater interest any privileges, as to posses- 
 sion, superior to the person owning a lesser interest, so long as the 
 tenancy continues. 
 
 §2283. Every tenant in common has the right to possess thewghtsand 
 joint property, and so long as he occupies no greater portion of it coSnl,"' 
 than his own share would be on division, and does not withdraw 
 from it any of its essential value, such as mineral deposits, he is 
 not liable to account for rent to his co-tenant : but if he receives 
 any rent, or other proiit, ov commits any waste ; or if he, by any 
 means, deprives his co-teiuint of the use of his fair proportion of 
 the property, or if he appropriates all to his exclusive use, or if 
 the property is of such a character as the use of it must necessa- 
 rily be exclusive, then he is liable to account to his co-tenant. 
 
 §2284. There can be no adverse possession against a co-tenant Adverse 
 until actual ouster, or exclusive possession after demand, or ex- p"^*'^*^""- 
 press notice of adverse possession, in either of M'hich events the 
 co-tenant may sue at law for his possession. 
 
440 
 
 PT. 2.— TIT. 5.— Pkopekty, &c. 
 
 Chapter 7. — Of Tenancy in Common. 
 
 Partition. § 2285. Upon application by any tenant in common, the Supe- 
 rior Court may order partition as hereinafter provided. 
 
 Definition. 
 
 For whom. 
 
 Separato 
 estates. 
 
 CHAPTER VIII. 
 
 OP TRUST ]<:STATK?. 
 
 Akticle 1. Of their creation and nature. 
 Article 2. Of trustees, appointment, powers, I'L'o. 
 
 ARTICLE I. 
 
 OF THEIR CR]':ATI0N AND NATURK. 
 
 Section. 
 
 2286. Definition. 
 
 2287. For whom. 
 
 2288. Separate estate. 
 
 2289. Expressed or implied. 
 
 2290. Definition. 
 
 2291. Express — liow created. 
 
 2292. Contingent ancJ shifting-. 
 
 Sectiox. 
 
 ! 2293. Resulting trust.-^. 
 
 2294. Execution of trusts. 
 i 2295. E.vecuted and executory. 
 I 2296. Use upon use. 
 
 2297. Implied trusts. 
 I 2298. Parol evidence. 
 
 2299. Precatory words. 
 
 Express, &c. 
 Definitions. 
 
 §2286. Estates may be created, not for the benefit of the 
 grantee, but for the use of some other person. They arc termed 
 trust estates. Xo formal words arc necessary to create such an 
 estate. Whenever a manifest intention is exhibited, that an- 
 other person shall have the benefit of tlio property, the grantee 
 shall be declared a trustee. 
 
 § 2287. Trust estates may be created for the benefit of any fe- 
 male, or minor, or person nori comjyofi moifift.^ThGX cannot be 
 created, in any property, for any male person of sane mind^ In 
 such cases, whether of ex])ress or implied trusts, the beneficiary 
 takes the j^i'operty free from tlic trust. If created for the joint 
 benefit of a man and his wife, one-half the estate vests in the 
 husband, and tlie remainder in the trustee for the separate use of 
 the wife. 
 
 § 2288. Iso words of se})arate use are necessary to create a trust 
 estate for the wife. The appointment of a trustee, or any words 
 sufficient to create :; trust, shall operate to create a separate es- 
 tate. 
 
 § 2289. Trusts are eithei- express or implied. 
 
 §2290. Express trusts are those created and manifested by 
 agreement of the parties. Implied trusts are such as are inferred 
 
PT. 2.— TIT. o.— CHAP. 8.— Property, &c. 441 
 
 Article 1 . — Creation aud Nature of Tnipt Estates. 
 
 '"by law froin the nature of the transaction, or tlie conduct of the 
 parties. 
 
 § 2291 . All express trusts must be created or declared in writing. Express, a- 
 
 §2292. Ai! express trust may depend for its operation upon a contingent 
 future event, and is then a contingent trust. It may operate in *""*«''"*"^ 
 favor of aflditional or other heneficiaries u]ion specified contin- 
 gencies, and is then a sliifting trust. 
 
 § 2293. An implied trust is sometimes for the Itenefit of the Re^uUin? 
 grantor, or his heirs, or heirs or next of kin of a testator, and is^™**' 
 then a resultin<j: trust. 
 
 § 2294. Trusts are either executed or executory. In the former, Execnted 
 everything has lieen done by the trustee required to secure thetoit*''**'" 
 property, or render certain the interest of the beneficiaries, and 
 all that remains for him to do, is to preserve the property and 
 •execute the benelicial purposes. In executory trusts, something 
 remains to l)e done by the trustee, either to secure the property, 
 to ascertain the objects of the trusts, or to distribute according to 
 a specified mode, or some other act, to do whicli requires him to 
 retain tlie legal estate. 
 
 §229o. In an executed trust, for the benefit of a i)eri^on capa- Kx^cuted 
 ble of taking and managing property in his own right, the legal t^^.*^'^" 
 title is merged immediately into the equitable interest, and a per- 
 fect title vests in the beneficiary according to the term> and limi- 
 tations of the trust. 
 
 §229^. The technical rule that a trust cannot be limited on ausonpon 
 trust, and that, consequently, only the first tni>t is executed, is"*"" 
 abolished. 
 
 § 2297. Trusts are imidied — 
 
 1. Whenever the legal title is in one person, but the benefi- *""'*'■ 
 cial interest, either from the payment of the purchase money or 
 other circumstances, is either wholly or partially in another. 
 
 2. AYhere, from any fraud, one person obtains the title to pr»»- 
 perty which rightly should belong to another. 
 
 3. Where, from the nature of the transaction, it is manifest 
 ■that it was the intention of the parties that the person taking the 
 'legal title shall have no beneficial interest. 
 
 4. Where a trust is expressly created, but no uses are declared, 
 or are ineffectually declared, or extend only to a part of the es- 
 tate, or fiiil from any cause, a resulting trust is implied for the 
 'benefit of the grantor, or testator, or his heirs. 
 
442 
 
 FT. 2.— TIT. 5.— CHAP. 8.— Property, &c. 
 
 Article 1. — Creation and Nature of Trust Estates. 
 
 Parol evi- 
 Jenee. 
 
 Precatory 
 words. 
 
 § 2298. In all cases when a trust is sought to be implied, the 
 court may hear parol evidence of the nature of the transaction, 
 or the circumstances, or conduct of the parties, either to imply or 
 rebut a trust. 
 
 § 2299. Precatory or recommendatory words will create a trust 
 if they are sufficiently imperative to show that it is not left dis- 
 cretionary with the party to act or not, and if the subject matter 
 <jf the trust is defined with sufficient certainty, and if the object 
 is also certainly defined, and tlie mode in which the trust is to be 
 executed. 
 
 AKTICJ.E II. 
 
 OF TRUSTEES— TIIKIR APPOINTMENT. POWERS, Ac 
 
 SEcno.N". 
 
 2300. Trustees appointed. 
 
 2301. Proceeding at chaniber.s. 
 
 2302. Return to Ordinary. 
 
 2303. Liability of naked trustee. 
 
 2304. Duty of trustees. 
 
 2305. Sales by trustees. 
 230G. The same. 
 
 2307. Purchaser with notice. 
 230S. Investments in stocks. 
 2309. Profits made. 
 
 Skctiox. 
 
 i 2310. Following lunus. 
 
 2311. Dispo.'jition of income. 
 
 2312. Lien. 
 
 2313. Debts of cr.sYut (/('.e trust. 
 ] 2314. Sale b}- beneficiary. 
 
 ! 2315. Lien on estates for tru.«t funds 
 I 231G. Acceptance of trust. 
 
 2317. Extent of trustee's estate. 
 
 2318. Relief of securities on Viond. 
 2310. Compensation. 
 
 ivustoesnp- §2300. Trustccs may bc appointed bv the party creating the 
 estate, and he may confer the power of removal and appointment, 
 by the deed to the beneficiaries, prescribing the mode of its exe- 
 cution. 
 
 •odrnmbefs. § -'^^*1- Tlic Judgc of the Supcrior Court of each county, has 
 power, either in term or at chambers, on petition by all the ben- 
 eficiaries in a deed, who have arrived at years of discretion, and 
 on proper notice to the trustee, if there be one residing in this 
 State, to remove and appoint trustees, pre6{;ribing in each case 
 such terms, and requiring such bonds as in his discretion he may 
 think proper, but in no case omitting to require a bond where mi- 
 nor beneficiaries are, or ma}- be interested. The petition, notice, 
 order and other papers in such cases, if done in vacation, shall be 
 returned to the Clerk of the Superior Court, to be recorded in 
 the book of the minutes of said court. 
 
 Eeturus w S 230i'. All trustccs havino; in their hands a pecuniarv fund, as 
 
 Ordinary. ^ . . ^ . . ^ . " . 
 
 A part ot tlie trust estate, or receiving any sums of money as m- 
 
FT. 2.— TIT. 5.— CHAP. N.— Property, &c. 443 
 
 Article 2. — Of Trustees — their Appointment, Powers. &c. 
 
 come or proceeds of such estate, shall make returns to the Ordi- 
 nary, and receive commissions on such returns, under the same 
 rules and regulations as are prescribed for guardians, and such 
 returns, when allowed and recorded hy the Ordinary, shall be 
 prima facie evidence in their favor as to their correctness. 
 
 ^ 2308, A naked trustee, holding the title when possession of Liability of 
 
 ,,,„... •! 1 i^ naked trn&- 
 
 the property is with the beneficiary, is in no way responsible tor tec?, 
 its income or preservation, except where there are beneficiaries in 
 remainder, or who arc minors, and in such case he is responsible 
 only for gross neglect. 
 
 § 2304. Trustees, having possession of the trust property, are Duty ©r 
 hound to ordinary diligen(!e in the preservation and protection of "" *"**■ 
 the same. 
 
 § 2305. A trustee, unless expressly authorized by the act crea- j.^,gg ^^ 
 ting the tnist, or with the voluntary consent of all the beneficia- ^^^^^^^ 
 ries, has no authority to sell or convey the corjnis of the trust es- 
 tate, but such sales must be by virtue of an order of the Court of 
 Chancery, upon a regular application to the same ; such applica- 
 tion may be made to the Judge in vacation, on full notice to all 
 parties in interest, and the order for such sale may be granted at 
 chambers, the proceedings to be recorded, as above provided, on 
 application for appointment of trustees. 
 
 §2306. Sales by trustees, unless otherwise provided in the or- t,,,^ gjj„,g 
 der, shall be made under the same rules and restrictions, in every 
 respect, as provided for sales by administrators of estates. 
 
 §2307. The purchaser from a trustee, witli notice, actual or p^j.^,^3gg^ 
 constructive of the trust, holds as trustee for the beneficiaries;^'^'*""""- 
 if the purchase be hona fid<\ and without notice, the purchaser 
 holds the property freed from tlie trust. 
 
 § 2308. Any trustee holding trust funds may invest the same investment 
 in stocks, ])onds, or other securities, issued by this State, making 
 a true return of the price paid, and time of purchase ; such in- 
 vestments shall be free from taxation, so long as held for the 
 trust estate. Any other investments of trust funds must be 
 made under an order of the Superior Court, either in term or 
 granted by the Judge in vacation, or else at the risk of the 
 trustee. 
 
 §2309. The trustee iiiiist not use the trust funds to his own Profits mau* 
 profit. He is liable to account for all such profits made. 
 
 §2310. The beneficiary of a trust estate may follow the funds 
 
444 FT. 2.— TIT. 5.— CHAP. 8.— Pkopeety, &c. 
 
 Article 2. — Of Trustees — their Appointment, Powers, &c. 
 
 Following wherever they can be traced, and, at his option, may affirm or 
 
 ■fnnds. . 1.1. 11 J. ' ./ 
 
 reject an unauthorized investment by the trustee. 
 
 Disposition §2311. Ti'ustees are authorized, out of the income of the et^.- 
 tate, to pay all debts incurred for its protection and preservation, 
 and to appropriate a sufficiency of tlie balance for the support 
 and maintenance of the beneficiaries of the trust. lie cannot 
 encroach upon the corpus of the estate, except by order of the 
 Chancery Court. 
 
 Uen. §2312. Trustees are not authorized to create any lien upon tlie 
 
 trust estate, except such as are given bj law. 
 
 Debts of c6«- §2313. A beneficiary havinc; possession of the trust estate, or 
 
 ^w-* 5'w-« trust - ... ... 
 
 when the trustee fails or refuses to provide for its protection and 
 preservation, or for the support and maintenance of the bene- 
 ficiary, may, though a feme covert, contract debts for these pur- 
 poses. The trust estate of sucli beneficiary shall be lial)le for the 
 payment of such debts. 
 Sale by §2314. A bcueficiary of a trust estate, of full age and of sound 
 
 beneflcwry. y^^[j^^^ ^^^.^y voluntarily sell and convey any portion of her inter- 
 est in such estate to any person, except her husband or her tinis- 
 tee, and, upon application to the court, such sale may be con- 
 firmed, in the discretion of the court, and the proceeds re-inves- 
 ted under order of the court. 
 Lien ones- §2315. The cstatc of a trustee, dying chargeable with trust 
 SJfst fiends, funds in hand, shall be appro])riated, first, to the payment of 
 such indebtedness, after tlie funeral expenses, in preference to all 
 other liens and claims whatever. 
 Acceptance § 231G. The acceptance of a trust is necessary to constitute a 
 person trustee ; it may be done by acts as well as words. After 
 acceptance no disclaimer will remove the character of trustee. 
 Extent of §2317. Generally, a trustee takes an estate as large and exten- 
 
 trustee'scs- , , , . .' . , 
 
 tote. (led as the necessities oi the trust require, and no more. 
 
 Belief of § 2318. Sureties on the bonds of trustees may be relieved from 
 
 sureties. liability by the Judge of the Superior Court, either at a regular 
 term or at chambers, upon the same terms and conditions as pre- 
 scribed for the relief of sureties on the bonds of guardians by the 
 Ordinaiy. 
 
 Oompensa- § 2319. Trustccs, for their service, shall be entitled to the same 
 compenseusation as guardians for similar services. 
 
PT. 2.— TIT. ('..—CHAP. 1.— TrrLE, ^c. 445 
 
 Article 1. — Grants Generally. 
 
 TITLE VI. 
 
 OF TITLK AN]> THH MODE OV COXVKYANCK. 
 
 Chapter 1. Of irrants-. 
 
 ('hapteu 2. Of title by will. 
 
 Chai»tkk 3. Of title by descent, adiniiiistnitiini and distribution. 
 
 Chapter 4. Of title by judicial sale. 
 
 Chapter 5. Of title by contract. 
 
 Chapter 0, Of title by escheat and forfeiture. 
 
 Chapter 7. Of title by prescription. 
 
 (hiAPTER S. Of conveyances. 
 
 CHAPTER I. 
 
 t)V TITLK P,Y GRANT. 
 
 Article 1. (Generally. 
 
 Article 2. Of head rights. 
 
 Article 3. Of land lotteries. 
 
 Article 4. ( )f processioning. 
 
 ARTICLE I. 
 
 GRANTS GENERALLY. 
 
 Section. 
 
 2320. What is title. 
 
 2321. And perfect title. 
 '.'322. Origin in grant. 
 
 2323. Form of grants. 
 
 2324. Errors in grants may be corrected. 
 
 2325. Proceeding for tins purpose. 
 232G. Effect of objections. 
 
 2327. Issne — liow formed and tried. 
 
 Section. 
 
 2328. Question of law — how decided. 
 
 2329. Filing of papers. 
 
 2330. If original grant is lost. 
 
 2331. Effect of corrected grant. 
 
 2332. How grants may bo set aside. 
 
 2333. ITow impeached. 
 
 2334. Nothing taken by implication- 
 
 2335. Presumtion of a grant. 
 
 §2320. Title is the means whereby a person's right t(» prop- Avhat is u- 
 erty is established. *^'*'- 
 
 §2321. One person may liave the right of possession and am perfect 
 another the right of property. In the union of the two consists "*'^" 
 a perfect title. 
 
 § 2322. The title to all lands in this State originates in grants o.igin lu. 
 from the government, and since its independence from, tlie State.. ^™°*' 
 
446 PT. 2.— TIT. «.— CHAP. 1.— Title, &o. 
 
 Article 1. — Grants Generally. 
 
 Form of 8 2323. The form of grants heretofore used in this State ip 
 
 grants. " . ~ 
 
 hereby established, and a substantial compliance with the same 
 shall be held sufficient. 
 Errors iu § 2324. The following errors in the issuing and recording of 
 
 boTor^re^reU grauts uiaj bc corrected, viz : any error in the name or residence 
 of the grantee, or the location, or character, or boundary of the 
 land, or in any other matter or thing connected with the appli- 
 cation for, or issuing of the grant, or in recording or transcribing 
 the names of applicants for draws, or of fortunate drawers in 
 the several land lotteries, or any omission in any of the offices, 
 or on the part of any of the agents of the State, or any other 
 mistake in the recording thereof, or any other error M-hereby the 
 true grantee is deprived of, or jeoparded in his right. 
 I'rocceiiin^' §2325. lu all sucli cascs tlic application must ])e made in 
 for this pur- ^^.j^.j^jj^^j, ^y ^|jg Govcmor, and evidence produced to him that 
 notice in writing of the nature and time of the application has 
 l)een served upon every person wlio may be in any manner in- 
 terested in the question ; and if no objection be filed, and satis- 
 factory evidence of the error or mistake l)e produced and sub- 
 mitted to writing, the Governor may pass an order requiring the 
 error to be corrected, and if necessary, a new grant to be issued 
 upon the first grant being delivered up to be cancelled. 
 Kffectofob- §232(5. If objections be filed, and it shall appear that such cor- 
 jections. ^.^(.tiyii -will interfere with tlic vested rights of otlier ho/ia fide 
 claimants, the Governor shall refuse to make such correction, 
 but leave the parties to their judicial remedies. 
 Issue— how § 2327. If the fact is doubtful as to the interference with the 
 tormed and ^.^^^.^(j nghts of othcrs, the Govcmor may cause an issue to be 
 made, and to certify the same to the Superior Court of the coun- 
 tv where the land lies, requiring the court to cause the same to 
 be tried before a special jury, and have their verdict certified to 
 him. 
 iiuestionof §2328. If the doubt arises upon a question of law, the Gov- 
 d*edde'd.'' ernor may certify the same to the Judges of the Supreme Court, 
 and request their written opinion of the same to be returned to 
 him. 
 Filing of pa- §2329. All the papers and evidence upon every such applica- 
 P""' tion shall be filed and preserved in the Executive office. 
 
 If original § 2330. If the applicant for a corrected grant shall not be able 
 grant is lost. ^^ pj-Q^^^^c the oHgiual grant to be cancelled, the Governor may 
 
J*T. 2.— TIT. 0.— CHAP. 1.— Title, <fec. 447 
 
 Article 1^ — Grants Generally. 
 
 iftRUc the corrected grant, after advertisinir for six moiithB at the 
 
 expense of the apph'caiit, for any objection to he filed. 
 
 §2331. AH corrected i^rnnts shall take effect from the time of F.ff,■ftoroo^- 
 , . ,. , . . ', , 1 11 ly 1 1 not ed grants 
 
 the issue oi the original grant, but shall not aitect the vested 
 rights of hojia fidn purchasers witliout notice, and all corrected 
 grants shall ])ear upon their face a note of the correction made, 
 and the date of the Executive order under which it was made. 
 
 j5 2332. Grants issued bv the State may be set aside by the ii<"^ erant* 
 Superior Court of the county where the land lies upon a writ of a8Jd<'- 
 ^cire facias^ on the ground that the same were obtained by fraud 
 -or willful misrepresentations by the grantee, or those in privitv 
 with him, to the officers|of the State : or on the ground of collu- 
 sion between the grantee and the said ofHcers ; or of fraud, acci- 
 <lent or mistake by the officers known to the grantee. 
 
 §2333. Grants may be impeached l>efore the courts where How im- 
 they are void upon their tace, or arc issued without authority of ^^^^"^ 
 law, or against a prohibition in a statute, or for proj)ertv to Avhich 
 the State had no title. But mere irregularities in the ]>roceed- 
 ings to obtain them shall not be inrpiired into, nor can a mistake 
 in the name of the grantee be proved by parol. 
 
 §2334. A grantee of lands or a franchise takes nothing by im- Nothing' u- 
 ])lication, but is confined to the terms of his charter; but every pis^atfon'"" 
 presumption is in favor of a grant. 
 
 § 2335. Twenty years' possession of land under a claim of right, rrosump- 
 when the same is subject to entry and grant, shall authorize theS-a"".^ " 
 courts to presume a grant. 
 
 AKTICLE II. 
 
 OF hi":ai) rights. 
 
 :5ectiok. ! Section. 
 
 2336. Lands siilijcct to head rights. 2343. "Warrant. 
 
 2337. Irregularities do not avoid. &C-. , 2344. Ilis certificate ifthe land is granted. 
 
 2338. Former acts continued. 
 
 2339. Inferior Court, &c. 
 
 2340. Application for warrant, ko. 
 
 2345. False return by survej-or. 
 
 2.346. Duty of clerk. 
 
 2347. Grant — how obtained. 
 
 2341. Preference to first filed. ' 2348. Interest not subject to levy, &c. 
 
 2342. Caveat. 2349. Grants must be had in two years. 
 
 § 2336. The lauds heretofore declared by law to l)e subiect to ^^^^ v"'',. 
 
 ^ J ject to head 
 
 entry under the various acts granting head rights, shall so con-""^'*- 
 tinue without any further act extending the time. 
 
448 
 
 PT. 2.— TIT. t>.— CHAP. 1.— Title, &c. 
 
 Article 2.— Of Ilciid Rights. 
 
 Irregnlari- 
 ties do not 
 avoid past 
 i^rants. 
 
 Former acts 
 continued. 
 
 Inferior 
 Court shall 
 bo the land 
 court. 
 
 Application 
 ior warrants 
 — how made 
 
 Preference 
 lo first filed 
 or person in 
 possession. 
 
 Ciiveat. 
 
 How tried. 
 
 § 2337. All grants lieretolbre issued on warrants granted bv 
 land courts, professing to be constituted under said acts, shall be 
 held valid and good, notwithstanding one or more Justices of 
 the Inferior Court may have constituted the land court, and not- 
 withstanding any other irreguhirity not the result of, or amount- 
 ing to fraud. 
 
 § 2338, The several acts opening land courts in dilferent coun- 
 ties, and all acts amendatory of the same, shall remain in force 
 after the adoption of this Code in tlie same manner as if the same- 
 were of force prior to such adoption, except so far as changed by 
 this article. 
 
 § 2339. The Inferior Court of each county shall hereafter con- 
 stitute the land court, and all the powers of the land court, are- 
 hereby transferred to said Inferior Court, to be exercised only 
 at a regular term thereof 
 
 § 2340. All applications for warrants shall be made in A\Titing- 
 to said court, and shall specify as accurately as possible, the va- 
 cant land for whicli a warrant is sought, and written notice, at 
 least ten days before the session of the court shall be served by 
 the Sheriff or his Deputy on the person in possession, if any, and 
 on each owner of land adjoining the land alleged to be vacant, 
 if such owner resides in the county. If he is non-resident, that 
 fact shall be returned by the officer, and the court shall adopt 
 such means as it deems proper to convey notice to him. The 
 record must show the names of the persons notified, and the 
 grant shall be valid against no other owner of adjacent lands. 
 
 §2341. All such applications shall be filed by the clerk as 
 received, and when two or more applications are filed for the 
 same land the first filed shall have the preference, unless one of 
 the applicants be in actual or constructive possession, in wliich 
 case he shall have the preference. 
 
 § 2342. Any owner of the adjacent land or lands covered by 
 the application, may file a caveat to the issuing a warrant, or to 
 the granting of the land, at any time before the certified plat of 
 the same is transmitted to the office of the Secretary of State, 
 and such application and caveat shall be transmitted by said 
 court to the Superior Court of the county, to be there tried as 
 other land cases. The final judgment of the Superior Court 
 shall be certified Ijy its clerk back to the laud court. 
 
 § 2343. If no caveat is filed, or if filed is not sustained, the 
 said Inferior Court shall issue a warrant directed to tlie Coimtv 
 
PT. 2.— TIT. 0.— CHAP. 1.— Title, ifec. 449 
 
 Article 2.— Of Head Rights. 
 
 Surveyor, requiring liim to view the laud alleged to lie vacant, 
 and if upon due examination of the adjoining surveys he is 
 satisfied that the same is vacant, to make an accurate survev and Duty of 
 
 ** siirvcvor. 
 
 plat of the same and return the plat to the said court with his 
 official certificate as to its accuracy, the time of survey, and his 
 opinion that the same is vacant. Xotice of the time of survey 
 shall be given to all the owners of adjacent lands, resident 
 within the cc unity, by the County Surveyor at least ten days 
 before the time appointed, and like notice of any delay or post- 
 ponement of the time. 
 
 §234:-l-. If the County Surveyor shall be satisfied that the land hi8 oectifi- 
 is not vacant, he shall certify the tact to the court issuing theundis"** 
 warrant, with the name of the grantee or grantees, to whom, in ^™° 
 his opinion, the same has been granted, and return the warrant 
 to the court. The aiu)Hcant, if he sees proper, mav take issue 
 
 ■^ ^ '■ '^ • Issue there- 
 
 upon such return, and such issue shall be transmitted to the*"- 
 
 Superior Court, in like manner as a caveat, to be there tried. 
 
 The Superior Court shall give notice, in the most practicable 
 
 manner to the o^\^ler or owners of the old grant or grants of the 
 
 pendency of such issue before the trial of the same. If the 
 
 issue is found for the applicant the survey shall proceed. 
 
 §2345. Any County Surveyor who shall knowingly or with- Kaise return 
 out due precaution certify as vacant, land covered by a former ^•'''*"'"''*'^*""' 
 grant, shall be liable, with his sureties on his bond, to the owner 
 of such land for double the value of the same, at any time before 
 the trial of the cause. 
 
 §2346. It shall be the duty of the Clerk of the Inferior Court i>uty of 
 to record accurately all such plats as shall be ordered to be sent '''^''' 
 to the Secretary of State's office, to be granted. 
 
 §2347. When a survey of vacant land is returned by theonint-how 
 County Surveyor, and no caveat is filed, or if filed, is not sus- "''*^"^'*' 
 tained, the court shall pass an order declaring the application 
 sustained and the report of the Surveyor confirmed, and direct 
 the plat of the survey, together with a certified copy of the 
 order, to be forwarded to the oftice of the Secretary of State, 
 by whom it shall be recorded, and a grant to the land to the 
 applicant, or his assignee, shall be made and issued as in other 
 cases. 
 
 §2348. Though subject to be assigned, the interest of the i„t„r..,t no. 
 applicant in the land surveyed shall not be subject to levy and f",!'J';„'d'^aie 
 sale prior to the issuance of the grant. 
 2U 
 
450 
 
 PT. 2.— TIT. 6.— CHAP. 1.— Title, &c. 
 
 Article 2.— Of Head Rights. 
 
 Grants must 
 be had in 
 
 2349. If a grant is not applied for in two years from the 
 two years, passiug of tliB final Order by the land court, the land shall be 
 considered vacant, and subject to re-survey under head rights. 
 
 ARTICLE III. 
 
 OF LAND LOTTERIES. 
 
 Section". 
 2350. Former acts continued. 
 
 I Section. 
 
 I 235 L Reverted lots. 
 
 Former acts 
 continued. 
 
 Keverted 
 lots. 
 
 § 2350. The several acts in reference to the various land lot- 
 teries, heretofore authorized by this State, so far as the same are 
 now in force, shall remain of the same effect and validity as if 
 this Code was not adopted, except so far as the same may be 
 modified hy the operation thereof. 
 
 §2351. All lands reverting to tlie State, under the operation 
 of these laws, and not yet disposed of, and all reserves still be- 
 longing to the State, shall remain the property of the State, 
 until further action by the Legislature. And all sucli, together 
 with all ungranted lands, now within the bounds of the State, 
 and not subject to grant under its laws, are hereby pledged and 
 set apart to be appropriated by the Legislature to the cause of 
 education in this State. 
 
 Appoint- 
 
 ARTICLE ly. 
 
 PROCESSIONING. 
 
 Section. 
 
 2352. Appointment of processioners. 
 
 2353. What is processioning. 
 
 2354. Surveyor's duty. 
 
 2355. Rules in disputed lines. 
 
 2356. General reputation— when evidence 
 
 Section. 
 
 2357. Adverse possession. 
 
 2358. Protest and appeal, &c. 
 
 2359. Fees. 
 
 2360. Return. 
 
 2361. Land cut off by running stream. 
 
 § 2352. The Justices of the Inferior Court of each county, or 
 Zl&ionjr' any three of them, shall, at the second term of their court, on 
 every second year, appoint three suitable persons in every militia 
 district in the county, who shall be processioners of land for that 
 district, until their successors are appointed. Vacancies may be 
 filled in the same manner, at any time. If none are appointed, 
 the court shall appoint, at any regular term, on the application 
 of any land owner. 
 
PT. 2.— TIT. 6.— CHAP. 1.— Tfile, &c. 451 
 
 Article 4. — Processioning. 
 S2353. Every owner of land, any portion of which lies in anv what is pro- 
 
 ,.'.-,... . ■' cessioning. 
 
 district, though the remainder lies m an adjoining district, or an 
 adjoining county, wlio desires the lines around his entire tract to 
 be surveyed and marked anew, shall apply to the processioners 
 of said district to appoint a day when a majority of them, with 
 the County Surveyor, will trace and mark the said lines. Ten 
 days' written notice of the time of such running and marking 
 shall be given to all the owners of adjoining lands, if resident 
 within this State; and tlie processioners shall not proceed to run 
 and mark sucli lines until satisfactory evidence of tlie service of 
 such notice shall be produced to them. 
 
 §2354. It shall be the duty of the County Surveyor, with the surveyor's 
 processioners, taking all due precaution to arrive at the true lines, " ^' 
 to trace out and plainly mark the same. The surveyor shall 
 make out and certifv a ])lat of the same, and deliver a copy thereof piat. 
 to the applicant, and in all future disputes arising in reference to 
 the boundary lines of such tract, with any owner of adjoining 
 lands, having due notice of such processioning, such plat, and 
 the lines so marked, sliall he j^^'ima facie correct, and such plat, 
 •certified as aforesaid, shall be admissible in evidence, without 
 further proof. 
 
 §2355. In all cases of disputed lines the following rules shall uuies in dis- 
 be respected and followed : natural land marks, being less liable ^"''' 
 to change, and not capable of counterfeit, shall be the most con- 
 clusive evidence; ancient or genuine landmarks, such as corner 
 station or marked trees, shall control the course and distances 
 called for by the survey. If the corners are established, and the 
 lines not marked, a straight line, as rerpiired by the plat, shall be 
 run, but an established marked line, though crooked, shall not be 
 overruled ; courses and distances shall be resorted to in the ab- 
 sence of higher evidence. 
 
 §235G. General reputation in the neighborhood shall be evi- General 
 dence as to ancient landmarks of more than thirty years' stand- when^-v""" 
 ing, and acquiescence for seven years, by acts or declarations, of '^^°*'*- 
 adjoining land owners, shall establish a dividing line. cem:".** 
 
 §2357. Where actual possession has been had, under a claim Adverse 
 of riglit, for more tlian seven years, such claim shall be respected, ^"*'*"''''"- 
 and the lines so marked as not to interfere witli sucli possession. 
 
 §2358. Any owner of adjoining lauds, who may be dissatisfied Protest «nd 
 with tlie lines, as run and marked by the processioners and sur- perio'rc^urt 
 veyor, may tile his protest thereto, with the processioners. within 
 
¥52 FT. 2.— TIT. G.— GIIAF. 1.— Title, etc. 
 
 Article 4. — Processionine-. 
 
 thirty dajB after such lines are run and marked, specifying- therein- 
 the lines objected to, and the true line, as claimed by him; and 
 it shall be the duty of the processioners to return all the papers, 
 including the plat made by the surveyor, with such protest, to 
 the Clerk of the Superior Court of the county or counties where 
 the disputed land lies, (copies being sent to the adjoining county) 
 and it shall be the duty of the clerk to enter the same on the 
 issue docket, Jis other causes, to be tried in the same manner, and 
 under the same rules, as other cases. The verdict of the jury, 
 and the judgment of the court, shall be framed to meet the issue 
 tried and decided. 
 Fees. §2359. The applicant shall pay to each of the processioners 
 
 one dollar per day for his services, and to the County Surveyor 
 two dollars per day for his services. If a protest is filed, the coste 
 of the court shall abide the issue. 
 
 ^ 2860. The processioners shall make a return of their acts,, 
 together with the plat of the surveyor, to the Clerk of the Infe- 
 rior Court of the county, to be kept on file in his office, 
 i^nd cutoff § 2361. A\nien any water course is one of the boundary lines of 
 et«am°*°^ a tract of land, and its course shall have been changed by nature 
 or art, so that its present channel shall cut oft' a part of said land, 
 the processioners and surveyor shall certify the fact, and the plat 
 of the surveyor shall plainly mark the original and present chan- 
 nels, designating the exact quantity of land so cut oft'. 
 
PT. 2.— TIT. 6.— CHAP. 2.— Title, &c:. 453 
 
 Article 1.— Nature of Wills. &,.■. 
 
 CHAPTER II. 
 
 OF TITLK I'.Y WIL!.. 
 
 Articli: J. Of the nature (.)t' wills — by wiioiii and how executed. 
 
 viiiTicLE 2. Of probate and its effects. 
 
 Article o. Of the executor. 
 
 Akticle 4. Of devises and le^j^acies. 
 
 Article 5. Of revocation. 
 
 Article (!. Of Nuncupative wills. 
 
 ARTICLE I. 
 
 OF Till'; NATTTRK ov WllJ^-BY WlfOM AND HOW EXKOUrKD. 
 
 SEcrio.v. , Section-. 
 
 2362. AVluit is a will. ' 2.370. Kcrenlncity, imbecility, &c. 
 
 "' '"""'"■ -377. Amount of capacity necessarv. 
 
 2364. May be botli ,Ic.m1 and vvill. 2378. Wills of married women. 
 
 2.365. Mutual wills. 9379. Conviction of crime, &c. 
 
 2366. Wlien a will take eire..-i. ' 2380. Will of free negro. 
 
 2367. rower of testator. , 338 1. Of blind mutes. 
 
 2368. Will may be good in part. Xr. 2382. Interpreter. 
 
 2369. Will should be voluntary. 2383. Formalities o.' execution. 
 1370. Fi-aud vitiates. • .304. Attested by illiterate witnesses. 
 -13 (J. Mistake vitiates /)/v> /r/^i/fv - ■j'^or; rr;„,„ .c ' *. c -^ 
 .,.,_„ ^ ,. ., '^ 2o85. lime of competency of witnesses. 
 2372. Codicil. o.,^r. i7',r-„^^(. ./ , . , ^ 
 ,.^^ „^, -••'oo- J*jnect of witness being legatee. 
 
 ^37!' h!Zr^ '"'''' ' '"''■ ''^^^- ^^'^^^^^^Se of contents. 
 
 "^^ " _ ' ^- 2388. Charitable devises. 
 
 23,.. Insane persons. 2389. Discretion to executors. 
 
 §2362. A Avill is Ihcle-alexpressionof a man's wishes as to whai 
 the disposition of his property after his death. ^'"• 
 
 §23r>3. No particular form of words is necessary to constitute For. 
 a will, and m all cases, to determine the character of an instru- 
 ment, whether it is testamentary or not, the test is the intention 
 ot the maker, from the whole instrument, read in the lic^ht of the^i'r ''''* 
 surrounding circumstances. If such intention be to ^convey a" ' 
 present estate, though the possession be postponed until after his 
 •deatii, the instrument is a deed; if the intention be to convey an 
 interest accruing and having elfect only after his death, it is a 
 will. ' 
 
 _ §2804. An instrument may have effect in part as a deed, andM.,bebotu 
 .in part jis a will, even as to the same property. wIll ""** 
 
 • What is a 
 
454 PT. 2.— TIT. 6.— CHAP. 2.— Title, (fee. 
 
 Article 1.— Nature of Wills, &c. 
 
 Mutual wills § 2365. Mutual wills may be made either separately or jointly, . 
 and in such case the revocation of one is the destruction of the • 
 other. 
 
 SkeTeffeTt^ § 2366. A wiU takes eifect instantly upon the death of testator, 
 however long the probate may be post]3oned. 
 
 Power of § 2367. A testator, by his will, may make any disposition of 
 his property, not inconsistent with the laws or contrary to the 
 policy of this State; he may bequeath his entire estate to stran- 
 gers, to the exclusion of his wife and his children, but in such 
 case the will should be closely scrutinized, and upon the slightest 
 evidence of aberration of intellect, or collusion, or fraud, or any 
 undue influence, or unfair dealing, probate should be refused. 
 
 Will maybe § 2368. If a wiU be legal in part and illegal in part, that which 
 
 fnd vow'in'^' is legal may be sustained, unless the M'hole will so constitute one 
 
 ^*'"'' testamentary scheme that the legal alone cannot give effect to 
 
 the testator's intention; in such case the whole will fails. 
 
 Will should §2369. The very nature of a will recpiires that it should be 
 freely and voluntarily executed, hence anything which destroys 
 this freedom of volition invalidates a w^ill; such as fraudulent 
 practices upon testator's fears, affections, or sympathies; duress, 
 or an}- undue influence whereby the will of another is substituted 
 for the wishes of the testator. 
 
 Fraud viti- §2370. A Avill pi'ocurcd by misrepresentations or fraud of any 
 kind, to the injury of the heirs at law, is void. 
 
 Mistake vi- § 2371. A will exccutcd under a mistake of facts as to the ex- 
 
 tiatci pro . 1 P 1 1 . 1.1 . • 
 
 tanto. istence or conduct of the heirs at law of the testator, is inopera-- 
 tive, so far as such lieir at law is concerned, but the testator shall . 
 be deemed to have died intestate as to him. 
 
 Codicil. § 2372. A codicil is an addition or supplement to a will, either- 
 
 to add to, take from, or alter the provisions of the will. It must 
 
 be executed with tlie same formality as a will, and when admit- - 
 
 ted to probate, forms a part of the will. 
 
 Who may §2373. Every free person is entitled to make a will, unless la- 
 make a win., . , T. , .,. ,. -I 1 ,.-,.■,.■,. . 
 
 bonng under some disability of the law ; this disability arises 
 either from a want of capacity, or a want of perfect libert}'- of 
 action. 
 
 Infants. §2374. lufauts Under fourteen years of age are considered, 
 
 wanting in that discretion necessary to make a will. 
 
 Insane per- § 2375. All iusaiie pci'sou caiiuot generally make a will. A 
 lunatic may during a lucid interval. A monomaniac may make- 
 a will, if the will is in no way the result of, or connected with 
 
 sons. 
 
PT. 2.— TIT. 6.— CHAP. 2.— Title, (fee. 455- 
 
 Article 1. — Nature of Wills, Jcc. 
 
 that monomania. In all such cases it must appear that the testa- 
 ment does speak the wishes of the testator, unbiased by the men- 
 tal disease with which he is affected. 
 
 § 2376. Eccentricity of habit or thought does not deprive a Eccentricity 
 person of the power of makinc; a testament; old age, and the !^!"'*'""^' 
 weakness of intellect resulting therefrom, does not, of itself, con- 
 stitute incapacity. If that weakness amounts to imbecility, the 
 testamentary capacity, is gone. In cases of doubt as to the extent 
 of this weakness, the reasonable or unreasonable disposition of 
 his estate should have much weight in the decision of the ques- 
 tion. 
 
 § 2377. An incapacity to contract may co-exist with a capacity Amount of 
 to make a will ; the amount of intellect necessary to constitute cSrJf ''*" 
 testamentary capacity, is that which is necessary to enable the 
 party to have a decided and rational desire as to the disposition 
 of his property. His desire must be decided in distinction from 
 the wavering, vacillating fancies of a distempered intellect. It 
 must be rational in distinction from the ravings of a madman, 
 the silly pratings of an idiot, the childish whims of imbecility, 
 or the excited vagaries of a drunkard. 
 
 § 2378. Married women are incapable of making wills for want wiiisofmar- 
 of perfect liberty of action, being presumed to be under the con-"'''^ ''''""'"" 
 trol of tlieir husbands. A married woman may make a will in 
 the following cases — 
 
 1. Where express power to will her separate estate is reserved 
 or granted to her in the instrument creating the same, or by 
 marriage contract. 
 
 2. When having a separate estate, absolutely, or an estate in 
 expectancy, her husband consents to her disposing of the same by 
 will. 
 
 3. Where her will is in execution of a power vested in her. 
 
 4. Whenever by i-eason of the abandonment of her husband, 
 or a divorce from bed and board, or ft»r other cause, the law de- 
 clares her to have the right of a feme sole as to her own earnings. 
 
 §2371*. Conviction of crime in no case deprives a person of the Conviction 
 power of making a will, nor does any imprisonment, unless such ImSn-^"^ 
 imprisonment be used as duress to compel the person to make '""''' 
 a testament different from his own will. 
 
 § 2380. A slave cannot make a will ; a free person of color ^j,, ^f ^ee 
 may make a will. negro. 
 
456 PT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 
 
 Article 1.— Nature of WUls, &c. 
 
 mntes"*' ^ 2381, A persoii deaf, dumb and blind may make a will in 
 
 this State ; Provided^ the interpreter and scrivener are both at- 
 testing witnesses thereto, and are both examined upon the motion 
 for probate of the same. In such cases, strict scrutiny into the 
 transaction should precede the admission of the paper to record. 
 
 Interpreter. g 2382. Ill all cascs wlicu an interpreter is necessary to convej'^ 
 to the scrivener or to the witnesses the wishes of the testator, 
 such inter]>reter must be a person competent to be a Avitness, and 
 must be sworn on the motion for probate, if within tlic jurisdic- 
 diction of the court. 
 
 Formalities R 2383. All Avills {exccpt nuncupative wills,) disposiui^ of realty 
 
 of execution. ^ .... '.' i r? ^ .- 
 
 or personalty, must be in writing, signed by the party making 
 the same, or by some other person in his presence, and by his 
 express directions, and shall be attested and subscribed in the 
 presence of the testator by three or more competent witnesses. 
 Attesuition S 2384. A witucss may attest by his mark, provided lie can 
 
 by illiterate '^ , " . 
 
 witnesses, swcar to the same ; but one witness cannot subscril)e the name 
 
 of another, even in his presence and by his direction. 
 Time of §2385. The question of competency of the witness relates to 
 
 competency ?- i r . 
 
 ofwitness. \\^q \\\\\q f»f his testifying ; but a witness competent at the time 
 of attestation, cannot defeat the will by rendering himself incom- 
 petent prior to the time of probate, but in such cases his testimony 
 sliall be received, submitting its credibility to the jury. 
 
 Effector §2380. If a subscribing witness is also a legatee or devisee 
 
 witness be- i i -n i • • i i i i • 
 
 ing legatee, uudcr tlic Will, the witness IS competent, but the legacy or devise 
 is void ; but a husband may be a witness to a will by which a 
 legacy creating a separate estate is given to his wife, the fact 
 going only to his credit. 
 
 Knowledge S 2387. lu all cascs a knowledge of the contents of the paper 
 
 of contents. ^ . .,.,,. ii i 
 
 by the testator is necessary to its validity ; but usually where a 
 testator can read and write, his signature or the acknowledge- 
 ment of his signature, is sufficient. If however, the scrivener or 
 his immediate relations are large beneticiaries under the will, 
 greater proof will be necessary to show a knowledge of the con- 
 tents by the testator. 
 Charitable i^ 2388. ISTo person leaving a wife or child or descendants of 
 
 Revises "^ 
 
 ehild, shall, by will, devise more than one-third of his estate to 
 any charitable, religious, educational or civil institution to the 
 exclusion of such wife or child, and in all cases the will contain- 
 ing such devise shall be executed at least ninety days before the 
 death of the testator, or such devise shall be void. 
 
PT. 1^— TIT. 6.-CHAP. 2.-TnLE, &c. 457 
 
 Article 1.— Nature of Wills. &c. 
 
 § 2389. A testator may by will dispense with the necessity of Discretion 
 liis executor making inventory or returns; Provided, the same '''' '''"''"'**^^' 
 <loes not work any injury to creditors or third persons, other than 
 legatees under the will. 
 
 AKTICLE IT. 
 
 OF PHOliATE AND ITS EFFKCT. 
 
 Skctiok. Section. 
 
 •2:^90. Jurisdiotion of Ordinary. ' 2:^99. "Will rmiyt be filed. 
 
 2391. Probate in another comily. , 2400. Copy of wUl when established. 
 
 2392. In common form. ^ 2401. Original will to be kept of tile. 
 
 2393. In solemn form. ' 2402. Foreign will. 
 
 2394. Limitation of seven years. I 2403. Who may offer a will. 
 
 2395. Probate in vacation. i 2404. When it mnst be offered. 
 239G. Notice to heirs. ; 2405. Rennnciation final. 
 
 2397. Guardian ad Nkm for minor.-. 2400. Admission of executors or legatee. 
 
 2398. Examination by commissiou. 
 
 §239(». The Court of Ordinary has exclusive jurisdiction over junsdictio. 
 the probate of wills. The residence of testator at his death gives "' "'■''""''^• 
 jurisdiction to the Ordinary of that county. 
 
 §2391. If the testator shall die out of the county of his resi- Probato in 
 dence, and the witnesses to his will shall reside in the county cou*;: 
 where he died, the Ordinary of the latter county may receive 
 the probate in common form of such will, and transmit it, certi- 
 lied under his seal of office, together with tlie original will, to 
 the Ordinary of the county of the residence : and such certified 
 probate shall authorize the latter court to grant probate and ad- 
 mit to record in common form, and to grant letters testamentary 
 or of administration therein ; Pnnu'da/, (divm/s, that no caveat 
 is filed to such j^robate and record. 
 
 ^ § 2392. Probate of a will may be either in common or solemn inc»mm<« 
 form. In the former case, upon the testimony of a single sub-^"™' 
 scribing witness, and without notice to any one, the will may be 
 proven and admitted to record. But such" probate and record is 
 not conclusive upon any one interested in the estate adversely to 
 the will ; and if afterwards set aside, does not protect the execu- 
 tor in any of his acts further than the payment of the debts of 
 the estate. Purchasers under sales from him legally made, will 
 be protected if ho7ia fide and without notice. 
 
 § 2393. Probate by the witnesses, or in solemn form, is where ^" "''•^"'« 
 after due notice to all the heirs at law. the will is proven by all '^^'""' 
 
458 
 
 PT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 
 
 Article 2.— Of Probate and its Effects. 
 
 Limitation 
 of seven 
 years. 
 
 the witnesses in existence, and within the jurisdiction of the- 
 court, or by proof of tlieir signatures, and that of the testator,, 
 the witnesses being dead, and ordered to record, such probate is 
 conehisive upon all the parties notified, and all the legatees 
 under the will who are represented in the executor. 
 
 § 23H4-. Probate in common form, becomes conclusive upon 
 all })arties in interest after the expiration of seven years from tlie 
 time of such probate, except minor heirs at law, who require 
 proof in solemn form, and interpose a caveat at any time within 
 four years after arrival at age. In such cases, if the will is refused 
 probate and record in solemn form, an intestacy shall be declared 
 only as to such minor, and noc as to others whose right to caveat 
 is barred by lapse of time. 
 
 §2895. Probate in common form, may l)e taken by the Ordi- 
 nary at any time during vacaHon, but the order admitting the 
 will to record, and granting letters testamentary, shall be granted 
 only at a regular term, 
 
 §289<). Notice of a motion ftr ])rol»ate in solemn form must be 
 personal, if the party resides in the State, and at least ten days 
 before the term of the court when the probate is to be made; if' 
 the residence be -without the State or unknown, then the court 
 shall pass such order, as to publication, as will tend most etfect- 
 nally to give notice. The records of the court shall show the- 
 persons notified, and the character of the notice given. 
 
 §2397. If any of the pensons interested as heirs be minors, or- 
 
 Probate in 
 vacation. 
 
 Notice to 
 heirs. 
 
 Guardians 
 
 minors."' "'of uusouud mind, guardians ad litem shall be appointed by the- 
 
 Examina- 
 tion by com 
 mission. 
 
 Will mnst 
 b« filed. 
 
 court, or the probate shall not be conclusive as to them. 
 
 §2398. "Witnesses to wills may be examined by commission, 
 in the same cases, and under the same circumstances, as other 
 witnesses in other eases, and the Ordinary shall have power to 
 issue commissions to take testimony, and to compel the attend- 
 ance of witnesses in like manner with the Superior Court. 
 
 § 2399. Every person having possession of a will must tile the 
 same with the Ordinary of the county having jurisdiction, and, 
 on failure to do so. the Ordinary may issue process as for con- 
 tempt, and fine and imprison the person thus withholding the 
 paper, until the same shall be delivered. 
 
 Copy of a §2400. If a will be lost or destroyed subsequent to the death,. 
 
 established, or witliout the couscut of the testator, a copy of the same, clearly 
 proved to be such by the subscribing witnesses and other evi- 
 dence, may be admitted to probate and record iu lieu, of the 
 
FT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 459 
 
 Article 2. — Of Probate and its Effects. 
 
 original ; but in every siieli case, the presumption is of revoca- 
 tion by tlie testator, and tliat presumption must be rebutted by 
 proof. 
 
 S 2401. The original will, when proved and recorded, shall re- original" 
 
 <^ ^ , will &c. 
 
 main of Hie in the office of the Ordinary, and certified copies 
 thereof sliall be evidence in any cause and in any court in this 
 State. 
 
 § 2402. If a party claims title to personalty in this State, under Foreign win 
 a will of a non-resident, executed and admitted to probate in an- 
 other State, a copy of said will, and the probate thereof, and the 
 order admitting the same to record, according to the laws of such 
 other State, when properly certified under the laws of the Con- 
 federate States, shall be admitted in evidence in place of the 
 original. 
 
 § 2403. The right to offer a will for probate belongs to the ex- who may 
 ecutor, if one be named. If the executor be dead, or non-resi- 
 dent, or refuses to act, or none be named, any person interested 
 may offier the will for probate. 
 
 § 2404. The executor must offer the will for probate as soon as when it 
 
 11 i' 111 1 Tp 1 •! niust be 
 
 practicable alter the death, and must quality, unless restrained offered, 
 by the will, within twelve months after the same is admitted to 
 record. If he fails to offer it for probate for an unreasonable 
 time, or is not qualified within the time specified, he shall be 
 deemed to have renounced his right as executor. If, however, 
 there are several executors, and one (pialifies in the time speci- 
 fied, and afterwards dies, or is removed, another may then qualify 
 within twelve months from the decease of his co-executor, and be 
 entitled to all the rights of an originall}^ qualified executor. 
 
 § 2405. An executor who has, either formally or by operation Kenuncia- 
 of law, voluntarily renounced his trust, cannot afterwards relieve ' 
 himself from the effect of such renunciation. 
 
 § 2406. On the investigation of an issue of derisamt vel nou, Admission 
 the admission of an executor, before qualification, or of a legatee, &c. 
 (unless the sole legatee,) sliall not be admissible in evidence to 
 Impeach the will, except the admission be in reference to the 
 conduct or acts of the executor or legatee himself, as to some 
 matter relevant to the issue. 
 
 ««? m. 
 
460 PT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 
 
 Article 3. — Of the Executor. 
 
 ARTICLE III. 
 
 OF THE EXECUTOR. 
 
 Section. iSECiiOK. 
 
 2407. Power before probate. i 2413. iJc son tort. 
 
 2408. A])poiiitment — how made. ! 2414. Interest of e.xecutor. 
 
 2409. Adniiniptrator with will annexed. 2415. Bond of executor. 
 
 2410. Y.xQCMiov de son tort ' 2416. Powers, duties and liabilities. 
 
 2411. Oath of executor. 2417. When more than one' executor. 
 
 2412. Marriiige of female executrix. 2418. Foreign executor. 
 
 Tower b«- §2407. So soon as the probate of the will is made in common 
 
 ifore pro- '- ^ i 
 
 bat*. form, in vacation, and before it is admitted to record, and before 
 
 qualification, the executor named therein maj exercise all the 
 powers of a temporary administrator as to tlie collecting and pre- 
 serving the estate ; but if a caveat is filed to the record of the 
 will, pending the investigation of such ca/ceat^ even though the 
 executor may have been qualified on proof in common form, the 
 Ordinary, in his discretion, may require of him a bond as tempo- 
 rary administrator on such estate. 
 
 Appoint- § 2408. No formal words are necessarv to the appointment of 
 
 iinent — how " •/»/»i''ii j 
 
 made. an executor. Any expression of confidence by the testator, and 
 a desire that such an one shall carry into effect his wishes, will 
 amount to an appointment as executor. Citizens of this State 
 only are eligible to be executors. An infant may be appointed, 
 but cannot qualify until of age, unless expressly direc^ted by the 
 testator. 
 
 Administrfl- § 2409. If no exccutor is appointed, or can or will serve, ad- 
 ministration, with the will annexed, shall be granted by the Or- 
 dinary, under the same rules as shall be prescribed for the grant- 
 ing of administration generally; and such administrator, when 
 so appointed, shall have all the powers of the executor, except 
 such as manifestly arise from personal trust and confidence placed 
 in the executor named. 
 
 Executor § 2410. If auv pcrsou, without authoritv of law, wrongfully in- 
 
 termeddles with, or converts to his own use the personalty of a 
 deceased individual, whose estate has no legal representative, he 
 shall be held and deemed an executor in his own wrong, and as 
 such shall be liable to the creditors and heirs, or legatees of such 
 estate, for double the value of the property so possessed or con- 
 verted by him ; nor shall such executor be allowed to set oflf any 
 debt due to him by the deceased, or voluntarily paid by him out 
 
FT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 461 
 
 Article 3. — Of the Executor. 
 
 of the assets. If such executor dies, liis legal rcpreseutativei* 
 shall be liable iu the same manner, and to the same extent, as if 
 he was still living. 
 
 §2411. Ever}"^ executor and administrator, with the ^s•ill an-o^tiiof 
 nexed, upon <|ualiiication, shall take and subscribe the following'^""'"" 
 oath : 
 
 " I do solemnly swear that this writing contains the true last 
 will of the within named A. B., deceased, so far as I know or be- 
 lieve, and that I will Avell and truly execute the same in accord- 
 ance with the laws of tliis State. So help me God." 
 
 §2412. The marriage of a female executrix abates her letters. Maniagro of 
 The Ordinary, in his discretion, may grant letters of administra- J^mx'^^' 
 tion, to lier husband, with the will annexed. Until the appoint- 
 ment of a representative of the estate, the husband may act in 
 right of liis wife, and shall he responsible as if he was executor, 
 
 § 2413. The marriage of an executrix, in her own wrong, does im ma. tort. 
 not affect her liability, l.)iit the liusband shall be jointly liable 
 with her. 
 
 §2414. The executor shall take no benelicial interest, under interest of 
 any will, (except his commission) unless the same be expressly ''^^"^*^'' 
 given to him by will ; but, in every case, the executor or admin- 
 istrator, with the will annexed, shall be entitled to possess and 
 administer the entire estate, although any part thereof be i^nde- ,p^„^tgg „r 
 idsed, holding the residuum, after payments of debts and lega- '"^s'''"""!- 
 cies, for distribution according to the laws of this State. 
 
 §2415. An executor is not required to give bond on qualifica-]$oiuiofo.x- 
 tion, but the Ordinary, on his own motion, or u])on the represen- ''*"'*"^' 
 tation of any person in interest that an executor is mismanaging 
 the estate, or is about to remove it without the State, may require 
 such executor to show cause why he should not give bond and 
 security for the taithful execution of his trust, and on failure to 
 give l)ond, when and as required, the Ordinary may revoke his 
 letters, and appoint another representative for the estate. The 
 executor wlio has given bond shall stand on the same footing, and 
 be liable to all the rules and regulations hereinafter prescribed in 
 reference to the bonds and sureties of administrators. 
 
 §241G. All the provisions of this Code, with reference to ad- Powers, <iu- 
 
 ministrators of estates, prescril)ing the commissions allowed toHUtie"' 
 them, their duties, powers, and liabilities, the mode of atfecting 
 sales, of making and receiving titles to property sold or purchased 
 by their intestates, of investing the funds, of obtaining letters of 
 
462 
 
 PT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 
 
 Article 3. — Of the Executor. 
 
 When more 
 than one ex- 
 ecutor. 
 
 Foreign ex- 
 ecutor. 
 
 dismission, of removing proceedings to the county of their resi- 
 dence, of compelling settlements before the Ordinary, and in all 
 other matters in their nature applicable to executors, shall be 
 held and taken to apply to, and include, executors, to the same 
 ■^extent as if they were named therein. 
 
 § 2417. If several executors are named in the will, one or more 
 qualifying sliall be entitled to execute all the trusts coniided to 
 all, unless specially prohibited by tlie will; if more than one 
 qualifies, each is authorized to discharge the usual functions of 
 an executor, but all must join in executing special trusts. Each 
 executor is responsible for his own acts only, unless, by his own 
 act or gross negligence, he has enabled or permitted his co-execu- 
 tor to waste the estate. 
 
 § 2418. Executors qualified according to the law of their domi- 
 cil, upon wills properly admitted to probate in another State, 
 upon filing with the court a certified copy of such proceedings, 
 shall be entitled to use all the processes and remedies prescribed 
 by the laws of this State, in the same manner as if qualified un- 
 der the laws of this State ; if not filed before suit brought, the 
 court may allow such certified copy to be filed afterwards, on 
 such terms as it may prescril)e. 
 
 
 
 ARTICLE lY. 
 
 
 OF 
 
 DEVISES AND LEGACIES. 
 
 Section'. 
 
 
 Section-. 
 
 2419. 
 
 Assets to pay debts. 
 
 
 2429. After acquired property 
 
 2420. 
 
 p:ffect of. &c. 
 
 
 2430. Lap.sed legacy. 
 
 2421. 
 
 Assent of one. 
 
 
 2431. Ademption of legacy. 
 
 2422. 
 
 Meaning of words. 
 
 
 2432. Substitution. 
 
 2423. 
 
 Gifts of income. 
 
 
 2433. Election. 
 
 2424. 
 
 Intention of testator. 
 
 
 2434. Conditions. 
 
 2425. 
 
 Parol evidence on ambiguities. 
 
 2435. Payment of debts. 
 
 2426. 
 
 General and specific legacies. 
 
 2436. Bequest of charity. 
 
 2427. 
 
 Income goes with corpus. 
 
 2437. Executor}' devise. 
 
 2428. 
 
 Interest on legacies. 
 
 
 
 As-ets to § 21:19. All property, both real and personal, in this State, be- 
 pay debts, jj-^g asscts to pay debts, no devise or legacy passes the title until 
 the assent of the executor is given to such devise or legacy. 
 
 § 2420. The assent of the executor may be presumed from his 
 conduct, as well as his expressed consent ; the executor, however, 
 cannot, by assenting to legacies, interfere with the rights of credi- 
 
 Effect of. <kc. 
 
PT. 2.— TIT. 6.— CHAP. 2.— Title, &c. 463 
 
 Article 4. — Of Devises and Learacies. 
 
 tors, nor can he, by capriciously witliholdihg his assent, destroy 
 the legacy. In equity, the legatee may compel him to assent. 
 
 §2421. If there are several qualified executors, the assent of Assent of 
 one vests the title in the legatee, unless the otlier has actual pos- ""'' 
 session of the property. 
 
 §2422. No particular words are necessary to a devise or be- Meaning of 
 quest. "Lend" will be construed to mean "give," unless the'' *"^'*' 
 context requires its restricted meaning. 
 
 § 2423. An unconditional gift of tlie entire income of property. Gifts of in- 
 or interest accruing from a fund, will be construed into a gift of ''""'^ 
 the property or fund, unless the provisions of tlie will retpiire a 
 •more limited meaning. 
 
 §2424. In tlie construction of all legacies, the court will seeki„tentionof 
 diligently for the intention of the testator, and give effect to the *^^"'*'"'' 
 same, as far as it may be consistent with the rules of law, and to 
 this end the court may transpose sentences or clauses, and change 
 •connecting conjunctions, or even supply omitted words in cases 
 where the clause, as it stands, is unintelligible or inoperative, and 
 Ihe proof of intention is clear and unquestionable; but if the 
 clause, as it stands, may have effect, it sliall be so construed, how- 
 -ever well satisfied the court may be of a different testamentary 
 intention. 
 
 §2425. "When called upon to construe a will, the court may Pamiovi- 
 liear parol evidence of the circumstances surrounding the testa- ami^t^dties. 
 tor at the time of its execution, so the court jnay hear parol evi- 
 dence to explain all ambiguities, both latent and patent. 
 
 § 2426. Legacies may be either general or specified. A spe- Geiurai anu 
 cific legacy is one which operates upon property particularly gades.*^ ^'^" 
 designated. A gift of money to be paid from a specified fund is 
 nevertheless a general legacy. 
 
 §2427. The income, profits or increase of specific legacies, as a in.ome goes 
 .general rule, go with the legacy, though the time of enjoyment '"^*"'°'^''"'*' 
 •or of vesting may be postponed. 
 
 § 2428. A general legacy usually bears interest from the expi- interest on 
 ration of twelve months from the death of the testator. But ^'"''''''^*' 
 ^vhen the condition of the estate at that time, as to the payment 
 of debts and legacies, is doul^tful, or the fund out of which the 
 legacy is to be paid is unavailable for all the charges nuide upon 
 it, or any other equitable circumstance intervenes, the general 
 «. rule yields to the equity and necessity of the particular case. A 
 
i64 
 
 FT. 2.— TIT. 6.— CHAP. 2.— Title, *fec. 
 
 
 Article 4. — Of Devises and Legacies. 
 
 t-d jiroperty. 
 
 «i«B. 
 
 «f legacy. 
 
 Substitution 
 
 general legacy to be paid at a future time or event bears no in- 
 terest until such time or event. 
 
 .uu^racquir- § 2429. All propcrtv acquired subsequent to the making of the 
 will, shall pass under it, if its provisions l)e sufficiently l)road to- 
 embrace such property. 
 
 Lapsed letra- §2480. If a legatee dies before the testator, or is dead when 
 the will is executed, but shall have issue living at the death of 
 testator, such legacy if absolute and without renuiinder or limi- 
 tation, shall not lapse, but shall vest in the issue in the same pro- 
 portions as if inherited directly from their deceased ancestor. 
 
 Ademption §2431. A legacy is adeemed or destroyed, wholly or in part, 
 wlienever the testator, after making his will during his life, de- 
 livers over the property or pays the money bequeathed to the 
 legatee, either expressly or by implication, in lieu of the legacy 
 given, or when the testator conveys to another the specific pro- 
 perty bequeathed, and does not afterwards become possessed of 
 the same, or otherwise places it out of the power of the executor 
 to deliver over the legacy. If the testator attempts to convey 
 and fails for any cause, the legacy is still valid. 
 
 § 2432. If the testator exchanges the ]n-operty bequeathed for 
 other of the like character, or merely changes the investment of^ 
 a fund bequeathed, the law deems the intention to be, to substi- 
 tute the one for the other and the legacy shall not fail. 
 
 Kievtion. §2433. A legatee taking under a will must allow, as far as he 
 
 can, all the provisions of the will to Ije executed. Hence, if he 
 has an adverse claim to the will, he will l)e required to elect, 
 Avhether he will claim under the Avill or against it. The mere 
 fact of being a creditor does not constitute a case of election. 
 
 § 2434. A condition in terrorem is void, unless there is a limi- 
 tation over to some other person, in which event the latter takes. 
 Conditions which are impossible, illegal or against public policy, 
 are void. 
 
 Payment of § 2435. Uuless otlicrwise directed, the debts of a testator should 
 be paid out of the residuum. If it prove to be insufhcient, then 
 general legacies must abate })ro rata, to make up the deficiency. 
 If they are insufficient, then specific legacies should abate in the 
 same manner. If the executor has assented to the legacies, and 
 the legatees are in possession after exhausting the assets in the 
 hands of the executor, the creditor may proceed against each 
 legatee for h\&pro rata share. For the papnent of debts, realty 
 and personalty shall be alike liable. 
 
 Conditions. 
 
 debt*. 
 
PT. 2.— TIT. 6.— CHAP. 2.— Title, ^c. 
 
 Article 4. — Of Devises and Legacies. 
 
 S 243t'». A devise or bequest to a charitable use will be sustain- Boqnest to 
 
 1 • 11 11- charity. 
 
 ed and carried out in this State, and m all cases where there is a 
 general intention manifested by the testator to effect a certain 
 purpose, and the particular mode in which he directs it to be 
 done fails from any cause, a Court of Chancery may, by approx- 
 imation, effectuate the purpose in a manner most similar to that 
 indicated by the testator. 
 
 §2-i37. An executory devise is such a future disposition ofEsecnton- 
 property as would fail as a remainder l>y reason of some technical '''^^'^^' 
 defect, but which if not violative of the policy of the law, will 
 be sustained when tound in a will. 
 
 AKTICLE V. 
 
 OF RKYOCATTON. 
 
 Shction. 1 Section. 
 
 2438. Revocailon. i 2443. Implied revocatiou. 
 
 2439. P]xpress or rcsuliing. i 2444. Inconsistent provisions. 
 
 2440. How executed. | 2445. Revocation by marriage, ic. 
 
 2441. Cancellation. ; 244G. Re-publication — how effected. 
 
 2442. Intention to revoke. , 
 
 § 2438. A will having no effect until the death of the testator, Revocation. 
 is necessarily revocable by him at any time before his death, and 
 even in case of mutual wills with a covenant against revocation, 
 the power of revocation remains. 
 
 § 2439. A revocation may be either express or resulting. An Express or 
 express revocation is where the maker by writing or acts annuls '■'^*"'''°^- 
 the instrument. An implied revocation results from the execu- 
 tion of a subsequent inconsistent will. The former takes effect 
 instantly, or independent of the validity or ultimate fate of the 
 will, or other instrument containing it. The latter takes effect 
 only when the subsequent inconsistent will becomes effectual, 
 and hence, if from any cause it fails, the revocation is not com- 
 pleted, 
 
 § 2440. An express revocation, by written instrument, must be uow 
 executed with the same formality, and attested by the same num- ^''**'" 
 ber of witnesses, as are requisite for the execution of a will. The 
 destruction of a will, expressly revoking all former wills, does 
 not revive a former will, unless subsequently re-published. In Re-pubiica- 
 such cases, the re-publication may be proved by parol. 
 30 
 
466 PT. 2.— TIT. 6.— CHAP. 2.— Title, c^^c. 
 
 Article 5. — Of Revocation. 
 
 cancciia- § 24:-l:l. All Gxpress revocation may be effected by any destrnc- 
 tion or obliteration of the original will, or a duplicate done by 
 the testator, or by his directions, with an intention to revoke ; 
 such intention, will be presumed from the obliteration or cancel- 
 ling of a material portion of the will ; but if the part cancelled 
 be immaterial, such as the seal, no such presumption arises. 
 
 Intention to § 2442. lu all cascs of rievocation, the intention to revoke is 
 necessary to make it effectual. An express clause of revocation 
 will not operate upon a testamentary ]>aper, where it is -manifest 
 that such was not the intention. 
 
 Implied § 244.'). An implied revocation extends only so far as the in- 
 
 rcvocation. ^^^j-^gj^g^gj^y^, cxists. Any portion of the first will, which can stand 
 consistently with the testamentary scheme, and bequests made in 
 the last, shall remain unrevoked. 
 
 Inconsistent §2444. AVlicii there are inconsistent provisions in the same 
 will, the latter must prevail. 
 
 provisions. 
 
 iievocatioii g 2445. lu all cases, the marriage of the testator, or the birtli 
 
 ria^r&c. of a child to him, subsequent to the making of a will in which 
 
 no ])rovision is made in contemplation of sucli an event, sliall be 
 
 a revocation of the will. 
 
 Ke-inibii.;i § 244(). A codicil, ]>roperly executed, and aimexed to a revoked 
 
 eXcT-.r' will, shall amount to a re-publication of the same. Any writing 
 
 executed Avith all the formalities retpiired for a M'ill, may operate 
 
 as a re-publication. A re-publication of the same paper, in the 
 
 presence of three witnesses, who shall subscribe as additional at- 
 
 testino- M'itnesses, shall be good. A parol re-})ublication, in the 
 
 in-esence of the original witnesses to the will, shall be good. 
 
 ARTICLE YI. 
 
 OF XUXCUPATIYE WILLS. 
 
 Section-. Sectiox. 
 
 2447. XuucupativxMvills — wlien urantcd. 2449. Notice to heirs. 
 
 2448. When proved. 2450. All property passes. 
 
 Nuncupa- § 2447. No uuiicupative will shall Ije good that is not proved 
 when""*" by the oaths of at least three competent witnesses that were pre- 
 sent at the making thereof, nor unless it be proved that the tes- 
 tator, at the time of pronouncing the same, did bid the persons 
 present, or some of them, bear witness that such was his will, or 
 to that effect, nor unless such nuncupative M-ill was made in the 
 
 granted- 
 
PT. 2.— TIT. G.— CHAP. 2.— Title, &c. 467 
 
 Article 6. — Of Xuncnpative Wills. 
 
 time of the last sickness of the deceased, and in the house of his 
 habitation or dwelling, or Avhere he hath been resident for the 
 space of ten days, or more, next before the making of such will, 
 except where such person Avas surprised or taken sick, being from 
 liis own liome, and died l)efore he returned to tlie place of his 
 <lwelling. 
 
 §24:48.^ Api^lication for probate of a nuncupative Avill, must be when 
 made before the court within six months after the death of the ^"'^'"^' 
 testator, and the substance of the testamentary dispositions must 
 be reduced to writing Avitliin thirty days after the speaking of 
 the same. 
 
 § 2449. I^pon all a]i]ilications for probate of nuncupative wills, Notic- 1., 
 the same notice must be given to the heirs at law, as required on *"''"• 
 probates in solemn form of other wills. 
 
 _ §2450. All property, real and personal, may ])ass by nuncupa- ah property 
 tive M'ills properly made and proved. may pass, &c 
 
 CHAPTER III. 
 
 OF TITLE BY DESCi'INT AXU ADMIXISTRATION. 
 
 Article 1. Of inheritable property and the rebitive rights. c-Jic. 
 Article 2. Of administration. 
 
 ARTICLE I. 
 
 OF TXTrKRlTABLK PROPERTY AXD THE RELATIYK RKIHTS OF THl<: 
 HEIRS AXD ADMINISTRATOR. 
 
 Section-. [Sectiox. 
 
 2451. Descent to lieir. 2454. Right of administrator. &c. 
 
 24o2. Rules of inheritance. 2455. May recover of heirs. 
 
 245;'. Property to /raie coce/V. | 
 
 § 2451. Upon the death of the owner of any estate in realty or ])e...t to 
 negroes, which estate survives him, the title vests immediately'"" 
 m his heirs at law. The title to all other property owned by 
 him vests in the administrator of his estate for the benefit of tlie 
 heirs and creditors. 
 
 p452. The following rules shall determine who are the heirs Rules or 
 at law ot a deceased person : mberuance. 
 
 1. The husband is sole heir of his intestate wife. 
 
468 PT. 2.— TIT. 6.— CHAP. 3.— Title, &c. 
 
 Article 1. — Of Inlieritable Property, &c. 
 
 2. If the intestate dies without children, or the descendants of 
 cliildren, leaving a wife, the wife is his sole heir. 
 
 3. If there are children, or those representing deceased chil- 
 dren, the M'ife shall have a child's part, unless the shares exceed 
 live in numher, in which case the wife shall have one-tifth part 
 of the estate. If the wife elects to take her dower, she has no 
 farther interest in the realty. 
 
 4. Children stand in the first degree from the intestate, and in- 
 herit equally all property of every description, accounting for ad- 
 vancements as hereinafter explained. Posthumous children stand 
 upon the same footing with children in being upon all questions 
 of inheritance. The lineal descendants of children stand in the 
 place of their deceased parents ^ and in all cases of inheritance 
 from a lineal ancestor, the distribution is^v/' stirpe and not ^x-/' 
 capita. 
 
 5. Brothers and sisters of the intestate stand in the second de- 
 gree, and inherit, if there is no widow, or child, or rejiresenta- 
 tive of child. The half-blood on the paternal side inherit equally 
 with the whole blood. If there is no brother or sister of the 
 whole or half-blood on the paternal side, then those of the half- 
 blood on the maternal side shall inherit. The children or grand- 
 children of brothers and sisters, deceased, shall represent and 
 stand in the place of their deceased parents, but there sliall l>e no 
 representation farther than this among collaterals. 
 
 G. The father, if living, inherits e<jually with brothers and sis- 
 ters, and stands in the same degree. If there be no father, and 
 the mother is alive, and a widow, she shall iidierit in the same 
 manner as the father would. If the mother is not a widow, she 
 shall not l)e entitled to any portion of such estate, unless it shall 
 be that of the onl}" or last surviving child of the mother, in which 
 event she shall take as if unmarried. 
 
 7. In all degrees more remote than the foregoing, the paternal 
 and maternal next of kin shall stand on an eoual footing. 
 
 8. First cousins stand next in degree ; uncles and aunts inherit 
 equally with cousins. 
 
 9. The more remote degrees shall be determined by the rules 
 of the canon law, as adopted and enforced in the English Courts^ 
 prior to the fourth day of July, A. D. 1776."=^' 
 
 *For rules of inlieritance among illegitimates, f?ee Title 11. Chapter 11, Article 2. 
 
PT. 2.— TIT. C— CHAP. ;3.— Title. &c. 469 
 
 Article 1. — Of Inheritable Property, kc. 
 
 §2453. AVhenever any fe?)ie covert, havino; a child, or children. Property de- 
 
 , ^ . . 1 • 11 . scendingto 
 
 by a K>riner marriage, i>. or becomes, entitled to property, by in-A'"« c(yB<»~t. 
 heritance, at any time, or devise, antecedent in date to her last 
 marriage, and not in trust, the possession of which is not obtain- 
 •ed prior to such marriage, such pru})erty shall not belong to the 
 husband of such ^fems covert, but shall be equally divided be- 
 tween all the children of such ^eme covert, living at the time 
 when possession is obtained, and &i\c\iye)ne covert. The portions 
 of such feme covert, and her children by her last husband, shall 
 alone be subject to be reduced to possession by, and the title vest 
 in, such husband. 
 
 § 2454. Upon the appointment of an administrator, the right itight of ad-' 
 to the possession of tlie whole estate is in him, and so long as to possess 
 such administrator continues, the right to recover possession of 
 the estate from tliird ]»ersons is solely in him. If there be no ad- 
 ministration, or if the administrator appointed consents thereto, 
 the lieirs at law may take possession of the lands and slaves, or 
 may sue therefor in their own right. 
 
 § 2455. The administrator may recover possession of any part May recorer 
 •of the estate from the heirs at law, or purchasers from them ; but "^ *'*^'™ 
 in order to recover lands or slaves, it is necessary for him to show, 
 upon the trial, either that the property sued for has been in his 
 possession, and, without his consent, is now held by the defen- 
 dant, or that it is necessary for him to have possession for the 
 purpose of paying the debts, or making a proper distribution. 
 An order for sale or distribution, granted by the Ordinary, after 
 notice to the defendant, shall l)e conclusive evidence of either 
 fact. 
 
470 
 
 PT. 2.— TIT. 0.— CHAP. 3.— AllT. 2.— Title, &c. 
 
 Section 1. — Different kind of Administrators, &c. 
 
 ARTICLE II. 
 
 iJF ADMINISTRATION. 
 
 Section 1. Difterent kinds of administrators, tVc. 
 
 SixTioN 2, Of their appointment, bonds and removal. 
 
 Section 3. Of inventories, appraisements and returns. 
 
 Section 4. Of managing the estate and paying debts. 
 
 Section 5. Of receiving and making titles on bonds for titles 
 
 Seihton <), Of administrators' sales. 
 
 Section 7. Of distribution, advancements, i^^-c, for family. 
 
 Section 8. Of commissions and extra compensation. 
 
 Section 9. Of final settlements and receipts, &c. 
 
 Section 10. Of letters of dismission and resignation. 
 
 Section 11. C)f removing proceedings to another cftunty. 
 
 Section 12. Of foreign administrators, tJcc. 
 
 Temporary 
 
 letters. 
 
 Ptndtnte 
 lite. 
 
 n<m. 
 
 SECTION 1. 
 
 DIFFKRKNT KINDS OF ADMINISTRATORS. AND RULES OF GRANTING 
 
 LETTERS. 
 
 Section'. 
 
 2461. R\dcs lor granting letters. 
 
 2462. Clerk — when to be administrator. 
 246;i. Survivorship among administrators 
 2464. Need not be per.?on citing. 
 
 Section'. 
 
 2456. Temporary letters. 
 
 2457. Pendente lite. 
 
 2458. De bonis non. 
 
 2459. With tlie will annexed. 
 
 2460. Citizens only qnalificd. 
 
 § 2450. The (Ordinary may, at any time, grant temporary let- 
 ters o f administration upon any unrepresented estate, for the pur- 
 pose of collecting and taking care of the effects of the deceased^ 
 to continue and have effect until permanent letters are granted, 
 and from the order granting temporary letters there shall be no 
 appeal. 
 
 §2457. Pending an issue of devisavU vel non, upon any paper 
 propounded as a will, temporary letters of administration may 
 be granted, unless the will has already been admitted to probate 
 in common form and letters testamentary issued. 
 
 §2458. Administration de honis non is granted upon an estate 
 already partially administered, and, from any cause, unrepre- 
 sented. 
 
PT. 2.— TIT. (I.— CHAP. 3.— ART. 2.— TrrLE, &c. i71 
 
 Section 1 . — Different kind of Administrators, itc. 
 
 ^ 2459. Administration witli the will annexed, is o;ranted where with the 
 tlie deceasQd died testate, but no executor appears to qualify and e<i. 
 execute the will. If the executor appointed is dis<jualified, for 
 want of age, the letters may be granted until the disability ceases. 
 
 §2460. Xone but citizens of the Confederate States, residing citizens on- 
 in tlie State of Georgia, are qualified to be made administrators, ^^'i"'''^'"''*^- 
 
 §2461. In tlie granting of letters of administration of auyKuicsfor 
 kind, the following rules shall be observed, the applicant being, fei^ '""^ '' " 
 in all cases, of sound mind, and laboring under no disability — 
 
 1. The husband or wife surviving, irrespective of age, sliall be 
 tirst entitled. 
 
 2. The next of kin, at the time (jf the death, according to the 
 law declaring relationship and distribution, shall be next entitled; 
 1)ut if tlie party died testate, the person most beneficially inter- 
 ested under the will sliall have the preference. Eolations by con- 
 sanguinity shall be preferred to those by affinity. 
 
 3. If there l)e several of the next of kin, equally near in de- 
 gree, the person selected in writing by a maiority of those inter- 
 ested as distributees of the estate, and who are capable of ex- 
 pressing a choice, shall be appointed. 
 
 4. If no such preference is expressed, the ( )rdinarv may exer- 
 cise his discretion in selecting the one best qualified for the office. 
 
 5. Where no ajjplication is made by the next of kin, a creditor 
 may be appointed ; and among creditors, as a general rule, the 
 one having the greatest interest will be preferred. 
 
 6. The persons entitled to an estate may select a disinterested 
 person as administrator, and, if <)t]ierwise qualified, he shall be 
 apj:)ointed. 
 
 7. The person entitled to administration may desire a third 
 person associated vrith him in tlie administration, and, in such 
 case, if otherwise (pialified, he may be appointed. 
 
 •'^. Xo person shall be tippointed administrator who is neither 
 of kin to the intestate or <i creditor, or otherwise interested in 
 the grant of administration, except in the cases before provided. 
 
 '•1. If a married woman is next of kin, her husband is entitled 
 to tlie administration. If a female administratrix or executrix 
 marries, her husband maybe appointed administrator; the Ordi- 
 nary, hoM'ever, may, in his discretion, grant the letters to any 
 other person entitled thereto under any of the ])rescril)ed rules. 
 
 10. If tlie decedent be a free ]»erson (A' wlov. his guardian is 
 
472 PT. 2.— TIT. 6.— CHAP. S.^AKT. 2.— Title, &c. 
 
 Section 1. — Diiferent kind of Administrators, &c. 
 
 entitled to tlie administration ; if no guardian, or lie declines, any 
 other citizen may be appointed. 
 
 11, As a general rule, to cover all cases not specially provided 
 tor, the person having the right to the estate ought to have the 
 administration. 
 
 12. Temporary letters of administration, pending the litiga- 
 tion on a propounded will, sliould generally he granted to the 
 nominated executor. 
 
 cicrk-whea § 24G2. If, from any cause, an estate he unrepresented, and not 
 iBtrator. j likely to l)e represented, the Ordinary may vest the administra- 
 tion in the Clerk of the Superior or Inferior Court of the county, 
 or any other person whom lie may deem tit and proper; a cita- 
 ^ I ^ / tion being first published for thirty days, as in other cases; and 
 
 1 such clerk, if appointed, shall l)e (•oin])elle(l to discharge the du- 
 Small es- tics of tlic officc ; if, liowcver, such estate does not exceed in value 
 
 tates except- ' ' 
 
 t f^- the sum allowed by law to the widow and children, no adminis- 
 
 tration shall be necessary, but the Ordimirv shall, by <»vder, set 
 apart the same to the widow and children. 
 smviTor- § 2-403. If administration has been granted to more than one, 
 
 ship among i i ,- • i i • i r. , . . 
 
 ivdminiBtra- uvwu the dcatJi ut Cither the rii^ht or administration survives to 
 
 tor?. > 
 
 the other. 
 Need not 1,0 §2461. Administration may bo granted to other persons than 
 rUin"" him in whose name the citation issues, and without a new cita- 
 tion being published. 
 
 o 
 
 SECTION II. 
 
 OF TlIK APPOINTMENT OF ADMINISTRAToHS. TliKn: IJONI' AVI) 
 
 RF.MOVAI.. 
 
 Sectiox. Section. 
 
 2465. Application. 2472. Provision for new .sureties. 
 
 2466. Citation. 247:J. Joint bond. 
 
 2467. Oatli. 2474. Defaulting adininistr;itor. 
 
 2468. Bond. i 2475. Liability of siiretie.*. kc. 
 
 2469. To be tiled. ; 2476. Suits not to abate. 
 
 2470. Suits on bonds. ! 2477. If several administrator.-;, .l-c. 
 
 2471. Execution — how is.«tied. 2478. Account with heir at law. 
 
 Application. §2465. Every application for letters of administration must be 
 made to the Ordinary of the county of the residence of the 
 deceased, if a resident of this State, and if not a resident, then 
 in some county where the estate, or some portion thereof is. 
 
PT. 2.— TIT. <;._CHAP. ;3.— AKT. 2.— Title, *fec. 473 
 
 Section 2. — Appointment, Bonds and Removal of Administrators. 
 
 §2466. The Ordinarv must issue a citation, giving notice of citation, 
 the application to all concerned, in the gazette in which the 
 county advertisements are usually published, for thirty days, and 
 at the first regular term, after the expiration of that time, the 
 application should be heard or regularly continued. 
 
 § 2467. Every administrator, when qualified, (wliich may be Oatii. 
 (lone in vacation if appointed at a regular term) shall take and 
 subscribe the following: oath or affirmation : 
 
 "I do solemnly swear (or affirm) that A. B., deceased, died in- 
 testate, so far as I know or believe, and that I will well and truly 
 administer on all the estate of the said deceased, and disburse 
 the same as the law requires, and discharge to the best of my 
 aliility all my duties as administrator. So help me (rod.''' 
 
 ^ 2468. Every administrator upon his qualification shall give Bon.i. 
 l)ond, with good and sufficient security, to be judged of by the 
 Ordinary, in a sum e(pial to double the amount of the estate to be 
 adininistered ; such bond shall be payable to the Ordinary for the 
 I'cnefit of all concerned, and shall be attested by him or his 
 deputy, and shall be conditioned for the faithful discharge of his 
 duty as such administrator, as required by law. A substantial 
 compliance with these requisitions for the bond, shall be deemed 
 sufficient, and no administrator's bond shall be declared invalid, 
 by reason of any variation therefrom, as to payee, amount or 
 condition, Avhere the manifest intention was to give bond as ad- 
 ministrator, and a breach of his duty as such has been proved. 
 
 § 2469. All administrators' bonds shall l)e kept of file by the to i.e ftied. 
 ( >rdinarv, the same being first recorded within six days after 
 tlieii* execution in a book to be kept for that purpose. 
 
 ^ 247'^>. The administrator and his sureties shall l)e held and suits on 
 deemed joint and several obligors, and may be sued as such in 
 the same action, and if the administrator is beyond the jurisdic- 
 tion of this State, or is dead, and his estate unrepresented, or is 
 in such position that an attachment may be issued against him, 
 the sureties or any one or more of them may be sued, l^o prior 
 judgment, establishing the liability of the administrator or a 
 ilevastavH by him, shall be necessary before suit against the 
 sureties on the bond. 
 
 ^2471. In all cases of judgments recovered against the admin- Exocution— 
 istrator and his sureties, the execution issued shall be first levied 
 \m the property of the principal, and no levy shall be made on 
 the ]>roperty of tlie sureties until there is a return of nulla hona 
 
Hfdi PT. 2.— TIT. C— CHAP. 3.— AKT. 2.— Title, &c. 
 
 Section 2. — Apiwiiitment, Bonds arxcl Removal of Administrators. 
 
 as to the principal, unless the plaintiff in Ji. fa. shall Hie with 
 
 tlie levying officer an affidavit that tlie surety is actually removino- 
 
 or secreting liis pi'operty so ns to avoid the payment of ^u^•h 
 
 judgment. 
 
 for*'n'ew"°* §2472. The provisions hereinl)erore made in case tlie snrety 
 
 t^nretics. ^j^ ^ guardian's bond dies, or becomes insolvent, or removes from 
 
 the State, or from other causes becomes insufficient, or in case 
 
 tlie surety desires to be relieved as surety, shall be applicable to 
 
 sureties on administrators'' bonds in tlie same manner and under 
 
 the same conditions as if they v.ere tlierein named. 
 
 Joint bond. § 2-l:To. If two or more administrat(,)r.-^ unite in a (x)nnnon 1)ond. 
 
 all the sureties are l)ound for tlie acts of each administrator, and 
 
 the administrators themselves are mutual sureties foi- each 
 
 other's conduct. 
 
 nefauitmf: §2474. Whenever tiie Ordiuarv knows, oi- is intbrmed l»v auv 
 
 *«>•. person having any interest in the estate, that the administrator 
 
 wastes, or in any manner mismanages the estate, or that he or 
 
 his sureties are likelj' to become insolvent, or that he refuses or 
 
 fails to make returns as requireil bv law, <»r that for anv reason 
 
 Citation. , . -• • i i • i '• i i n • i" i • 
 
 Jie IS uniit tor the trust reposed m him, he shall cite such admin- 
 istrator to answer to such charge at some regular term of the 
 
 Procceaings court, and upon the hearing of his return the Ordinary may, in 
 his discretion, revoke the letters of administration, or require 
 additional security, or pass such other order as in his judgment 
 is expedient under the circumstances of each case. 
 
 Liability of §247."). Ill all casos of rciiioval of an administrator for anv 
 
 sureties of , , i • i i i • i i • i • 
 
 removed ad- cause, tlio Sureties on his bond are liable tor ins acts in connec- 
 
 ministrator. . . , , . , , ... 
 
 tion With his trust, up to the time ot his settlement with an 
 administrator Je honls non, or the distributees of the estate. 
 
 Suits not to §2470. The revocation of letters of administration shall not 
 abate any suit pending tor or against the administrator, but tue 
 administrator de honis iwu shall be made a party in ])roper cases 
 by scire facias^ as in case of the death of a party. 
 
 If several §2477. If there are more administrators than one, and <-om- 
 
 administni- *■. ^ ' 
 
 tors and one plaint is made against one only, and his letters are revoked, the 
 
 k'nly IS n- * o ,/ ? ^ 
 
 moved. eutirc trust remains in the hands of the other and with him, as 
 
 to an adnlilli^trator de honis iton the removed co-administrator 
 
 must account. 
 
 Afc.unt §-478. If there Ije no administrator dt- honis nou a}>i>ointed, 
 
 ^w. "'^*'* *^'i' if he fails to brin<r the removed administrator tft an account. 
 
PT. 2.— TIT. t;.— CHAP, o.— ART. l>.— Title, dec. 175 
 
 Section 2. — ^Appointment, Bonds and Removal of Administrators. 
 
 the heirs at law, or distributees, or legatees, (if there be a M'ill) 
 may sue directly for an acccnmt and settlement. 
 
 SECTION III. 
 
 OV IXVKXTORIES, APPRAISEMENT AXD RETURNS. 
 
 Section. ISectiox. 
 
 12479. Inventory iind appraisement. j 2486. Neglect of administrator, &c. 
 
 U480. How made and returned. ■ 2487. Cannot take property at valuation. 
 
 2481. When to be executed. , 2488. Annual return. 
 
 2482. What to contain. i 2489. Vouchers. 
 
 2483. Joint inventor}'. 2490. Duty of Ordinary. 
 
 12484. Oath of appraisers. , 2491. Non-resident or dead administrator 
 
 2485. Return of appraisers. , 2492. Ordinary's docket. 
 
 §2479. Immediately upon the qualification of every adininis- inventory 
 trator the Ordinary should issue a warrant (or if property be in mc^nt''^™^' 
 difierent counties, warrants) of appraisement directed to five dis- 
 interested frecholderci, citizens of the county where the personal 
 property is, any three of whom shall be qualified to act, requiring 
 them on oath fairly and justly to appraise and value all of the 
 personal property of the deceased produced to them by the 
 administrator. 
 
 §2480. The administrator shall make a just and true inventory n,,^ made'' ^*' ' 
 of all the personal property owned and possessed by the deceased ""'^'■^*"™*"'' 
 at his death, and shall produce and exliibit the same, if possible, 
 to the appraisers appointed as aforesaid. And when such inven- 
 tory and appraisment is returned to the Ordinary, the adminis- ' -^ 
 trator shall swear, in addition to the usual oath on making 
 returns, that such inventory contains a true account of all the \ 
 goods and chattels, rights and credits of the deceased, within his/ 
 1 lands, possession or knowledge. 
 
 §2481. The warrant of appraisement must be executed, except -when to be 
 providentially prevented, within sixty days after the same is ^■^<'"'*«^^- 
 issued, and the inventory and appraisement should be returned to 
 the Ordinary within four months after the qualification of the 
 administrator. If the execution or return be delayed beyond the 
 periods specified, the Ordinary should inquire into the reason and 
 spread the same on his record with the return, 
 
 §2482. A debt due l)y the administrator to the estate must bewuattocon- 
 included in the inventory, and notice taken of any interest the ^""^ 
 estate may have in au unsettled partnership, though the assets 
 be in the hands of a surviving ]>artner. 
 
476 PT. 2.— TIT. 6.— CHAP. 3.— AKT. 2.— Title, &c. 
 
 Section 3. — Of Inventories, Appraisements and Returns. 
 
 Joint inven- §2483. The inveiitorj sliould be made jointly by all the ad- 
 mmistratori?, but is not conclusive proof of joint possession of 
 the assets. 
 
 onth of ai-- §2484. Tlic appraisers before entering upon their duties shall 
 take and subscribe an oath, before aji officer authorized to ad- 
 minister it, or before one of their number, who is hereby author- 
 ized to administer the same, faithfully to discharire their duty as 
 appraisers. 
 
 Return of §2485. Tlic rcturu of the appraisers shall be in wrifinff, and 
 f'crtihed by then* own signatures, any three being com])etent to 
 act. It sliall be delivered to the administrator, and by him 
 I'eturned to the Ordinary. 
 
 Neglect uf §24S(;. The neglect of an administrator to return a correct 
 
 adminlstra- , , 
 
 tors In thin mventorv and appraisement sliall be held sis sufficient jrround for 
 
 removal. 
 < annot t.ik. §2487. No trustce is allowed to convert the trust proi>ertv 
 
 property at i -r> * 
 
 vrtiuation. to his own usc, accouutiug for it at the appraised vidue. P>ut 
 in such cases he must account for its true value. 
 
 Annual re- 8 2488. Oil i>v before the resrular term of the court in .liilv in 
 , each and every year, every administrator shall make a true and 
 just account, upon oath, of his receipts and expenditures in 
 behalf of the estate during the preceding year, together with a 
 note or memorandum of any other fact necessary to the exhibit 
 of the true condition of such estate. To this account shall be 
 attached copies of all the vouchers, showing the correctness of 
 each item. If any of the receipts be for cotton, corn, or other 
 produce sold, the voucher shall show the quantity of eacli, the 
 l>rice at which it was st'ld. the name of the ])urchaser and the 
 time of the sale. 
 
 Vouchers. §24S0. Tlic aiinual return of an administrator sliall be accom- 
 }>anicd by the original vouchers, and it shall be the duty of the 
 Ordinary to compare the originals with the copies, before return- 
 ing the originals to the administrator. 
 
 Duty of oi- §2490. The Ordinary shall carefully examine each return and 
 
 ' "'■"■^- its vouchers, and if found correct, and no objection be filed in 
 thirty days from the time it is filed in office, shall allow the same, 
 and order it t<^ be recorded, together with the copy vouchers 
 attached. The return and copy vouchers shall be kept of file in 
 the Ordinary's office. The return thus allowed and recorded 
 shall be j>?'im(T fa<^i«' evidence in favor of the administrator of 
 its correctness. 
 
PT. -.-TIT. »— CHAP. 3.-ART. L>.-Tm.E, &c. 4t7 
 
 ^ Section 3.— Of In Tentoriea, Appraisements and Returns. 
 
 §2491., The return of a non-resident administrator may beNon-resi- 
 admitted to record upon the affidavit of his surety. And if the 'dmi„^£' 
 administrator be dead, the representative of his estate may make'"" 
 a return of tlie accounts of the deceased administrator ' in the 
 same manner, and to liave tlie same effect as if he were living. 
 
 §2492. To insure annual returns from every administrator* itordinarys 
 
 shall be the duty of the Ordinary to keep a docket of all such'' ^ 
 
 a^ are liable to make returns, and immediately after the session 
 ot the July term in each year, to cite all detaulters to shoM- 
 cause lor their neglect. A willful and continued failure shall bo 
 good cause of removal from the trust. 
 
 docket. 
 
 SECTION IV. 
 
 OF MAXAGIXG THE KSTATE AND PAYIXG THE DEBTS. 
 
 ^BCTioN. Section 
 
 !!!: ^'^''"'"' ""^ '^'^''- 2501. Debts barred. Ac. 
 
 2494. Debts paid by Jieirs. .502. Counsel fees 
 
 2405. When the debts are to be paid. ' 250.^. Investment in stocks 
 
 •'Z T^''-f ''"'" -'''• ^""^'""'"^ ^"«-««« of deceased. . 
 
 .49. Howpa,d. 2505. Hiring of negroes. 
 
 tZ n K r u •'''"""'■^''•^^"■•- ^ 2506. Duty as to contracts. 
 
 o^nn p' ^ ^f "^'^^° ""' ^■•^'^'t^'-- 2507. Twelve months' exemption, fee: 
 
 2500. Power of administrator, &c. 
 
 §2493. Every administrator shall give six weeks^ notice. byp.,_tor 
 advertisement in one of the public gazettes of this State, or at'"^'- 
 three difterent places of the most public resort in the county for 
 c^reditors of the estate to render in an account of their demands. 
 The administrator shall be allowed twelve months, from the date 
 ot his qualihcation, to ascertain the condition of the estate. 
 Creditors tailing to give notice within that time 'lose all right to 
 an equal participation with creditors of equal dignitv to whom 
 distribution is made before notice of such claims is brought to 
 the administrator; nor can they hold the administrator liable for 
 a misappropriation of the fund; if, however, there are assets in 
 the hands of the administrator sutiicient to pay such debts, and 
 no claims ot higher dignity are unpaid, the assets shall be thus 
 appropriated notwithstanding the failure to give notice 
 
 ..Jl'T' ^I'.^^^f ^^^^^^^^^^^^^ii^tributedtothe heii^s at law, ,>e,. p.a 
 
 ithout notic^ ot an existing- debt, the creditor may compel ^^^ ''^- 
 them to contribute jf./Y> rata to the payment of his debt. 
 
478 PT. 2.— TIT. 6.— CHAP. 3.— ART. 2.— Title, &c. 
 
 Section 4. — Of Managing the Estate and Paying tlie Debts. 
 
 When the §2495. The administrator should pay the debts of the estate, 
 
 debts are to Z' , . . , ^ 
 
 bo paid. wholly or in part, at the expiration oi the first year from his ap- 
 pointment. If partial payment is made it should he pro rata on 
 debts of equal dignity. Successive dividends to creditors should 
 be made at the end of every year, until the estate is paid out. 
 If the administrator is himself a creditor he cannot retain his 
 own debt, but must share with others of equal dignity. 
 
 Priorifyof 8 249G. Li the payment of tlie debts of a decedent, tliev 
 
 <lelit8. o i .^ 
 
 shall rank in priority in the following order: 
 
 1. Funeral expenses to correspond with the circumstances of 
 the deceased in life, including the physician's bill and expenses 
 of the last sickness. If the estate is solvent the administrator 
 is authorized t<» provide a suitable protection ft)r tlie grave of 
 the deceased. 
 
 2. The necessar}' expenses of admiiiistrati(Ui, including a}»r<>- 
 vision for the support of the family. 
 
 3. Unpaid taxes, t»r other del)ts. (hie to the State, <»r the Con- 
 federate States. 
 
 4. Debts due Ijy the deceased a.-^ executor, administrator (»r 
 guardian for the estate committed to him as such, or any debt 
 due In* the deceased as trustee, having had actual possession, 
 control and management of the trust propert}-. 
 
 5. Judgments, mortgages, and all other liens, created during 
 the lifetime of deceased, and to be paid according to their 
 priority of lien. Mortgages and other liens on specific property 
 to be preferred only so far a- such ])roperty extends. * 
 
 ('». Debts due for rent. 
 
 7. All liquidated denumds. including foreign judgments, dor- 
 mant judgments, bonds, and all other obligations in writing for 
 the payment of money, promissory notes, and all debts the 
 amount due on which was fixed and ascertained or acknowledge^! 
 prior to the death of the decedent. 
 
 S. Open accounts. 
 Howi..iiii. §2497. All the estate, real and personal, unless otherwise pro- 
 vided by this Code, is liable for the payment of debts. If there 
 is a will, the property charged with the debts should be first 
 applied, next the residuum, or if there be no residuary clause 
 the unde%'ised estate; next, general legacies must iCo?de pro rata ^ 
 and lastly, specific legacies must contribute. 
 
 §2498. An administrator is bound to place in suit every debt 
 due the estate, which he may reasonably expect to recover ; and 
 
PT. 2.— TIT. •;._CHAP. ?..— ART. 2.— Titlt:, (fee. 479 
 
 Section 4. — Of Manajring the EHtato and Paying the Debts. 
 
 it' bv his neglect, or indulsrence, the debt is barred bv the lapse collection 
 of time, or is otherwise lost to the estate, he is responsible there- ^ '''^'" 
 for. 
 
 §2499. \i' the {uliiiinistrator for any cause declines to place or by iii*. 
 anv claim in suit, he may, nevertheless, assign the same to a dis- creditor." 
 tributee or creditor, Avho may, at his own expense, prosecute the 
 same, the proceeds, if recovered, after paying expenses, to be 
 distributed by the administrator. 
 
 §2500. An administrator is autliori/ed to c<)jn])r()mise a con- i'„werof;i.i- 
 tested claim for or against the estate, to submit such matters to "''"rdeMsto 
 arbitration, to release a debtor, if for the Ixmefit of the estate, '^^ "' 
 and to constitute an attorney in fact to act in his stead, he being 
 responsible for his conduct. 
 
 §2501. An administrator in his discretion may relieve a debt Debts uu- 
 from the bar interposed by the lapse of time, by a new promise uu- df limi- 
 to pay; Pi'orhlcd, sucli bar liad not occurred in the lifetime of ' 
 his intestate. In such cases the distributees can make him re- 
 sponsible, by ])roof. tliat the claim against tlie estate was in 
 reality unjust. 
 
 vj 2502. An administrator is authorized to i)n)vide for the es- counsi-i fees. 
 tate competent legal counsel, according to the exigencies of the 
 estate he represents. 
 
 §250^5. When from any cause an administrator is e()m])elled i„ve»tiutiat 
 to liold the funds of the estate in his hands, he is authorized to '"*'*""*■ 
 invest the same in stocks, bonds, or other securities issued by 
 this State, or (b}' leave of the Ordinary) in bonds issued by the 
 proper authorities of tlie cities of Savannah and Augusta. In 
 such case he shall, within twelve months thereafter, make a legal 
 return thereof, in which shall be set forth tlie price paid, the 
 time of the purchase, and the name of the seller. Such invest- 
 ments shall not be subject to taxation so long as they are held 
 for the estate. If an executor or trustee has in liis hands money, , , 
 
 •^ In liind ani 
 
 as the separate estate of a married Avonum, absolutely or for life, negroes in 
 
 A 1 .1 t ecrtam oases 
 
 lie may under the direction of the Superior Court invest such 
 funds in land, or negroes, or both, 
 
 §2504. An administrator may exercise his discretion in con- . 
 
 , *^ _ •' Contiiiuiua; 
 
 tinning the business of his intestate until the expiration of the ^"^''"'^''V''^ 
 current year. Up to the time of sale or distribution the ad- 
 ministrator must manage and dispose of the propertv of the 
 estate for the best interest of the estate. 
 
480 
 
 FT. 2.— TIT. 6.— CHAP. 3.— ART. 2.— Title, iSic. 
 
 Section 4 — Of Managing the Estate and Paying the Debts. 
 
 Hiring of 
 negroes. 
 
 Duty as to 
 eoDtracts. 
 
 Twelve 
 months" ex- 
 emption 
 from suit. 
 
 § 2505. The negroes of the estate may be hired by the admin- 
 istrator privately, and in so doing he should look to the preser- 
 vation and protection of the property as mnch as to the annual 
 income, and whenever it is necessary the administrator, under 
 the order of the court, may work the lands and slaves of deceased 
 for the benefit of the estate. 
 
 §250<;. The administrator, as lar as possible, must fultill the 
 executory and comply with the executed contracts of the de- 
 ceased, and he has a corresponding right to demand the same of 
 the parties contracted with. If, however, tlie personal skill of 
 the intestate entered into the consideration of the contract, his 
 death renders the execution impossible, and the contract, though 
 entire, must be considered as divisible and closed at his death, 
 and the i»art execution by the deceased authorizes and re(piires 
 a corresponding compliance by the otlier contractor. 
 
 ^ 2507. Xo suit to recover a debt due by tlie decedent shall 
 be commenced against the administrator until the expiration of 
 twelve months from his qualification. This exemption shall not 
 apply to an administrator de honi.s /w/t, unless appointed within 
 the year allowed to his predecessor. And in all cases the ad- 
 ministrator de bonis non shall be made a party to suits pending 
 against the administrator ui)on f«'u'e fiU^inH issued to the first 
 term. 
 
 SECTION V. 
 
 OF RKCEIVING AND MAKIN<; TITLKS ON BONDS FOK TITLKS. 
 
 »ECTiox. Section. 
 
 2508. Making titles on bond of intestate. 2511. Vendor and vendee dying. 
 
 2509. Notioe. j 2512. Co.sts. 
 
 2510. Vendee dying, title to lieirs. | 
 
 Making ti- §250S. If the intestate, during his life, executed a bond to 
 *^*inu° tote.'* luake titles to land, and dies without making such titles, the 
 holder of such bond, after having complied with its condition, 
 may apply to the Ordinary having jurisdiction over the estate, 
 for an order requiring the administrator to execute the titles ac- 
 cording to the terms of the bond, in all cases annexing to his pe- 
 tition a copy of the bond. 
 KoD6€ § -509. Personal notice of such application must be given to 
 
 the administrator, and three months' notice to all concerned, by 
 }.ublication in the gazette in which the county advertisements 
 
FT. 2.-TIT. C.-CHAP. 3— AKT. 2— Title, &c. 
 
 Section 5. — Receiving and making Titles on Bonds for Titles. 
 
 481 
 
 reat 
 
 are inserted. If no objection is filed, and the Ordinary is satis- 
 fied of tlie truth of the allegations in the i)etition, the order shall 
 be granted. If, however, any one of the heirs at law files a writ- ,.„ 
 ten objection to the proceeding, the application shall be dismissed " 
 and the petitioner remitted to his proceeding in the Superior 
 Court. ^ ^ 
 
 _ §2510. If the vendee dies, having possession of a bond forvendce dy- 
 titles, the Ordinary of the county having jurisdiction of the es- i,"efrs""' *** 
 tate, may, upon a similar application by any one of the heirs at 
 law of the vendee, and on notice to the vendor, and public notice 
 to all concerned, as provided in the foregoing section, order the 
 title to be made to the heirs at law of the deceased. Such titles, 
 however, sliall not prevent such lands being assets in the hands' 
 of the administrator for the payment of debts. 
 
 §2511. If both the vendor and vendee die, the notice shall bey,„^^^ ^^^ 
 given to the legal representative of the vendor. \vho shall make r"""^'*"^' *^y^- 
 the title to the heirs of the vendee. °^" 
 
 §2512. In all cases arising under this section, the costs of the costs 
 proceeding shall be paid by the applicant for the title. 
 
 SECTION VI. 
 
 OF ADMINISTRATOR'S SALES. 
 Sbction. I Section. 
 
 2513. Sale of pensliable property. | 2522. Land lying iu two counties. 
 
 2514. Sales at public outcry. 2523. Children not separated, &c 
 
 2515. Terms of sale. 2524. Effect of warranty. 
 
 2516. Sale of wild lands. 
 
 2525. Property held adversely. 
 
 Illl' f ?^ «f ''^^"^^^^"t papers. j 2526. Claim-where and how 'tried. 
 
 25 8. Sale of land on negroes. 252Y. Private sales against public policy. 
 
 2519. Manner of sale. j 2528. Sales by executor, Ac 
 
 2520. Recital iu deed. j 2529. Return of sales. 
 
 2521. Sale of slaves to pay debts. \ 
 
 §2513 The personal perishable property should be sold at assareofper- 
 early a day as i)racticable, consistent with the interest of the es I'^f'^^^^^- 
 tate. It must be done under order from the Ordinary, in which 
 the kind of notice and the length of time it shall be given beino- 
 not less than ten days, shall be specified. The order for sale 
 shall be granted as of course, unless the application is from -i 
 temporary administrator, when the Ordinary may exercise hi's 
 discretion. 
 31 
 
12 I^'t. '2.— TIT. 6.— CHAP. 3.— AET. 2.— Title, '6^k 
 
 Section 6.— Of Administrator's Sales. 
 
 Sales at pub- / |25l4. All sales l)j administrators, (except of annual crops 
 sent off tp market, and of vacant lands,) shall be at public outcry 
 '"" " .betweeji'tlie hours often o'clock, A. M., and four o'clock, P. M., 
 nor'stiail any sale be continued from day to day unless so adver- 
 TOnta-l' '^^^' tisecl. 'Good faith is required of the administrator in all cases 
 that the property be sold in such manner and quantities as shall 
 V) 'tui'r,^/,! ^De dceraed most advantageotis to the estate. 
 Termso^"' S S.^li). The administrator mav exercise his discretion in de- 
 mandiug cash or extending credit. Full notice should be given, 
 ^ancl' the oe^t interest of the estate observed. If credit is given, 
 the aclmiriistrator must, at his own risk, determine the sufficiency 
 ' pi the security given. If the security taken is ample at the time. 
 Diligence asahd suljsequently the debt is lost after the utmost diligence by 
 the administrator, he will not be rospon>il>lc for the amount. 
 ^i^CXVvid', ^ SIJlG, ' On application by the administrator, and due notice ad- 
 an B. ., ., y^i.'^jg'^^"jj;g Jijdrgi^after provided in caSe of lands, the Ordinary 
 may grant an order authorizing the administrator to sell, at pri- 
 """^'^ "vate'sate^ \vim uncultivated lands lying in counties other than 
 that of th(^' iidministration ; Provided, no objection is tiled by 
 any one interested in the estate, and the Ordinary is satisfied 
 that such private sale is preferable. 
 And (.f in- §2517. All notes, bonds, judgments, accounts, or other evi- 
 pcrs.° ^'' deuces of debt, Avhich, after due diligence, remain uncollected, 
 and are deemed insolvent or doubtful, may l)e sold l)y the admin- 
 istrator, under an order of the Ordinary, at pnljlic outcry, during 
 the u^iiaT lipu'rs'of sale, on the regular day of Sheriff's sales, and 
 at the court-house door ; thirty days' notice of such sale 1)eing 
 given si't'^OHfom't-house door, and at three or more public places 
 in the! &mirtt3^' ' 
 Bale of ian(i'''''^2olS.''lf,'at any time, it becomes necessary for the paj'ment 
 of the debts of the estate, or for the purposes of distribution, to 
 sell the land or negroes of the decedent, the administrator 
 shall, by written petition, ai>ply to the Ordinary for leave to sell, 
 •qoiqowaiiat scttiug foi'tli, lu the petition, the reason for such application, and 
 Notice. ,* notice of the same shall be published once every two weeks for 
 two mouflis' before the hearing, in the gazette in which the county 
 ^r aavertisements are published. If no objection " is filed, and the 
 Ordinary is satisfied of the truth of the allegations in the peti- 
 ''. tidii/ an order slislll'be passed granting the leave to sell, specify- 
 "mg therein the land and negroes as definitely as possible. 
 
PT. 2.— TIT. (J.— CHAP. 3.— ART. 2.— Title, iirc. 4.83 
 
 Section 6. — Of Administrator's Sales. 
 
 §2510. Every sucli sale shall be advertised in the same gazette Manner of 
 for forty days after the leave granted and before the sale. It 
 shall be had at public auction, on the tirst Tuesday of the month, 
 between the usual hours of sale, and at the place of public sales 
 in the county having jurisdiction of the administration, unless by 
 special order in the discretion of the Ordinary, a portion of the 
 land or negroes is sold in another county where the land lies or 
 the negroes are domiciled. 
 
 §2520. The recital of a compliance with these provisions in Recital in 
 the administrator's deed, shall Ite prima facie evidence of the ' "^ ' ' 
 iacts. 
 
 §2521. The slaves belonging to un estate shall never be soldsr^icof 
 for the purpose of paying the debts, (unless directed by the will,) paj'tubts or 
 unless the other personal estate, together with the hire of the'""'" 
 slaves for twelve months, -will be insufhcient to discharge them; 
 and where the application to sell is for the purpose of distribu- 
 tion, the Ordinary must be satisfied that the distributees have 
 actual notice of the application. 
 
 § 2522. If land ordered to be sold is composed of one tract or Lan.i lying 
 body of land lying partially in two counties, the sale may be had aunties. 
 in either county, as directed by the Ordinary. 
 
 §2523. Children, not exceeding eight years of age, of any fe- children not 
 male slave, shall not be separated from the mother, either for the from moUi- 
 purpose of sale or distrilnition. M'hen such sale or distribution is'"^' 
 made by any administrator, executor, guardian or other trustee ; 
 nor shall husband and wife, recognized as such b}^ the deceased 
 master when both belong to the estate, be sold separately. 
 
 §252-1. An administrator cannot bind the estate by any war- j;ftj,ct ^f 
 ranty in any conveyance or contract made by him, nor is lie per- ■*'''""'"'''i*J'- 
 sonally bound l)y such covenant, unless the intention of personal 
 liability is distinctly expressed. ,,.,^ i.;.:,U''.- .ii,« ,rw,Y 
 
 §2525. An administrator cannot sell property, Md , iadyerselyVropo^y 
 to the Qs^tate by a .third person ;, he inu^t first recover possession, versd?" 
 ■ ^^2,5^6, Il'a^ administrator pliers or proposes to seJl .ai)^^realciaim- 
 es^ate which is elaimed Ijy any other person, sucJi, third pei'son how^rkHi! 
 may interpose his claim, whieJi shall be tried in the county; Adiere 
 ,; the iand lies. , If the claim be to personal property, lit; di^lif be 
 . ti"ied in the 'county of the rcsidenoe of the administrator*, ' ; • 
 !;,■ § ^527. A .private sale of laud or slaves, under an obligation to private saio 
 l$^feet.by;i^al!lW-msilityvisccintp«jty to, public poliey, and ren-pSucy' 
 ' dera eiloli srtlesi .«ihva.ys open tOij-i^^iew at -the option of parties at 
 
484 
 
 PT. 2.— TIT. 6.— CHAP. 3.— AKT. 2.— Title, &( 
 
 Section 6. — Of Administrator's Sales. 
 
 Sales by ex- 
 •enters, &c. 
 
 Return of 
 8alo8. ^ 
 
 interest. Such sales, made prior to December 17th, 1859. are 
 leojal and valid. 
 
 § 2528. If a will authorizes a private sale by the executor, au 
 administrator, with the will annexed, may execute the power 
 and sell the property without order from the Ordinary. If the 
 will merely designates the property to be sold without specifying 
 the mode of sale, no application for leave to sell is necessary : 
 but in other respects the executor or administrator, with the will 
 annexed, must comply with the requisitions before specitied. 
 
 §2529. An administrator must make a full return of every 
 sale, specifying the proj^erty sold, the ]iurchasers, and the amount?, 
 toirether with the terms of sale. 
 
 Rule of dis- 
 tribution. 
 
 SECTION' VII. 
 
 OF DISTRIBUTION, ADV.\NCEMENTS AND PROVISION FOR FAMILY. 
 
 Section. 
 
 2530. Rule of distribution. 
 
 2531. Year's support to family. 
 
 2532. Schedule. 
 
 2533. Title to property set apart. 
 
 2534. Provision in lien of year's support. 
 
 2535. Two .sets of children. 
 253G. Fees and costs. 
 
 2537. Advancements. 
 
 2538. Proof of. 
 
 'Section. 
 
 i 2539. Portions in trust, Ac. 
 j 2540. Advancements, Ac. 
 I 2541. How estimated. 
 I 2542. Division in kind. 
 
 2543. Order for partition. 
 
 2544. Return. 
 
 I 2545. Refunding bond. 
 ' 2546. Widow mav select. 
 
 "Years' sup- 
 port to fami- 
 
 § 2530. After the payment of expenses of administration, and 
 the debts of the deceased, the balance of the estate, both real and 
 personal, stands subject to distribution among the heirs at law of 
 the deceased, according to the relationship hereinbefore pre- 
 scribed. 
 
 §2531. Among the necessary expenses of administration, and 
 to be preferred before all other debts, is the provision for the sup- 
 port of the family, to be ascertained as follows: Upon the death 
 of any person, testate or intestate, leaving an estate, solvent or 
 insolvent, and leaving a widow, or a widow and minor child, or 
 
 ,) cliildren, or minor child or children only, it shall be the duty of 
 the Ordinary, on the application of the widow, or the guardian 
 of the child, or children, or any other person in their behalf, on 
 
 1 notice to the representative of the estate, if there is one, and if 
 none, without notice, to appoint five discreet appraisers: and it 
 
 ^ shall be the duty of such appraisers, or a majority of them, to 
 
PT. 2.— TIT. 0.— CHAP. 3.— ART. 2.— Title, *fec. 485 
 
 Section 7. — Of Distribution, Advancements and Provision for Family. 
 
 set apart and assign to such widow and children, or children on- 
 ly, either in property or money, a sufficiency from the estate for 
 their support and maintenance for the space of twelve months, 
 to be estimated according to the circumstances and standing of 
 the family previous to the death of the testator or intestate, and 
 keeping in view also the solvency of the estate. If there be a 
 widow, the appraisers shall also set apart, for the use of herself \ 
 and children, a sufficient amount of the household furniture. ^°'"'*"®' 
 The provision set apart for the family shall, in no event, be less / 
 than the sum of one hundred dolhvrs. and may extend to tlie^ 
 whole estate. 
 
 §2532. It shall be the duty of the appraisers to make a sched- schedule, 
 ule of the property so set apart by them, and return the same, 
 under their hands and seals, to the Ordinary, within three months 
 from the date of their action, to which return objections may be 
 filed by any person interested, at any time within six months af- 
 ter the filing of the same in office, and if no objections are made, objectious. 
 •or if made are disallowed, the Ordinary sliall record the return 
 so made, in a book to be kept for this purpose; if an appeal be 
 taken, pending the appeal the family shall be furnished with ne- 
 cessaries by the representative of the estate. 
 
 §2533. The propertv so set apart bv the appraisers shall vest Tiue to pro- 
 
 , • T ,• 1 " 1' 1 in "it 1 m 1 1 pertyset 
 
 m the widow, lor the use oi herself and the children, so long as apart. 
 they arc minors, and if no widow, in such children, share and 
 share alike. 
 
 §2534. A testator may, by his will, make provision in lieu of proTisionin 
 this support for twelve months, in which case the widow may supporr*'^ 
 -elect, under the same rules as regulated her election of dower. 
 
 §2535. If there are two sets of minor children, by diiierent Two sets of 
 wives, the appraisers shall specify the portion going to the chil- 
 dren of the deceased wife, which portion shall vest in them. 
 
 S2536. The reasonable charges of the appraisers, to be assessed Fees and 
 
 costs. 
 
 by the Ordinary, and the fees of the Ordinary, shall be paid by 
 the applicant out of the fund set apart. The (Ordinary may is- 
 sue a writ oi fieri facias against the representative of the estate i?*/. /«. ■»«. 
 for the amount so awarded, as aforesaid. 
 
 §2537. An advancement is any provision by a pai-ent, made toAdvance- 
 and accepted by a child, out of his estate, either in money or™°°**' 
 property, dm-ing his lifetime, over and above the obligation of 
 the parent for maintenance and education. Donations from af- 
 rtection, and not made with a view of settlement, nor intended as 
 
4:S6 PT. 2.— TIT. 6:— CHAP. 3.— AP.T. 2.— Title, &o. 
 
 Section 7. — Of Distribution, Advancements and' Provision, for Family.. 
 
 advancements, sliall not be aeconnted for as sucli ; nor shall the 
 support of a child nnder the parental roof, although past majority, 
 nor the expenses of education, he held as advancements, nnles? 
 charged as such hy the parent. 
 
 Proof ot § 2538. A memorandum of advancements, in the handwriting 
 
 of the parent, or subscribed by him, shall l)e evidence of the fact 
 of advancement, but shall not be conclusive as to the valuation 
 of the property, unless inserted as a part of testator's -vvill, or re- 
 ferred to therein. 
 
 Portions in § 2539. A portiou given in trust for the benefit of a child is an 
 
 trust and to ^ .,,,,,. , , 
 
 pramichii- advancement to such benenciarv, as it du'ectlv given to her. A 
 portion given to the children of a deceased child is an advance- 
 ment to that distributive share uf the estate, and the grand-chil- 
 dren must regulate and e(pialize inequalities among themselves, 
 in dividing the surplus coming to them. ' '" 
 
 Advanoi'- § 2540. In the distribution of an estate, every child of the in- 
 
 ^counui.r^ testate, and if a child be dead, the representative of that distribu- 
 tive share must first account for any and all advancements made 
 in intestate's lifetime; if the advancements amount to, or exceed,, 
 the share received by an unadvanced child, such advanced dis- 
 tributee shall receive nothing farther from the estate; if the ad- 
 vancement is less, then each unadvanced or less advanced dis- 
 tributee shall first be made equal to such advancement, before a' 
 general and equal distribution is made. If there be a ^vido^^, 
 she shall be made equal to advanced children, as other distribit- 
 tees. 
 
 iiowestima- §2541. Evei'V advancement, unless a value is agreed on at the 
 time of its acceptance, shall be estimated at its value at the time 
 of the advancement. And no interest shall be charged upon the 
 value thereof, until the time of the first distril)Ution of the estate, 
 from which date advancements shall be reckoned with regard td 
 interest in the same manner as an equal amount of the estate re- 
 ceived at that time. 
 
 Division in §25-42. "Whenever it is practicalde the Ordinary, may order a 
 
 ^'°^ distribution of the estate in kind, which order may be granted oil 
 
 the applicatittn of the representative, or any distributee of the es- 
 tate. In all cases the applicant shall give at least twenty days' 
 
 Notice. written notice to all parties in interest within this State who ard 
 of age, and to the guardians, if any, of minor distributees, and 
 shall also give notice to any persons in interest residing out of 
 
FT. 2.— TIT. C— CHAP. 3.— ART. 2.— Title, ^^p. 48| 
 
 Section 7. — Of Distribution, Advancements and Provision for Family. 
 
 the State, b}- publication of the same at least twice a month for 
 
 four months in one of the gazettes of this State. , 
 
 § 2543. Upon hearing the petition of the applicant the Ordi- order for 
 nary, if no good cause to the contrary be shown, shall grant an ^'"^'^ "*"■ 
 order for divison, and appoint three or more freeholders of the 
 county where the property is situated, whose duty it shall be to j^^^^ ^^ 
 appraise and impartially divide the property into the requisite "tioners. 
 number of shares, and b}' lot, or otherwise, to assign to each dis- 
 tributee his share, equalizing the same, if necessary, by balances 
 in money, to be paid either out of the estate or by the respective '"^'k^ 
 distributees ; such appraisers and partitioners being first sworn to 
 the faithful and impartial discharge of their duty as such; if only Partial di- 
 
 ,,■■,.., , -IT 1 • vision. 
 
 a portion oi the distributees, or legatees, are entitled at the time 
 fo the possession of their portion of the property, their shares 
 may be set apart as aforesaid, and the remainder be left in com- 
 mon stock for future distribution. ; . '.-.A.^oi* 
 
 § 25tti. The return of the division and partition thus made, Retura. 
 shall be in writhig, signed by the appraisers, and any party in ,,,<!Mvja 
 interest may file objections to such return before it is made the '"* 
 
 judgment of the Court of Ordinary. If such objections be sus- 
 tained, the Ordinary shall order a new division Ijy the same or ' . .]i 
 other partitions. ' 
 
 § 2545. In all cases of distribution in kind, the administrator. Refunding 
 before delivering up the property, may demand of each distribu-*^""''- 
 tee, or his guardian, bond and security, to refund his proportion- 
 able part of any debt which may be afterwards established against 
 the estate, and the costs attending the recovery thereof. 
 
 §2540. In every partition or division of the estate of an intes- ^jj,,^ may 
 tate, the widow, if any, shall be allowed to select her portion or ®®^'"^'- 
 share of the negroes, the same being fairly appraised, and not ex- 
 ceeding her distributive share beyond her interest in the balance lobn* 
 of the estate. "'"^^' 
 
 SECTION VIII. 
 
 OF COMMISSIONS AND EXTRA COMPENSATION. 
 
 Section. Section. 
 
 2547. Ordinarj' connnission?. ] 2552, Extra compensation. 
 
 2548. On interest made. ' 2558. No fund sliall pay commissions, &c. 
 
 2549. No commissions on payments, &o. j 2554. Forfeiture of commissions. 
 
 2550. None for delivering property, <tc. 2555. E.'cpense pf agents. 
 
 2551. Traveling and other expenses. | 
 
48^ PT. 2.— TIT. 6.— CHAP. 3.— ART. 2.— Title, &o. 
 
 Section 8. — Of Commission and Extra Compensation. 
 
 Ordinary 8 2547. As a Compensation for his sendees, the administrator 
 shall have a commission of two and one-half jf?^/* cent, on all sums 
 of money received by him on account of the estate, (except mon- 
 ey loaned by him and repaid to him,) and a like commission on 
 all sums paid out by him, eitlier to debts, legacies or distributees. 
 Such commissions are part of tlie expense of administration, and 
 should be paid from the general estate, if any. If none, tlien to 
 be deducted from the debt or legacy paid. 
 
 On interest §2548. If in the course of administration the administrator 
 shall receive interest on money loaned by the intestate, or by him- 
 self as administrator, and shall return the same to the Ordinary 
 so as to become chargeable therewith as a part of the corpus of 
 the estate, he shall be entitled to ten per cent, additional com- 
 mission on all such amounts of interest made. 
 
 No commis- S 2549. The administrator is entitled to no commissions on 
 
 Bions, &c 
 
 debts, legacies or distributive shares paid to himself, and if there 
 
 are more than one administrator, the di\nsion of the commissions 
 ^j^Bions, allowed them, among themselves, shall be according to the servi- 
 ces rendered by each. 
 None for d«- S 2550. No commissious shall be paid to aiiv administrator or 
 
 livering pro- . i , 
 
 portyin exccutor for delivering over of any proi)erty in kind. But the 
 Ordinary may allow reasonable compensation for such service, 
 not exceeding three per cent, on tlie appraised value. If however, 
 land and negroes are worked together by any trustee for the ben- 
 efit of the parties in interest, or negroes are hired out from year 
 to year from the same cause, the Ordinary may, in his discretion, 
 allow to such trustee additional compensation for such services ; 
 in no case exceeding ten jyer cent, of the annual income of the 
 property so managed. 
 
 Traveling 8 2551. All administrator in the discharire of his diitv, required 
 
 and other ^ ^ ^ ^ . ' i. 
 
 expenses, to travel out of liis county, shall be allowed the amounts of his 
 actual disbursements, to be ascertained by his own statements 
 under oath. The Ordinary may also allow him a reasonable com- 
 pensation for the time devoted to this service ; Provided., under 
 the circumstances, the Ordinary adjudges such additional com- 
 pensation a proper charge against the estate. 
 
 Extra com- §2552. In otlicr cages of extraordinary ser\aces, extra compen- 
 sation may be allowed by the Ordinary. But in no case is the 
 allowance of e:ttra compensation by the Ordinary conclusive upon 
 the parties in interest. 
 

 PT. 2.-TIT. C— CHAP. :i-AET. 2.-Title, &c. 489 
 
 Section 8. — Of Commission and Extra Compensation. 
 
 § 2553. "Where from any cause a trust fimd shall pass through No fond 
 the hands of several administrators or otlier trustees, by reason of Smmdons 
 the death, removal, resignation or otherwise of the first qualified ^"^ ''°*"' 
 trustee, such fund, shall not be subject to diminution by charges 
 of commissions by each successive trustee holding and receiving 
 in the same right ; but commissions for receiving the fund shafl 
 be paid to the first trustee or his representative, and commissions 
 for paying out, shall be paid to the trustee actually disbursing 
 the fund, and no commission shall be paid for handing over tlie 
 fund to the successor of a trustee. 
 
 § 2554. Admistrators and other trustees failing to make annual r. _, .. . 
 
 vof 1 • 1 /« • •* orfeiture of 
 
 leturns as Jierein before requn-ed, sliall forfeit all commissions for '"'™™'»»'<"'« 
 transactions during the year within Mhicli no return is made, un- 
 less the Ordinary, upon cause shown, shall, by special order on 
 the minutes, relieve them from this forfeiture." 
 
 §2555. Among the expenses of administration, should l)e in-ExpenBeof 
 eluded and allowed the expenses of such agents as the adminis- '^'""'• 
 trator finds it necessary to employ for the estate. The existence 
 of tlie necessity must be satisfactorilv shown to the Ordinarv. 
 
 SECTION IX. 
 
 OF FIXAL SETTLEMENTS AND RECEIPTS. 
 '^^CTiox. i Section-. 
 
 2556. Settlement before tlie Ordinary. | 2560. How aud ^^•hen conipoundod. 
 
 2557. How made. 2561. Final receipts may be recorded. 
 
 2558. Settlement in Court of Equity. j 2562. Refunding Bonds, when to be given. 
 
 2559. Rule for charging interest. 
 
 §2556. Any person interested as distributee or legatee, may Hcttiement 
 atter the expiration of one year from the grant of administration, Snary'*^ 
 cite the administrator to appear before the Ordinary for a settle- 
 ment of his accounts, or if the administrator chooses, he mav 
 cite all of the distributees, to be present at the settlement of his 
 accounts by the Ordinary; such settlement shall be conclusive 
 upon the administrator, and upon all the distributees, who arc 
 present at the hearing. 
 
 §2557. Upon proof of such citation, by a distributee, thenow.ado 
 Ordinary may proceed to make an account, hear evidence upon ?f «'^''- 
 any contested question, and settle finally', between the distributee 
 and administrator; such settlement mav ])e enforced bv execu- 
 
490 PT. 2.— TIT. 0.— CHAP. 3.— ART. 2.— Title, &g. 
 
 Section 9. — Of Final Settlements and Receipts. 
 
 Appeal. tion or attachment, for contempt, eitlier party liaving the liberty 
 
 of appeal. 
 Settlement §2558. A Court of Eciuity, sliall luivc concnrrent iurisdiction,. 
 
 in Conrt ot " i .y ■> j » 
 
 Equity. ovcr tlic Settlement of accounts of administrators. 
 
 Bniefor §2559. Ill iiiakino; such settlements a reasonable time, ac- 
 
 caarging in- ^ o ? ~ 
 
 urest. cording to the facts of each case, should be allowed to the trustee 
 to invest funds coming into his hands, before charging him with 
 interest thereon, and in like manner, disbursements made by the 
 trustee, should as a general rule, bear interest from some period 
 anterior to the date of payment, according as he may have retained 
 funds to meet them. In every case, the object is to charge the 
 trustee with such interest as a diligent man would make, and 
 to see that the trust fund is not used for his private benelit. 
 
 How anil §25G0. The interest to be cliarged against trustees, appointed 
 
 pounded, sincc Ist January, IStiS, and hereafter appointed, shall be at the 
 rate of seven per cent, per annum, M'ithout compounding, for 
 six years from the date of their qualilication, and after that time^ 
 at the rate of six per cent, per annum, annually compounded. 
 But any trustee, may relieve himself from this rule by return- 
 ing annually, the interest actually made and accounting for the 
 balance of the fund. And any distributee, may recover greater 
 interest, by showing that the trustee actually received more, or 
 that he used the funds himself to greater proht. 
 
 Finaireceipt §2501. The final receipts Oil settlements given by distributees 
 
 may be re- , -, . . . , , *" , ,- i n 
 
 corded. or legatees to an administrator, it attested l)y a Judge oi any 
 Court in this State, a Justice of the Peace or a Xotary Public, 
 may be admitted to record by tlie Clerk of the Superior Court 
 of the county of the residence of the administrator, and when 
 recorded, shall be admitted in evidence, without further proof, 
 and in case of the loss of the original, a copy may be used in 
 evidence, under the same rules as copies of registered deeds. 
 Refunding § 25G2. Au administrator, where litigation against the estate 
 to be given. Is pending or is threatened, or notice of a claim has been given 
 to him, may demand of the distributees or legatees, refunding 
 bonds to indemnify him against such claims, and on failure to 
 give such bonds, the administrator may reserve enough of the 
 assets to respond to such claims ; but in no case, shall the admin- 
 istrator require a refunding bond from the heir, when no threat- 
 ened suit or claim renders such bond necessary. 
 
PT. 2.— TIT. 6.— CHAP. 3.— ART. 2.— Title, c\rc. 491 
 
 Section 10. — Of Letters of Dismission and Resip:nation. 
 
 SECTIOXX. 
 
 OF LETTERS OF DISMISSION AXD RESIGNATION. 
 
 Section. iSeCtiox. 
 
 2563. Dismission, how granted. 2566 Disposition of unclaimed funds. 
 
 2664. Duty of Ordinary. 25G7. Rej^nstratioix— liow made. 
 2565.. Fraudulent discharge. 
 
 § 2563. An administrator, who has fully dischar<i;ed all his du- Dismission 
 
 *^ ' , T^ 1 • ^ • —how grant- 
 
 ties, may petition the Ordniary to pass an order discharging Inm e<\. 
 
 from his trust; npon such petition a citation shall issue, requiring 
 
 all persons concerned to show cause, against the granting of the 
 
 discharge. Sueli citation shall lie published in the gazette for 
 
 six months. 
 
 §2564. Upon the hearing, the Ordinary shall examine closely Duty of 
 into the condition of the estate, and the conduct of tlie adminis- 
 trator, and if he shall he satisfied that he has faithfully and 
 honestly discharged the trust and confidence reposed in him, the 
 prayer of the petitioner shall be granted, and the administrator 
 released from all liability as such ; Provided, any heir, distrib- f^f^^^^^ot 
 utee, or legatee, who is a minor at the time of the discharge, '°'°'""*- 
 may, within five years after his arrival at majority, commence 
 suit against the administrator, and sucli discharge shall be no 
 bar to his action. 
 
 § 2565. A discharge obtained by the administrator, by means of Fraudulent 
 any fraud practiced on the heirs or the Ordinary, is void, and may '^*^ °'^^^' 
 be set aside on motion, and proof of the fraud. IS"© discharge Examina- 
 
 ■ J- ~ tion by Or- 
 
 should be granted without actual examination by the Ordinaiy <ii°'i''y. 
 and the order of discharge should assert sucli examination into 
 the accounts of the administrator. 
 
 § 2566. If funds are in the hands of the administrator, and no Disposition 
 
 1 • • 1 T /-\ T 11 of unclaimed 
 
 person claiming tlie same, the Ordinary may nevertheless grant funds, 
 a discharge, at the same time passing an order either requiring 
 the administrator to deposit the fund in such solvent bank as the 
 court may direct, or else authorizing him to retain the same in 
 his hands at an interest not exceeding four per cent, per annum. 
 Tlie discharge shall not take eftect until the money is deposited, 
 or ill the event of its being retained by the administrator, it shall 
 not relieve him or ]ns sureties from their liability to comply witli 
 such order and respond for sucli fund. 
 
 §2567. Any administrator, who from age, infirmitv, removal Resignatioa 
 troni tJie county, or lor any other cause, desires to resign his made. 
 
492 PT. 2.— TIT. 6.— CHAP. 3.— ART. 2.— Title, &c. 
 
 Section 10. — Of Letters of Dismission and Resignation. 
 
 tmst, may petition the Ordinary, stating the reasons and the 
 name of a suitable person qualified and entitled to, and willing 
 to accept the trust; whereupon, the Ordinary shall cite such per- 
 son, and the next of kin of the intestate, to appear and show cause 
 why the order should not be granted. If no good cause be shown, 
 and the Ordinary is satisfied that the interest of the estate will 
 not suflPer, the resignation shall be allowed, and the administra- 
 tor shall be discharged from his trust whenever he has fairly set- 
 tled his accounts with his successor and tiled with the < )j*dinary 
 Exception in the receipt in full of such successor. Minors in interest shall be 
 Mm *'*^ "'" aUowed five years from the time of their arrival at majority 
 to examine into and open such settlement. 
 
 SECTION XI. 
 OF removinOt procekdings to anothkr ooonty. 
 
 Section. j Section. 
 
 2568. Proceediu}^ to obtain order. ; 2570. Snretie.s — liow li:il>le 
 
 2560. Executor need not fi;ivc bond. 
 
 rroceodings § 2568. Whenever from a change of residence or other cause 
 
 to obtain or- ^^^ administrator may desire to remove the jurisdiction of his 
 
 trust from the Court of Ordinary of the county of the residence 
 
 of testator or intestate to that of his own residence, the same 
 
 may be done by complying with the following requisitions : 
 
 1. By obtaining a copy of all the records of the Ordinary rel- 
 ative to his trust, and causing the same to be recorded by the 
 Ordinary of the county of his residence. 
 
 2. P)y giving to the Ordinary of his county new bond with 
 good security for the discharge of his duty as administrator in 
 the same manner as if the administration was originally granted 
 there. 
 
 3. By filing with the Ordinary of the county having original 
 jurisdiction, a certificate, under the seal of the Ordinary of the 
 county to which the trust is to be removed, that the foregoing 
 pro^^sions have been complied with. 
 
 4. The Ordinary having jurisdiction shall then pass an order 
 transferring the trust to the Ordinary of the other county, 
 
 EsecutM § 2569. An executor who has not been required to give bond 
 ?i*vebond. shall not be required to give bond on removal of his trust to 
 another county. 
 
I 
 
 PT. 2— TIT. 6.-CHAP . 3.-AKT. 2.-Title, &c. 493 
 
 Section 1 1.— Of Removing Proceedings to another county. ' 
 
 § 2570. On removal of an administration as herein provided, snreues- 
 the sureties on the first bond are liable only for the conduct of'""'^ """''• 
 the administrator up to the time of removal ; the sureties on the 
 second bond are liable for all his acts from the commencement 
 of the administration. If the latter are made responsible for 
 acts prior to the removal, they have u right of contribution 
 against the former. 
 
 SECTION XU. 
 
 OF FOREGIN ADMINISTRATORS. 
 
 Section. 
 
 2571. PrivUeges in this Stat*^. 
 
 2572. Exemplification. 
 
 Section. 
 
 2573. Protection of heir, &c. 
 
 2574. Transfer of stock, &<:. 
 
 ^ 2571. When a person at the time of his death is domiciled ^j^., 
 m another State, and administration is there regularly granted "'"s^'stete. 
 on his estate, either to an executor or administrator, such execu- 
 tor or administrator, if there be none appointed in this State 
 may mstitute his suit in any court of this State to enforce any 
 right of action, or recover any property belonging to the deceased, 
 or accrumg to his legal representative as such. 
 
 § 2572. Pending the action, a properly authenticated exempli- ^^e.^iifl 
 hcation of the letters testamentary or of administration shall be ^^"""^ 
 filed with the Clerk of the Court, to become a part of the record ; 
 Provided^ the cause is pending in a court of record If it be 
 a summary process, the exemplification shall be filed with the 
 papers. 
 
 § 2573. If any citizen of this State is interested as creditor 
 keir or legatee in the estate of which such administrator or execN"^^^" ' 
 tor IS the representative, he may, by application to a Court of 
 Muity, compel such foreign executor or administrator to protect 
 his interest according to equity and good conscience before re- 
 moving such assets beyond the limits of this State. 
 
 §2574. Such foreign executor or administrator may transfer. . 
 hank stock standing in the name of the decedent and check for^-"^^^*^" 
 deposits made by him, or dividends declared on his stock first 
 filing with the bank a certified copy of his appointment and 
 qualification. 
 
 i 
 
•%4 '^'^ FT. 2.— TIT. 6.— Title, &c. 
 
 Chapter 4. — Of Title by Judicial Sale. 
 
 CHAPTER lY. 
 
 OF TITLE BY JUDICIAL SALK. 
 
 Section. Section. 
 
 2j75. EfTccts in passing title. I 2580. Puttiti)? purcha-^er in possesfiidn. 
 
 2576. Orijrinal tHle. ' '-n ' •[ 2581, Seizure of pensonalty. 
 
 2577. Note ill writing unnecessary. 2582. Sale of stocks. 
 
 2578. Cai'cat Emptor. \ 2583. Titles made by successorfl. 
 
 2579. Covenants running with laud. ' 2.'')S4. Purchaser need not trace funds. 
 
 Kftoctsin §2575. A sale regularly made, by virtue of Judicial process, 
 '"'"'"^^'"'' issuing Iruin a court of competent jurisdicti(>ii, bhull convey the 
 title as eti'ectually as if the sale was made by the person against 
 whom the process issues. 
 Original li- ^ 2570. Ju all coutroversics in tlie court*? of this State, the 
 *''^' purchaser at such a sale shall n<>t be required to show title deeds 
 
 back of his purchaisc, unless it be necessary for liii? ca!*e, to show 
 good title in the person whose interest he purchased. 
 Note In wii- § 2577. Xo uotc or memorandum in writinf? sliall be necessary 
 cewwy."'" to charge any purchaser at a Judicial sab . 
 
 <\treat §257*^. The purchaser must look for i.;.ii-< ii ;i> to the title 
 
 <!mj,tor. ^^^^^ soundness of all property sold under Judicial ])rocess. Ac- 
 rrau.i. tuiil fraud or misrepresentation by the officer or his agent may 
 warmntv bind him personally. Xo covenant of warranty binds him in- 
 dividnallv, unh':«s made with tliat intention and for a valualde 
 consideration. 
 Covenants ^2570. Tlic purcluiscr at .Judicial sales may enforce any cove- 
 wuinM.!. nants of warranty running with the land, which may be incor- 
 porated in the previous title deeds, 
 vuttinp >ui- § 25S(>. AVhenever a present interest in land is sold by any 
 possessioL. Judicial c»fficer it shall be his duty to place the purchaser or his 
 a»'-ent in possession of the land, and to this end he may dispos- 
 sess the defendant in the process, his heirs and his tenants, or 
 his lessees or vendees of younger date than the judgment upon 
 which the process issues, but he may not dispossess other tenants 
 claiming under an independent title. 
 Seizure of § 25S1. To autlioriz^ a sale of personal property there must be 
 personalty. ^^ act^tal or coii^^ru'ctive $^iztir6. A future interest fn jMergon- 
 Lion onfu^ alty camio^' ' be'seized ' And ^old, tjrit th6 fiein of judgmerit^'t^-ill 
 uii^ inter- ^^^^f,\^ thcreto, SO far as to prevent alienation, before' thfe rf^t to 
 present possession accrues. 
 
FT. 2.— TIT. f;.— TiTLK. c^'c. 495 
 
 Cliapter 4.'-^f Tif!e hy .Tndldal Sale. 
 S 25S2. Shares in a batikj or other oon>oratioii, may be levied saie of 
 
 c - ' /./•.! Stocks. 
 
 •on and sold, either under attachment or ji. fa., m the county 
 where the corporation does busine?? ; notice of such levy being 
 2;iven to the defendant, if his residence be known, and also to 
 the officers of the corporation; such sales shall be made only by 
 the Sheriff, or his deputy, and constables levying thereon, shall 
 turn over such levies to the Sherifl'. Only one share shall be 
 sold at once. The Sheriff ^hall pre the purchaser a certificate 
 of his ]uirchase, which, on presentation to the officers of the 
 corporation, shall authorize a transfer of the stock to him. Trans- 
 fers of stock after levy of an attachment, or after judgment, and 
 with notice to the corporation of the levy or judgment, are ab- 
 solutely void. If the shares be in a railroad, canal, turnpike, or 
 plank road company, they may be levied on and sold in any 
 county through which the same passes. 
 
 § 2583. If a Sheriff fails to make titles to a purcliascr, his sue- -j-itips made 
 -cessor in office may make them in tlie same manner as if he hadgjr.*'^''"*" 
 €old the property. 
 
 §2584. The purchaser at Ju<licial, sales is not bound to look purchaser 
 to the appropriation of the proceeds of the sale, nor to the re- tn,ce funds. 
 turns made by the officer, nor is he required to see that the offi- 
 cer has complied fully with all those regulations prescribed in 
 such cases. All such irregularities create cpiestions and liabilities 
 between the officer and parties interested in the sale. The inno- 
 cent purchaser ig bound only to see that the officer has compe- 
 tent authority to sell, and that lie is apparently proceeding to 
 '' sell under the prescril3ed forms. 
 
 ..(IW 
 hmrA 
 
 'fji«[iii .,^i 'jjij ni biiK .viiKq ififlio )tl1 '>vi*-> 
 
496 PT. 2.— TIT. 6.— CHAP. 5.— Title, <fec. 
 
 Article 1. — Of Private Sales. 
 
 CHAPTER V. 
 
 UF TITLE BY PONTRACT. 
 
 Artiolk 1. < H' private sales. 
 Article 2. ( >f gifts. 
 
 ARTICLE I. 
 
 OF TRIVATK SALES. 
 
 Sbotion. Sbction. 
 
 2585. F.ssentiab of sale. ; 2600. Delivery of goods. 
 
 2586. Sales by auction. ; 2601. Sales of articles being mamifactured 
 
 2587. Sales to defraud creditors. &c. 2602. Consideration. 
 2688. Protection of bojiajide purcliascr. ' 260.1. Inadequacy. 
 
 2589. Duress or fraud. 2604. When due. 
 
 2590. What is fraud. 2605. Stoppage in transitu. 
 
 2591. Concealment when fraud. 2606. Purchaser without notice. 
 
 2592. Mistake. 2607. Implied warranty. 
 
 2593. Duress. 2608. Breach. 
 
 2594. Possibility cannot be Hold. 2009. Good faith. 
 
 2595. Title conveyed. 2610. Vices of slaves. 
 
 2596. Purchaser without notice. 2611. Defects generally. 
 
 2697. Contracts entire or divisible. 2612. Patent defects. 
 
 2698. Deficiency in sale of lands. 2613. Barter and exchange. 
 2599. Loss of land from defect of title. 
 
 ■aaentiaisof §2585, Three elements are essential to a contract of sale : 1. 
 
 ***' An identification of the thing sold, 2. An agreement as to the 
 
 price to he paid. 3, Consent of the parties. 
 
 Bales bv § 258G. In case of sales hy auction, the auctioneer shall be 
 
 an.tion: (.onsidcred agent of both parties, so far as to dispense with anj 
 further memorandum in writing than his own entries. 
 
 Sales to de- §2587, Evcrj Sale uiadc with intent to defraud either credi- 
 
 [^8 Vpnr- tors of the vendor or prior or subsequent purchasers, if such in- 
 tention be known to the vendee, shall be absolutely void as 
 ao-ainst such creditors or purchasers. 
 
 §2588, Every voluntary deed or convevance made by any 
 
 "uS'ef^* person, shall be void as against subsequent bofia fide purchaser 
 for value, without notice of such voluntary conveyance. 
 
 § 2589. Fraud or duress, by which the consent of a party has 
 
 Duress oro i-iii 
 
 fraud. Xvtiiw obtained to a contract of sale, voids the sale, 
 
 ™ §2590, Fraud mav exist from misrepresentation by either 
 
 what IS o • -^ 
 
 '^"^ party, made with design to deceive, or which does actually de- 
 ceive the other party, and in the latter case such misrepresenta- 
 
 «ba«er. 
 
 Protection 
 
PT. 2.— TIT. 0.— CHAP. 5.— Title, ifec. 497 
 
 Article 1. — Of Private Sale. 
 
 tion voids the sale, though the party making it was not aware 
 that his statement was false. Such misrepresentation may be 
 perpetrated by acts as well as words, and In- any artifices de- 
 signed to mislead. A misrepresentation, not acted on, is not 
 ground for annulling a contract. 
 
 §2591. Concealment of material facts may, in itself, amount coneeai- 
 
 '- ' ment — when 
 
 to a fraud — frau'i- 
 
 1. "When direct inquiry is made and the truth evaded. 
 
 2. When, from any reason, one party has a right to expect a 
 full communication of the facts from tlie other. 
 
 3. Where one party knows that the other is laboring under a 
 delusion with respect to tlie property sold or the condition of 
 the other party, and yet keeps silence. 
 
 4. Where the concealment is of intrinsic qualities of the ar- 
 ticle which the other })arty, by the exercise of ordinary prudence 
 and caution, could not discover. 
 
 § 2592. Mistake of law, if not brought about by the other Mistake. 
 party, is no ground for annulling a contract of sale. Mistake of 
 a material fact may, in some cases, justify a rescission of the con- 
 tract ; mere ignorance of a fact will not. 
 
 § 2593. Duress consists in any illegal imprisonment or legal Duress, 
 imprisonment used for an illegal pur])ose, or tlireats of bodily or 
 other harm, or other means amounting to or tending to coerce 
 the will of another, and actually inducing him to do an act con- 
 trary to his free will. 
 
 § 2594. A bare contingency or possibility cannot be the sub- Possibility 
 ject of a sale, unless there exists a present right in the person Im!"^ ^"^ 
 selling, to a future benefit ; so a contract for the sale of goods to 
 be delivered at a future day where both parties are aware that 
 the seller expects to purchase himself to fulfill his contract, and specuiatiDg 
 no skill and labor or expense enters into the consideration, but *'"'°^'"*'''' 
 the same is a pure speculation upon chances, is contrary to the 
 policy of the law, and can be enforced by neither party. 
 
 §2595. The seller can convey no greater title than he has Title con- 
 himself. The honajide purchaser of a negotiable paper not dis- ^''^^^' 
 honored, or of money, or bank bills, or other recognized currency 
 will be protected in his title, though the seller liad none. There 
 is no " market overt" in Georgia. ^^Ivt 
 
 §2596. A title obtained by fraud, though voidable in the ven- Purchaser 
 dee, will be protected in a lonajkU purchaser witliout notice 
 
 without no- 
 tice. 
 
 32 
 
498 FT. 2.— TIT. 6.— CHAP. 5.— Title, &c. 
 
 Article 1.— Of Private Sales. 
 
 Contracts §2597. TliG conti'act of sale may be entire or divisible. If en- 
 visibic. tire, a failure in part voids the whole. If divisible, the void- 
 ance is only in proportion and to the extent of the failure. The 
 intention of the parties determines tlie question of entirety or di- 
 visibility. 
 Deflcienoy R 2598. In a sale of lands, if the inirchase is per acre, a deli- 
 
 in sale of "^ , ' \ . -^ , . ' . 
 
 landa. cieucy lu tlio numbor ot acres may be apportioned m the price. 
 If the sale is by the tract or entire body, a deficiency in the 
 quantity sold cannot be apportioned. Iftlie quantity is speci- 
 fied, as " more or less," this qualification will cover any defi- 
 ciency not so gross as to justify the suspicion of -willful decep- 
 tion, or mistake amounting to fraud ; in this event the deficiency 
 is apportionable ; the purchaser may demand a rescission of the 
 sale or an apportionment of tlie price according to relative value. 
 Purchaser § 2599. If the purcliascr loses part of the land from defect of 
 losing an., ^-^jg^ j^^ j^^^^, claiui citlicr a rescission of the entire contract, or a 
 reduction of the price according to the relative value of the land 
 so lost. 
 Derivoryof §2600. Gcncralh', the delivery of goods is essential to the per- 
 ^°° *" fection of a sale. The intention of tlie parties to the contract 
 ma}" dispense therewith ; delivery need not be actual ; construc- 
 tive delivery maj'^ be inferred from a variety of facts ; until de- 
 livery is made or dispensed Avith, the goods are at the risk of the 
 seller. 
 Sales of ar- §2001. Whcu the salc is of goods to be manufactured and de- 
 manufac- " livcred at a future time, the question of risk will depend upon 
 the fact to be ascertained in each case, whether the parties stip- 
 ulate for a particular article in course of construction, or an ar- 
 ticle filling the specification of the contract. In the former case 
 the title passes to the vendee before delivery: in the latter it 
 does not. 
 considei-a- § 2'302. A Valuable consideration is essential to a sale ; it must 
 ^'*'°- either be definite or an agreement made by which it can be made 
 
 certain ; if its ascertainment becomes impossible, there is no sale. 
 Inadequacy. § 2603. Inadequacy of price i§ no ground for rescission of a 
 contract of sale, unless it is so gross as combined with other cir- 
 cumstances to amount to a fraud. 
 Whan due. § 2604. Uulcss Credit is specifically agreed on or is the custom 
 of the trade, the purchase money is due immediately, and the 
 seller may demand payment before delivering the goods. 
 
FT. 2.— TIT. 6.— CHAP. 5.— Title, &c. 499 
 
 Article 1. — Of Private Sales. 
 
 § 2605. If the goods are delivered before tlie price is paid the stoppage m 
 seller cannot retake because of failure to pay ; but until actual 
 receipt by the purchaser the seller may at any time arrest them 
 on the way and retain them until the price is paid. If credit 
 has been agreed to be given, but the insolvency of the purchaser 
 is made known to the seller, he may still exercise the right of 
 stoppage hi transitu. 
 
 §2006. A hona fide assignee of the bill of lading of goods for purchaser 
 a valuable consideration and without notice that the same Avere tlw^""* °"" 
 unpaid for, and the purchaser insolvent, will l)e protected in his 
 title against the seller's right of stoj^page in transitu. 
 
 § 2007. If tliere is no express covenant of warranty, the pur- implied 
 ■chaser must exercise caution iu detecting defects ; the seller how- ^^''^'^^ ^' 
 ever, hi all cases (unless expressly, or from the nature of the 
 transaction excepted,) warrants — 
 
 1. That he has a valid title and right to sell. 
 
 2. That the article sold is merchantable and reasonably suited 
 to the iise intended. 
 
 3. That he knows of no latent defects undisclosed. 
 
 § 260S. A breach of warranty, express or implied, does not an- Breach, 
 nul the sale if executed, but gives the purchaser a right to dam- 
 ages. It may l:)e pleaded in abatement of the purchase money. 
 If the sale be executorv, it is a good reason for the purchaser to 
 
 , f > o X E8ect of. 
 
 retuse to accept possessuui ot the goods. 
 
 §2600. Covenants of warranty should be so construed as to Good faith, 
 require and encourage the utmost good faith in all contracting 
 parties. 
 
 ^2610. Vices of character in a slave, which if known, would T''"-^' ''^ 
 
 . .' I . I . T Slaves. 
 
 mjure Ins sale ni ordinary market are such latent defects as good 
 faith requires the seller to disclose. 
 
 §2611. Any vice or defect in the thing sold, which renders it Defects gen- 
 either absolutely useless, or its use so inconvenient and imper- "''"^' 
 feet that it is reasonable to suppose tliat the purchaser would not 
 have contracted, had he knowledge of its existence, is such a la- 
 tent defect as good faith requires the seller to disclose. 
 
 § 2612. Patent defects are not covered by a general express 
 warranty, unless intended to be so covered. In proof of this in-^'^'^'^- 
 tention parol evidence is admissible. 
 
 §2613. Contracts of barter or exchange stand upon the same Barter an<i 
 footing with private sales, so far as the same principles can be ^"'""'^''• 
 applied to thein. 
 
500 PT. 2.— TIT. C— CHAP. 5.— Title, &c. 
 
 Article 2.— Of Gifts. 
 
 AETICLE II. 
 
 OF GIFTS. 
 
 Section. [Section. 
 
 2614. Essentials. ' 2621. Presumption of gift. 
 
 2615. Acceptance. j 2022. Of lands. 
 
 2616. Effect of written deed. ] 2623. Loan to married daughters. 
 
 2617. Delivery. 2624. Gifts by persons, &c. 
 
 2618. A'oid conditions. 2625. Gifts for illegal purposes. 
 
 2619. Gifts void against creditors, Ac. 2626. DowiHo ronsn morfi-^. 
 
 2620. Gifts of slave. 
 
 Essentials. §2014. To constitute a valid gift tliere must Le tlie intention 
 to give by the donor, acceptance by the donee and delivery of 
 the article given, or gome act accei)ted by the law in lieu thereof. 
 
 Acceptance. §2615. If the douatioii be of sub.stantial l)enefit, the law pre- 
 sumes the acceptance, unless the contrary be shown. A parent, 
 guardian or friend may accept for an infant. The officers of a 
 corporation accept for it. 
 
 Effector §2616. When the law recpiires a conveyance in writing to the 
 
 written deed y.^]i^i|.y ^f ^ ^\^i^^ (^y ^\^q couveyancc is made for a good considera- 
 tion, such conveyance, executed and delivered, will dispense with 
 the necessity of a delivery of the article given. A gift in wri- 
 tino; without ffood consideration and without delivery, is void. 
 
 Delivery. § 2617. Actual manual delivery is not essential to the validity 
 of a gift. Any act which indicates a renunciation of dominion 
 by the donor, and the transfer of dominion to the donee, is a 
 constructive delivery. 
 
 Voidcondi- § 261S. Impossible, illegal or immoral conditions are void, and 
 
 tions. ^^ j^Q^. iiTLvalidate a i)erfect gift. 
 
 Gifts void §2619. An insolvent j^^Kirson cannot make a valid gift to the 
 
 lu^&o.'^^ injury of his existing creditors. And where possession, partially 
 or entirely, remains with the donor, every parol gift is void against 
 hona fide creditors and purchasers without notice. 
 
 Gift of slaves § 2620. No gift of slaves is valid against creditors or subsequent 
 bona fide purchasers without actual notice where the possession, 
 either partially or entirely, remains with the donor, unless the 
 same be in writing, signed by the donor, attested by at least one 
 subscribing witness, and proved or acknowledged and recorded 
 within one year from the execution thereof. 
 
 Prcsump- §2621. The delivery of personal property by a parent into the 
 
 tion of gifts, exclusive pc»ssession of a child living separate from the parent, 
 shall create a presumption of a gift to the child : this presurap- 
 
PT. 2.— TIT. 6.— CHAP. 5.— Title, &c. 501 
 
 Article 2.— Of Gifts. 
 
 tion may be rebutted by evidence of an actual contract of lend- 
 ing, or from circumstances from which such a contract may be 
 inferred. 
 
 §2622. The exclusive possession by a child of lands belonging of lands, 
 originally to a father, without payment of rent for the space of 
 seven years, shall create conclusive presumption of a gift, and 
 convey title to the child, unless there is evidence of a loan or of 
 a claim of dominion by the father acknowledged by the child, or 
 of a disclaimer of title on the part of the child. 
 
 S 2623. If the child be a married daughter, the contract of loan Loans to 
 
 ^ ^ '- married 
 
 referred to in the two preceding paragraphs muet he assented to daughters. 
 by the husband to rebut the presumption of a gift. 
 
 § 262-i. A gift by any person just arrived at majority, or other- Gifts t.y per- 
 wise peculiarly subject to be afiected l)y such influences, to his ^'o"", &c. 
 parent, guardian, trustee, attorney or other person standing in a 
 similar relationship of conlidence, shall be scrutinized with great 
 jealousy, and upon the slightest evidence of persuasion or influ- 
 ence towards this object, shall be declared void at the instance of 
 the donor or his legal representative at any time within Ave years 
 after the making of such gift. 
 
 §2625. If a gift be made for a speciiic purpose, expressed or ;^^'"^y^^g®' 
 secretly understood, and such purpose is illegal, or from other 
 cause fails or cannot be accomplished, the donee shall hold as 
 trustee for the donor or his next of kin. 
 
 § 2626. A gift in contemplation of death {donatio causa mortis) raum%-or- 
 must be made by a person during his last illness, or in peril of ^'*- 
 death, must be intended to be absolute only in the event of death, 
 and must be perfected by either actual or syml>olical delivery ; 
 such a gift, so evidenced, may be made of any personal property, 
 by parol and proved I)}' one or more witnesses. 
 
 CHAPTER XL 
 
 OF TITLE BY ESCHEATS AND FORFEITURE. 
 
 Section. jSectiox. 
 
 2627. Escheat. 2G32. Counsel for Escheator 
 
 2628. Alien heirs. 
 
 2629. Escheator. 
 
 2630. Duty of Ordinary. 
 .2631. Proceeds — how dispo.sed of 
 
 2633. Claim witliin six years. 
 
 2634. Forfeiture. 
 
 2635. Purchase by Alien. 
 
 2636. Other forfeitures. 
 
 §2627. Escheat is where upon failure of heirs, the estate of an 
 
502 PT. 2.— TIT. tl— Title, &c. 
 
 Chapter 6.— Of Title by Escheats and Forfeiture. 
 
 Escheat. intestate falls to the State. In no other case does an estate- 
 escheat in Georgia. 
 Alien heirs. § 262S. If the lieirs of an intestate or the devisees of land of a 
 testator, be aliens or otherwise incapable of holding title to lands, 
 the Ordinary, shall order the legal representative of the estate to 
 sell the lands, and pay over the proceeds to snch devisee or next 
 of kin. 
 Escheator. g 2629. The Clerk of the Inferior Court of each county, shall ba- 
 the escheator of such county, and as such, shall be entitled to- 
 adniinistration, and shall apply for adnnnistratic»n on the estate 
 
 " ^' of every person dying in such county intestate, and without known 
 heirs or next of kin ; or if administration be alrcad}' granted tO' 
 another, such Clerk, as escheator, shall have the right to call such 
 administrator to account, and receive from him, the property,, 
 when declared to be escheated to the State. 
 Duty of Or- § 2G30. Tlic csclieator, so soon as he shall obtain possession- 
 
 "'*'^^' of the estate as administrator, shall make known to the- 
 Ordinary of the county, the fact, that the same has apparently 
 escheated to the State, whereupon, the said Ordinary shall pass 
 an order requiring the said administrator, to advertise by publi- 
 cation in one or more })apers in this and other States, according 
 to the circumstances of each case, notifying all persons interested 
 as next of kin of such deceased person, of the fact and date of" 
 his death, the amount of the estate, and the pendency of proceed- 
 
 *°""^ ■ ings to escheat the same, which publication shall be continued 
 for six months. If no person' shall appear, and claim as heir, 
 within twelve months from the date of the first publication, the 
 Ordinary, shall pass an order declaring the said property es- 
 cheated to the State, If any person claims the property' alleged' 
 to be escheated, the claim shall be interposed, and tried as claims 
 at administrators' sales. 
 Proceeds— ^2631. The proceeds of escheated propertv, shall be ])aid in 
 
 How (liepos- , , A -, . , . -, T- T . 
 
 *d of each county, to the Ordinary or other treasurer ot the LducationaJ 
 
 Fund of such county, to become a part of such fund. 
 &oikitor g 2632. In all trials arising in reference to escheated pnjperty.. 
 
 Counsel for. the Solicitor General shall l»e ex officio counsel for the escheator. 
 
 Escheator. '^ 
 
 Claim within §2633. The iicxt of kill, or heir of such deceased person may 
 
 six years. . .,.. . , iti- i*^ 
 
 at any time, M'lthin six years atter such order declaring the 
 estate escheated, (or if laboring under any disability, within three 
 years after the removal of the same.) bring suit against the treas- 
 urer of said Educational Fund, for the principal of the said sum, 
 
FT. 2.— TIT. 0.— Title, &c. 50S 
 
 Cliapter G. — Of Title by Escheats and Forfeitiire. 
 
 without interest, and upon proof of his right thereto, ma}^ recover 
 the same without costs. 
 
 § 2634. Forfeiture to the State fur crime, is abolished in this Forfeiture. 
 State, except so far as the lien which the State holds upon all 
 the property of an offender for the costs of the prosecution against 
 liim. 
 
 § 2635. A conveyance of land to an alien, incapable of holding purchase by 
 the same works a forfeiture of the title to the same to the State. ^'"^ 
 And such lands may be recorded l)y the Clerk of the Inferior 
 Court, where they are situated to be sold under an order of said 
 Court, and the proceeds added to the Educational Fund of the 
 county. 
 
 § 2636. Forfeitures are worked by various acts, specified in dif- other forfei- 
 ferent parts of this Code, for the benefit of persons named therein. 
 
 CHAPTER VII. 
 
 OF TITLE BY PRESCRIPTION. 
 
 Section. 1 Section. 
 
 2637. Prescription. i 2643. Dedication. 
 
 2638. Adverse possession. ' 2644. Prescription for Slaves. 
 
 2639. Actual possession. { 2645. Disabilities. 
 
 2640. Constructive posses.siou. 2646. Stops the prescription. 
 
 2641. Possession for 20 years. , 2647. Other exceptions. 
 
 2642. Possession for 7 years. [ 2648. Transfer of prescriptive title. 
 
 § 2637. Title by prescription, is the right, which a possessor ac- Prescription 
 quires to property by reason of the continuance of his possession 
 for a period of time fixed by the laws. 
 
 § 263S. Possession to be the foimdation of a prescription, must be Adverse 
 in the right of the possessor, and not of another, must not have ^*^^^^^*'°°" 
 originated in fraud, must be public, continuous, exclusive, uninter- 
 rupted and peaceable, and be accompanied by a claim of right. 
 Permissive possession cannot be the foundation of a prescription, 
 until an adverse claim, and actual notice to the other party. 
 
 §2639. Actual possession of lands, is evidenced by enclosure, Actual pos- 
 cultivation or any use and occupation thereof, which is so notori- *'^^^'"°- 
 ous as to attract the attention of every adverse claimant, and so 
 exclusive, as to prevent actual occupation by another. 
 
 § 2640. Constructive possession of lands, is where a person hav- construc- 
 ing paper title to a tract of land, is in actual possession of only a glon. ^"**^*' 
 part thereof. In such a case, the law construes the possession to 
 
504 PT. 2.— TIT. 6.— Title, &c. 
 
 Chapter 7. — Of Title by Prescription. 
 
 extend to the boundary of the tract. Hence, adjacent owners, 
 may be in constructive possession of the same land, beinc; inclu- 
 ded in tlie boundaries of each tract. In sucli cases, no prescrip- 
 tion can arise in favor of either.-' 
 PoBsesBion S 2641. Actual adv' erse possession of lands by itself, for twenty 
 
 for 20 years. ■, ^^ • t ■ ^ ^ • • " . 
 
 years, shall give good title l)y prescription against every one, 
 except the State or persons laboring under the disabilities herein 
 after specified. 
 PMsessioo * § 2G42. Adverse possession uf lands, under written evidence of 
 title, for seven years, shall give a like title by prescription. But 
 if such written title, be forged or fraudulent, and notice thereof 
 l^e brouglit home to the claimant before or at the time of the 
 commencement of his possession, no prescription can be based 
 thereon. 
 Dedicotion. §2043. If the owucr of lands, citlier exi»ressly or by his acts 
 dedicates the same to pul)lic use, and the same is so used, for 
 such a length of time, that the public accomodation, or ])rivate 
 rights might be materially affected l»y an interruption of the 
 enjoyment, he cannot afterwards, a])propriate it to private 
 purposes. 
 i'rg!*eription §2644. Advci'sc posscssioii of slavcs or other personal pro- 
 perty within this State, for four years, shall give a like title by 
 prescription. Xo prescription arises if tlie proi)erty be concealed 
 or removed out of the State, or otherwise is not sulyject to recla- 
 mation. 
 DiMbiiiues. § 2645. No prescription works against the rights of a minor 
 during infancy, of a married woman during coverture, of a per- 
 son imprisoned during his conlinement, or of an insane person so 
 long as the insanity continues ; but each of these shall liave a 
 like number of years, after the disabilit}' is removed, to assert his 
 claim and title to realty or personalty against tlie person pre- 
 scribing, 
 stop the §2646. A prescription commenced shall cease against persons 
 
 rrescription. ^^^jgj. disability pending the disability, but on removal thereof, 
 the prior possession may l)e tacked or added to the subsequent 
 possession to make out the prescription, 
 other ex- § 2647. A prescription does not run against an unrepresented 
 ceptions. estate until representation ; Provided, the lapse does not exceed 
 live years, nor against a joint title which cannot be severally en- 
 forced, and a portion of the owners labor under either of the 
 
 ♦See Title S. Chapter 3. Article 1. 
 
PT. 2.— TIT. 6.— Title, & 
 
 cvrc. 
 
 505 
 
 Cliapter 7.— Of Title by Prescru' 
 
 foregoing disabilities, nor in cases of fraud debarring or aeteniit; 
 the other party from his action until the fraud is discovered, nor 
 against a partj who commences his action in time, but is non- 
 suited, or dismisses for one time and re-commences within six 
 months. 
 
 ^2648. An inchoate prescriptive title may be transferred by a ^ , , 
 
 " ••■•*■ . ■ . Transfer of 
 
 possessor to a successor, so that the successive possessions may be prescriptive 
 tacked to make out the prescription. 
 
 CHAPTER VIII. 
 
 OF COXVEYAXCES OF TITLES. 
 
 Article 1. Generally. 
 
 Article 2. Covenants and warranty 
 
 Article 3. Tleoristration. 
 
 ARTICLE I. 
 
 GENERALLY 
 
 Section'. 
 2619. Requisites of a deed. 
 
 2650. Future interest. 
 
 2651. Form of deed. 
 
 2652. Escrows. 
 
 2653. Deed of infant. 
 
 2654. Adverse possession, etc. 
 
 Section. 
 
 2655. Deeds to personalty. 
 
 2656. Inconsistent clauses. 
 
 2657. Recitals. 
 
 2658. Estopiwl. 
 
 2659. Ancient deed. 
 
 2660. Establishing copies, &c. 
 
 § 2649. A deed to lands in this State must be in writing, 
 signed by the maker, attested by at least two witnesses, and de- o'/rdeed.* 
 livered to the purchaser, or some one for him, and be made on a 
 valuable or good consideration. The considerations of a deed 
 may be always inquired into when the principles of justice re- 
 quire it.* 
 
 § 2650. A future interest or estate may be conveyed by deed, 
 
 but it must operate to transfer the title immediately, or the in- ^ 
 
 ^ •*■ -J ' Future in- 
 
 strument will be testamentary and revocable. t*^'"^**- 
 
 §2651. No i^rescribed form is essential to the validity of a 
 
 deed to lands or personalty. If sufhcient in itself to make kno^ni p^^m of 
 
 the transaction between the parties, no want of form will invali- '''^^''• 
 
 date it. 
 
 • See further as to considerations. Title 8, on contracts, Chapter 3. 
 
606 
 
 PT. 2.— TIT. 0.— CHAP. 8.— Title, etc. 
 
 Article 1. — Generally. 
 
 Escrows. 
 
 Deed of an 
 infant 
 
 Adverse 
 poMeeeioD. 
 
 Deeds to 
 peraoaalty. 
 
 loconfiiBtCDt 
 clauses. 
 
 Kecitulft. 
 
 Kstopp<'l. 
 
 Ancient 
 d«ed. 
 
 §2652. A deed delivered to another to be delivered on certain 
 conditions to the grantee, is an escrow. Possession of the deed 
 by the grantee is i)resumptive proof of a deliver}-, but niav be re- 
 butted. 
 
 §2053. Tlie deed of an infant is \<jidable at his pleasure on 
 majority. The making of another deed at that time voids the 
 first without an entry on the lands. 
 
 §2654. A deed to lands, made while the t-ame are lield ad- 
 versely to the maker of the deed, is not void. 
 
 § 2655. A deed to slaves or other personalty needs no attesting 
 witness to make it valid ; in other respects the principles appli- 
 cable to deeds to lands are ai)plicable to it. Generally, a deed 
 is not necessary to convey titles to personalty. 
 
 §2656. If two clauses in a deed be utterly inconsistent, the 
 tbrmer must prevail, but the intention t»f the j»arties, from the 
 whole instrument, sliould, if ]ios>il»le, be ascertained and carried 
 into effect. 
 
 §2657. The recital in a deed of the receipts of the ])urchase 
 money, does not estop the maker from denying the fact and 
 proving the contrary. 
 
 §2658. The maker of a deed cannot subsequently claim ad- 
 versely to his deed under a title acquired since the making 
 thereof. He is estopped from denying his right to sell and con- 
 vey. 
 
 §2659. A deed more than thirty ycar> old, having tlie appear- 
 ance of genuineness on inspection, and coming from the proper 
 custody, if possession has been consistent therewith, is admissi- 
 ble in evidence without proof of execution. 
 
 §2660. If an original deed be lost, a copy nniy be established 
 by the Superior Court of the county where the land lies, and, 
 when so establislied, shall liave all the effect of the original. 
 
 Covenants 
 running 
 with lands. 
 
 AKTICLE II. 
 
 OF covp:xants and warranty. 
 
 Sectiox. 
 
 2661. Covenants rimning with landn 
 
 2662. General warranty. 
 
 2663. Of a slave. 
 
 Sectiox. 
 
 2664. •• Healthy" and •• sound. 
 ' 2665. Warranty of title, &c. 
 1 2G6G. Offer to rescind. 
 
 §2661. The purchaser of land obtains with the title, however 
 conveyed to him. at public or private sale, all the rights which 
 
 I 
 
PT. 2.— TIT. 6.— CHAP. 8.— Title, &c. 507 
 
 Article 2. — Of Covenants and "Warranty. 
 
 any former owner of the land, under whom he claims, may have 
 had by virtue of any covenants of warranty of title, or of quiet 
 enjoyments, or of freedom from incumbrances, contained in the 
 conveyance from any former grantor, unless the transmission of 
 such covenants with the land is expressly negatived in the cove- 
 nant itself. 
 
 § 2662. A sreneral warranty of title against the claims of all eenerai 
 
 o O «/ cj ^ ^warranty. 
 
 persons, includes in itself covenants of a right to sell, and of 
 quiet enjoyment and of freedom from incumbrances. 
 
 §2663. A general warranty of a slave "in every respect," or » slave, 
 includes validity of title, mental and physical soundness, and 
 ireedom from latent vices or defects, rendering him valueless, or 
 unfit for the use intended. 
 
 § 2664. "Healthy" in a warranty of a slave refers to physical Healthy and 
 soundness ; "sound" includes mind and body. **"° ' 
 
 §2665. A covenant of warranty of title to a slave goes with Tuie goes 
 the slave to an assignee, who may sue thereon, in his own name. 
 
 § 2666. An oiFer to rescind is not necessary to a recovery upon offer to re- 
 a covenant of warranty. An offer by the warrantor to rescind, 
 and a refusal by the warrantee, should be considered in estimar 
 ting damages,* 
 
 AKTICLE III. 
 
 OF REGISTRATION. 
 
 Section. 
 2661. When aud where recorded. 
 
 2668. Attestation. 
 
 2669. Probate by witness. 
 
 2670. By otlier persons. 
 
 2671. Record of Execution. 
 
 Section. 
 
 2672. Bills of sale to slaves. 
 
 2673. Former acts continued. 
 
 2674. Original deed evidence. 
 
 2675. Copy — when evidence. 
 
 § 2667. Every deed conveying lands shall be recorded in the ^j^^^ ^^^ 
 office of tlie Clerk of the Superior Court of the county where ^^^^^^y<^- 
 the land lies, witliin one year from the date of such deed ; on 
 failure to record within this time the record may be made at any 
 time thereafter, but such deed loses its priority over a subsequent 
 deed from the same vendor, recorded In time, and taken without 
 notice of the existence of the first. 
 
 *As to damages for breach of covenants, see Part 2, Title 7, on contracts, Chapter 
 9, for other provisions as to warrantees, see Chapter 5, Article 1, of tliis Title on pri- 
 vate sales. 
 
508 PT. 2.— TIT. 6.— CHAP. 8.— Title, &c. 
 
 Article 3. — Of Eegistratiou. 
 
 Attestation. § 2668. To authorize the record of a deed to realty or person- 
 alty it must be attested, if executed out of this State, by a com- 
 missioner of deeds for the State of Georgia, or a consul or ^ace 
 consul of the Confederate States, (the certificates of these officers, 
 under their seals, being evidence of the fact,) or by a Judge of 
 a court of record in the State wliere executed, with a certifi- 
 cate of the clerk, under the seal of such court, of the genuine- 
 ness of the signature of such Judge. If executed in this State 
 it must be attested by a Judge of a court of record of this State, 
 or a Justice of the Peace, or Xotary Public, or Clerk of the Supe- 
 rior Court in the county in which the three last mentioned offi- 
 cers, respectively, hold their appointments, or if subsequent to its 
 execution the deed is acknowledged in the presence of either of 
 the above named officers, that fact, certified on the deed by such 
 officer, shall entitle it to be recorded. 
 
 Probate by § 2669. If a deed is neither attested b}- or acknowledged before 
 either of the officers aforesaid, it may be admitted to record upon 
 the affidavit of a subscribing witness, before either of the above 
 named officers, testifying to the execution of the deed and its at- 
 testation according to law; a substantial compliance with this 
 requisition shall be held sufficient in the al>sence of all suspicion 
 of fraud. 
 
 By other § 2670. If the subscribing witness, or witnesses, be dead, or lu- 
 
 persons. j^^tic, or rcmovcd without the State, or otherwise incapacitated 
 to make the affidavit, the affidavit of a third person to the fact, 
 and to the genuineness of the liandwriting of the subscriljing 
 witness, or witnesses, shall be sufficient to admit the deed to re- 
 cord. 
 
 Eecordof §2671. A purchaser at Sheritf's sale may have the execution 
 under which the property was sold recorded with his deed, to- 
 gether with all the entries on the said execution, and in the event 
 of the loss or destruction of the original execution, a copy from 
 such record shall be admitted in evidence. 
 
 Bills of sale § 2672. Deeds and bills of sale to slaves, and other personalty, 
 may be recorded in the office of the Clerk of the Superior Court 
 of the county where the maker resides ; such record being per- 
 missive and not compulsory, is not constructive or implied notice 
 to any one ; it is otherwise, where the law requires the record to 
 be made, and it is properly made. 
 
 Former acts § 2673. All decds heretofore, by any act, declared valid, or 
 
 continued. . i i 
 
 where improperly recorded, the record has been declared valid or 
 
FT. 2.— TIT. 6.— CHAP. S.— Title, &c. 
 
 509 
 
 Article 3. — Of Reg-istratiou. 
 
 sufficient, shall continue under this Code in the same situation as 
 if the original acts remained in force. 
 
 §2674. A registered deed shall be admitted in evidence, in any 
 court in this State, without further proof, unless the maker of 
 the deed, or one of liis heirs, or tlie opposite party in the cause 
 will file an affidavit tliat the said deed is a forgery, to the best of 
 his knowledge and belief, when the court shall arrest the cause, 
 and require an issue to be made and tried as to tlie genuineness 
 of the alleged deed. 
 
 §2075. If the original deed be lost a copy from the registry, if 
 duly recorded, shall l)e admitted in evidence, whenever the court 
 is satisfied of the fact of loss or destruction, and to this fact the 
 party niay be a witness. 
 
 Original 
 deed evi- 
 dence. 
 
 Issue m.idf 
 and tried. 
 
 Copy — ^vllen 
 evidence. 
 
 TITLE VII. 
 
 OF CONTRACTS. 
 
 Chapter 1. General principles. 
 
 Chapter 2. Of the parties. 
 
 Chapter 3. Of the consideration. 
 
 Ch^vi'ter 4. Of illegal and void contracts. 
 
 Chapter 5. Of construction of contracts. 
 
 Chapter 6. Of bills of exchange, promissory note, cVrc. 
 
 Chapter 7. Of contracts of insurance. 
 
 Chapter 8. Of defences to contracts. 
 
 Chapter 9. Of breach and damages. 
 
 CHAPTER I. 
 
 GENERAL PRINCIPLES. 
 
 Section. 
 
 2676. What is a contract. 
 
 2677. Executed and executory. 
 
 2678. Of record. 
 267.f). Specialty. 
 
 2680. Simple contracts. 
 
 2681. Parol contracts. 
 
 2682. Essentials. 
 
 2683. Absolute or conditional. 
 
 Section. 
 
 2684. Conditions precedeut, Ac. 
 
 2685. Void conditions. 
 
 2686. Novation. 
 
 2687. Entire or severable. 
 
 2688. Apportionment. 
 
 2689. Assent. 
 
 2690. Contract liy letter. 
 
510 
 
 PT. 2.— TIT. 7.— Contracts. 
 
 Chapter 1. — General Principles. 
 
 What is a 
 contract. 
 
 Executed or 
 oxecutory. 
 
 Of record. 
 
 Specialty. 
 
 ■Simiilc con- 
 tracts. 
 
 Parol con- 
 tmcts. 
 
 Essentials. 
 
 Absolute or 
 conditional. 
 
 Conditions 
 precedent 
 and subse- 
 quent. 
 
 Void condi- 
 tions. 
 
 NovatioB. 
 
 § 2676. A contract is an agreement between two or more par- 
 ties for the doing or not doing of some specified thing. 
 
 § 2677. An executed contract is one in which all the parties 
 thereto have performed all the obligations which they have origi- 
 nally assumed. An executory contract is one in which some- 
 thing remains to be done by one or more parties. 
 
 § 2678. A contract of record is one which has been declared 
 and adjudicated by a court having jurisdiction, or which is en- 
 tered of record in obedience to or in carrying out the judgments 
 of a court. 
 
 § 2679. A specialty is a contract under seal, and is considered 
 by the law as entered into witli more solemnity, and consequent- 
 ly of higher dignity than ordinary simple contracts. 
 
 §2680. All other contracts than those specified al)0ve, are 
 termed simple contracts. 
 
 §2681. Simple contracts may be either in writingjjor rest only 
 in words, as remembered ])y witnesses. Parol contracts under 
 this Code shall include only the latter. 
 
 § 2682. To constitute a valid contract there must be parties 
 able to contract, a consideration moving to the contract, the as- 
 sent of the parties to the terms of the contract, and a subject 
 matter upon which it can operate. 
 
 § 2683. A contract may be absolute or conditional. In tlie 
 former, every covenant is independent, and the breach of one 
 does not relieve the obligation of another. In the latter, the 
 covenants are dependent the one upon the other, and the breach 
 of one is a release of the binding force of all dependent covenants. 
 The classification of every contract must depend upon a rational 
 interpretation of the intention of the parties. 
 
 ^ 268-i. Conditions may be precedent or subsequent. In the 
 former, the condition must be performed before the contract be- 
 comes absolute and obligatory upon the other party. In the lat- 
 ter, the breach of the condition may destroy the party's rights 
 under the contract, or may give a right to damages to the other 
 party according to a true construction of the intention of the 
 parties. 
 
 §2685. Impossible, immoral and illegal conditions are void, 
 arid are binding upon no one. 
 
 § 2686. One simple contract as to the same matter, and on no 
 new consideration does not destroy another between the same 
 parties ; but if new parties are introduced by novation so as to 
 
PT. 2.— TIT. 7.— CoNTKACTs. 511 
 
 Chapter 1. — General Principles. 
 
 change the person to whom the obligation is due, the original 
 contract is at an end. 
 
 § 2087. A contract may i)e either entire or severable. In the Entire or 
 former, the whole contract stands or falls together. In the lat-*^^*^"^ 
 ter, the failure of a distinct part does not void the remainder. 
 The character of the contract in such case is determined by the 
 intention of the parties. 
 
 § 268S. In some cases even an entire contract is apportionable. Appoint- 
 as where the price to be paid is not fixed, or is by the contract 
 itself apportioned according to time, so if the failure of one party 
 to perform is caused by the act of the other, the contract may 
 still be apportioned. 
 
 § 2689. The consent of the parties being essential to a contract Assent. 
 until each has assented to all the terms, the contract is incom- 
 plete ; until assented to, each party may withdraw his bid or 
 proposition, unless a given time is agreed on in which the other 
 ])arty may assent. 
 
 § 2690. If the proposition is made by letter, the acceptance by contract by 
 written reply takes effect from the time it is sent, and not from'*'"^'^' 
 the time it is received. Hence, the proposer cannot withdraw in 
 the meantime. If the latter contains alternative propositions, 
 the party receiving may elect.* 
 
 CHAPTER II. 
 
 OF THE PARTIES. 
 
 Section. 1 Section. 
 
 2691. Personal disal)ilitie9. ; 2697. Insane persons. 
 
 2692. Feme covert. 2698. May be pleaded. 
 
 2693. Infant •when bound. 
 
 2694. Personal exemption. 
 
 2695. Infants doing business, &c. 
 2096. Marriac:e contracts of infonts. 
 
 2699. Drunkard. 
 
 2700. Slaves. 
 
 2701. Free persons of color 
 
 2702. iex ?oc^■ contractors. 
 
 §2691. The following persons cannot generally make a valid Porsonaidis- 
 contract : married women, infants, insane persons, drunkards, ''^'''^'^'' 
 slaves and free persons of color. 
 
 § 2692. The contracts of a married woman are generally void.f ^^""' '''''^''^ 
 § 2693. The contracts of an infant under twenty-one years of 
 
 *As to the contracts which to lx> binding must be. in writing, see Title ."?, Chapter 2 
 Article 1. 
 
 fFor tlie exceptions to this rule, see Part 2. Title 2, Chapter 1, Articl(! 2. 
 
512 PT. 2.^TIT. 7.— Contracts. 
 
 Chapter 2.— Of the Parties. 
 
 lafant-wjien age are void, except for necessaries, and for necessaries, they are 
 not valid, unless the party furnislnMir them proves that the i>arent 
 or guardian fails or refuses to supply sufficient necessaries fur the 
 infant. If however, the infant receives property or other valua- 
 ble consideration, and after arrival at age retains possession of 
 such property or enjoys the proceeds of such valuable considera 
 tion, such a ratitication of the contract shall bind him. 
 
 Personal «x- § 2<J94. Tlic exemption of the infant is a personal privilege. 
 
 omiit..D. rpj^^ party contracting with him caniiot plead it, unless he was 
 ignorant of the fact at the time of the contract. Nor can third 
 persons avail themselves of it as a defence. 
 
 Infants .10- §260."). Tf an infant by ])ermission of his psircnt or guardian, 
 
 &c. or by permission oi law i>ractiscs any prolession or trade, or en- 
 
 gages in any business as an adult, he shall be bound for all con- 
 tracts ctmuected with such profession, trade or business. 
 
 Marriajro § 2<»tM;. Marriage contracts and settlements made by infants, 
 
 Infante."" but of lawful age to marry, arc binding, as if made by adults. 
 
 insiinoi..r- § 2»'ti)7. All iusauc person cannot contract prior to commission 
 
 ""^^ sued out and guardianship a])pointed ; a lunatic may contract 
 
 during lucid intervals. After guardianshii), he cannot, nor can 
 a person restored to sanity contract until the guardianship is dis- 
 solved. Necessaries furnished an insane person may be recover- 
 ed upon the same proof as if furnished to infants. 
 
 May w § 269S. A man may jdead his own incapacity to contract. 
 
 ['""1 ', ^ 2('»1'U. A drunkard, when actuallv intoxicated to such an ex- 
 
 nninkiirii. '- _ 
 
 tent as to deprive him of reason, can make no valid contract with 
 any one cognizant of the fact of his condition. If the party con- 
 tracting M'as at all instrumental in producing the state of intoxi- 
 cation, the contract is invalid, however j>artial the intoxication 
 may be. 
 
 ««i. OS §2700. Slaves are incapable of contracting on their own be- 
 
 half. All such contracts are void. Frequently they are criminal. 
 Slaves mav contract as aL'cnts for the master or employer, but 
 for no one else. 
 
 i.^~.-.^«„„« S2701. Free persons of color can contract onlv through their 
 guardians. Their cc>ntracts are voidable, not void, and only at 
 the instance of their guardians by ratifying, the guardian may 
 enforce them. 
 
 §2702. Sometimes persons are capable to contract by the law 
 of the place of the contract, but incapable under the law of this 
 State. In such case, generally, the law of the place of the con- 
 
 of color. 
 
 /.AT loci 
 cvntnctorfi. 
 
PT. 2.— TIT. 7.— Contracts. dlS 
 
 Chapter 2. — Of the Parties. 
 
 tract is enforced, unless the circumstances show an attempt to 
 evade tlie hiw of this State, or the contract is of sucli a cliaracter 
 as contravenes tl*e policy of our law.'' 
 
 CHAPTER III. 
 
 , <.»F THE CONSIDERATION. 
 
 .Section. Sectio.v. 
 2703. Xudmn Fachnn. 2708. Mutual promises. 
 
 270i. Valid con.sideration. ^ 2709. Good in part and bad in part. 
 2705. Good and valuable. 2710. Impossible consideration. 
 
 270G. InadequacY of consideration. 2711. Consideration movinsr from another. 
 
 2707. Mi.stake. 2712. Failure of consideration. 
 
 § 2703. A consideration is essential to a contract, which the xudum 
 law will enforce. An executory contract, without such consider- 
 ation, is called nudum, pactum^ or a naked promise. In some 
 cases, a consideration is presumed, and an averment to the con- 
 trary, will not l)e received ; such are generally contracts under 
 seal, and negotiable instruments alleging a consideration upon I'resump- 
 their face, in the hands of innocent holders without notice, who sideration. 
 have received the same, before dishonored. 
 
 § 2704:. A consideration is valid, if any benetit accrues to him vaiid eon- 
 who makes the promise, or any injury to him who receives ^j^g *"'®"*'<>°- 
 promise! 
 
 § 2705. Considerations are distinguished into good and valuable, oood and 
 A good consideration, is such as is founded on natural duty and^*"" 
 affection, or on a strong moral obligation. A valuable consider- 
 ation, is founded on money or something convertible to money, 
 or having a value in money, except marriage, which is a valuable 
 consideration. 
 
 §2706. Mere inadequacy of consideration, aione, will not inadequacy 
 void a contract. If the inadequacy be great, it is a strong cir- tfon""^*''*"^''' 
 cumstance to evidence fraud. And on a suit for damages for 
 breach of the contract, the inadequacy of consideration will 
 always enter as an element in estimating the damages. 
 
 §2707. If the consideration be founded in a mistake of fact or Mistake, 
 of law, the promise founded thereon cannot be enforced. 
 
 § 2708. A promise of another, is a good consideration for a Mutual 
 promise. So in mutual subscriptions for a common object, the ^'^™'®^- 
 
 * See General Preliminary Principles, 
 
tli FT. 2.— TIT. 7.— (\.NTKACTS. 
 
 Chapter 3. — Of the Consideration. 
 
 promises of the others is a good consideration for the promise of 
 eacli. 
 Good in part §270i<. 1 f tliG considcration ]>e g<»ud in part Hud void in part, 
 andjmdin ^j^^ promisc will lie sustained or not according as it is entire or 
 severahleas hereinafter prescril>ed. But if tlie consideration be 
 illegal in ^vhole or in part, the whole promise fails. 
 Impossible §2710. An impossible consideration, is insufficient to sustain 
 ronsidera- ^^^^ prouiisc, otherwise if the consideration be possii)le but im- 
 probable. 
 Consider- §2711. If there be a valid consideratiuii for the jtromise, it 
 fromTJ.th't matters not from whom it moved. The promisee may sustain 
 *■"■ his action, th(jugha stranger to the consideration. 
 
 §2712. If the consideration, apparently good or valuable, fails 
 either wholly or in part before the ])romi8e is executed, such 
 failure may be pleaded in defence to the promise. If it be 
 partial an apportionment must be made according to the facts of 
 each case. 
 
 Falltiro of 
 consifiora- 
 tion. 
 
 CHAPTKIl IV. 
 
 OF ILLEGAL AXI' VOID CONTKACTS. 
 
 Section. Sectiok. 
 
 2713. Void. 2716. Duress. 
 
 2714. Agam?c public policy. ; 2717. Gaming conlract«. 
 
 2715. Fraud. ' 
 
 Void. §2713. A contract to do an immoral or illegal thing is void. 
 
 If the contract be severable, that which is legal will not be an- 
 nulled b}- that which is illegal. 
 
 Apainstpub- §2714. A coutract which is against the policy of the law, 
 
 lie poller. (jj^j^j^Q^ |)g enforced ; such are contracts tending to corrupt legisla- 
 tion or the judiciary, contracts in general in restraint of trade, 
 contracts to evade or oppose the revenue laws of another country, 
 waserins contracts, contracts of maintenance or champertv. 
 
 Fraud. §2715. Fraud voids all contracts. Fraud may not be pre- 
 
 sumed, but being in itself subtle, slight circumstances may be 
 sufficient to carry conviction of its existence. 
 
 Duress. § 2716. The free assent of the parties being essential to a valid 
 
 contract, duress, either of imprisonment or by threats, or other 
 arts, by which the free will of the party is restrained, and his 
 consent induced, will void the contract. Legal imprisonment, if 
 not used for illegal purposes, is not duress. 
 
PT. 2.— TIT. 7.— Contracts. 515 
 
 Chapter 4. — Of Illegal and Void Contracts. 
 
 §2717. CTaminir contracts are void, and all evidences of debt oaming con- 
 
 o r> ^ tracw. 
 
 or incumbrances or liens on property, executed upon a gaming 
 consideration, are void in the hands of any person. Money paid 
 or property delivered up, upon such consideration, may be re- g„itg to 
 covered l)ack from the winner by the loser, if he shall sue for 
 the same in six months after the loss, and after tlie expiration of 
 that time, it may be sued for by any person, at any time within 
 four years, for the joint use of himself and the Educational Fund 
 of the county.* 
 
 re- 
 cover baok. 
 
 CHAPTER V. 
 
 OF CONSTRUCTION OF CONTRACTS. 
 
 Section. 
 
 2718. By whom construed. 
 
 2719. Intention of parties. 
 
 Section. 
 
 2720. Or of one party known to tlie other. 
 
 2721. Rules of interpretation. 
 
 §2718. The construction of a contract is a question for the By whom 
 court. Wliere any matter of fact is involved, (as the proper ''*"'*^'^^**" 
 reading of an obscurely written word) the jury should find the 
 fact. 
 
 §2719. The cardinal rule of construction is to ascertain the intention of 
 intention of the parties. If that intention be clear, and it con- ^'^ '*"" 
 travenes no rule of law, and suflicient words be used to arrive at 
 the intention, it shall be enforced, irrespective of all technical or 
 arbitrary rules of construction. 
 
 §2720. The intention of the parties, may dift'er among them- or of one 
 selves. In such case, the meaning placed on the contract by one ["o ufe ""the" 
 party, and known to be thus understood l)y the other party, at 
 the time, shall be held as the true meaning. 
 
 §2721. The following rules among others mav aid in arriving ''"'^"^ of in- 
 
 " . .'' , ^ "^ & torpretation. 
 
 at the true interpretation ot contracts — 
 
 1. Parol evidence is inadmissible to add to, take from or vary i>aroi evi- 
 a written contract. iVll the attendant and surrounding circum- ' ''°*'^' 
 stances may be proved, and if there is an ambiguity, latent or pa- 
 tent, it may be explained ; so if a part of a contract only is re- 
 duced to writing, (such as a note given in pursuance of a con- 
 tract,) and it is manifest that the writing was not intended to 
 speak the whole contract, then parol evidence is admissible. 
 
 *As to contracts roid against creditor.' — see Part 2, Title 3, Chapter 2, Article '^i 
 and against purchasers see Part 2. Title G, Chapter 5, Article 1 . 
 
il6 
 
 FT. 2.— TIT. 7.— Contracts. 
 
 Chapter 5. — Of Construction of Contracts. 
 
 Meaning of 
 words. 
 
 Whole con- 
 tract to be 
 considered. 
 
 StrongCBt 
 
 against 
 
 promisee. 
 
 (jramiiuti- 
 cal eoBStruc- 
 tion. 
 
 Printing. 
 
 Implied es- 
 tates. 
 
 Time. 
 
 2. Words generally bear their usual and common signification ; 
 but technical words, or words of art, or used in a particular trade 
 or business, will be construed, generall}-, to be used in reference 
 to this peculiar meaning. The local usage or understanding of 
 a word may be proved in order to arrive at tlie meaning intended 
 by the parties. 
 
 3. The construction which will upliold a contract in whole 
 and in every part, is to be preferred, and the whole contract 
 should be looked to in arriving at the construction of any part. 
 
 4. If the construction is doubtful, that which goes most strongly 
 against the party executing the instrument, or undertaking the 
 obligation, is generally to be preferred. 
 
 5. Tlie rules of grammatical construction usually govern, but 
 to effectuate the intention they may be disregarded : sentences 
 and words may l)e transposed, and conjunctions substituted for 
 each other. In extreme cases of ambiguity, where the instru- 
 ment, as it stands, is without meaning, words may be supplied. 
 
 G. AVHien a contract is partly printed and partly written, the 
 latter part is entitled to most consideration. 
 
 7. Estates and grants, by im})lication, are not favored. 
 
 8. Time is not generally of the essence of a contract ; but by 
 express stipulation or reasonable construction, it may become so. 
 
 CHAPTER VI. 
 
 OF BILLS OF EXCHANGE, AND PROMISSORY XOTP^S. AND OTHER NE- 
 GOTIABLE INSTRUMENTS. 
 
 Akticlk 1. Of negotiable papers, and how transferred. 
 
 Article 2. Of endorsers, notice and protest. 
 
 Article 3. Of the rights of holders. 
 
 Article 4, Of damages. 
 
 AETICLE I. 
 
 OF NEGOTIABLE PAPERS. AND HOW TRANSFERRED. 
 
 Sectios. 
 
 2722. Bill of exchange. 
 
 2723. Promissorv note. 
 
 2724. Negotiable. 
 
 2725. Bonds, Ac, negotiable. 
 
 Section. 
 
 2726. Limited endorsement. 
 
 2727. Implied warranty. 
 
 2728. Bill, &c., payable out of a fund. 
 
 2729. Acceptance, 4c. 
 
Article I.— Of Xegotiable Papers, and how Tr^sferred. 
 
 517 
 
 § 2722. A bill of exchange is an order by one person, called the Bin of 
 drawer or maker, to another called the drawee and acceptor to"*"""^" 
 pay money to another, (who may ])e tlie drawer himself^ called 
 the payee, or his order, or to the bearer. If the payee or a bearer ^*^- 
 transfers the bill by endorsement, he then becomes the endorser 
 it the drawer or drawee resides out of this State, it is then called 
 a foreign bill of exchange. 
 
 or moi e to pay to another, or order or bearer, at a speeiiied time ""■ 
 a specific amount of money or other articles of value If made 
 by more than one it may be a joint promise, or joint and several, 
 n wh,ch case each .s bound for the whole separatelv at the op^ 
 
 moue°v r, :'■• '' "7, P"-''™"'^ '^ '" "^"'^'- ""'- tha' r....u 
 money, and is not punctually made, the holder may recover the"™""' 
 value o such articles at the time the note was due, at the place 
 where . was payable, if a spe<-ific place is mentioned, othjwise 
 
 fo-it'"! " '™' """^''' '""' ^"'^f"^ !»*«'•««» thereon 
 
 ^-Ui A promissory note is negotiable by endorsementofthe^ 
 payee or Iiolder, or if payable to bLrer by transfer and deliter: ""'""• 
 only; the maker may restrain the negotiabilitv thereof by ex- 
 pressing such intention in the body of the instrument. " ' 
 
 b-7.o. All bonds, specialties, or other contract in writino- for „ , , 
 the payment of money or any article of property, and all bido-NS-^^ 
 ments and executions, from any court in this State, are neiotit 
 bel^ endorsement, or written assignment, in the same manner 
 as bill» ot exchange and promissory notes. No endorsement or 
 assignment need be under seal. oi,ement oi 
 
 strmJem ;^"y f^?™ .«"<J»-^'"g »■■ fansferring a negotiable in-i,„„,...™. 
 
 t"T; "■ '""" '"' °"'" ''^''"'*.r "PO" ^"»h endorsement or*"-™"' 
 transfe, by express restrictions therein; and the assignor of a 
 .ludgment shall not be hehl liable as endorser, nnless ht s™h a, 
 sigiiment he expressly c.mtracts so to be. • 
 
 §2727. Every transferrer of a negotiable instrument whether, ,.. 
 by endorsement or delivery, warrants (unless otherwise ,t el™"'' 
 
 anv ttt '"f.™"" " ^f""'""' "'"^ *'■"* '"^ "'•''^ "0 knowledge of 
 anj tact which proves the instrument to be worthless, either bv 
 msolvei.ey of the maker, payment or otherwise " 
 
 orl!vil "^"^ '"'f P*^""'« '^f " 1'"' »'■ o«lor may be conditioned b«.,*.., 
 or payable out Ota certain fund; and in all cases the acceptor S?'»tSr' 
 
518 PT. 2.— TIT. 7.— CH^P. 6.— Contkacts. 
 
 Article 1. — Of Negotiable Papers, and how Transferred. 
 
 Li«n. Bliall have a lien ou the funds or property of the drawer in his 
 
 hands, for the payment of the acceptances in his behalf, 
 Trcsump- g 2729. An ordinary acceptance does not raise a presumption 
 f«nd8. of funds in the hands of the acceptor, but the onus is on the 
 drawer to show funds in liis hands. 
 
 endorser. 
 
 AKTICLE II. 
 
 OF ENDORSERS, NOTICE AND PROTEST. 
 
 Sectk)n. .Section. 
 
 2'(30. Contract of endorser. 2733. Holidajs excepted. 
 
 '2731. Protest and notice. 2734. Days of grace. 
 2732. Endorser sued with maker. 
 
 Contractor §2730. In ordinary endorsements, the contract of the endorser 
 is to pay the money, if the parties to the instrument, primarily 
 liable thereon, fail to pay according to the terms thereof; hence, 
 if there are several endorsers, each is lialde to subsequent ones 
 in the order of their endorsements. 
 
 rroteetand § 2731. When bills of exelianuc and promissory notes are made 
 fur tlie purpose of negotiation, or intended to be negotiated at 
 any chartered bank, and the ?ame are not paid at maturity, no- 
 tice of the non-payment thereof, and of the protest of the same 
 for non-payment, or non-acceptance, nnist be given to the en- 
 dorsers thereon within a reasonable time, either personally or by 
 post, (if the residence of the endorser be known,) or the endorser 
 will not be held liable therec»n ; but in no other case, and upon 
 no other bills or notes, shall notice or protest be held necessary 
 to charge the endorser. 
 
 Endorser § 2732. lu all cases tlie endorser may be sued in the same ac- 
 
 mlLT^^ tion and in the same county with tlie maker, or drawer, or accep- 
 tor. 
 
 Holidays OS- §2733. The tirst day of January, the 25th day of December, 
 and any day appointed by the Governor of this State, or the 
 President of the Confederate States, or the civil authorities of 
 any city, as a day of fast or thanksgiving, shall be held and con- 
 sidered in the same manner as the first day of the week, known 
 as Sunday, for all purposes connected with the presenting for 
 judgment or acceptance, and protesting and giving notice of dis- 
 honor of any bill, check, order or note. , 
 
 cepted. 
 
FT. 2.— TIT. 7.— CHAP. 6.— Contracts. 519 
 
 Article 2. — Of Endorsers, Notice and Protest. 
 
 § 2734. The three days generally known as days of grace, and Days of 
 by custom allowed on papers payable at banks or broker's offices, 
 shall not be allowed ni»on any bill or draft payable at sight. 
 
 ARTICLE III. 
 
 OF THE RIGHT OF HOLDP^RS. 
 
 Section. Section. 
 
 2735. Right of bona fide holder. 2730. Title not to be inquired into. 
 
 2736. Over due notice. ' 2740. What is notice. 
 
 2737. Presumption of <j^ood faith. 274A. Bills payable on demand, &c. 
 
 2738. Holder of collaterals. ; 
 
 § 2735. The Jtona iide holder for value of a bill, draft, or promis- „. ^^ , 
 
 o ..' ■> ^ ' r Right of 
 
 sory note, or other negotiable instrument, who receives the same ^^Jl^J^'' 
 before it is due, and without notice of any defect or defence, shall 
 be protected from any defences set up by the maker, acceptor, or 
 endorser, except the following: 1. Hon ed factum. 2. Gam- 
 bling or immoral and illegal consideration. 3. Fraud in its pro- 
 curement. 
 
 § 273G. If the holder receives it, after it is due, its non-pay- OTcniue no- 
 ment at maturity is notice to him of dishonor, and he takes it 
 subject to all the equities existing between the original parties 
 thereto; and if there be several notes constituting one transac- one of seve- 
 tion, but due at diiferent times, the lact that one is over due and"^' ' 
 unpaid, shall be notice to the purchaser of all, to put him on his 
 guard as to each. 
 
 §2737. The holder of a note is presumed to be honajide andpresump- 
 for value ; if either fact is negatived by proof, the defendants are faith. " 
 let in to all their defences; such pre«umption is negatived by 
 proof of any fraud in the procurement of the note. 
 
 §2738. The holder of a note as collateral security for a debt, Holder of 
 
 . " collaterals. 
 
 stands upon the same tooting as a purchaser. 
 
 § 2739. The title of the holder of a note cannot be inquired ^.^^^ ^^^ ^ 
 into, unless it is necessary for the protection of the defendant, or j'atj,"*^"''''''^ 
 to let in the defence which he seeks to make. 
 
 §27-10, Any circumstances which would place a prudent man wi,at is no- 
 upon his guard in purchasing ncgotial)le paper, shall be sufficient '""''" 
 to constitute notice to a juirchaser of such paper before it is due. 
 
 §27-11. Bills, notes, or other paper, payable on demand, are Bins p-iya- 
 due immediately. When no time is specified for the payment ofiuiwid, &c. 
 a bill or order, it is due as soon as presented and accepted. 
 
520 
 
 FT. 2.— TIT. 7.— CHAP. 6.— Contkacis. 
 
 Article 4. — Of Damages. 
 
 ARTICLE lY. 
 
 OF DAMAGES. 
 
 Sbctiox. 
 2742. Damages on foreign bills. 
 
 Sbctiox. 
 2743. If out of the Confederate States. 
 
 Damages on § 2742. If any bill of excliange, draft, or order, is made paya- 
 foreign bills. -j^j^^^ anyplace ont of this State, and within the Confederate 
 States, and the same is retnrned nnder protest for non-acceptance 
 or non-payment, the holder thereof shall be entitled to recover/ of 
 the drawer and endorsers in the first case, and the acceptor also 
 in the latter case, in addition to the principal, interest, and pro- 
 test fees, five per cent, on the principal, as damages for non-ac- 
 ceptance or non-payment. 
 ]f out of the §2743. If such bill, draft or order, is payable at a place with- 
 states.' out tlic limits of the Confederate States, the holder may recover 
 ten per cent, damages, as above, for non-acceptance or non-pay- 
 ment. 
 
 CHAPTER VII. 
 
 OF CONTRACTS OP INSURANCK. 
 
 Article 1. Of fire insurance. 
 Article 2. Of life insurance. 
 Article 3. Of marine insurance. 
 Article 4. Of mutual insurance. 
 
 ARTICLE I. 
 
 OF FIRE INSURANCE. 
 
 Section. 
 
 2744. Contract. 
 
 2745. Interest of assured. 
 
 2746. Insuring interest of anothw. 
 
 2747. Changing property. 
 274S. Construction. 
 
 2749. Loss — what it is. 
 
 2750. Loss unkno^-n to parties. 
 
 2751. Diligence by assured. 
 
 2752. Application good faith. 
 
 2753. Misrepresentation. 
 
 2754. Concealment. 
 
 2755. Willful misreBrcsentation. 
 
 Sectiok. 
 
 2756. Increa.sing risk. 
 [ 2757. Alienation. 
 I 2758. Transfer to one of several. 
 
 2759. Partial sale. 
 \ 2760. Transfer after loss. 
 
 2761. Or by operation of law. 
 
 2762. Second insurance. 
 
 , 2763. Prescribing regulations. 
 
 2764. Amount of recovery, 
 i 2765. Estimated value. 
 
 2766. Privilege of rebuilding, &c. 
 • 2767. Recovery back by insurer. 
 
TT. 2.— TIT. 7.— CHAP. T.— Contracts. 521 
 
 Article 1. — Of Fire Insurance. 
 
 § 2744. The contract of fire insurance is one whereby an in- contract 
 dividual, or company, in consideration of a premium paid, agrees 
 to indemnify the assured against loss by lire to the property de- 
 scribed in the policy, according to the terms and stipulations 
 thereof: such contract to be binding must be in writing, but 
 delivery is not necessary, if in other respects the contract is 
 consummated. 
 
 §2745. To sustain any contract of insurance, it must appear interest of 
 that the assured has some interest in the property or event in-^*"' 
 sured, and such as he represented himself to have. A slight or 
 contingent interest is sufficient, whether legal or equitable, and 
 several having different interests may unite in procuring one 
 policy ; so a husband or parent may insure the separate property 
 of his wife or child, the recovery being held by him in trust for 
 them, but a mere expectation of an interest is not insurable. 
 
 § 2740. If one undertakes to insure tlie interest of another, it insuring in- 
 must be done by his consent, or be subsequently ratified by him, another, 
 but an insurer may re-insure to protect himself against loss on 
 his contract. 
 
 S 2747. A policy of insurance may be made to cover property changing 
 
 * xit/ property. 
 
 changing daily in its specific articles, as a stock of goods. 
 
 §2748. The contract of insurance should be construed so asCo^s^rue- 
 
 " tion. 
 
 to carr}' c»ut the true intention of the parties. 
 
 § 2749. A loss or injury may occur from fire without the ac- Loss-what 
 tual l)urning of the articles or property, as a house blown up to'*'^' 
 stop a confiagration, or goods removed in imminent danger, or 
 dama2;ed bv water used to extinc-uish the tlames. 
 
 S275i». If the loss has already occurred, and both parties arei-os^nn- 
 
 _ . . , ' ^ known to 
 
 ignorant of it, the contract is valid. Bat the slightest grounds of '^^'^e P'""tie8. 
 suspicion known to the insured will vitiate the contract, unless 
 made known to the insurer. 
 
 §2751. The assured is bound to ordinary diliixence in protect- ^*''s*nce by 
 
 " J r) I assured. 
 
 ing the propert}' from tire, and gross negligence on his part wiU 
 relieve the insurer ; simple negligence by a servant or the assur- 
 ed, unaffected by fraud or design in the latter, will not relieve the 
 insurer. 
 
 §2752. Every application for insurance must be made in the AppiiMtion- 
 utmost good faith, and the representations contained in such ap- ^" 
 plication are considered as covenanted to be true l)y the appli- 
 cants. Any variation by which the nature or extent or charac- 
 ter of the risk is clianged, will void the policy. 
 
522 PT. 2.— TIT. 7.— CHAP. 7.— Contracts. 
 
 Article 1. — Of Fire Insurance. 
 
 Misrepre- ^ 2753. Any Verbal or written representations of facts by the 
 assured to induce the acceptance of the risk, if material, must be 
 true, or the policy is void. If however, the party has no knowl- 
 edge, but states on the representation of others, hona fide^ and so 
 informs the insurer, the falsity of the information does not void 
 the policy. 
 Conceal- ^ 2754. A failure to state a material fact, if not done fraudu- 
 
 ^'^^^- lently, does not void. But the willful concealment of such a fact,, 
 which would enhance the risk, will void the policy. 
 
 S 2755. Any change in the property, or the use to which it is 
 
 Increasing <-> Jo i. v ^ i 
 
 "*^- applied, without the consent of the insurer, whereby the risk is 
 
 increased, voids the policy. 
 
 Willful mis- § 275C. Willful misrepresentation by the assured or his agent 
 
 represent- ^^ ^^ ^j^^ interest of the assured, or as to other insurance, or as 
 to any other material injury made, will void the policy. 
 
 Alienation. § 2757. An alienation of the property insured and a transfer of 
 the policy without the consent of the insurer, voids it. But the 
 mere hypothecation of the policy, or creating a lien on the prop- 
 erty, does not void. 
 
 Transfer to §2758. A policy issuiug to several may be transferred to one 
 
 one of sever- ^^ ^l^g assured witliout the consent of the insurer. 
 
 Partial siiie §2759. A partial sale of property insured, voids the policy 
 only ^.'^'o tanto. A sale not fully executed, and possession remain- 
 ing with the assured, does not void. 
 
 Transfer af- § 2760. After tlic loss occurs, a sale of the property and trans- 
 
 ter io6s. ^'gj. Qf ^jjg policy does not affect the lial>ility of the insurer, ])ut the 
 assignee may recover. 
 
 Or by opera- §-^tU. A transfer of the property or policy by operation of 
 
 tionoffftw. \r^y^'^ Qj. under the order of the court, will confer on tlie assignee 
 all the rights of the assured. 
 
 Second insn- §2702. A sccoud iusurancc on the same property, unless by 
 
 ranoe. couscut of the insurer, voids his policy. 
 
 Prescribing §2763. Every insurer has a right to prescribe regulations as to 
 
 regulations. jjQ^.j(.g ^^^^ preliminary proof of loss, which must be substantially 
 complied with by the assured ; Provided^ the same are made 
 known at the time of insurance, and are not materially changed 
 during the existence of the contract. An absolute refusal to pay 
 waives a compliance with these preliminaries. 
 
 Amount of §2704. The assured may recover the full amount of his loss ; 
 
 r««ovcrj. JProvlde<L the same is within the amount insured. If he has sev- 
 
PT. 2.— TIT. 7.— CHAP. 7.— Contracts. 
 
 523 
 
 Article 1. — Of Fire Insurance. 
 
 eral policies on the same property, the recovery from each com- 
 pany will hejyro rata as to the amount insured. 
 
 § 2765. Tli« value of property is to be estimated at the time Estimated 
 of the loss ; contingent profits are not a part of such value. 
 
 § 2766. The privilesre of rebuildino; or re-instatinc^ the proper- Privilege of 
 
 ^ iT'i ' -r ^ rebuilding. 
 
 ty must he reserved m the policy, or it does not exist, in such 
 cases, the assured has no claim for rents if done within a reason- 
 able time, nor the insurer for increased value, from the fact of 
 new and more valuable materials. 
 
 § 2767. If after payment of the loss the insurer discovers evidence Recovery 
 to show himself not liable on the policy, he may recover back the surer. 
 money in an action for money had and received. 
 
 AKTICLE II. 
 
 OF LIFE INSURANCE. 
 
 Section. 
 
 2768. Contract. 
 
 2769. By whom taken. 
 
 2770. To whom to be paid. 
 
 I Section. 
 
 j 2771. Principles of Fire Insurance, &c. 
 j 2772. Self-caused death, releases. 
 2773. Time — how counted. 
 
 § 2768. An insurance upon life is a contract by wliich the in- contwct. 
 surer, for a stipulated sum, engages to pay a certain amount of 
 money if another dies within the time limited by the policy. The 
 life may be that of the assured or of another, even if a slave, in 
 whose continuance the assured has an interest. 
 
 §2769. Contracts of life insurance can be taken only by per- By -whom 
 sons or corporations specially authorized so to do by law. 
 
 §2770. Tlie assured may direct the money to be paid to his To whom to 
 
 1 . 1 . .1 1 • 1 -1 1 be paid. 
 
 personal representatives, or to ins widow, or to his children, or 
 to his assignee. And upon such direction given and assented to 
 by the insurer, no otlier person can defeat the same. But the as- 
 signment is good without such assent. 
 
 § 2771. The principles before stated as to fire insurance where- Fire insu- 
 ever applicable, are equally the law of life insurance. cable. 
 
 §2772. Death by suicide, or by the hands of iustice, either seir-caused 
 
 •' . .» ' deatli releas- 
 
 punative or preventive, releases the insurer from the obligation ^■^■ 
 of his contract. 
 
 §2773. A policy of life insurance runs from raid-day of the Fines-^iow 
 
 If.,,. counted 
 
 date 01 the policy, and the time must be estimated accordingly, 
 if the policy is limited to a specified number of years. 
 
524 
 
 FT. 2.— TIT. 7.— CHAP. 7.— Contracts. 
 
 Article 3. — Of Marine Insurance. 
 
 ARTICLE III. 
 
 OF MARINE INSURANCE. 
 
 Contract. 
 
 rrnlawfnl 
 I'omtncrct 
 
 Double in- 
 surancv. 
 
 Section. 
 
 2774. Contract. 
 
 2775. Unlawful comnsorco. 
 
 2776. Double insurance. 
 
 2777. Implied warranty. 
 
 2778. Illegal voyage. 
 277n. Donation. 
 
 Section. 
 
 2780. Perils of the sea. 
 
 2781. Continuance of risk. 
 
 2782. Increase of ri.sl<. 
 278.1. Open policy. 
 
 2734. Value — how ascertained. 
 2785. Former rules applicable. 
 
 Implied 
 warrantT. 
 
 Illegal voy- 
 age. 
 
 Deviation, 
 
 Terils of tlie 
 eea. 
 
 §2774. A contract of marine insurance, i.s one by which a 
 person, or corporation, for a stipulated premium, insure.-^ another 
 against losses occuring by the casualties of the sea. 
 
 § 2775. Proliibited or illegal commerce, or commerce with an 
 enem}'^, or goods contraband of war, are not thesubject of marine 
 insurance. 
 
 §2776. Double marine in^^urance may be obtained by a party 
 having an insurable interest, but in case of loss, he can recover 
 from both companies only the full value of such interest ; and if 
 one underwriter pays the whole amount, he is entitled to con- 
 tribution from the others. 
 
 § 2777. The assured impliedly warrants, that the shij) is sea 
 worthy, and shall not be changed, except from necessity, and that 
 she shall be employed, conducted and navigated, with reasonable 
 skill and according to law. 
 
 §2778. The illegality of the voyage, whether known to the 
 assured or not, renders the contract void. 
 
 §2779. A deviation from the voyage, if voluntary, and not 
 from necessity, voids the policy. This necessity may arise from : 
 1. Stress of weather 2. "Want of necessary repairs. 3. Joining con- 
 voy. 4. Succoring ships in distress. 5. Avoiding capture or deten- 
 tion. 6. Sickness of master or crew. 7. Mutiny on board. 8. Any 
 similar cause founded upon reason. 
 
 § 2780. The "perils of the sea," comprehend all those misfor- 
 tunes, to which goods and ships at sea are exposed from earth, 
 air, fire or water. Loss from enemies is not included, unless 
 expressly named. The negligence or imskillfulness of masters or 
 mariners, is not included in a policy on the ships or goods be- 
 longing to the owners of the vessel. If loss occurs to third per- 
 sons therefrom, the underwriter may recover from the owner of 
 the ship the amount paid by him. 
 
PT. 2.— TIT. 7.— CHAP. 7.— Contracts. 
 
 525 
 
 Article 3. — Of Marine Insurance. 
 
 § 2781. Generally the risk continues till the ffoods are delivered cononu&nw 
 
 c .J ~ of risk. 
 
 on shore at the port of destination, or to others by direction of 
 the assured. 
 §2782. Any change by ^yhich the risk is increased yoids the increase of 
 
 , . ' ' risk. 
 
 policy. 
 
 § 2783. An open policy is where the amount of tlie interest ot open p^ncy. 
 the assured is not tixed by the policy, but is left to be adjusted 
 in case of loss ; such policies may issue in blank, to be filled by 
 the insured as new risks may be desired. 
 
 § 2784. The value stated in a policy, is always subject to be vainc— how 
 reduced by ^jroof. 
 
 § 2785. The rules as to warranties, misrepresentations and F( 
 
 ascertained. 
 
 < orincr 
 
 concealments, are the same in marine, as in fire insurance. cabie."^' 
 
 ARTICLE IV. 
 
 OF MUTUAL INSURANCE. 
 
 Section. 
 278G. Contract. 
 
 2787. By-laws. 
 
 2788. Officers, h gents of all. 
 
 Section. 
 
 2789. Liability for reducing funds. 
 
 2790. Stricter good faith. 
 
 2791. Agents of foreign companies. 
 
 § 2786. The contract of insurance is sometimes upon the idea contract, 
 of mutuality, by which each of the assured becomes one of the 
 insurers, thereby becoming invested in the profits, and liable for 
 the losses ; without a charter, such an organization would be 
 governed by the general law of partnership, when incorporated 
 they are subject to the terms of their charter. 
 
 §2787. The rules and regulations of such a company, adopted By-iaws. 
 in pursuance of the charter, becomes a part of each policy, and 
 all the assured are presumed to have notice thereof. But new 
 conditions cannot be annexed to the policy, after it is issued, 
 except by the consent of the assured. 
 
 § 2788. The ofiicers of such a company are the agents of all officers. 
 the assured, and to the effect of their misconduct or neo-lect, 
 shall afi['ect each, upon the general principles governing principal 
 and agent, except as to the transaction of making the contract 
 of insurance ; up to the time of its execution, the assured stands as 
 a thivd party, and the officer issuing the policy acts for those 
 already in the company. 
 
 a^eats of ail. 
 
526 PT. 2.— TIT. 7.— CHAP. 7.— Contracts. 
 
 Article 4. — Of Mutual Insurance. 
 
 Liability for | 2789. If a mutual insurance company, by dividends, reduces 
 funds. its available fimds below the point of remaining able to meet all 
 losses occuring on policies tlien in existence, the directors of such 
 company primarily, and the parties receiving the dividends, ul- 
 timately and ^>/Y> rata^ shall Ije liable individually, jointly and 
 severally, for the amount of such unpaid losses, 
 etrictergood §2790. A stHcter good faith, as to representations and conceal- 
 *^'""'" ments, siiould be required in mutual insurances than in any otlier 
 
 similar contracts. 
 Agencies of §2791. Agents of all foreign insurance companies must obtain 
 j!ani5" """"'" '^ license before taking insurance in tliis State, under the penal- 
 ties, and in accordance with the jn'ovisions of this Code. 
 
 CHAPTER VIII. 
 
 OF DEFEN'CES TO CONTRACTS. 
 
 Akticlk 1. Denial of the contract. 
 
 Article 2. Denial of its obligation, ttc. 
 
 Article 3, Payment and liercin of appropriation of i^ayments. 
 
 Article 4. Performance and herein of tender. 
 
 Article 5. Accord and satisfaction. 
 
 Article 6. Arbitrament and award. 
 
 Article 7. Pendency of another, tire. 
 
 Article 8. Set-oft' and i-ecoupment. 
 
 Article 9. Limitation of actions. 
 
 ARTICLE I. 
 
 DEXIAL OF THE COXTRACT. 
 
 Section. j Section. 
 
 2792. Non est factum. 2795. Preliminary proof. 
 
 2793. Effect of alteration. ' 2796. Endorsement, &c. # 
 
 2794. By whom tried. 1 r 
 
 turn **'•''''*'" § 2792. A party may deny the original execution of the con- 
 tract sought to be enforced, or its existence in the shape then 
 subsisting. In either event, if the contract be in writing and so 
 declared upon the denial, must be on oath and filed at the first 
 term after service is perfected. 
 
 fewitfon!*'" §2793. If a written contract be altered intentionally, and in a 
 
PT. 2.— TIT. 7.— CHAP. S.— Contracts. 52: 
 
 Article I. — Denial of the Contract. 
 
 material part thereof, hx a person claimins: a benefit under it, 
 with intent to defraud the other party, such alteration voids the 
 whole contract at tlie option of the other party. If the altera- 
 tion be unintentional, or by mistake, or in an immaterial matter, 
 ov not with an intent to defraud, if the contract is originally ex- 
 ecuted, can be discovered, and is still capable of execution, it 
 will be enforced by the court. If the alteration be made by a 
 stranger, and not at the instance, or by collusion of a party, or 
 privy, if the original words can still be restored, the contract will 
 be enforced. 
 
 §2794. The materiality of an alteration is a question of law. isy "hom 
 The lact ot an alteration is a question for the jury. 
 
 §2795. If the contract is not set forth as the basis of the ac- ProihniDary 
 tion, so as to require a denial on oath, an alteration in a material 
 part requires explanation l»efore it can be admitted as evidence. 
 This preliminary proof is submitted to the court. 
 
 §2790. An endorsement or assignment of any lull, l)ond orEndorse- 
 
 11 • 1111 1 '"^°*' ^"-^ 
 
 note, when the same is sued l)y the endorsee, need not be proved, not to be 
 
 unless denied on oath. 
 
 ARTICLE II. 
 
 DENIAL OF TPIK OBLIGATION OF A CONTRACT, EITHER ORIGINALLY 
 OR BY SUBSEQUENT ACT OF THE OPPOSITE PARTY. 
 
 Section'. 
 
 2801. Witiiout consent. 
 
 2802. Covenant not to sue. 
 
 ■Section'. 
 
 2797. Denial of oblitration. 
 
 2798. Coiidition-g. 
 
 2799. Dependent covenants. j 2803. Release. 
 
 2800. Rescission. J 2804. Intermarriage. 
 
 §2797. Any fact going to show that the original contract was Denial of 
 not obligatory, though executed, may be set up as a defence. "^igatioD. 
 
 §2798. A condition precedent or subsequent, not complied con<iitioiis. 
 Avith, want or failure of consideration, or any act of the opposite 
 party, by which the obligation of the contract has ceased, may 
 be pleaded as a defence. 
 
 § 2799. Where covenants are dependent, the failure of per- Dop'-ndent 
 formance by the opposing party may be a good defence. <ovoDants. 
 
 § 2800. A rescission of the contract by consent, or a release by ucsoission. 
 the other contracting party, is a complete defence. 
 
 § 2801. In some cases a party may rescind without the consent without 
 of the opposite party for non-performance by him of his cove- '"'"^^°*' 
 
528 
 
 PT. 2.— TIT. C— CHAP. S.— Contracts. 
 
 Article 2. — Denial of the Obligation of a Contract, &c. 
 
 nants ; but this can be done only when both parties can be re- 
 stored to the condition in which thev were before the contract 
 was made. 
 
 § 2802. A covenant never to sue is equivalent to a release ; so 
 also a bond to indemnify the del)tor against his own debt. 
 
 § 280-3. A release sometimes results as an operation of law, as 
 when a creditor releases another who is bound jointly with, or 
 primarily to the debtor, or acce])ts from the debtor a higher se- 
 curity for the same debt not intended to be collateral, thereto. 
 
 § 2804. Intermarriage of the parties generally releases a debt, 
 but such is not the effect when the bond or obligation is given 
 in contemplation of marriage. 
 
 Covenant 
 Bot to sue. 
 
 Release. 
 
 Intermiir- 
 riage. 
 
 AKTICLE III. 
 
 OF PAYMENT AND HEREIN OF APPROPRIATION OF PAYMENTS. 
 
 Payment 
 geucrally. 
 
 To naked 
 trustee. 
 
 By post. 
 
 Bank bills, 
 checks and 
 notes. 
 
 Stakeholder, 
 
 Section'. 
 2805. Paj'inent generally. 
 280G. To naked trustee. 
 2807. By post. 
 
 Sectiox. 
 
 j 2808. Bank bills. 
 ' 2809. Stakeholder. 
 2810. Appropriation of payments. 
 
 § 2805. Payment of money due to the creditor or his author- 
 ized or general agent, or one whom the creditor accredits as 
 agent, though he may not be so, or to his partner interested with 
 him in the money, shall be good ; and if such agent receives pro- 
 perty other than money as money, the creditor is bound thereby. 
 
 § 2806. Payment to a nominal party, or a naked trustee, with- 
 out authority to receive, if made collusively and with intention 
 to defeat the true owner, shall have no effect. 
 
 § 2807. Payment by i)Ost is at the risk of the sender, unless 
 done by direction, either express or implied, of the creditor or 
 his agent. 
 
 § 2808. Bank bills, if received in payment, are warranted by 
 the payer to be genuine, and that as far as he knows the bank is 
 solvent. Bank checks and promissory notes are not payment 
 until themselves paid. 
 
 § 2809. A stakeholder of money risked on a wager is bound to 
 re-pay to the party depositing at any time he may demand it, 
 before it is actually paid over to the winner ; but if paid over to 
 the winner hanajide, and without notice of the depositor's in- 
 tention to retract, this payment is a protection. 
 
FT. 2.— TIT. 7.— CHAP. 8.— Contkacts. 529 
 
 Article 3. — Of Payment, and herein of Appropriation of Pa}Tnei ts. 
 
 §2810. When a payment is made by a debtor to a creditor Appropria- 
 
 * * . ,. Ill 1 1 1 *'on of pay- 
 
 lioldmg several demands agamst mm, tlie debtor has tlie right to i"ents. 
 direct tlie claim to which it shall be appropriated. If he fails to 
 do so, the creditor has the right to appropriate at his election. 
 If neither exercises this privilege, the laAv will direct the appli- 
 cation in sncli manner as is reasonable and ecjuitable, both as to 
 the parties and third persons. As a general rule, the oldest lien 
 and the oldest item in an account will be first paid, the presump- 
 tion of law being that such would be the fair intention of the 
 parties. 
 
 ARTICLE IV. 
 
 OF PERFORMANCE AND HEREIN OF TENDER. 
 
 Section. Sectiox. 
 
 2811. Pcrformauce. | 2815. Tender. 
 
 2812. Impossibilit}^ of performance. I 281G. Of specific articles. 
 
 2813. Part performance. i 2817. Rea.?onable demand. 
 
 2814. Fault of otlier party. | 2818. Effect of tender. 
 
 §2811. Performance, to be eifectual, must be by the party performaae* 
 bound to perform, or his agent, (where personal skill is not re- 
 quired) or some one substituted, by consent, in his place. It 
 must be a substantial compliance with the spirit, and not the let- 
 ter only, of the contract, and done within a reasonable time. 
 
 § 2812. If such a performance is impossible, and becomes so by impossibiu- 
 the act of God, such impossibility is itself a defence equivalent formaSce' 
 to performance; but if by proper prudence such impossibility 
 might have been avoided by the promiser, it ceases to l)e an ex- 
 cuse for non-performance. 
 
 § 2813. In a severable contract, or one admitting of apportion- Part perfor- 
 ment, a part performance may be a defence ^>r(9 tanto. mances. 
 
 § 2814. If the non-performance is caused by the act or fault of ^ „ , „ 
 the opposite party, that excuses the other party from perform- " r'''""'^- 
 ance. 
 
 § 2815. A tender properly made may be equivalent to perform- Tender, 
 ance; if in money, the coin need not be actually presented, un- 
 less demanded; it must be certain and unconditional, except for 
 a receipt in fidl or delivery of the obligation, and may be made 
 by an agent or friend, and to an agent authorized to receive. It 
 must be in full of the specific debt, and not it part, and may be 
 34 
 
530 PT. 2.— TIT. 7.— CHAP. S.— Contracts. 
 
 Article 4.^0f Performance, and herein of Tender. 
 
 artieles. 
 
 made at any time before final trial, and if sustained, no subse- 
 quent cost shall be paid by the defendant; if rejected, and not 
 on any ground of informality, such informality cannot be after- 
 wards urged in objection to the tender. 
 
 Of spccinc § -!^16. A tender of specific articles must be such as to enable 
 the party to whom tendered to take immediate possession, and at 
 the time and place agreed on m the contract. If no place is 
 agreed on they must be carried to the }»erson entitled to them, 
 if residing within this State, unless, from the nature of the arti- 
 cles, or the contract, another place of delivery be inferred. If the 
 articles be cumbrous, the deliverer may demand of the receiv- 
 er to appoint a convenient place of delivery, and on failure to 
 do so the tender shall be considered complete. 
 
 §2817. If the promise be to deliver on demand, the demand 
 
 demaBd. niust be reasonable as to time, place, and manner; if the prom- 
 ise be to deliver at a certain time and j)lace, a tender at the time 
 
 Tender at ^ i • i i i i • • !l j. 
 
 place. and place is good, though the receiver is not present. 
 
 ,._ , ,, ^ 2818, A valid tender of chattels transfers the title thereto to 
 
 Effect of ten- o 
 
 '^"- the ]>erson bound to receive, and the p(»ssession of the prumiser, 
 
 if he retains possession from that time, is for the l)enefit of the 
 owner, Init without liability to account for profits, or for more 
 than ordinary prudence in tlieir j»reservation and protection. 
 
 KeaBoiiablu 
 
 ARTICLE Y. 
 
 ACCORD AND SATISFACTION. 
 
 Section. j Section. 
 
 2819. What is accord and satisfaction. | 2822. Less than dei>t !.•< not. 
 
 2820. When an extinguishment. , 2823. Compromi.se. 
 
 2821. Must be of benefit to creditor. I 
 
 wh.it is ac- § 2819. Accord and satisfaction is where the jtarties, l)y a sub- 
 [rr^uon.*"' sequent agreement, have satisfied the former one, and the latter 
 agreement has been executed. The execution of a new agree- 
 ment may itself amount to a satisfaction, where it is so expressly 
 agreed by the parties, and with(Hit such agreement, if the new 
 promise is founded on a new consideration, the taking of it is a 
 satisfaction of the former contract. 
 When unci- §2820. An accord and satisfaction may not amount to an ex- 
 mMt!*^" tinguishment of the original debt, but may extend only to sus- 
 pend the execution or collection thereof for a limited time; in 
 the meantime an action cannot be sustained. 
 
Article 5.— Acc ord and Satisfaction^ "~ 
 
 tall!!', i '^''' T^"*^ '^'■^^'i^^^^^^^^^^^^^i^^^^.A^^^:^^::!;::; 
 
 taelega or equitable, to the creditor, or it will not have thec'S!" 
 ,™„t ;; [""% T- f°"' ''" '^*'" ">'"^- Tl.e ack„owled«. 
 
 would be ^iicli an advantage. 
 
 § i\si>2. An agreement by a creditor to receive le^. than tl.Pr , 
 amount of his debt cannot be pleaded as an accord nd at tt-"'^-- 
 .on unless .t be actually executed by the payment of the m;ney 
 e gnang of additional security, or the substitution of 1 
 other debtor, or some other neu' consideration. 
 
 §i^S23. A compromise, or mutual accord and satitapfinn ,-^ 
 bmding on the parties. satitac^ion, is compromise 
 
 ARTICLE \\. 
 
 ARBITRAMEXT AXD AWARLX 
 
 Skctiox. ,„ 
 
 2826. Of the s,.hmission. s', " rJ ' T""'- 
 
 2s5a a:;::;;: "■ i ''''■ ^'^'^'■ 
 
 § 2.S24 Parties disagreeing as to their nV^hts or liabilities nviv 
 
 %T.o^ P ^''' ^' ^"^^'"^^ "^ *^^ P^^-^^"« submitting. 
 
 . ^,:. .^"^^^-diai.s, trustees, executors, or administrators mav 
 
 in good taith, and with DI-OHPI- ,nMi.U , • '"^^'^^^^^^ "^"^J ^ Trustors 
 
 the ui.ttPr^ aii^Mtiipiopei i>nidence, submit to arbitration -'^ -'>-»• 
 reprint ^^ controversy m connection with the estate they 
 
 § 2S2*K A submission may be in doiv.I n,wi fi. j , , 
 
 verbal, when the n.atters /n di^nird \ tl eTirtat^ Ic'-- ^^ 
 sum ot five hundred dollars, but all submissions by llo a 
 
 Sirs;,!^ ""°™' '""^' "" '" -'^"■- -^' '^^ — ^ -; 
 
 §2827. Arbitrators should not exceed thplr«nfi.^.v , , 
 
 award should cover all n.attcrs subn tted a^ J^X be t: 1 " "^^^^^^^^ 
 ed m accordance with the tenns of the s„b:;fsion; T tS:?""""'' 
 covers too much, and the excessive uart can 1,„ f 
 
 the other, that which is good shall re.nat talid ''"''' "■"'" 
 
 §2*28. Under a general sulnnission the arbitrators are bonn 
 
532 
 
 PT. 2.— TIT. 7.— CHAP. 8.— Contracts. 
 
 Article 6. — Arbitrament and Award. 
 
 General sub- 
 mi seion. 
 
 Award. 
 
 Maybe valid 
 in part only. 
 
 Award by 
 umpire. 
 
 Beferenco 
 
 fiend enle 
 ite. 
 
 Scttinp aside 
 an award. 
 
 Fraud. 
 
 to decide only those matters brought to their consideration by 
 the parties. 
 
 § 2829. The award must be certain and iinal, although it may 
 be in the alternative; it must be i)0ssible and reasonable, and 
 must be made by the arbitrators themselves, or the umpire pro- 
 vided for in the submission, and not by other persons. 
 
 § 2830. If an award be defective in part, that "which is valid, 
 if capable of separation, shall stand. 
 
 § 2831. If an umpire be provided for in the ^ubmission, au 
 award by him alone, or jointly with the arbitratoi-s, will be good. 
 
 § 2832. Pending litigation may be referred to arbitration, un- 
 der an order of court, by consent of parties, and the aMard, when 
 rendered may be made the judgment of the court. 
 
 §2833. To sustain an award, no unfair advantage should be 
 iriven to either i)arty in the hearing of the case or the rendering 
 of the award. A palpable mistake of law, or a reference of any 
 matter to chance or lot, would vitiate an award. 
 
 §2834. Fraud in the arbitrators, or in either party in obtain- 
 ing an award, would set it aside. 
 
 ARTICLE VII. 
 
 OF PENDENCY OF ANOTHER ACTION AND FORMER RECOVERY. 
 
 Plaintiff re- 
 quired tu 
 elect 
 
 Section. 
 
 2835. Plaintiff required to elect. 
 
 2836. Attachment excepted. 
 
 2837. Suits bv informers. 
 
 Sectiok. 
 
 2838. Former judgment. 
 
 2839. Parol evidence admissible. 
 
 Attachment 
 excepted. 
 
 Suits by in- 
 formere. 
 
 § 2835. Xo suitor is entitled to prosecute two actions in the 
 courts of this State at the same time for the same cause and 
 airainst the same party, and in such a case the defendant may re- 
 (juire the plaintiff to elect which he will prosecute, if commenced 
 simultaneously ; and the pendency of the former is a good defence 
 to the latter, if commenced at different times. 
 
 § 2830. This rule does not apply to a prior attachment against 
 property where the defendant is subsequently served personally, 
 nor to an attachment sued out jyend^nte lite. But the judgment 
 in the case against the person must set out the fact of its identity 
 with the proceeding against the property. 
 
 § 2837. In suits by informers, the tirst filed in ofiice has prece- 
 dence for the same cause of action, and the latter must abate. 
 
PT. 2.— TIT. 7.— CHAP. 8.— Contracts. 583 
 
 Article 7. — Of pendency of another Action and former Recovery. 
 
 § 2S3S. An adjudication of the same subject matter in issue "i^'^'^^^^ 
 a former suit between tlie same parties, by a court of competent" 
 jurisdiction, should be an end of litigation. 
 
 § 2839. Parol evidence is admissible to show that a matter ap- Paroi evi- 
 
 "^ nil rten«o ad- 
 
 parently covered by the judgment M-as really not passed upon by missibio. 
 the court. 
 
 ARTICLE VIII. 
 
 OF SET-OFF AND RKCOUPMKXT. 
 
 Section. 
 2840. Set-off. 
 
 Sectio.v. 
 2847. Valuable improvements. 
 
 2841. What mav be. 2848. Effect of dismissal 
 
 2842. Mutual debt. 
 
 284o. Judgments. 
 
 2844. Set-off I's. cestui que trust. 
 
 2Mb. Set-off against negotiable note. 
 
 2846. Against testator or inte.state. 
 
 2849. Debts not due. 
 
 2850. Recoupment. 
 
 2851. Difference from set-off. 
 
 2852. For what it lies. 
 
 2853. When it lies. 
 
 §2840. Set-oft" is a defence which goes not to the justice ofset-oa-. 
 plaintiff's demand, but sets up a demand against the plaintift* to 
 counterbalance his in whole or in part. 
 
 §2S'il. Between the parties themselves any mutual demands what majr 
 existing at the time of the commencement of the suit may be set- 
 off. 
 
 §2842. Set-oft' nnist be between the same parties and in their Mutual 
 own right. If originally otherwise, but at the commencement of 
 suit equitably within this rule, they may be set-oft'. Thus, a 
 claim against a partnership may be set-oft* against a surviving 
 partner in a suit brought in his own right, and a debt due to prin- 
 cipal may be set-oft' in a suit against principal and surety. 
 
 §2843. Judgments in the same court maybe set-off against Judgments, 
 each other on motion, the l)alance on the larger being collectable 
 under execution. The rights of an assigneee shall not be inter- 
 fered with \^l>ona fide and for value. 
 
 §2844. If the plaintift" sues for the benefit of another person, sot-offw. 
 a set-oft' acrainst the beneficiary shall be allowed. trast*^"* 
 
 § 2845. "When a negotiable paper is sued by a holder or endor- set-off 
 see, received under dishonor, no set-off is allowed against the gouabie note 
 original payee except such as is in some way connected with the 
 debt sued on, or the transaction out of which it sprung. 
 
534 PT. 2.— TIT. 7.— CHAP. 8.— Contracts. 
 
 Article 8. — Of Set-off and Recoupment. 
 
 Anainet tes- § 2840. A debt of a testator or intestate is not a proper set-off 
 
 tator or in-"-. i • i ^ ./., 
 
 testate. agaiDst a debt contracted witli tlie representative <ji tiie estate. 
 
 But it is otherwise if both were contracted dnring the life time 
 
 of the decedent. 
 Vftiaabie § 2847. Against a claim for mesne j)rolits, the value of improve- 
 ments. ments made by one oona jide m possession under a claim ot right, 
 
 is a jiroper subject matter of set-oflf". 
 Efifectof 8 2848. After a plea of set-off is tiled, the plaintiff may not dis- 
 
 diBmiesal. *-■ ^ _ ^ •' 
 
 miss his action so as to interfere with such plea, unless- by leave 
 of the court on sufficient cause shown, and on terms prescribed 
 by the court. 
 
 Debts not §2840. If a plaintiff resides without this State, or is insolvent, 
 the defendants may set-off against him a debt not due, under 
 such equitable terms as may be prescribed by the court. 
 
 Eecoupment §2850. Kecoupuient is a right of the defendant to haxe a de- 
 duction from the amount of the plaintiff's damages, for the rea- 
 son, that the plaintiff has not complied with the cross obligations 
 (jr independent covenants arising under the same contract. 
 
 piffcrcnce § 2851. It differs from a set-off in this : the former is confined 
 
 Irom Bet-on. 
 
 to the contract on which plaintiff sues, while the latter includes 
 
 all mutual debts and liabilities. 
 Forwhatit §2852. liecoupiiient lies for overj>ayments by defendant, or 
 
 payments by fraud, accident or mistake. 
 Where it § 2853. Recoupment may be pleaded in all actions ex contractu^ 
 
 where from any reason, the plaintiff under the same contract, is 
 
 in good conscienc;e liable to defendant.* 
 
 Ues. 
 
 *For further provi.sions as to ?ct-off and recoupment, see Part 3, Title 3. Chapter 1. 
 
PT. 2.— TIT. 7.— CHAP. S.— ART. 9.— Contraots. 535 
 
 Section 1. — Periods of Lmiitaticn. 
 
 ARTICLE IX. 
 
 LIMITATION OF ACTIONS ON CONTRACTS. 
 Section 1. Periods of limitation. 
 Section 2. Exceptions and disabilities. 
 Section 3. New }:)romise. 
 
 SECTION I. 
 
 PERIODS OF LIMITATION. 
 
 Section. JSectio)}. 
 
 2854." On foreign men. I 2861. Certiorari. 
 
 2855. Pomestio judgment. | 2862. Writs of error. 
 
 2856. On specialties. ' 286.3. Executors, administrators, A(\ 
 
 2857. Statutory rights. 2864. Oilier actions ex contractu. 
 
 2858. Simple contracts . 2865. i^ood in efjuity. 
 
 2859. Open accounts. I 2866. Suits by informers. 
 
 2860. Bills of review and for new trial, j 
 
 §2854. All suits upon judgments obtained out of this State, on foreign 
 shall be brought within live years, after sucli judgment is 
 obtained. 
 
 §2855. No judgment hereafter obtained in the courts of this Domestic 
 State, shall be enforced after the expiration of seven years from 
 the time of its rendition, when no execution has Iieen issued 
 upon it ; or when execution has been issued, and seven years 
 shall have expired from the time of the last entry upon the ex- 
 ecution, nuide by an officer authorized to execute and return the 
 same ; smdi judgments may be revived by ^cire facias, or be 
 sued on, within three years from the time they become dormant. 
 
 § 2850. Actions upon Ijonds or other instrimients under seal, oh sppmi- 
 sliall be brought within twenty years after the right of action ^^^'^' 
 accrues, but no instrument shall be considered under seal, unless 
 so recited in the body of the instrument. 
 
 §2857. All suits for the enforcement of riglits accruing to indi- statutory 
 viduals under statutes, acts of incor})orati(>n, or by operati(ui of""^*^' 
 law, shall be brought witliin twenty years after tlie right of ac- 
 tion accrues. 
 
 §2858. All actions upon promissory notes, bills of exchange or siinpi«e«ii- 
 other simple contract in writing, shall be brought within six^'"*^'^' 
 years after tlie same becomes due and payable. 
 
536 PT. 2.— TIT. 7.— CHAP. 8.— ART. 9.— Contkacts. 
 
 Section 1. — Periods of Limitation. 
 
 Open ac- § 2859. All actions upon open account, or for the breach of 
 
 COQJQtS* T /I ^ 
 
 any contract, not under the hand of the party sought to be 
 charged, or upon any implied assumpsit or undertaking, shall be 
 brought within four years after the right of action accrues. 
 Bills of re- § 286(>. All bills of review or for a new trial, in a court of 
 
 view and for • / i ii i,. ii /»<» 
 
 new trial, cquity, (uuless the latter bc lounded on prooi oi perjury, in a 
 material witness for the successful party) shall l)el)rought M'ithin 
 three years after such decree or judgment has been rendered. 
 
 Certiorari. § 2861. All writs of Certiorari shall be allowed and brought 
 within three months after tlie rendition of the judgment sought 
 to be reversed. 
 
 Writs or §2862. All writs of error must be sued out within thirty days 
 
 from the adjournment of the court where the decision com- 
 plained of was made, or if made at chambers, from the time of 
 the decision. 
 
 Executors § 2863. All actions against executors, administrators, guardians 
 
 towl*&c.*'"' ^^' trustees, except on their bonds, must be brought witliin ten 
 years after the right of action accrues. 
 
 § 2864. All other actions upon contracts, express or implied, 
 
 tion8,«i; con- not hereinbefore provided for, must be brought within four years 
 
 trcuttii. ^ i ' ft J 
 
 from the accrual of the right of action. 
 Good in §2865. The limitations herein provided, apply equally to 
 
 equity. courts of law and equity, and in addition to the above, courts of 
 equity may interpose an equitable bar, in accordance with the 
 established rules of such courts, whenever, from the lapse of time 
 and laches of the complainant, it would ])e inequitable to allow 
 a party to enforce his legal rights. 
 
 §2866. All actions by informers to recover any fine, forfeiture. 
 
 Suits by in- 1^1111 , . , . " ^ 1 . 
 
 formers. or penalty, shall be commenced withm one year from the time 
 the defendant's liabity thereto was discovered, or by reasonable 
 diligence could have been discovered. 
 
 SECTION II. 
 
 EXCEPTIONS AXD DISABILITIES. 
 
 Sectiox. ISectio.v. 
 
 2867. Persons excepted. j 2871. Joint action and a p.irt barred. 
 
 2868. Occurring- after accrual oT right. ' 2872. Fraud. 
 
 2869. Unrepresented estate. ' 2873. Xon-suit or dismissal. 
 
 2870. Absence from State of defendant. ! 2874. If pleaded as set-off. 
 
 §2867. Married women, infants, idiots, or insane persons, or 
 
PT. 2.— TIT. 7.— CHAP. S.— ART. l^).— Contr.\ots. 537 
 
 Section 2. — Exceptions and Disabilities. 
 
 persons imprisoned, who are such when the cause of action ac- Persons es- 
 criies, shall be entitled to the same time, after the disability is re- 
 moved, to bring an action as is prescribed in this Code for other 
 persons. 
 
 §2868. If either of the foreoroinfi^ disabilities happens after the occurring 
 
 o n c^ XI after tho ac- 
 
 riffht of action accrues, and is not voluntarily caused or under- cruai of 
 
 • 1 ^ 1 T • • right. 
 
 taken by the person claiming the beneht thereof, the limitation 
 shall cease to operate during its continuance, 
 
 § 2869. The time occurrino; between the death of a ])erson and rnrepr>- 
 
 '- •- ^ , , sentea o«- 
 
 representatioii taken upon his estate, or between the termination tatf- 
 of one administration and the commencement of another, shall . 
 not be counted against his estate ; Frovuhd, such time does not 
 exceed five years ; but at the expiration of that time, the limita- 
 tion shall commence, though the cause of action accrued at\er 
 his death. 
 
 ^2870. If the defendant, in anv of the cases herein named, Absence 
 
 <-> 1 „ from State 
 
 shall remove from this State, the time of his absence from the^frtcfen- 
 State, and until he returns to reside, shall not be counted or es- 
 timated in his favor. 
 
 ^2871. If there is a ioint rin-ht of action, and some of the per- Joint action 
 
 ' • J- v'T and a part 
 
 sons having such right are under any of the foregoing disabili- i^an-ed. 
 ties, the terms mentioned herein shall not be computed against 
 such joint action, until all the disabilities are removed ; but if 
 the action might be severed, and each sue for his own share, those 
 free from disability shall be barred, and the rights of those only 
 protected who arc under such disability. 
 
 §2872. If the defendant, or those under whom he claims, has Fraud, 
 been guilty of a fraud by which the plaintiff has been debarred 
 or deterred from his action, the period of limitation shall run 
 only from the time of the discovery of the fraud. 
 
 §2873. If a plaintiff shall be non-suited, or shall discontinue Non-suit or 
 or dismiss his case, and shall re-commence within six months, 
 such renewed case shall stand upon the same footing as to limi- 
 tation with the original case ; but this privilege of dismissal and 
 renewal shall be exercised only once under this clause. 
 
 §2874. Where any matter has been pleaded as a set-off' in a if pleaded as 
 suit, and the suit is dismissed, or the case is otherwise disposed 
 of without a hearing upon the merits of the set-off, such set-off 
 shall not be barred until the expiration of six months next after 
 the time of such disposition of such suit. 
 
538 
 
 FT. 2.— TIT. 7.— CHAP. 8.— ART. 9.— Contracts. 
 
 Section ?.. — New Promise. 
 
 SECTIO^^ III. 
 
 NEW PROMISE. 
 
 Section. 
 2875. Must be in writing. 
 287 G. Credit on note. 
 2877. Kffect of new promise. 
 
 Section. 
 
 j 2878. By partner. 
 
 I 2879. Ey joint contractor. 
 
 Must lip in 
 writlBg. 
 
 § 2875. A new promise, in order to renew a right of action al- 
 ready barred, or to constitnte a point from wliicli the limitation 
 sliall commence running on a right of action not yet barred, must 
 be in M-riting, either in the party's own handwriting, or sub- 
 scribed by him, or some one autiiorized by liim. 
 
 §287(). A payment entered upon a written evidence of debt 
 by tlie debtor, or any otlier M'ritten acknowledgment of the ex- 
 isting liability, is ecjuivalent to a new promise to pay. 
 
 § 2877. A new promise revives or extends the original liability. 
 It does not create a new one. 
 Bypftrinor. §2878. After the dissolution of a partnershij), a new })romise, 
 by one partner, revives or extends the jiartnershij) debt only as 
 to himself, and not as to his co-partniers. 
 
 §2879. In cases of joint or joint and several contracts, a new 
 promise, by one of the contractors, «>perates only against himself. 
 
 Credit on 
 note. 
 
 EflTect of 
 new prom 
 
 By joint 
 coDkra«tor. 
 
 Breach of 
 entire, &,c. 
 
 CPIAPTEIl IX. 
 
 OF BREACH AND DAMAiJES. 
 
 Section. 
 2880. Breach of entire, &c, 
 28S1. Liqiiidated damages. 
 
 2882. Penalties. 
 
 2883. Expense of litigation. 
 
 2884. Exemplary damages. 
 
 2885. Remote damages. 
 288G. Interest. 
 
 Section. 
 
 2887. Nominal damages. 
 j 2888. Discretion of jury. 
 I 2889. On covenants, 4c. 
 { 2890. On bond for titles. 
 
 2891. Necessary expen.se. 
 I 2892. Warranty of title of skive. 
 ' 2S9.3. Of soundness. 
 
 § 2880. If a contract be entire, but one suit can be maintained 
 for a breach thereof; but if it be severable, or if the breaches oc- 
 cur at successi\e periods in an entire contract, (as where money 
 is to be paid liy installments, ) an action will lie for each breach ; 
 but all the breaches occurring up to the commencement of the 
 action, must be included therein. 
 
 §2881. Damages are given as compensation fur the injury su&- 
 
PT. 2.— TIT. 7.— Contracts. 639 
 
 Chapter 9. — Of Breach and Damages. 
 
 tained. If the parties agree, in their contract, what the dama- Liquidated 
 
 A ci ' damages. 
 
 ges for a breach shall be, they are said to be liquidated, and un- 
 less the agreement violates some principle of law, the parties are 
 bound thereby. 
 
 §2882. Penalties in bonds are not liquidated damages, and Penalties, 
 even if called such, yet if it appears unreasonable, and not so ac- 
 tually intended by the parties, the law will give only the actual 
 damages ; and in all cases where the damage is capable of com- 
 putation, and is not uncertain in its character, such stipulations 
 will be declared not to be penalties. 
 
 § 2883. The expenses of litigation are not generally allow^ed as Expense of 
 a part of the damages ; but if the defendant has acted in bad 
 faith, or has been stubbornly litigious, or has caused the plaintiff 
 unnecessary trouble and expense, the jury may allow them, 
 
 §2884. Exemplary damages can never be allowed in cases Exwnriary 
 
 damages. 
 
 arising on contracts. 
 
 §2885. Remote or consequential damages are not allowed Kemote 
 whenever they cannot be traced solely to the breach of the con- 
 tract, or unless they are capable of exact computation, such as 
 the profits, which are the immediate fruit of the contract, and 
 are independent of any collateral enterprise entered into in con- 
 templation of the contract. 
 
 § 288tK In all cases where an amount ascertained would be interest. 
 the damages at the time of the breach, it may be increased by 
 the addition of legal interest froui that time till the recoveiy. 
 
 § 2887. In every case of breach of contract the other party has Nominal 
 a right to damages ; but if there has been no actual damage, the '^™'*"^^" 
 plaintiff can recover nominal damages wJiich will carry the costs. 
 But if the defendant, before suit is brought or afterwards, and be- 
 fore trial, tenders to the plaintiff as much, or more than he finally Tender. 
 recovers, no costs shall be recovered accruing subsequent to the 
 tender. 
 
 §2888. The question of damages l)eing one for the jury, the Discretion of 
 court should not interfere, unless the damages are either so small '^'^''^' 
 or so excessive as to justify the inference of gross mistake or 
 undue bias. 
 
 § 2889. Upon a covenant of warranty of title to land, the dam- on cove- 
 ages should be the purchase money, with interest thereon from S^H^' 
 the time of sale, unless the jury should think under the circum- 
 stances of the case, that the use of the premises was equal to the 
 interest on the money, and that such equitable set-off should be 
 
540 
 
 PT. 2.— TIT. 7.— Contracts. 
 
 Chapter 9. — Of Breach and Damages. 
 
 On bond for 
 titles. 
 
 Necesciry 
 expense. 
 
 allowed. If valuable improvements have been made, the interest 
 should be allowed. 
 
 § 2890. Upon breach of a bond for titles to land, the value of 
 the premises at the time of the breach, with interest thereon, 
 should be the measure of damages. But if the vendee has brought 
 up the outstanding title, the actual damage sustained by him on- 
 ly, can be recovered. 
 
 §2891. Any necessary expense which one of two contracting 
 parties incurs in complying with the contract, may be recovered 
 as damages. 
 
 2892. Upon breach of a covenant of warranty of title to a 
 slave, the measure of damages should l)e the purchase money, 
 with interest thereon. When the circumstances render it equit- 
 able, the jury may set-off the hire of the slave against the interest. 
 
 § 2893. Upon a covenant of warranty of soundness of a slave, 
 the measure of damages should be the difference between the 
 price paid and the actual value of the unsound slave, with inter- 
 est on such balance from the time of sale. 
 
 title 
 
 rantv 
 of eix 
 
 Of sound- 
 ness. 
 
 TITLE VIII. 
 
 OF TORTS OR INJURIES TO PERSONS OR PROPERTY. 
 
 Chapter 1. General principles, and herein of fraud and deceit. 
 
 Chapter 2. Of injuries to the person. 
 
 Chapter 3. Of injuries to property. 
 
 CuAi'TER 4. Of defences. 
 
 Chapter 5. Of damages. 
 
 CHAPTER I. 
 
 GENERAL PRINCIPLES AND HEREIN OP FRAUD AND DECEIT. 
 
 Sectiox. 
 
 2894. What are torts. 
 
 2895. Injurr common to all. 
 
 2896. FaUing in legal duty. 
 
 2897. Private duties. 
 
 2898. ElecUon. 
 
 2899. Pnrity. 
 
 2900. Fraud and damage. 
 2^01. Deeeit. 
 
 Section. 
 
 2902. Letters to obtain credit. 
 
 2903. Torts to wife, &c. 
 
 2904. By wife, servant. &c. 
 
 2905. By employee. 
 
 2906. Ratification. 
 
 2907. Vicious animals. 
 
 2908. Frauds by acts or silence. 
 
 2909. Action does not abate. 
 
FT. 2.— TIT. 8.— ToETs. 541 
 
 Chapter 1. — General Principles, and herein of Fraud and Deceit. 
 
 § 2894. A tort is a legal wrong committed upon the person or what are 
 property indei>endent of contract. It may be either — 
 
 1. A direct invasion of some legal right of the individual. 
 
 2. The infraction of some public duty by wliich special dam- 
 age accrues to the individual. 
 
 3. The violation of some private obligation by which like dam- 
 age occurs to the individual. 
 
 In the former case, no special damage is necessary to entitle 
 the i)arty to recover. In the two latter cases, such damao-e is 
 necessary. 
 
 § 2895. Injury in connnon with the community, though to a j^^^^y eom- 
 greater extent, will not give a right of action for the infraction"*"*^"""- 
 of some public duty. It must be some special damao-e to the in- 
 dividual in which the public have not })articipated, althouo-h lia- 
 ble thereto. 
 
 § 289G. When the law requires one to do an act for the benefit F^iung in i^. 
 of another, or to forbear the doing of that which may injure ^"^ *"'•''■ 
 another, though no action be given in express terms upon the ac- 
 crual of damage, the party may recover. 
 
 § 2897. Private duties may arise eitlier from statute or flow Privnte du- 
 from relations created by contract, express or implied. The vio- ^'''*' 
 lation of any such specific duty, accompanied with damage, gives 
 a right of action. 
 
 § 2^98. When a transaction partakes of the nature both of a mecu,^,. 
 tort and a contract, the party complainant may waive the one 
 and rel}^ solely upon the other. 
 
 § 2899. No privity is necessary to support an action for a tort. Privity, 
 but if the tort results from the violation of a duty itself, the con- 
 sequence of a contract, the right of action is confined to the par- 
 ties and privies to that contract, except in cases where the party 
 would have had a right of action for tlie injury done, independ- 
 ent of the contract. 
 
 §2900. Fraud by one, accompanied with damage to the party f^u^ and 
 defrauded, in all cases gives a right of action. damage. 
 
 § 2901. Willful misrepresentation of a material fact made to in- Deceit, 
 duce another to act, and upon which he does act to his injury, 
 will give a right of action ; mere concealment of such a fact un- 
 less done in such a manner as to deceive and mislead will not 
 support an action. In all cases of deceit, knowledge of the false- 
 hood constitutes an essential element. A fraudulent or reckless 
 representation of a fact as true, which the party may not know 
 
542 PT. 2.— TIT. 8.— Tokts. 
 
 Chapter 1. — General Principles, and herein of Frand and Deceit. 
 
 to be false, if intended to deceive, is equivalent to a knowledge 
 of the falsehood. 
 Letters to § 2902. No action shall be sustained for deceit in representation 
 
 obtain credit , t „ i i . . , . 
 
 to obtain credit lor another, unless such misrepresentation be in 
 writing, signed by the party to be charged therewith. 
 
 Torts to wife § 2l>03, Every person may recover for torts committed to him- 
 self or his wife, or his child, or his ward, or his servant, or his 
 slave. 
 
 By wifo.ser- (S 29(14. p]very person shall be liable for torts committed by his 
 Wile, and tor torts committed by his child, or servant or slave by 
 his command, or in the prosecution, and within the scope of his 
 business, whether the same be by negligence or voluntary. 
 
 By em- § 290,5. The employer is not responsible for torts committed 
 
 1) oyee. ^^^ ^^.^ employee when the latter exercises an independent busi- 
 ness, and in it, is not subject to the immediate direction and 
 control of the employer. 
 
 Ratification. § 2900. Bv ratification of a tort committed for one's benefit, the 
 ratifier becomes liable, as if he commanded it, otherwise, if the 
 act was done for the lienefit of a third person. 
 
 vicious ani- §2907. A pei'sou who owns or keeps a vicious or dangerous 
 
 "'■''*■ animal of any kind, and by the careless management of the same, 
 
 or by allowing the same to go at liberty, another witiiout fault 
 on his part is injured thereby, such OMmer or keeper shall be lia- 
 ble in damages for such injury. 
 
 Fniudsby §2908. A tVaud may be committed by acts as well as words. 
 
 lenca. Aiid oiie wlio silcutly stands by and permits another to purchase 
 his proj^ertj without disclosing his title, is guilty of such a fraud, 
 as estops him from subsequently setting up such title against the 
 purchaser. 
 
 Action does § 2909. No actiou for a tort shall abate by the death of either 
 
 tvot.ibate. <^ i . /> i 
 
 party where the wrong doer received any beneht from the tort 
 complained of. 
 
PT. 2.— TIT. 8.— CHAP. 2.— Torts. 
 
 543 
 
 Article 1. — Physical Injuries. 
 
 CHAPTER II. 
 
 OF INJURIES TO THK PKRSOX. 
 
 Article 1. Physical injuries. 
 
 Article 2. Reputation. 
 
 Article 3. Other injuries to tlie j)erson. 
 
 ARTICLE I. 
 
 PHYSICAL INJURIHS. 
 Sectiox. ISectiox. 
 
 2!110. lutcution. | 291:!. Homicide of liusbaud or fatlier. 
 
 2!ni. What IS a tort on person. | 2!1U. Diligence of plaintiff. 
 
 2012. If a felony. | 2915. Malpract.oeof surgeon or physician. 
 
 ^ § 2910. A physical injury done to another i^-ives a right of ac- i,„ention. 
 tion, whatever may be the intention of the actor, unless he is 
 justitied under some rule of law. Tlic intention should be con- 
 sidered in the assessment of damag'es. 
 
 §2911. Any violent injury or attempt to commit a i)hvsical Whati.n 
 injury illeg-ally upon a person, is a tort for which damajre; mav «-'"'"' 
 be recovei'ed. 
 
 §2912. If the injury amounts to a felony, as defined by this ir a foiony. 
 Code, the person injured must either simultaneouslv or concur- 
 rently, or previously, prosecute for the same, oi- allege a good ex- 
 cuse for the failure so to i3rosecute. 
 
 § 2913. A widow, or if no widow a child or children, mav re- 
 cover for the homicide of the husband or parent; and if suit be """ami''' 
 brought by the widow or children, and the former, or one of tlie ''"'"" 
 latter, dies pending the action, the same shall survive in the lirst 
 case to the children, and in the latter case to the surviving child 
 or children. ^ 
 
 §29U. If the plaintiff, by ordinary care, could have avoided T)i,i^e„< 
 the consequences to himselt; caused by the defendant's ne^lio-ence ^''"""*' 
 he IS not entitled to recover. But in other cases the defendant 
 1^ not relieved, although the plaintiff mav, in some way have 
 «ontributed to the injury sustained. 
 
 i.t!vi!!''/ T- '' r^^^^^"^ *^ P^*^^'^^^^ «"rgery, or the admin- M.upraetic 
 istenng of medicine for a compensation, must bring to the exer-a^fS^ 
 cise of his profession a reasonable degree of care and skill- any""" 
 in.iury resulting from a want of such care and skill will be a tort 
 lor winch a recovery may be had. 
 
 •pnce ot 
 
544 PT. 2.— TIT. 8.— CHAP. 2.— ART. 2.— Torts. 
 
 Section 1; — Of Libel and Slander. 
 
 ARTICLE II. 
 
 INJI'RIES TO RKPTTTATIOX. 
 
 Section 1. Libel and slander. 
 Section 2. IMalicious prosecution. 
 
 SECTION' I. 
 
 OF LIBKL AND SLANDER. 
 
 Section. Section. 
 
 2916. Libel. ; 2920. Charge of adultery with negro. 
 
 2917. Malice. ! 2921. Truth. 
 
 2918. Publication. i 2922. Privileged communications. 
 
 2919. Slander. 'i 2923. Malicious use of 
 
 Libel. § 2910. A libel is a false and malicious defamation of another, 
 
 expressed in print, or writing, or pictures, or signs, tending to in- 
 jure tlie reputation, as an individual, and exposing him to public 
 hatred, contempt, or ridicule. The publication of the libellous 
 matter is essential to a recovery. 
 
 Malice. § 2917. In all actions for ])rinted or spoken defamation, malice 
 
 is inferred from the character of the charge. The existence of 
 malice may be rebutted by proof, which, in all cases, will go in 
 mitigation of damages, and in cases of privileged communica- 
 tions, will be in bar of the recovery. 
 
 PnbUcation. § 2918. A libel is published so soon as it is communicated to 
 any person, other than the party libelled. 
 
 Slander. §2919. Slander, Or oi'al defamation, coiisists : Hi-st, in imputing 
 
 to another a crime punishable by law ; or, second, charging him 
 with having some contagious disorder, or being guilty of some 
 debasing act, which may exclude him from society; or, third, in 
 charges made on another in reference to his trade, office, or pro- 
 fession, calculated to injure him therein; or, fourth, any disparag- 
 ing words, productive of special damage, Howing naturally there- 
 from. In the latter case, the special damage is essential to sup- 
 port the action ; in the three former, damage is inferred. 
 
 Charge of §2920. Ally charge Or iutimatioii agaiiist a free white female 
 
 witbTsiave. of having sexual intercourse with a slave, or free person of color, 
 is slanderous, without proof of special damage. 
 
 Truth. § 2921. The truth of the charge made may always be proved 
 
 in justification of the libel or slander. 
 
PT. 2.— TIT. S.— CHAP. 2.— AET. 2.— Torts. 545 
 
 Section 1. — Of Libel and Slander. 
 
 S 2922. The following are deemed privilenred communications: Privileged 
 
 <-' ~ i o eoramumca- 
 
 1. Statements made hona fide in the performance of a public tions. 
 duty. 
 
 2. Similar statements in the performance of a private duty, 
 either legal or moral. 
 
 3. Statements made with the lonafide intent, on the part of 
 the speaker, to protect his own interest in a matter where it is 
 concerned. 
 
 4. Fair and honest reports of the proceedings of Legislative or 
 Judicial bodies. 
 
 5. Comments of counsel, fairly made, on the circumstances of 
 Ids case, and the conduct of parties in connection therewith. 
 
 6. Comments upon the acts of public men, in their public ca- 
 pacity, and with reference thereto. 
 
 § 2923. In every case of privileged communications, if the privi- Malicious 
 lege is used merely as a cloak for venting private malice, and not"*°°" 
 hona fide in promotion of the object for which the privilege is 
 granted, the ]»arty defamed has a right of action. 
 
 SECTION II. 
 
 MALICIOUS PROSECUTION. 
 
 Section. ' 
 
 2924. Malicious prosecution. 
 
 2925. Probable cause. 
 
 292G. Evidence of prosecutor. 
 2927. Grand jurors exempt. 
 
 Sectiox. 
 
 2928. Measure of damages. 
 
 2929. Malice inferred. 
 
 2930. What is a prosecutioiL 
 293L When the right accrues. 
 
 § 2924. A criminal prosecution, maliciously carried on, and Malicious 
 without any probable cause whereby damage ensues to the per- p''"*'^'^" "*"• 
 son prosecuted, gives him a cause of action. 
 
 §2925. "Want of probable cause shall be a question for the Probabio 
 jury, under the direction of the court, and shall exist when the *^'"^^'^' 
 circumstances are such as to satisfy a reasonable man that the ac- 
 cuser had no ground for proceeding but his desire to injure the 
 accused. 
 
 § 2926. In investigating the question of probable cause, the j-^idence of 
 evidence given by the prosecutor himself upon the criminal p'""'®*"'*'"- 
 prosecution, may be submitted to the jury by either party, the 
 credibility thereof to be determined by them. 
 
 § 2927. No member of a grand jury is liable to an action for a Grand ju- 
 malicious prosecution upon a presentment made by the body, but '"'*" «^«™p^- 
 35 
 
546 
 
 PT. 2.— TIT. 8.— CHAP. 2.— ART. 2.— Torts. 
 
 Section 2. — Malicious Prosecution. 
 
 Instigator. 
 
 Measure of 
 dam.tges. 
 
 Malice infer 
 ed. 
 
 What is a 
 prosecution. 
 
 When tlie 
 right ac- 
 crues. 
 
 if siicL. presentment is made at the instigation of a third person, 
 from malice on his part, and without probable cause, he shall be 
 liable, as if he was named as prosecutor. 
 
 § 2928. The recovery shall not be confined to the actual damage 
 sustained by the accused, but shall be regulated by the circum- 
 stances of each case. 
 
 § 2929. A total M-ant of probable cause is a circumstance from 
 which malice may be inferred, but such inference may be rebut- 
 ted l)y proof. 
 
 § 2930. An inquiry before a committing court, or Justice of the 
 Peace, amounts to a prosecution. 
 
 §2931. Tlie prosecution must be ended before the right of ac- 
 tion accrues. 
 
 Definition. 
 
 Under war- 
 rant 
 
 Presunnp-] 
 tion. 
 
 ARTICLE III. 
 
 OTriER TORTS TO THE PKHSON. 
 
 Section 1. False imprisonments. 
 
 Section 2. Malicious arrest. 
 
 Section 3. Nuisances and other injuries to liealth. 
 
 SECTION I. 
 
 falsp: imprisonment. 
 
 Section. 
 2932. Definition. 
 293.3. Under warrant. 
 
 ; Section. 
 
 i 2934. Joint act of several. 
 
 § 2932. False imprisonment consits in the unlawful detention 
 of the person of another, for any length of time, whereby he is 
 deprived of his personal liberty. 
 
 § 2933. If the imprisonment is by virtue of a warrant, neither 
 the party honafide sueing out, nor the officer who in good faith 
 executes the same, is guilty of false imprisonment, though the 
 warrant be defective in form, or be void for want of jurisdiction, 
 in such cases the good faith must be determined from the cir- 
 cumstances of each case. The same is true of the judicial officer 
 issuing the warrant, the presumption being always against him 
 as to good faith, when he has no jurisdiction. 
 
PT. 2.— TIT. 8.— CHAP. 2.— ART. 3.— Torts. 547 
 
 Section 1 — False Imprisonment. 
 
 §2934. If the imprisonment be the act of several persons, the Joint act of 
 
 1 ••! 1 ^ • ' • • ^ mill several. 
 
 part}' may sue them jointl}- or separately, and it jointly, all shall 
 be responsible for the entire recovery. 
 
 SECTION 11. 
 
 MALICIOUS ARREST. 
 
 Section. 
 
 2935. Definition. 
 
 2936. Malice. 
 
 Section. 
 
 2937. rrobiible cause. 
 
 2938. Person exempt. 
 
 § 2935. An arrest under process of law, without probable cause, Deflniuon. 
 when done maliciously, gives a right of action to the party 
 arrested. 
 
 § 2936. Malice may consist in personal spite, or in a general Maiiee. 
 disregard of the right consideration of mankind directed by 
 chance against the individual injured. 
 
 §2937. " Want of probable cause" is the same in this action, Probabie 
 as in " malicious prosecution.'^ '"''■'"*"• 
 
 §2938. The willful arrest under civil process, of a person ex- Person ex- 
 empt by law from such arrest, shall be deemed malicious until ^™^'' 
 the contrary is proved. 
 
 SECTION III. 
 
 XUISANCi':S AND OTHER INJURIES TO HEALTH. 
 
 Sectiox. 
 
 2939. Public or private. 
 
 2940. Special damage. 
 
 2941. Injuiy to person or property. 
 
 2942. "What is a nuisance. 
 
 2943. Riuht of alienee. 
 
 Sectiox. 
 
 2944. Injunction. 
 
 2945. Unwholesome provisions. 
 
 2946. Adulterated drugs. 
 
 2947. Mistake of druggist. 
 
 §2939. Nuisances are either public or private. A public pnbiic and 
 nuisance is one which damages all persons who come within the ''""'"'' 
 sphere of its operations, though it may vary in its elfects on 
 individuals. A private nuisance is one limited in its injurious 
 effects to one or a few individuals. Generally, a public nuisance 
 gives no right of action to any individual but muse be abated by 
 a process instituted in the name of the State. A private nui- 
 sance gives a right of action to the person injured. 
 
548 
 
 PT. 2.— TIT. 8.— CHAP. 2.— AKT. 3.— Torts. 
 
 Section 3. — Nuisances and other Injuries to Health. 
 
 Special dam 
 ages. 
 
 Injury to 
 person or 
 property. 
 
 "What is .a 
 nuisance. 
 
 Right of 
 alienee. 
 
 Injunction. 
 
 Unwhole- 
 some prori- 
 
 Adnlteroted 
 drugs. 
 
 Mistake of 
 druggist. 
 
 § 2940. If, however, a public nuisance causes special damage 
 to an individual, in which the public do not participate, such 
 special damage gives a right of action. 
 
 §2941. A private nuisance may injure either the person or 
 property, or both, and in either case a right of action accrues. 
 
 § 2942. A nuisance is anything that worketh hurt, inconve- 
 nience or damage, to another, and the fact that the act done may 
 otherwise be lawful, does not keep it from being a nuisance. 
 The inconvenience complained of must not be fanciful, or such 
 as would affect only one of fastidious taste, but it must be such as 
 would affect an ordinary reasonable man. 
 
 § 2943. The alienee of the person owning the property injured, 
 may sue for a continuance of the nuisance ; so the alienee of the 
 property causing the nuisance is responsible for a continuance of 
 the same. In the latter case, there must be a request to abate 
 before action brought. 
 
 §2944. Where the consequences of a nuisance about to be 
 erected or commenced will be irreparable in damages, and such 
 consequences are not merely possible, but to a reasonable degree 
 certain, a court of equity may interfere to arrest a nuisance 
 before it is completed. 
 
 § 2945. A person who knowingly or carelessly sells to another 
 unwholesome provisions of any kind, the defect l)eing unknown to 
 the purchaser, and damage results to the purcliaser, or his fiimily, 
 or his property, such person shall be liable in damages for such 
 injury. 
 
 § 2946. A pereon who knowingly or carelessly, by himself or 
 his agents, sells to another adulterated drugs or liquors, by the 
 use of which, damage accrues to the purchaser or his patients, or 
 his family, or his property, shall be liable in damages for the in- 
 jury done. 
 
 § 2947. If a vendor of drugs and medicines, by himself or his 
 agent, either knowingly or negligently furnishes the wrong article 
 or medicine, and damage accrues from the use of the drug or 
 medicine furnished to the purchaser, or his patients, or his family, 
 or his property, the vendor shall respond in damages for the in- 
 jury done. If death ensues to the purchaser, in any case arising 
 under this or the two foregoing paragraphs, the right of action 
 shall be to the widow or children as prescribed in cases of physi- 
 cal injuries. 
 
PT. 2.— TIT. 8.— CHAP. 2.— ART. 3.— Torts. 549 
 
 Section 4. — Of Indirect Injuries to the Person. 
 
 SECTIO^^ lY. 
 
 OF INDIRECT INJURIES TO THE PERSON. 
 
 Sectiox. ;Sectiox. 
 
 2948. Negligence by trustee. j 2952. Furnishing hquor to minor sou. 
 
 2949. Abducting or harboring wife. 2953. Or gaming with him. 
 
 2950. Criminal conversation. \ 2954. Procurer of wrong, Ac. 
 
 2951. Seduction of daughter. 
 
 S294S. In every ease of trust or confidence reposed, in consid- Neeiigenco 
 
 * . - . , , . , , by trosteo. 
 
 eration of a reward paid or promised, ncgligenee m the person 
 trusted, to the injury of the otlier, will give a right of action. 
 
 §2940. A husband has a ri'ght of action against another for Abducting 
 abducting or harboring his wife. Furnishing shelter and food to wife, 
 a wife driven from her home l>y cruel treatment, is an act of hu- 
 manity, and gives no right to the husband. 
 
 § 2950. Adultery, or criminal conversation with a wife, gives crim. con. 
 a right of action to the husband. In such cases, proof of the 
 marriage may be made by general reputation, and the parties 
 living together as man and wife. 
 
 § 2951. The seduction of a daughter unmarried and living with seduction of 
 
 11'nii • "^'1 daughter. 
 
 her parent, whether loUowed by pregnancy or not, gives a right 
 of action to the lather or to the mother, if the father be dead, or 
 absent })ermaneiitly, or refuses to sue. No loss of service need 
 be alleged or proved. The seduction is the gist of the action, 
 and in well defined cases the damages should be exemplary. 
 
 § 2952. A father, or if the father be dead, a mother shall have Furnishing 
 a right of action against any person who sells or furnishes spirit- lienor son. 
 uous liquors to his or her son, under age, for his own use, and 
 without his or her permission. 
 
 § 2953. A like right of action shall accrue against any person Gaming 
 who shall play and bet at any game of chance, with a minor son, 
 
 for money or other thing of value. 
 
 §2954. In all cases, lie who maliciously procures an injury to Procurer of 
 be done to another, M'hether it be an actionable wrong or a breach joint wrong- 
 of contract, is a joint wrong-doer, and may be sued either alone 
 or jointly with the actor. 
 
550 
 
 PT. 2.— TIT. 8.— CHAP. 3.— Torts. 
 
 Article 1.— To Real Estate. 
 
 CHAPTER III. 
 
 OF INJURIES TO PROPERTY. 
 
 Akticle 1. To real estate. 
 
 Akticle 2. To personalty generally. 
 
 Akticle 3. To slaves. 
 
 Artu.lk 4. P)y railroad companies. 
 
 AKTICLE I. 
 
 TO REAL ESTATE. 
 
 Skctiox. 
 2955. Interfering witli onjoynienl. Ac. 
 295G. Right of possession. 
 
 2957. Bare possession. 
 
 2958. Bare title. 
 
 2959. Dis]inted possession. 
 
 Section. 
 29C0. Water courses. 
 
 2961. Underground streams. 
 
 2962. Rights above and below surface. 
 j 2963. Right of way or of common. 
 
 I 2964. Slander of title. 
 
 Interfering 
 with enjoy- 
 lucnt ot'. 
 
 Right of 
 poBBession. 
 
 Bare posees- 
 si on. 
 
 Bare title. 
 
 Disputed 
 possesBion. 
 
 Water 
 courses. 
 
 §2055, The right of enjoyment of private proj)erty l)eing an 
 absolnte right of every citizen, every act of another, which nnlaw- 
 fnlly interferes with such enjoyment, is a cause of action. 
 
 § 2956. The hare right of possession to lands authorizes their 
 recovery by the owner of such right, and ako damages for the 
 withholding of the right. 
 
 § 2957. The bare possession of lands authorizes the possessor to 
 recover damages from any person who wrongfully, in any man- 
 ner, interferes with such jiossession.'" 
 
 §2958. The person having title to lands, if no one is in actual 
 possession under the same title with him, may maintain an action 
 for a trespass thereon ; and if a tenant be in possession, and the 
 trespass be such as injures the freehold, the owner, or a i-emain- 
 der-man or reversioner, may still maintain trespass. 
 
 § 2959. Where two persons claim to have actual possession of 
 the same land, he is deemed in possession, who has tlie legal 
 title, and the other is a trespasser. 
 
 § 2960. The owner of land is entitled to the free and exclusive 
 enjoyment of all water courses, not navigable, flowing over his 
 land ; and the diverting of the stream, wholly or in part from 
 the same, or the obstructing thereof, so as to impede its course 
 ov cause it to overfloM' or injure his land, or any right appurte- 
 
 *See Title 6. Cliapter 7. 
 
FT. 2.— TIT. 8.— CHAP. 3.— Torts. 551 
 
 Article ].— To Real Estate. 
 
 nant thereunto, or the adulterating thereof, so as to interfere 
 with its vahie to him, is a trespass upon his property. 
 
 § 2961. The course of a stream of water iinderrrround, and itsundor- 
 
 -,..■, ^ . f, I'm 1 ^ • ground 
 
 exact condition before its nrst use, are so diincult ot ascertain- streams, 
 ment, that trespass cannot be broiiglit for any supposed inter- 
 ference with the rights of a proprietor. 
 
 §2962. The owner of realty having title downwards and up- Rights 
 
 1 n 1 n ^ • '^' • t i • • i ^ above and 
 
 wards indefinitely, an unlawful mteiierence with his rights, be- ^eiow the 
 
 , surface. 
 
 low or aboye the surface, alike gives him a right of action. 
 
 §2963. The unlawful interference with a ricfht of way, or ofRigiitof 
 
 ^ ^ _ ' » ' way, &c. 
 
 common, is a trespass to the party entitled. 
 
 §2964. The owner of any estate in lands may maintain an ac-sinnderof 
 tion for libellous or slanderous words, falsely and maliciously im- 
 pugning his title, if any damage has accrued to him therefrom. 
 
 AliTICLE II. 
 
 OF IN.TURIKS TO PERSONALTY (tENKRALLY. 
 
 Section. | Section. 
 
 2965. Tnjury to possession. | 2968. Trespas.s. 
 
 2966. ]\[ere possession. j 2909. In cases of bailment. 
 29G7. Trover. 1 2970. Remainder interest. 
 
 §2965. The owner of personalty is entitled to the possession ^"Jury to 
 
 , ,.,,,. . ^ possession. 
 
 thereof. Any deprivation of such possession is a tort for which 
 an action lies. 
 
 §2966. Mere possession of a chattel, if without title, or wrong- Mere pos- 
 fully, will give a right of action for any interference therewith, "'*"'''"■ 
 exce})t as against the true owner or the i)erson wrongfully de- 
 prived of possession. 
 
 §2967. Trover may be nscd as a form of acli-.n t(» recover the Trover. 
 Xwssession of chattels, an alternative verdict in damages, to be 
 discharged on delivery of the property, being taken ; but it shall 
 not be necessary to prove any conversion of the ju-operty where 
 the defendant is in ])ossessioii when tlie action is brought. 
 
 §2968. Any abuse of, or damage done to the personal pro- Trespass, 
 perty of another unlawfully, is a trespass for whicli damages 
 may be recovered. 
 
 §2969. In cases of bailments, where the possession is in the in rases of 
 bailee, a trespass, committed during the existence of the bail- ^""''"''"'^• 
 ment, will give a right of action to the bailee for the interference 
 
552 
 
 PT. 2.— TIT. y.— CHAP. 3.— Tokts. 
 
 Article 2. — Of Injuries to Personalty GeneraDy. 
 
 Bemaindei- 
 IntercBts. 
 
 with his special property, and a concurrent right of action to the 
 bailor for tlie interference with Ins general property. 
 
 §2970. A remainder-man, or reversioner of personalty, may 
 maintain an action against a wrong-doer for any injury going to 
 destroy tlie existence or ultimate value of the property. In such 
 cases tlie tenant in possession, and remainder-man or reversioner, 
 may sue jointly for the injury to the entire estate, the recovery 
 beiner held under like limitations. 
 
 ARTICLE III. 
 
 Section'. 
 
 OF IXJrRIKS TO SL.WKS. 
 Section. 
 
 2971. General principles. 
 
 2972. To master's title. 
 
 2973. Injury by co-employee. 
 
 2974. Corrupting a slave. 
 
 2975. Inducinp to crime. 
 297G. llarboring Fugitive. 
 
 Cicneral 
 Principles. 
 
 To Master's 
 Title. 
 
 Injury hy 
 co-employee 
 
 Corrupting 
 a Slavn. 
 
 Inducing to 
 Crime. 
 
 Harboring 
 FugitlTe. 
 
 §2971. All the principles stated in the preceding article apply 
 to slaves. From the peculiar nature of this propert}-, other prin- 
 ciples are specially applicable to them. 
 
 §2072. The master may also maintain an action for libellous 
 and slanderous words, falsely and maliciously impugning his ti- 
 tle to his slave, if actual damage has accrued to him therefrom. 
 
 § 2973. The rule of law that a i)rincipal is not liable lor the 
 trespass or injury occuring to one employee from the negligence 
 or misconduct of another, while engaged in the same service, is 
 not applicable to the case of slaves so employed. In all such ca- 
 ses, the master has a right of action. 
 
 § 297i. One who voluntarily corrupts the slave of another by 
 furnishing him with spirituous liquors, encouraging him to steal 
 or ,to runaway, or otherwise to render him less valuable to his 
 master, commits a tort, for which the master may recover in 
 damages. 
 
 § 2t>75. If a slave by the enticement, encouragement or com- 
 mand of another, commits an offence by which the master loses 
 his services for any length of time, or his property by the forfei- 
 ture of his life, the person so enticing, encouraging or command- 
 ing, shall be responsible to the owner for the damage so done. 
 
 §297C). One M'ho harbors or assists in concealing or supporting 
 the fugitive slave of another is responsible to the master in dam- 
 ages. 
 
PT. 2.— TIT. 8.— CHAP. 8.— Tokts. 553 
 
 Article 4. — Of Injuries by Railroad Companies. 
 
 ARTICLE lY. 
 
 OF INJURIES BY RA.ILROAD CO.\£PANIE.S. 
 
 Section. : Section. 
 
 2977. Damages for right of way. j 2980. Injury by co-employee. 
 
 2978. Damages by running of cars, 4c, 
 
 2979. Consent or neglic^enoe. 
 
 2981. Record of stock killed. 
 
 2982. Taking slave -without pcntiit. 
 
 §2977. Ill controversies with respect to the damages to be as- Pamapes for 
 sessed for tlie right of way, ■iindcr any raih'oad charter, tiie award "^ ^" ^*^' 
 of a majority of the appraisers appointed under the cliarter shall 
 be sufficient. 
 
 §2978. A railroad company shall be liable for any damage Damapes by 
 done to persons, slaves, stock or other property, liy the running care!&l "^ 
 of the locomotives, or cars, or other machinery of such company, 
 or for damage done by any person in the employment and ser- 
 vice of such company, unless the comi)any shall make it appear 
 that their agents have exercised all ordinary and reasonable care 
 and diligence, the presumption in all cases being against the 
 company. 
 
 § 2979. No iierson shall recover damage from a railroad com-C'"nsent or 
 
 A o negligence. 
 
 pany, for injury to himself or his property, where the same is 
 done by his consent, or is caused by his own iiQgligence. If the 
 complainant and the agents of the company are both at fault, 
 the former may recover, but the damages shall be diminished by 
 the jury in proportion to the amount of default attributable to 
 hiin. 
 
 §2980. If the person injured is himself an employee of the injnry by 
 company, and the damage was caused by another employee, and 
 without fault or negligence on the ])art of the person injured, 
 his employment by the company shall be no bar to the recovery, 
 
 §2981. Every railroad company shall require of every engine- K^^ord of 
 runner, employed by them, to render daily, to a proper officer, 
 an account of any stock or other property injured as aforesaid, 
 which returns shall be kept recorded in a book, and open for the 
 inspection of all persons. For the failure to keep such a record, 
 and to require such return, the company shall be liable for ten 
 per cent, extra damage to every person whose property is injured 
 by them. 
 
 §2982. Every railroad company, by its agents, receiving on Taking »uv« 
 
 1 1 ii • ' 1 -ii i ' •., • • rt -1 without per- 
 
 boartl their cars a slave, without a written permission from the mit. 
 master or employer of such slave, or some person authorized to 
 
554 PT. 2.— TIT. 8.— CHAP. 3.— Torts. 
 
 Article 4. — Of Injuries by Railroad Companies. 
 
 give such permission, to that effect, shall be liable to the master 
 or employer for double the damage sustained by reason of such 
 reception ; unless, thereby, the slave has been enabled perma- 
 nently to escape from bondage, or has lost his life, in either of 
 which cases, the company shall be liable for the full value of such 
 slave, with a reasonable hire, and all necessary expenses incurred 
 bv the jnaster bv reason of their misconduct."- 
 
 CHAPTER IV. 
 
 OF DKFKXCKS. 
 
 Akticle 1. Of justilication. 
 Article 2. Of satisfaction and herein of tender. 
 Article 3. Of limitation of actions. 
 Article 4. Other defences. 
 
 ARTICLE ]. 
 
 OF JUSTIFICATION. 
 
 Sectiox. Section. 
 
 2983. Justilication. ' 2985. Consent. 
 
 2984. Extenuation. 
 
 Justification § 2983. Ill cvery case of tort, if the defendant was authorized 
 by law to do the act complained of. he may plead the same as a 
 justilication; by such plea he admits the act to be done, and 
 shall be entitled to nil the ]u-ivilege5 of one holding the affirma- 
 tive of the issue. 
 
 Extenuation g 2984. AVliat docs not amount to justilication may be pleaded 
 in extenuation and mitigation of damages. 
 
 Consent. § 2985. As a general rule, there can be no tort committed to a 
 
 person consenting thereto, if that consent be free and not obtain- 
 ed by fraud, and be the action of a sound mind. The consent of 
 a person incapable to consent, as a minor, a slave, and in some 
 cases a married woman, cannot affect the rights of the husband,, 
 parent, guardian or master. 
 
 *Sec Pan ]. Title G Chapter ;">. .-Vvticle 4. ag to railroad crossings and injuries done- 
 tliereat. 
 
PT. 2.— TIT. 8.— CHAr. 4.— Torts. 555 
 
 Article 2. — Of Satisfaction, and herein of Tender. 
 
 ARTICLE II. 
 
 OF HATISFACTION AND HEREIN OF TENDER. 
 
 Section. 
 
 2986. Satisfaction. 
 
 2987. Compounding a fek)n3^ 
 
 Section. 
 2988. Tender ot damages. 
 29S9. Tender in trover. 
 
 § 2980. If the tort complained of does not amount to a crime, satisfaction, 
 the person injured may consent to a satisfaction and settlement 
 thereof, and if it does amount to a crime, the person injured may 
 agree upon and receive compensation for the personal injury; 
 any attempt, however, to satisfy the public offence, or to sup- 
 press a prosecution therefor, is illegal, aud vitiates the entire 
 agreement, except in those cases where the law expressly allows 
 of sucli a settlement. 
 
 § 2087. If the offence sought to be satisfied, or the prosecution compound- 
 sought to be suppressed, amounts to a felony, the agreement it-"'"'* ^'^'°"^" 
 self is an offence under the Penal Code, and though executed, is 
 no defence to an action for the tort; but if the offence is not a 
 felony, and the agreement is fully executed, it shall be a satisfac- 
 tion for the private tort. 
 
 § 2988. A person committing a tort to the person or property Teller or 
 may, before or after suit brought, tender to the person injured *^^"''^^*' 
 such an amount of damages as in his judgment covers the injury, 
 and if the same be rejected, he may deposit the amount in the 
 office of the Clerk of the Superior Court of the county of his 
 residence, as a continued tender; and if the jury trying the 
 cause shall give no more damages than the amount tendered, the 
 plaintiff shall recover no costs accruing subsequent to the time of 
 the tender, 
 
 § 2989. In actions for the recovery of personal property, if the Tender in 
 defendant at the iirst term, will tender the property to the plain- 
 tiff', together with reasonable hire for the same since the conver- 
 sion, disclaiming all claim of title, the costs of the action shall 
 be paid by the plaintiff, unless he can prove a previous demand 
 of the defendant, and a refusal to deliver it up. 
 
556 PT. 2.— TIT. 8.— CHAP. 4.— Torts. 
 
 Article 3. — Limitation of Actions. 
 
 ARTICLE III. 
 
 OF LIMITATIOX OF ACTIONS. 
 
 Section. .Seciion. 
 
 2990. Trespas.s of realty. i 2992. To the person. 
 
 2991. To personalty. I 299.3. Disabilities. 
 
 Trespass to § 2990. All actioiis foi' trcspasH upon or damages to realty, shall 
 '^ ^' be brought within four years after the right of action accrues. 
 To personal- §2991. Actions for injuries to personalty shall be l)rouglit 
 ^' within four years after the riglit of action accrues. 
 
 To the per- § 2992. Actious for iniuries done to the person shall be brought 
 
 son. . , , /> "i . 1 /• • ,• • 
 
 withm two years alter the right oi action accrues, except tor in- 
 juries to the reputation, which sliall be brought within one year. 
 Disabilities. § ^993. Tlic disabilities and exceptions prescribed in limiting- 
 actions on contracts shall be allowed and held applicable to ac- 
 tions for tort. 
 
 ARTICLE IV. 
 
 OF OTHER DEFENCES. 
 
 Sectiox. 
 
 2994. Arljitraiuenl and award. 
 
 2995. Former recovery, &c. 
 
 Sectiox. 
 2996. Infoucy. 
 
 Arbitrament § ^994. Arbitrament and award is a good defence to an action 
 and award, j'^^ .^ ^^^t^ ^^^ ^l^g I'ules prescribed in reference to this defence to 
 
 a contract, apply equally to a tort. 
 Former re- §2995. Former recovery, and the pendency of another suit, 
 covery,&c. ^^.^ ^^^^ good defcuces, and subject to the same rules as when ap- 
 plied to contracts. Sometimes a party may sue either for the 
 tort or upon the contract ; in such case he must elect on which 
 he will proceed. 
 Infancy. § 2996. Infancy is no defence to an action for a tort, provided 
 
 the defendant has arrived at those years of discretion and ac- 
 countability prescribed by this Code for criminal oftences. 
 
PT. 2.— TIT. S.— Torts. 557 
 
 Chapter 5. — Of Damages. 
 
 CHAPTER Y 
 
 OF DAMAGES. 
 
 Section. 
 
 2997. General rule. 
 
 2998. Aggravation. 
 
 2999. Vindictive damages. 
 .^000. Necessary expenses. 
 
 3001. Division. 
 
 3002. General damages. 
 
 3003. Direct and consequential. 
 
 3004. Too remote. 
 
 Section. 
 
 3005. Rnle to ascertain. 
 
 3006. E.xception to the rule. 
 
 3007. Against joint trespassers. 
 
 3008. Coutributiou. 
 
 3009. Hire of .«lave?. 
 
 3010. Higliest amount proved. 
 
 3011. Death, &c.., of property. 
 
 3012. Verdict in trovej-. effect on title. 
 
 § 2997. Daniajj^es are given as eomperisation for tlie injury done, ,.e„erai r,iie 
 and generally this is the measure "where the injury is of a char- 
 acter capable of being estimated in money. If the injury be 
 small, or the mitigating circumstances be strong, nominal dama- 
 ges only are given. 
 
 § 2998. In every tort there may be aggravating circumstances, Agsravation 
 either in the act or the intention, and in that event the jury may 
 give additional damages, either to deter the wrong doer from re- 
 peating the trespass, or as compensation fur the wounded feelings 
 of the plaintiff. 
 
 § 2999. In some torts the entire injury is to the peace, happi- vindictive 
 ness, or feelings of the plaintitF; in such cases, no measure of *'''™^^*' 
 damages can be prescribed, except the enlightened conscience of 
 impartial jurors ; the worldly circumstances of the parties, the 
 amount of bad faith in the transaction, and all the attendant 
 facts, should be weighed. The verdict of the jury, in such a case, 
 should not be disturbed, unless the court should suspect bias or 
 prejudice from its excess or its inadequacy. 
 
 §3000. In all cases necessary expenses consequent upon the Necessary 
 injury done, are a legitimate item in the estimate of damages, "'^p*'"*''*- 
 
 §3001. Damages may be either general or special, direct orDiyision. 
 consequential. 
 
 §3002. "General" damages are such as the law presumes too«nerai 
 flow from any tortious act, and may be recovered without proof '''""'^^*" 
 of any amount. "Special" damages are such as actually flowed spooiai. 
 from the act, and must l)e proved, in order to be recovered. 
 
 §3003. "Direct" damages are such as follow immediately Direct ami 
 upon the act done. "Consequential" danuiges are such, as are til^"'"!"""" 
 the necessary and connected efiect of the tortious act, though to 
 some extent depending upon other circumstances. 
 
558 PT. 2.— TIT. 8.— Tokts. 
 
 Chapter 5.— Of Damages. 
 
 Too remote, § 3004:. If tlic daiiiagGS arc only the imaginary or possible re- 
 sult of the tortious act, or other and contingent circumstances 
 preponderate largely in causing the injurious effect, such dama- 
 ges are too remote to he tlie basis of recovery against the wrong- 
 doer. 
 
 Rule to as- § 3005. Damages which are the legal and natural result of the 
 
 certain. ^,,,". ,. 
 
 act done, tliough contingent to some extent, are not too remote 
 to be recovered. But damages traceable to the act, but not its 
 legal or material consequence, are too remote and contingent. 
 Exception §3006. If, liowcver, the tort is committed, or the contract 
 **"''^''" broken or the duty omitted, witli a knowledge and for the pur- 
 pose of depriving the party injured of such benelits as are speci- 
 fied in the last paragrapli, then the remote damages are made by 
 such knowledge and intent a proper subject for consideration by 
 the jury. 
 Asainst § 3007. Where several trespassers are sued iointly, the i)lain- 
 
 .iolnttresi)a8- OJ * _ A J "^ '. . \ 
 
 sers. tiff may recover against all damages tor the greatest injury done 
 
 by either. But tlie jury may in their verdict, specify tlie i)arti- 
 
 cular damages to be recovered of each, and judgment in such 
 
 case, must be entered severally. 
 
 €ontribu- §3008. If judgment is entered jointly against several trespas- 
 
 tion. ggj.g ^^^ jg Y>^^^ off ^y one, the others shall V)e liable to him for 
 
 contribution. 
 Hire of § 3009. Ill ail action for the recovery of slaves, if the defendant is 
 
 a bona fide claimant, the recovery for hire may be diminished by 
 necessary expenses incurred in the rearing or preserving the prop- 
 erty from loss. But this rule shall not apply to a wrong doer 
 of whose good faith the jury are not satisfied.''* 
 Hiffhest § 3010. In estimating the value of personalty unlawfully de- 
 
 ij^oko. tained, the plaintiff' may recover the highest amount which he 
 
 can prove between the time of the conversion and the trial. 
 Death Ac § ^011. The death, or destruction, or any material injury to the 
 Sow'^fa'i"'^ ' property pending the litigation, shall be no defence to a mere 
 defence. ^vrong-doer. If the defendant is a hoiia fide claimant, and the 
 injury arises from the act of God, and in no wise the result of 
 defendant's conduct, the jury may take the same into considera- 
 tion, but in no case shall such an event cast the costs upon the 
 plaintiffs. 
 
 * As to settiug oft' *• ralu>ible improvements" against mesne profits, see Title 7, Chap- 
 ter 8, Article 8. 
 
FT. 2.— TIT. 8.— Torts. 
 
 559 
 
 Chapter 5. — Of Damages. 
 
 S3012. An alternative verdict in an action of trover, so far verdict in 
 
 o trover. Kf- 
 
 vests the title to tlie property sued for in the plaintilf, that until feet on wue. 
 the judgment is paid hj the defendant, such judgment shall have • 
 
 the first lien on the property sued for, to the exclusion of all other 
 claims whatsoever. 
 
 
 
 TITLE IX. 
 
 
 
 OF EQUITY. 
 
 CUAITEK 
 
 1. 
 
 General Principles. 
 
 Chapter 
 
 2. 
 
 Of discovery. 
 
 Chapter 
 
 3. 
 
 Of perpetuation of testimony 
 
 Chapter 
 
 4. 
 
 Of accidents and mistake. 
 
 Chapter 
 
 5. 
 
 Of accounts and set-oiT. 
 
 Chapter 
 
 0. 
 
 Of administration of assets. 
 
 Chat'ter 
 
 7. 
 
 Of charities. 
 
 Chapter 
 
 8. 
 
 Of election. 
 
 Chapter 
 
 !♦. 
 
 Of execution of powers. 
 
 Chapter 
 
 10. 
 
 Of fraud. 
 
 Chapter 
 
 11. 
 
 Of partition. 
 
 Chapter 
 
 12. 
 
 Of specific performance. 
 
 Chapter 
 
 13. 
 
 Of trust and trustee. 
 
 Chapter 
 
 14. 
 
 Of extraordinary remedies. 
 
 CHAPTER I. 
 
 GENERAL PRINCIPLES. 
 
 •Section. 
 
 .3013. Jurisdiction. 
 
 3014. Grounds of relief. 
 
 3015. Choice of form. 
 
 3016. Equity follows the law. 
 
 3017. Complainant must do ei^nitr. 
 
 3018. Complete justice. 
 
 3019. What ought to be done is done. 
 
 3020. Equities equal. 
 
 3021. Volunteers. 
 
 3022. Party misled. 
 
 3023. Eciuality i« equity. 
 
 Section. 
 3021. Notice. 
 
 3025. Bona fide purchaser. 
 
 3026. Both parties at foult. 
 
 3027. Laches. 
 
 3028. Common law remedy. 
 
 3029. Concurrent jurisdiction. 
 
 3030. Masters. ' 
 
 3031. Receivers. 
 
 3032. Attachment and execution. 
 
 3033. Extent of jurisdiction. 
 
S/^56 
 
 560 PT. 2.— TIT. 9.— Equity. 
 
 Chapter 1. — General Principles. 
 
 jnriBdiction. § 3013. All equity jurisdiction in this State is vested in the 
 Superior Courts of the several counties. 
 
 GronndB of § 3014. Equitj jurisdiction is established and allowed for the 
 '*"*'^' protection and relief of parties, where from any peculiar circura- . 
 stances, the operation of the p:eneral rules of law would be defi- 
 cient in protecting from anticipated wrong or relieving for inju- 
 ries done. 
 
 Choice of § 3015. No suitor, however, is compelled to appear on the 
 equity side of tlie court, but he may institute his proceeding for 
 an cfpiitable cause of action upon the common law side of the 
 court at his option, and tlie court may allow the jury to find a 
 verdict, and a judgment ])e rendered thereon, so moulded and 
 framed to give equitable relief in the case, as verdicts and decrees 
 are rendered and framed in equity proceedings. 
 
 Equity foi- §3010. Equity is ancillary, not antagonistic to the law. Hence 
 
 h.Z^ ^'''' equity follows the law where the rule of law is applicable, and the 
 analogy of the law, where no rule is directly applicable. 
 
 comi.iainuut § 3017. Hc who would liave equity must do equity, and give 
 effect to all equitable rights in the other party respecting the 
 subject nuitter of the suit. 
 
 §3018. Equity seeks always to do conq)lete justice; and hence, 
 
 i^istik having the parties before the court rightfully, it will proceed to 
 o-ive full relief to all parties in reference to the subject matter of 
 the suit, provided the court has jurisdiction for that purpose. 
 
 What ought § 3019. Equity considers that done which ought to be done, and 
 
 d^nl'"" " dii^cts its relief accordingly. 
 
 Equities §3020. Where equities are equal the law will prevail. Ifequi- 
 
 *'''"''■ ties are unequal the superior equity must prevail : superior dili- 
 gence as to time will create such inequality. 
 
 Volunteers." §3021. The cquity uudcr trust or coutract for value is supe- 
 rior to that of a mere volunteer. 
 
 Parly mis- § 3022. The cquitv of a party who has been misled is superior 
 
 ^"^ to that of him who willfully misleads him. 
 
 Equality is § 3023. lu uiauy cases, equality is equity in the distribution 
 
 equity- Qf equitable assets. 
 
 Kouce. § 3024. He who takes with notice of an equity, 'takes subject 
 
 to that equity. 
 
 § 3025. A bona fide purchaser for value, and without notice 
 
 must do 
 equity 
 
 Complete 
 
 BoBft fide 
 
 purchaser. ^^ ^^^ equity, wiU not be interfered with by a court of equity. 
 „ , ., S 302G. When both parties are at fault, and equally so, equity 
 
 Botk parties o r t • r? j i rri 
 
 at fault will not interfere, but leaves them where it finds them. ihe 
 
FT. 2.— TIT. 9.— Equity, 
 
 561 
 
 Chapter 1. — General Principles. 
 
 rale is otherwise, if the fault of one over-balances, decidedly, 
 that of the other. 
 
 § 3027. Equity gives no relief to one whose long delay renders LacUeu. 
 the ascertainment of the truth difficult, though no legal limita- 
 tion bars the right. 
 
 § 3028. Equity will not take cognizance of a plain legal right, oomtnon 
 where an adequate and complete remedy is provided by law, but "'^ '^'^"® ^' 
 a mere privilege to a complainant to sue at law, or the existence 
 of a common law remedy, not as complete or eilectual as the 
 equitable relief, shall not deprive equity of jurisdiction. 
 
 § 3029. Where law and equity have concurrent jurisdiction, concurrent 
 
 1 J, ,..,,.*. 1 , jurisdiction, 
 
 the court nrst takmg will retain it, unless a good reason can be 
 given for the interference of equity. 
 
 § 3030, In equity causes, the court may refer any part of the Masters. 
 facts to a master or auditor, and his report thereon shall be pri- 
 ma facie the truth, after allowance by the court, either party 
 having the liberty to except. But the linal decision upon the 
 facts shall be by a special jury. 
 
 §3031. Courts of equity shall have authority to appoint re- i*ec«iJv«r«. 
 ceivers, to take possession of and protect trust or joint property 
 and funds, whenever the danger of destruction and loss shall re- 
 quire such interference. 
 
 § 3032. All orders and decrees of the court may be enforced Attachment 
 by attachment against the person ; decrees for money may be "j" „ "'"'''"■ 
 enforced by execution against the property. 
 
 § 3033. Generally equity jurisprudence embraces the same Extent of 
 matters of jurisdiction and modes of remedy in Georgia as was^"""" "'"°°" 
 allowed and practiced in England. 
 
 CIIAPTEll 11. 
 
 OP DISCOVERY. 
 
 Section. 
 H034 Discovery. 
 
 3035. Privilege of party. 
 
 3036. E.xtent of discovery. 
 
 3037. Under oath. 
 
 Section. 
 
 3038. Answer how far evidence. 
 
 3039. What is responsive. 
 
 3040. Answers of oo-defendanl. 
 
 §3034:. A court of equity may compel either party to discover Diaoovery. 
 facts, within his knowledge, beneficial to the other party, and 
 material to his case, and this, either upon a bill for discovery 
 30 
 
562 PT. 2.— TIT. 9.— Equity. 
 
 Chapter 2. — Of Discovery. 
 
 and relief, or for discovery alone — ancillary to some other civil 
 wawed proceedings. But the party seeking relief may waive discovery, 
 
 and in such case, the defendant's answer is not evidence. 
 Privilege of § 3035. No party shall be required to discover matters tend- 
 ^"^ ^' ing to criminate himself, or to expose liini to a penalty or for- 
 feiture, nor to make discovery of irrelevant matters, nor the ad- 
 vice of his professional advisers, nor his consultation with them, 
 nor matters relating to his own, and not the plaintiff's case, nor 
 can official persons be called on to disclose any State matters, of 
 which the policy of the State and the interest of the community 
 require concealment. 
 Extent of § 3036. Tlic discovcry must be full and free as to all matters 
 scoTcry. ^^ ^._^^^ ^^ whicli it is propcrlv sought, and must include the re- 
 spondent's information and belief. If documents are desired in 
 defendant's possession or power, he must produce or satisfacto- 
 rily account for them. 
 Under onth. § 3037. Tlic discovcry must be under oath or affirmation, but 
 may be confined to those points to which special interrogatories 
 are placed in the bill. 
 Answer hoir § 3038. Tlic auswcr of a defendant, as to facts within his own 
 knowledge responsive to the discovery sought, is evidence in his 
 favor, and can be rebutted only by two witnesses, or one witness 
 and corroborating circumstances. The complainant is not bound 
 to read any portion of the answer, except that responsive to the 
 bill. The defendant may read all as pleading. If the bill is 
 for discovery alone, then the whole answer must be read together. 
 And in the latter case, the complainant must pay the costs. 
 What is re- § 3039. What is responsive is a question for the court. Any 
 eponee. explanation of an admission made, or fact necessarily connected 
 with it, is part of the response. Any matter in avoidance there- 
 of is new matter, and must be proved. 
 . , S 3040. The answer of one defendant is evidence for another. 
 
 Answers of " ' 
 
 ant& '^^"*^' whenever it states facts against his own interest, and in favor of 
 his co-defendants. 
 
 f 
 
PT. 2.— TIT. 9.— Equity. 563 
 
 Chapter 3. — Of Perpetuation of Testimony. 
 
 CHAPTER III. 
 
 OF PERPETUATION OF TESTIMOXY. 
 
 Section. I Section'. 
 
 .3041. When it may be done. ! 3043. When evidence. 
 
 3042. Possession immateriah ;;044. Costs. 
 
 §3041. Courts of ecjuity may entertain proceedings for tlie whemtmaf 
 perpetuation of testimony, in all cases, where the fact to which 
 the testimony relates cannot be made immediately the subject of 
 investigation at law, and the common law proceeding authorized 
 under this Code for any cause, cannot be available, or as com- 
 pletely available, as a proceeding in equity. 
 
 § 8012. It is immaterial as to the possession of the property, possession 
 nor will the proceeding be denied, though all parties in interest ""°^'*^"* 
 cannot be ascertained or reached. 
 
 §3043. Testimony thus taken shall be afterwards used only when evi- 
 from the necessity of the case, but in such case may be used 
 against all persons, whether parties to the proceeding or not. 
 
 §3044. The complainant shall in all such cases be taxed withcoata. 
 the costs. 
 
 CHAPTER lY. 
 
 OF ACCIDENT AND MISTAKE. 
 Section. i Section. 
 
 3054. Ignorance of law. 
 
 3055. Mistake of law by parties. 
 
 3056. By the draftsman or agent. 
 
 3057. Reforming a contract, &c. 
 
 3058. Mistake of fact. 
 
 3059. Negligence. 
 
 3045. What is accident. 
 
 3046. Lost bonds or notes. 
 
 3047. Error in form. 
 
 3048. Rule of construction. 
 
 3049. Volunteers. 
 
 3050. What is mistake. 
 
 3051. Parol evidence admissible. ' 3060. Mutual ignorance. 
 
 3052. Against whom equity will relieve. 3061. In execution of a power. 
 
 3053. Division of mistake. ! 3062. Setting aside Judgment. 
 
 §3045. An accident, relievable in equity, is such an occur- what i»ao, 
 rence, not the result of negligence or misconduct of the party *'''^'"'*" 
 seeking relief in relation to a contract, as was not anticipated by 
 the parties when the same was entered into, and which gives an 
 undue advantage to one of them over another in a court of law. 
 
 § 304(). In cases of lost bonds or negotiable securities, the court Lost bonds 
 will decree payment, upon indemnity given against liability or "^ ""'"*■ 
 loss thereon. 
 
564 
 
 PT. 2.— TIT. 9.— Eqoity, 
 
 Chapter 4. — Of Accident and Mistake. 
 
 Error in 
 form. 
 
 Eiilc of con 
 gtructitiii. 
 
 Volunteers. 
 
 What is 
 mistake. 
 
 Parol evi- 
 dence. 
 
 AsaiiiBt 
 
 Division of 
 misUikL'S. 
 Ignorance 
 of law. 
 
 Mistake of 
 law by 
 
 parties. 
 
 By tho 
 draftsm.in 
 or agent 
 
 Ilefornning 
 a contract, 
 
 § 304:7. If the form of conveyance is, by accident or mistake, 
 contrary to the intention of the parties in their contract, ec^uity 
 will interfere to make it conform thereto. 
 
 § 304:8. Equity seeks always to construe conditions subsequent 
 into covenants, and to relieve against forfeitures, where the rules 
 of (H)nstruction will allow. 
 
 §3049. Equity will not interfere to relieve against accidents 
 or mistakes of mere volunteers, but if the contract is actually ex- 
 ecuted, then all the rights growing out of it against or in favor 
 of anybody, will be enforced. 
 
 §3050. Mistake, relievable in equity, is some unintentional 
 act, or omission, or error, arising from ignorance, surprise, impo- 
 sition, or misplaced confidence. This power is exercised with 
 caution, and to justify it, the evidence must be clear, unequivo- 
 cal and decisive as to the mistake. 
 
 §3051. Parol evidence is admissible to prove a mistake in a 
 deed, or any other contract required by law to be in writing. 
 
 §3052. Equity will grant the relief as between the original 
 2)arties, or their privies in law, in fact or in estate, except hono: 
 Jide purchasers for value without notice. 
 
 §3053. Mistakes may be either of law or of fact. 
 
 § 3054. Mere ignorance of the hiw on the part of the party 
 himself, where the facts are all known, and there is no misplaced 
 confidence, and no artifice, or deception, or fraudulent practice, 
 is used by the other party, either to induce the mistake of law, 
 or to prevent its correction, will not authorize the intervention 
 of equity. 
 
 § 3055. An honest mistake of the law, as to the effect of an in- 
 strument on the part of both contracting parties, when such mis- 
 take operates as a gross injustice to one, and gives an uncon- 
 scious advantage to the other, may be relieved in equity. 
 
 §3056. A mistake of law jn the draftsman, or other agent, by 
 which the contract, as executed, does not fulfill, or violates the 
 manifest intention of the parties to the agreement, is relievable 
 in equity. 
 
 § 3057. A distinction exists between reforming a contract and 
 executing a contract in case of mistake. To authorize the former, 
 the court must be satisfied, by the evidence, that the mistake was 
 mutual ; but the court may refuse to act in the latter case, if the 
 mistake is confined to the party refusing to execute. 
 
PT. 2.— TIT. 9.— Equity. 565 
 
 Cluapter 4. — Of Accident and Mistake. 
 
 §3058, In all cases of a mistake of a fact material to the con- Mutakeof 
 
 ^ ^ fact. 
 
 tract, or other matter affected by it, if the party complaining ap- 
 plies within a reasonable time, equity will relieve. 
 
 §3059. If the party, by reasonable dilia:ence, could have had Negligence, 
 knowledge of the truth, ecpiity will not relieve, nor will the ig- 
 norance of a fact, known to the opposite party, justify an inter- Conceal - 
 ference, if there has been no misplaced confidence, nor misrepre- '"'"'^ 
 sentation, nor other fraudulent act. 
 
 §3060. Ignorance by both parties of a fact docs not justify the Mntuaiipio- 
 interference of the court, nor will a mistake, in judgment or*^*"""' 
 opinion merely as to the value of property, authorize such inter- 
 ference. 
 
 §3061. Accident or mistake, in the execution of a power, or in execu- 
 <!ausing the defective execution of the power, will be remedied in power.* 
 equity. 
 
 §3062. Equity will interfere to set aside a judgment of a court sottinsaside 
 having jurisdiction only where the party had a good defence, of *^" ^'^^ 
 Mdiich he was entirely ignorant, or where he was prevented from 
 making it by fraud or accident, or the act of the adverse party 
 unmixed with negligence or fraud on his part. 
 
 CHAPTER V. 
 
 OF ACCOUNT AND SET-OFF. 
 ■Section. i Section. 
 
 3068. Surcharge falsify. 
 .3069. Ofler to pay balance. 
 :'>070. Appointment of auditor. 
 
 ■306:j. Accoiint.s. 
 
 3064. Mingling goods. 
 
 3065. Contribution. 
 
 3066. Discharge of incumbrauco.s. | 3071. Effect of a report. 
 
 3067. Apportionment. I 3072. P:quitable set-oft'. 
 
 §3063. Equity jurisdiction over matters ot account extends toAcconnia. 
 mutual account growing out of privity of contract, or where ac- 
 counts arc com])licated and intricate, or where a discovery or 
 writ of ?ie exeat is prayed and granted, or where the account is of 
 a trust fund, or accounts between partners and tenants in com- 
 mon, or where a multiplicity of suits would render a trial diffi- 
 cult, expensive and unsatisfactory at law. 
 
 §3064. If a party having charge of the property of others soMingUngof 
 confounds it with his own, that the line of distinction cannot be^"" ^ 
 drawn, all the inconvenience is tlirown upon him who causes the 
 confusion, and he must distinguish his own property or lose it. 
 
566 PT. 2.— TIT. 9.— Equity. 
 
 Chapter 5. — Of Account and Set-off. 
 
 Gontribn- S 3065. In cases of ioint, or ioint and several, or of several lia- 
 bilities of two or more persons, where all are equally bound to 
 bear the common burden, and one has paid more than his share, 
 he is entitled to contribution from the others ; and whenever the 
 circumstances are such that an action at law will not give a com- 
 plete remedy, equity may entertain jurisdiction. 
 
 Discharge «f §3066. Where scvcral pcrsous are interested in an estate as 
 
 trances. tenant for years, or for life, or in remainder or reversion, and in- 
 cumbrances are to be discharged, the e<[uitable division of the 
 burden, according to the several interests, is a question for equit- 
 able interference. 
 
 ApporUon- § 3067. Apportionment of a contract, or of rent or hire, may, 
 from peculiar circumstances rendering the common law remedy 
 incomplete, become the subject of equitable jurisdiction. 
 
 Surcharge § 3068. A party objecting to a stated account must surcharge 
 and falsity. The former is to allege omissions ; the latter is to 
 deny the correctness of certain of the items rendered ; one pal- 
 pably fraudulent item casts suspicion upon the entire account. 
 
 meut 
 
 Mid falsify. 
 
 Offer to pay § 3069. A bill for an account need not offer to pav a balance 
 
 balance. -j? /• i • i . 
 
 it found agamst complamant. 
 Appoint- § 3070. In all cases invc)lving account, either i.nirty, as a mat- 
 
 ment of ^ ' x .,' ' 
 
 auditor. tcr of right, may apply to the Judge, either in term or vacation, 
 for the appointment of an auditor, who shall, after notice, sit and 
 hear the evidence submitted by either party, investigate their 
 accounts and report the result thereof to the court. 
 
 Effect of ro- § 3071. Tlic rcport so made may be objected to by either party 
 
 ^'^ on the ground of illegal rejection or admission of evidence, or 
 
 any other ground impeaching its propriety, which objections 
 shall be heard and decided by the court. The report, when 
 finally accepted, shall be admitted as evidence to the jury with 
 such instructions as to the effect to be given to it, as the court 
 shall give under the circumstances of each case. 
 
 St-^ffi^'* § 3072. As to set-off^ equity generally follows the law ; but if 
 there is an intervening equity not reached by the law, or if the 
 set-off be of an equitable nature, the courts of equity take juris- 
 diction to enforce the set-oft. 
 
PT. 2.— TIT. 9.— Equity. 567 
 
 Chapter G. — Of Administration of Assets. 
 
 CHAPTER YI. 
 
 OF ADMIXISTRATIOX OF ASSETS. 
 
 Section. ; Section-. 
 
 3073. Legal and equitable assets. 3080. Receiver's duty. 
 
 3074. Partly legal and jDartly equitable. 3081. Must account to the court, 
 
 3075. Inlcrfering with administration. 3082. Misplacing trust funds 
 
 3076. Bills for direction. 
 
 3077. Marshaling assets. 
 
 3078. Election. 
 
 3079. Creditor's bills. 
 
 3083. Tracing assets. 
 
 3084. Equitable assets for creditor."?. 
 
 3085. Joint and individual assets. 
 
 5 3073. Assets arc either le£i:al or equitable; the former are Legal and 
 
 " *" , . 'ITT equitable as- 
 
 such as may be reached by the ordinary process ot law, the lat- sets. 
 ter are such as can be reached only through the intervention of a 
 court of equity. The former, when properly before a court of 
 equit}-, are distributed according to legal liens and priorities ; the 
 latter, according to justice and right in the particular case, the 
 general rule being that equality is equity. 
 
 § 3074. Sometimes assets are partly legal and partly equitable ; Partly legai 
 in such cases, while the above rule is adhered to, as to the legal equitable, 
 assets, equity will so administer the equitable as to produce gen- 
 eral equality. 
 
 §3075. E(|uitv M'ill not interfere with the reojular administra- interfering 
 
 -1- •■ o vith admiD- 
 
 tion of estates, except upon the application of the representative, istiation. 
 either, 1, fur construction and direction ; 2, for marshaling the 
 assets ; or, upon tlie application of any person interested in the 
 estate, where there is danger of loss or other injury to his interests. 
 
 § 3076. In cases of difficulty in construiniii: wills, or in distrib- Biiisfordi- 
 uting estates, in ascertaining the persons entitled, or in determin- 
 ing under what law property should be divided, the representa- 
 tive may ask the direction of tlio court, Init not on imaginary 
 difficulties or from excessive caution. 
 
 § 3077. In all cases where lei>-;i] difliculties arise as to the dis- M'^fhaiing 
 
 _" _ _ ^ assets. 
 
 tribution of assets in ))ayment of debts, or where, from any cir- 
 cumstances, the ordinary process of law would interfere witli the 
 due administration, without fault on the part of the representa- 
 tive of the estate, a bill to marshal assets will be maintained at his 
 instance. 
 
 § 3078. In marshaling assets, tlie court will look to the equi- KiecUou. 
 ties of creditors, and where cases arise for election will compel 
 the parties to elect. 
 
568 
 
 PT. 2.— TIT. 9.— Eqihty. 
 
 Chapter 6 — Of Administration of Asseia. 
 
 Creditor's 
 biUfv 
 
 ReceiTer'6 
 duty. 
 
 Must ac- 
 count to the 
 court 
 
 Misapplying 
 trust funds. 
 
 Tracing as- 
 
 Equitable 
 assets fur 
 •r editor. 
 
 Joint and In- 
 d'vidual fts- 
 «et8. 
 
 § 3079. Creditor's bills may be tiled at the instance of any 
 creditor, the privilege being extended to all to appear and be- 
 come parties in a reasonable time. 
 
 § 30S0. A court of equity may appoint a receiver to take pos- 
 session of and hold subject to the direction of the court any as- 
 sets charged with the payment of debts, where there is manifest 
 danger of loss, or destruction, or material injury to those inter- 
 ested. Under extraordinary circumstances, a receiver may be 
 appointed before, and without notice to the trustee or other per- 
 son having charge of the assets. The terms on which a receiver 
 is appointed shall be in the discretion of the chancellor. 
 
 § 3081. The receiver is an officer and servant of the court ap- 
 pointing him, is responsible to no other tribunal than a court of 
 equity, am] must in all things obey its direction. 
 
 § 3082. All persons aiding and assisting trustees of any char- 
 acter, with a knowledge of their misconduct in misapplying as- 
 sets, are directly accountable to the persons injured. 
 
 § 3083. "When assets are misapplied and can be traced in the 
 hands of persons affected, with notice of the misapplication, the 
 trust attaches still to the assets, and equit}' will aid in restoring 
 them to their legitimate purpose. A creditor of an estate may 
 follow assets in the hands of legatees or distributees, though they 
 receive them without notice. 
 
 § 3084. Equitable assets may l)e reached by a creditor, in ev- 
 ery case, where he shows that there is danger of not being satis- 
 fied out of legal assets. 
 
 § 3085. Joint as.sets will be applied to joint debts, and indi- 
 vidual assets to individual debts, but when the joint assets are 
 exhausted, the joint debts may come upon individual assets — 
 the individual debts, without regard to relative dignity as com- 
 pared with the joint debts, being first advanced, tlie jj?'o rata- 
 amount received on the joint del)ts from joint assets. 
 
 Sectio.v. 
 
 3086. Charitable bequest. 
 
 3087. Cypress. 
 
 3088. Subjects of charity. 
 
 CHAPTER YIJ. 
 
 OF CHARITIES. 
 
 j Section'. 
 
 I 3089. Right of supervisions. 
 ! 3090. What is irrolicrious. 
 3091. Extraneous evidence. 
 
 § 3086. Equity has jurisdiction to carry into eftect the cliarita- 
 
PT. 2.— TIT. !>.— Equitv. 569 
 
 Chapter 7. — Charities. 
 
 hie bequest of a testator, or founder, or donor, where the same ^^^»^'^'*^^« 
 are definite and specific in their objects, and capable of being 
 executed. 
 
 § 3087. If the specific; mode of execution be for any cause im- Cypress, 
 possible, and the charitable intent be still manifest and definite, 
 the court may, by approximation, give eifect in a manner next 
 most consonant with the specific mode prescribed. 
 
 §3088. The following subjects are proper matters of charity, 8o^jfoi« of 
 for the jurisdiction of equity : 
 
 1. The relief of aged, impotent, diseased, or poor people. 
 
 2. Every educational purpose. 
 
 3. Provisions for religious instruction or worship. 
 
 4. For the construction or repair of public works, or highways, 
 or other public conveniences. 
 
 5. The promotion of any craft or persons engaging therein. 
 C). For the redem]>tion or relief of prisoners or captives. 
 
 7. For the improvement or repair of burying grounds or tomb 
 stones. 
 
 8. Other similar subjects, having for their object the relief of 
 human suflx^ring, or the promotion of human civilization. 
 
 § 3080. A charity once inaugurated is always subject to the Right of au- 
 supervision and direction of a court of equity, to render efl:ectu- ''^"''' " ' 
 al its j)urpose and object. 
 
 §3090. Nothing shall be deemed religious in its character what is irre- 
 which athrms doctrines licentious in their tendency, or inconsis- 
 tent with the i)eace and safety of the State. 
 
 S 3091. If the terms of the bequest or deed are obscure, doubt- ^''''/!^"*»"» 
 
 " _ ^ ^ ' evidence. 
 
 fill, or equivocal, other evidence may be looked, to to ascertain 
 the sense in which ]">articular expressions are used, but not to 
 make definite that which in itself is two indefinite for execution. 
 
 CHAPTER VIII. 
 
 OF KLECTIOX. 
 
 Section. 1 Section. 
 
 3092. Election. , 3005. Corapen.sation to defeated legatee. 
 
 3093. By a legatee i 3096. Election under deeds. 
 
 3094. By the court. 
 
 §3092. A case of election arises whenever a person is entitled EiecUon. 
 to one of two benefits, to each of which he has legal title ; but to 
 
570 PT. 2.— TIT. 9.— Equity. 
 
 Chapter 8.— Of Elections. 
 
 enforce both would be unconscientious and inequitable to others 
 having claims upon the same property or fund. In such cases 
 equity has jurisdiction to compel an election. 
 
 By a legatee, g 3093. When a testator has affected to give property not his 
 own, and has given a benefit to a person to whom that property 
 belono-s, the devisee ur legatee must elect either to take under or 
 against the instrument. The rule does not apply if the will itself, 
 from other causes, is not efficient in passing the title to the prop- 
 erty of the devisee or legatee, nor if the testator had an interest 
 in such property upon which the will may operate, nor if the be- 
 (^uest shows that the testator intended to bequeathe only in the 
 event that his own title was good, nor if the benefit given to the 
 party called upon to elect is not from testator's own property, but 
 by virtue of a power of appointment in him. 
 
 Bythpfourt. §3094. If fi'om auy causc the legatee is incompetent to elect, 
 the court will, after investigation as to values, elect for him. 
 
 oompensa- 8 3095. If the elcctiou be made affainst the will, the defeated 
 
 tion to de- " ... . 
 
 feaud itga- legatee or devisee is entitled to compensation out of the property 
 bequeathed to the party electing, to the value of the defeated 
 legacy. 
 
 Election nn- R 300G. The Ibrcgoina: principles api)ly to deeds as well as wills. 
 
 der deeds. <^ tr» t> 1. r 1 1 ./ 
 
 CHAPTER IX. 
 
 OF KXKCUTION OF POWKRS. 
 
 Section. ^kctiox. 
 .■?097. Jurisdiction over powers. .TIOO. Illusory appointiiien;. 
 
 3098. Discretion. 3101. Consent of trustee. 
 
 ;i099. Collusive execution. .'!102. In cases of no discretion, Ac. 
 
 Jurisdiction §3097. Powcrs, especially of appointment, beino: always foun- 
 ded on trust or confidence, are peculiarly subjects of equitable 
 supervision. 
 
 Pistretion. g 3098. Equitv cannot compel a party having a discretion, 
 to exercise a power of appointment. But it may relieve 
 
 ex*ecutiom against mistaken or defective executions, or collusive or illusory 
 executions. 
 
 roUusive § 3099. Every execution is collusive, whereby the person exer- 
 cising the power, uses it by contrivance for his own benefit, he 
 not being legitimately an intended beneficiary. 
 
PT. 2.— TIT. 9.— Equitt. 571 
 
 Chapter 9. — Of Execution of Power. 
 
 §3100. An illusory appointment is one where a nominal ben- inusoryRp- 
 
 o J L r ^ pointment. 
 
 eflt only is given to one of a class, to all of whom a substantial 
 benefit was intended. 
 
 §3101. Where marriage is required to be by consent of trustees, consent of 
 and from any corrupt or insuflScient motive, such consent is with- 
 held, equity will compel a consent, or give relief as if such con- 
 sent was had. 
 
 §3102. In all cases where no discretion is allowed, or the dis- in cases of 
 no discre- 
 
 cretion allowed is abused, equity has jurisdiction to compel a "^^uon"" "^'*' 
 faithful execution of the power. aimse.i. 
 
 CHAPTER X. 
 
 OF FRAUD. 
 
 Section. 
 
 3103. Jurisdiction over fraud. 
 
 3104. Actual and constructive. 
 
 3105. Misrepresentation. 
 
 3106. Suppression ofthetrutli. 
 
 3107. Frauds not by words. 
 
 3108. Confidential relations. 
 
 Section. 
 
 3109. Annulling deeds, judf^ments, &C. 
 
 3110. Inadequacy of consideration, &c. 
 
 3111. Surprise. 
 
 3112. Fraudulent trade, marks, &c. 
 
 3113. Marriage-brokerage bonds. 
 
 3114. Contracts in fraud of marital riafht.s- 
 
 §3103. In all cases of fraud, (except fraud in the execution of ^^g^^'^].!j<=^j|'" 
 a will,) equity has concurrent jurisdiction with the courts of 
 law. 
 
 §3104. Fraud may be actual or constructive. Actual fraud Actual and 
 
 . *^ constructive. 
 
 consists 111 any kind ot artifice by which another is deceived. 
 Constructive fraud consists in any act of omission or commission 
 contrary to legal or equitable duty, trust or confidence justly 
 reposed, which is contrary to good conscience and operates to 
 the injury of another. The former implies moral guilt; the 
 latter may be consistent with innocence. 
 
 §3105. lAIisrepresentation of a material fact made willfully toSnT'"'^"' 
 deceive, or recklessly without knowledge, and acted on by the 
 opposite party, or if made by mistake, and innocently, and acted 
 on by the opposite party, constitutes legal fraud. 
 
 § 3106. Suppression of a fact material to be known, and which siii'pr.>ssion 
 
 . ^ ^ 'of the truth. 
 
 the party is under an obligation to communicate, constitutes 
 fraud. The obligation to communicate may arise from the con- 
 fidential relations of the parties or from the particular circum- 
 stances of tlie case. 
 
572 PT. 2.— TIT. 9.— EQin-nr. 
 
 Chapter 10.— Of Fraud. 
 FrandnotJn 8 3107. Fraud may be consummated by sisiius, or tricks, or 
 
 words. v' » ' 7 
 
 through agents employed to deceiv^e, or any other unfair way 
 
 used to cheat another. 
 
 conddentiai §3108. Any relations, shall bo deemed confidential arising 
 
 relations. fj.Q^ nature, or created by law, or resulting from contracts, where 
 
 one party is so situated as to exercise a controlling influence over 
 
 the will, conduct and interest of another, or where from similar 
 
 relations, of mutual confidence, the law requires the utmost good 
 
 faith, such as partners, principal and agent, etc. 
 
 Annulling §3109. Fraud will authorize a court of equity to annul con- 
 
 mente,&cf veyanccs, however solemnly executed, and to relieve against 
 
 awards, judgments and decrees obtained by imposition, 
 inadeqnacy §3110. Great inadequacy of Consideration, joined with great 
 iioii,'&c^ disparity of mental ability in contracting a bargain, may justify 
 
 a court of equity in setting aside a sale or other contract. 
 Surprise, §3111. Anything which hapi)ens without the agency or fault 
 
 of the party afiected by it, tending to disturb and confuse the 
 judgment or to mislead him, and of which the opposite party 
 takes an nndue advantage, is in equity a surprise and one species 
 of fraud for which relief is granted. 
 Frandnicnt §3112 Any attempt to encroach upon the business of a trader, 
 imrks,&c, or otlicr pcrsou, by the use of similar trade-marks, names, or de- 
 vices, with the intention of deceiving and misleading the public, 
 is a fraud for which equity grants relief. 
 Man-iagc- §3113. The poHcy of the law being opposed equally to restrie- 
 bondB, tions on marriage, and to marriages not the result of free choice, 
 all contracts or bonds made with a view to trammel or to force 
 marriage, are deemed fraudulent and void. 
 Contract in §3114. A sccrct Settlement by a wife on the eve of marriage, 
 iui rights is a fraud on the marital rights of the husband and void, though 
 the husband had no knowledge of the existence of tlie property 
 settled. 
 
 CHAPTER XI. 
 
 OF PARTITION. 
 
 Section. 
 
 3115. Partition. 
 
 3116. Passing: title. 
 
 Section. 
 3117. Moulding decree. 
 
 §3115. Equity has jurisdiction in cases of partition, whenever 
 
PT. 2.-TIT. O.-Equity. 
 
 573 
 
 der tiie pioceedmg m equity more suitable and just 
 
 titfe'wltwTl'^'""'' ? ' P^^^^^^'^S '^^ P-^^'^>'<^" Bhall pass thePass.n.UUe 
 
 tsHY T T'm^ '^'r^^ — 3-"ees by the parties. 
 
 §3117. llie court will mould its decree, in every case, to meetM.„.,„, 
 the general justice and equity of eacli per.on entitled, a^d in it "^'^*- 
 discretion may postpone or deny either a partition or a sale if 
 shall appear that the present or prospective interest of ea S n 
 ant may not be protected thereby. 
 
 CHAPTER xn. 
 
 OF SPECIFIC PERFORMANCE. 
 Section. 
 
 3118. When decreed. 
 
 3119. Parol oontract to land. 
 
 3120. Of personalty. 
 
 3121. Yohintary & gratuitous promise 
 
 Sectiox. 
 
 3122. Inadequacy. 
 
 3123. Ability of complainant to comply. 
 
 3124. Damages for breach. 
 
 § 3118. Specific performance ofa cmtnH (if ivitliin tl,,. nr,„«, 
 o the party) will be decreed, generall,, wl.cLve C Z " -«- 
 
 "= "^"-""■"it anmits (he ludOTiient or if it i,o '"'•'" 
 so far executed by the party sechiiKr ,.(,l,Vf L/^ , ', ' '*'""■ 
 
 or by the i,„l„ce,;,ents'of the otl ^ 1, 1"' / ,;'" T""?' 
 
 abandoned, he cannot be restored t " ',■ . If J iZ "k U 
 
 payn,ent alone accepted by the vendor, or parL';^ ent a 
 
 con,pan,ed «nl> possession, or possession alone, wM v! Ibu 
 
 ance or delivery, and, nnlcss rebutted by other el table' 
 
 w 1 iustifv -J flpr-i-no Tl • • J equitable reasons, 
 
 dan,f,;:"^.;trdei,ve:/'^^'' '" ^'""' '■--' '-^ -^^ '"-; 
 
 Wn given. nnderLch agree^^tX^ 'rrro^ '^ iT jrr 
 
574 
 
 PT. 2.— TIT. 9.— E(>um% 
 
 Chapter 12. — Of Specific Performance. 
 
 Inadequacy 
 of price. 
 
 Ability of 
 
 ation, and valuable improvements made upon the faith thereof, 
 equity will decree the performance of the agreement. 
 
 §3122. Mere inadequacy of price, though not sufficient to re- 
 scind a contract, may justify a court in refusing to decree a spe- 
 cific performance; so also any otlier fact showing the contract to 
 be unfair or unjust, or against good conscience. 
 
 § 3123. The vendor seeking specific performance must show 
 toTomX"' ^^ ability to comply substantially witli his contract in every 
 part, and as to all the property ; but a want of title, or other in- 
 ability as to part, will not be a good answer to the vendee seek- 
 ing performance, who is willing to accept title to the part, re- 
 ceiving compensation for the other. If the defects in vendor's 
 title l)e trifling, or comparatively small, equity will decree, at his 
 instance, granting compensation for such defects. 
 
 § 3124. If, for any cause, the specific performance is impossi- 
 ble, or the vendee declines to accept a jicrfornumce in part, the 
 (HUirt may ]>roceed to assess danuiges for the breach of the con- 
 tract. 
 
 Damages of 
 breach. 
 
 CHAPTER XIII. 
 
 OF TRUST AND TRUSTEES. 
 
 Trasts. 
 
 Resulting 
 trust. 
 
 Trustee. 
 
 Limitation 
 of act. 
 
 Section. 
 3125. Trusts. 
 .3126. Resultinn; trust. 
 3127. Court will appoint trustee. 
 
 Section. 
 
 3128. Limitation of action.''. 
 
 3129. Relief granted. 
 
 ^3125. Trusts of every kind, not generally cognizable at law, 
 are peculiar subjects of equity jurisdiction. 
 
 §3120. "Whenever the circumstances are such that the person 
 taking the legal estate, either from fraud or otherwise, cannot 
 enjoy the beneficial interest without violating some established 
 principle of equity, the court will declare him a trustee for the 
 person beneficially entitled, if such person has not waived his 
 right by subsequent ratification or long acquiescence. 
 
 § 3127. A trust shall never fail for the want of a trustee. 
 
 § 3128. Subsisting trusts, cognizable only in a Court of Equity, 
 are not within the ordinary statutes of limitation, but in all cases 
 equity will consider the lapse of time in decreeing an account, 
 and where, from it and other circumstances, it would be inequi- 
 table, any relief will be refused. "^ 
 
FT. 2.— TIT. 9.— Equity. ffs 
 
 Chapter 13. — Of Trust and Trustees. 
 
 §3129. The relief granted, in cases of trust, will always be so Relief 
 moulded and framed as to render the trust effectual, and secure "™° ^ 
 the best interests of all parties. 
 
 CHAPTER XIV. 
 
 OF EXTRAORDINARY REMEDIES. 
 
 Article 1. Of mandamus, quo warranto and prohibition. 
 
 Article 2. Of injunction. 
 
 Article 3. Ife exeat and quia timet. 
 
 Article 4. Of bills of peace and intcr-j^leader. 
 
 ARTICLE I. 
 
 MANDAMUS. QUO WAIUIANTO AND I'ROniBITIOX. 
 
 Section. 
 
 3134. OoTcruor not liable. 
 
 3135. Quo warrant!?. 
 
 3136. Prohibition. 
 
 Section. 
 
 3130. To enforce oflQcial duty. 
 
 3131. Lies not for private remedy. 
 
 3132. When not granted. 
 
 3133. (! ranted in vacation. 
 
 §3ia0. All official duties should be faithfully fulfilled, andTomforcc 
 whenever, from any cause, a defect of legal justice would ensue "^"'"^ '^"'^! 
 from a failure or improper fulfillment, the writ of mandamus may 
 issue to compel a due performance, if there be no other specific 
 legal remedy for the legal rights, 
 
 §3131. Mandamus does not lie as a private remedy between Li.*-* not for 
 individuals to enforce private rights, nor to a public oificer who'""^"*'^- 
 has an absolute discretion to act or not, unless there is a gross m .ases ..f 
 abuse of such discretion, but it is not confined to the enforce- '"'"'""'"'■ 
 ment of mere ministerial duties, 
 
 § 3132. Mandamus will not be granted when it is manifest that when not 
 the writ would, for any cause, be nugatory or fruitless, nor wiir""''"' 
 it be granted on a mere suspicion or fear, before a refusal to act 
 or a M'rongful act done. 
 
 § 3133, The writs of mandamus, quo warranto, and prohibition «r.intediE 
 maybe granted at any time, on proper showing made, but the "'"'""'°" 
 return must be in term time, and any issues of fact made thereon, 
 must be tried as other equity causes, 
 
 § 313-1, Neither of these writs, will lie to the duly inaugurated 
 
576 
 
 PT. 2.— TIT. 9.— CHAP. 14.— Equity. 
 
 Article 1. — Mandamus, Quo Warranto and Prohibition. 
 
 Governor 
 not liable. 
 
 Quo «■«/•- 
 ranto. 
 
 Prohibition. 
 
 Governor of the State, but they do lie to all other executive or 
 
 military officers. 
 
 §3135. The writs of (j^uo warranto may issue to iuquire iuto 
 the rights of any person to any public office, the duties of which 
 he is in fact discharging, but must be granted at the suit of some 
 person, either claiming the office or interested therein. 
 
 §313G. The writ of prohibition is the counterpart of mauda- 
 damus to arrest illegal proceedings by any court officer, where no 
 other legal remedy or relief is given ; and the granting or refusal 
 thereof, is governed by the same ])rineip]cs of right, necessity and 
 justice. 
 
 ARTICLE 11. 
 
 OF INJUNCTION. 
 
 Kor what 
 
 purpose 
 
 ffrautcd. 
 
 Granted tx 
 parte. 
 
 Section. 
 
 3137. For what purpose granted. 
 
 3138. Granted ex parte. 
 
 3139. Dissohition at chambers. 
 
 3140. Injoining a court of law. 
 
 3141. To restrain a trespass. 
 
 I Section. 
 
 ! 3142. Answer of defendant. 
 
 1 3143. Verdict and appeal. 
 
 1 3144. Second injunction. 
 
 I 3145. Cannot compel. 
 
 ! 314G. Perpetual injunction. 
 
 Dlssolntion 
 nt cliuinbers, 
 
 §3137. Equity by a writ of injunction, may restrain proceed- 
 ings in another or the same court, or a threatened, or existing tort, 
 or any other act of a private individual or corporation which is 
 illegal or contrary to equity and good conscience, and for which 
 no adequate remedy is provided at law. 
 
 §3138. Injunction may 1)0 granted in vacation and upon an 
 ('.c^^a/'^^ showing in the discretion of the Judge, and upon such 
 terms as to the affidavit and giving bond and security, as the Judge 
 may direct. But the Judge may require notice to the party to 
 be injoined, and appoint a day and place for hearing the 
 application. 
 
 §3139. The defendant may move the dissolution of an injunc- 
 tion, or the revoking of any other extraordinary writ, in vacation, 
 on ten days' notice to the opposite party or his solicitor, and the 
 chancellor shall decide thereon upon the same principles as if 
 presiding in term. The complainant by disclaiming discovery, 
 cannot deprive the defendant of the benefit of his answer on a mo- 
 tion to dissolve the injunction ; upon such a motion affidavits of 
 witness may be adduced by either party. 
 
TT. 2.— TIT. 9.— CHAP. 14.— Equity.* 577 
 
 Article 2. — Of Injunction. 
 
 § 3140, Equity will not injoin the proceedings and processes of injoining a 
 a court of law, nnless there is some intervening equity, or other 
 proper defence, of whieli tlie party, without fiiult on his part, can- 
 not avail himself at law. 
 
 § 3141. Equity will not interfere to restrain a trespass, unless To restraia 
 the injury is irreparable in damages, or the trespasser is insol- * '""P""* 
 vent, or there exists other circumstances which, in the discretion 
 of the court, render the interposition of this writ necessary and 
 proper, among which shall be the avoidance of circuity and mul- 
 tiplicitv of actions. The irrantino: and continuinfi: of the iniuuc- sound dia- 
 
 . ' 1 . , V 1- • 1 . creUon. 
 
 tion must always rest in the sound discretion ot the judge, accord- 
 ing to the circumstances of each case. 
 
 § 3142. The answer of the defendant, so far as the same is found- Answer or 
 ed on his own knowledge and responsive to the allegations of the 
 bill, shall always be considered on a motion to dissolve. 
 
 § 3143. An injunction is not dissolved by a verdict, if an appeal verdiotand 
 be entered in the time allowed by law. 
 
 83144. A second iniuction may be srranted in the discretion of second la- 
 
 .1 T J junction. 
 
 the Judge. 
 
 §3145. An injunction can only restrain. It cannot compel a cannot com- 
 party to perform an act. It may restrain until performance. ^'^ 
 
 §3146. A perpetual injunction can be granted only after a Perpetual 
 
 , . T II ^' J *' ' injunction. 
 
 hearing and upon a hnal decree. 
 
 AETICLE III. 
 
 RE EXEAT \^I) QUIA TIMET. 
 
 Sectiox. [Section. 
 
 3147. May ipsue — when. | 3161. Affidavit and bond of complainant. 
 
 3148. Applicants showing. 3162. May issue without sanction — when_ 
 
 3149. Defendant may give bond. 1 3153. Quia finift may issue — when. 
 
 3150. Discretion of the court. 
 
 § 3147. The writ of ns exeat issues to restrain a person from y^ ^^^^^ 
 leaving the jurisdiction of the State, and may be granted in the 
 following cases : 
 
 1. At the instance of a creditor whose debt is not due, or to restrain < 
 where from some other cause, the ordinary process is not availa- ^*'^'°'"" 
 ble or sufficient against his debtor, or against a third person secon- 
 darily or otherwise under any circumstances chargeable with the 
 debt. 
 
 37 
 
578 PT. 2.— TIT. 9.— CHAP. 14.— Equity. 
 
 Article 3. — Ne Exeat and Quia Timet. 
 
 In favor eo- 2. Ill favof of an obliffor or promisor, or partner asrainst his co- 
 
 obUgor. . . . . 
 
 obligor, or joint pro missor, or copartner, equally or partly respon- 
 sible with him for the debt or duty to be performed. 
 
 Of Borety. 3. In favor of a surety on a debt not due, against his principal 
 or co-surety. 
 
 Of orphan. 4. Against pcrsous illegally removing the property of a dece- 
 dent, or of an orphan, or married woman, at the instance of any 
 person interested therein, or of a next friend of such orplian or 
 married woman. 
 
 Remainder- 5. At tlic iustauce of a remaindcr-man or reversioner, against 
 any one attempting to remove the property in which such re- 
 mainder-man or reversioner exists, or may contingently exist. 
 
 Mortgage*. 6. At the instance of a mortgagee against a person holding the 
 equity of redemption. 
 
 Gtn«raiiy. 7. At the lustauce of any person interested legally or equitably 
 in property about to be removed where no adequate remedy is 
 afforded at law. 
 
 Complain- §3148. In cvcry casc of application for the Writ of ne exeat, 
 
 antsB «>^'»6 .|.]^g party must show that no adequate remedy is afforded at law, 
 and that the defendant is either removing, or about to remove 
 himself or his property, or the specific property to which the 
 complainant claims title or an interest. 
 
 Debts bond. § 3149. The defendant may in all cases relieve himself or his 
 property, or the specific property from the restraint imposed, by 
 giving bond in double the value of plaintifl''s claim, with good 
 security, to the officer serving tlie process, for the forthcoming of 
 each or either, (according to the tenor of the writ,) to answer to 
 complainant's claim, or abide by the order and decree of the 
 court. The Judge granting the writ may in his discretion re- 
 quire a larger bond. The officer receiving insufficient security 
 shall be held surety himself, and the sureties on his bond may 
 be held responsible therefor. 
 
 Court's dis- § 3150. If the defendant fails or refuses to replevy the pro- 
 
 cretion. r ^ i 
 
 perty, the court may in its discretion make such disposition of it 
 as shall appear most advantageous to all parties. 
 Affidavit. § 3151. In every application for a writ of ne exeat, the allega- 
 compiainamt.tions of the bill must be verified by the affidavit of one or more 
 of the complainants. And the judge may in his discretion re- 
 quire the complainant to give bond and security for the payment 
 of any damages which the defendant may recover of him, for 
 sueing out the writ before granting an order for the issuing of 
 
PT. 2.— TIT. 9.— CHAP. 14.— EQum-, 
 
 Article 3. — Ne Eieat and Quia Timet. 
 
 the same, and may require a verification by all or any of tlie 
 complainants. 
 
 §3152. In cases of emergency upon the affidavit of the com- 'WTisn isaned 
 plainant that he cannot obtain the sanction of the Judece in time to sanction, 
 remedy the mischief, the writ of ne exeat may issue at once, to con- 
 tinue until the first term of the court to which it is returnable, 
 unless earlier heard by order of the Judge. 
 
 §3153. The proceeding quia timet is sustained in equity for ^„i„ ^^„,^^ 
 the purpose of causing to be delivered up and cancelled ; any in- 
 strument which has answered the object of its creation, or any 
 forged or other iniquitous deed or other writing, which though 
 not enforced at the time, either casts a cloud over complainant's 
 title, or otherwise subjects him to future liability or present an- 
 noyance, and the cancellation of which, is necessary to his per- 
 fect protection. 
 
 ARTICLE IV. 
 
 BILLS OF PEACP: AND INTPZR-PLEADER. 
 
 Section. 'Section. 
 
 3154. Bill of peace. \ 3156. Inter-pleader. 
 
 3155. Perpetual iujunetioii. I 3157. Collateral to other proceedings. 
 
 §3154. It being the interest of this State that there should beBiiufpoaae 
 an end of litigation, equity will entertain a bill of peace — 
 
 1. To confirm some right which has been previously satisfac- 
 torily established by more than one legal trial, and is likely to be 
 again litigated. 
 
 2. To avoid a multiplicity of suits by establishing a right, in 
 favor of or against several persons, which is likely to be the sub- 
 ject of legal controversy, or in other similar cases. 
 
 § 3155. As ancillary to this jurisdiction, equity will grant per- Pcpetuai 
 petual injunctions. injunction. 
 
 §3156. Wherever a person is possessed of property or funds, or inter-piead- 
 owes a debt or duty to which more than one person lays claim ''^' 
 and the claims are of such a character as to render it doubtful or 
 dangerous for the holder to act, he may apply to equity to com- 
 pel the claimants to inter-plead. 
 
 § 3157. If in the progress of any proceeding in equity the 
 court perceives a necessity for parties to inter-plead, it may order 
 
580 FT. 2.— TIT. 9.— CHAP. 14.— Equity. 
 
 Article 4. — Bills of Peace and Inter-pleader. 
 
 Collateral to such intcr-pleader as collateral and ancillary to the main case, 
 •eedings. All the extraordinary remedies of equity may be enforced by at- 
 
 tachments. 
 
 PART III. 
 
 THE CODE OF FF.ACTICE. 
 
 TITLE I. 
 
 OF TIIR JUDC4ES, SESSIONS AND ADJOURNMENTS OP COURTS. 
 
 C'hapter 1. Of the Supreme Court. 
 
 Chapter 2. Of the Superior and Inferior Courts. 
 
 CiiAPTEK 3. Of the .TudgoB of the Superior (3ourt8. 
 
 CHAPTER I. 
 
 OF THE SUPREME COURT. 
 
 Sbctiok. [Sbotiov. 
 
 3158. Times and places of holding. j .S160. May be adjourned to another place. 
 
 3169. May becKljourned to another time.] 
 
 TimMami § 3158. The Supreme Court of the State of Georgia shall be 
 Lwi*^ held in the rcBpective districts twice in every year by two or more 
 of the Judges of said court, at the times and places hereinafter 
 mentioned : 
 
 1st Distrwt. — Eastern, Middle and Brunswick Circuits, at Sa- 
 vannah, on the 2d Mondays in January and June. 
 
 '2d District. — Macon, South-western, Pataula and Chattahoo- 
 chee Circuits, at Macon, on the 4th Mondays in January and 
 June. 
 
 3^ District. — Flint, Coweta, Cherokee, Blue-Ridge and Tal- 
 lapoosa Circuits, at Atlanta, on the 4th Monday in March, and 
 2d Monday in August. 
 
 4/A District. — Western and Northern Circuits, at Athens, oa 
 the 4th Mondays in May and November. 
 
PT. 3.— TIT. 1.— Courts. |h 
 
 Chapter 1. — Of the Supreme Court 
 
 Uh Distri^. — Ocinulgee and Southern Circuits, at Milledgc- 
 ville, on the 2d Mondays in Maj and November. 
 
 §3150. It sliall l)e the duty of all the Judges of said court toAiuhejadg- 
 attend each term thereof; but if from Providential cause any oneunt*"**" 
 of the Judges cannot attend the court, such court may be held 
 by two Judges, and if only one Judge shall attend, it shall be his 
 duty to open the court, and adjourn from day to day for one 
 week, and if at the expiration of that time, (or sooner if he is fully 
 advised,) one other Judge cannot attend, and no appointment is^hnt^uscT 
 made by the Governor as hereinbefore provided, he shall adjourn* ''"™ 
 the court until the next regular term, and if no Judge attends it 
 shall be the duty of the Clerk and Sheriff, or either of them, to 
 adjourn said court as above provided. 
 
 § 31G0. When from Providential cause the Supreme Court can- May b<, »d- 
 not be held at the time and place designated by law, it may beidfo'^th^ 
 adjourned by order of the Judges, or any two of them in vaca-^'*''*" 
 tion, to some other convenient time and place, and the session 
 then held shall be valid, and notice shall be given of such adjourn- 
 ment if possible. 
 
 CHAPTER II. 
 
 OF TIIK SUPERIOR AND INFERIOR (COURTS. 
 
 Akticxk 1. Number and times of sessions. 
 
 Aki'iclk 2. Adjournments of the Superior and Inferior Courts. 
 
 ARTICLE I. 
 
 NUMBER AND TIMI<:.S OF SIOHSION. 
 
 Sbotion. i Section. 
 
 3161. Superior Courts to bo held twice, j :U0;;. Times ol sesHioiia Ac. 
 .'1162. Inferior Courts to bo licM twice. ' 
 
 §3161. The Superior Courts shall be held in each county in superior 
 the respective Judicial Circuits twice in every year, by one or how tVi" A" 
 more of the Judges of the Superior Courts at the several times'"" 
 hereinafter mentioned. 
 
 §31G2. The Inferior Courts of this State shall be held twice mferior 
 m every year in each county thereof, by the Justices of said^i:[1w'?oe't 
 court, or a majority of them, at the several times hereinafter^""'- 
 mentioned. 
 
581 
 
 PT. 3.— TIT. 1.— CHAP. 2.— CouKTS. 
 
 Times of 
 session E. 
 
 Article 1. — Number and Times of Session. 
 
 § 3163. The times of holding the Superior and Inferior Courts 
 
 are as follows:'" 
 
 BLUE-PJDGE CIRCUIT. 
 
 SrPEKIOR COtrRTS. 
 
 INFERIOR COritTS. 
 
 Cherokee, ! First Monday in March and September.. 
 
 Cobb : Third 
 
 Second Monday in June and December,. 
 Third 
 
 Dawson > Second 
 
 Fannin, i " 
 
 Forsyth, | Third 
 
 Gilmer. ; First 
 
 Lumpkin, ; Fourth 
 
 Milton j First 
 
 Pickens, | Second 
 
 Towns, ' Fourth 
 
 Union, [Third 
 
 February and August,. . i First 
 
 May and October, Second 
 
 February and August... , Third 
 
 M.1V and October Second 
 
 January and July Third 
 
 June and November, . . . First 
 March and September. . . Third 
 
 May and October, . . Third 
 
 Fourth 
 
 January and June,.. 
 May and November,. 
 Jan. an'd 1st in July,. 
 Jane and December,. 
 February and Sept. . . 
 January and Julf,. . . 
 June and December,. 
 
 BRUNSWICK CIRCUIT. 
 
 Sri'ERIOR CdVRTSi. 
 
 INTEKIOR rol-RTr^ 
 
 June and December, 
 January and June,... 
 
 February and Si-pt. 
 January and July,.. 
 
 Appling, : First Monday in M.irch and September.. . First Monday in 
 
 Camden, Friday after the fourth Monday in April 
 
 1 and'October First 
 
 Charlton, i Monday after the fourth Monday in April i 
 
 and October, ." j First 
 
 Clinch, Fourth Monday in March and September, Third " 
 
 Coffee ; Second " " '• ' 
 
 Echols, I Monday after 4th Monday in March and First " May an<l November 
 
 September MoUflay after Inferior Court in Clinch,.. 
 
 Glynn, 'Third Monday in April and October Second Monday in January and June,. . 
 
 Pierce, |Thursd.ay before the 1st Monday in March' 
 
 I and September " .Second " June and December,. 
 
 Ware, i Third Monday in March and Septembtr,.|Third 
 
 Wayne^ ■ • ■ I Fourth Monday in April and October. |Tblrd " January and July, . . . 
 
 CHATTAHOOCHEE CIRCUIT. 
 
 Chattahoochee, 
 
 Harris 
 
 Marion, 
 
 Muscogee, 
 
 Schley, 
 
 Talbot, 
 
 Taylor, 
 
 eiTPERIOK COrRTS. 
 
 INFERIOR COCETS. 
 
 Fourth Monday in March and September, i Third Monday in June and December,. 
 
 Second 
 
 First 
 
 Fourth 
 
 Fourth 
 
 Third 
 
 First 
 
 April and October.. . . . Second 
 March ami So[itember. Third 
 M.iy and November... Second 
 
 April and October iFourth 
 
 March and September, I Third 
 April and Octoter. ISecond 
 
 January and July 
 
 May and NovemDer, . . , 
 March and September, 
 January and August,.. 
 June and December,.. , 
 Februarv and August,. 
 
 CHEROKEE CIRCUIT. 
 
 SUPERIOR COURTS. 
 
 rNTERIOE CCURTS. 
 
 Cass, [Second Monday in March and September, Fourth Monday in May and November,. . 
 
 Catoos.a, Second 
 
 Chattooga, t First 
 
 Dade, 
 
 Gordon, ... 
 
 Murray 
 
 Walker, .... 
 
 May and November. . . Second 
 March and September, Fourth 
 May and November.. . ! First 
 April and October,. .. IFourth 
 I Third 
 Monday before the 1st Monday in March, 
 
 and September : First 
 
 V Thitfleld IFou r th Mo nday in April and October. j First 
 
 Fourth 
 
 First 
 Third 
 
 February and August, 
 May and' November,. . 
 March and September, 
 January and July, 
 
 May and December,. . . 
 January and July, 
 
 * As to counties in which the Superior Court sits two or more weeks, see local acts 
 in pamphlets, under appropriate heads. 
 
PT. 
 
 -TIT. 1.— CHAP. 2.— Courts. 
 
 583 
 
 Article ] . — Xiimbor and Times of Session. 
 
 COWETA CIRCUIT. 
 
 srPEnior. rmrRxs. 
 
 IXFEIIIOR COUKTS. 
 
 Clayton ' First Monday in May and Xovember First Monday in Fobruary and July, . . 
 
 DeKalb, i Fourtli 
 
 Fayetie, j Second 
 
 Fulton, First 
 
 Meriwether, . . i Third 
 Tronp, I Third 
 
 April and October Third 
 
 March and September.. . Third 
 
 April and October, Third 
 
 February and August, . . Fourth 
 May and Novewbtr, First 
 
 January 
 
 June 
 
 June and December, . . . 
 
 April and October, 
 
 February and August,. 
 
 EASTERN CIRCUIT. 
 
 Brvnn, 
 
 Bulloch, .. 
 
 Chatham, 
 Effingham 
 
 Liberty,. 
 
 SUrERIOE COrBTS. 
 
 IMFERIOE COUr.TS. 
 
 Fourth Monday in April and on 2d Mon-I 
 
 day after 4th Monday in November ; Fourth Monday in January and June. 
 
 Friday afUr ;id Monday in March and 
 
 '■ ■ '• 4lh " ' October.... First '■ 
 
 Second Monday in January and May Third 
 
 Monda_y after the 4th Monday in March ^ 
 
 and 'id Monday after 4lh Mond.iy in Oct. ' Second 
 Third Monday in April and Monday after 
 
 j 4th Monilay in November second 
 
 Mcintosh, 'Tuesday after '2d Monday in April andl 
 
 j Thursday after 4th Mon<iay in Nov. . . . , Third " 
 
 Montgomery,.. (Thursday after the '2d Monday in March 
 
 and Thursday after Sd Monday in Oct.. First " 
 
 Tattnall JThird Atondav in March and 4th in Oct.. . Second ' 
 
 February and July, . 
 
 January and June,. 
 
 February and August, 
 
 FLINT CIRCUIT. 
 
 BLTKUIOK COrRTS. 
 
 I>-FERIOR rorUTS. 
 
 Butts, |Sec(rad Monday in March and September. Second Monday in January and July 
 
 Henry, Third 
 
 Monroe | Fourth 
 
 Newton, Third 
 
 Pike iFirst 
 
 Spalding, i Third 
 
 Upson.. i First 
 
 April and October FourtJi 
 
 February and August, Second 
 March and September,' Fourth 
 
 April and October,.. . . 
 May and November. 
 
 Firjt 
 Third 
 First 
 
 February and August, 
 June anil December,. . 
 
 February and August, 
 
 MACON CIRCUIT. 
 
 Sri'KUKiR COURTS. 
 
 rNTKRTOR rOURTS. 
 
 Bibb jThird Monday in May tnd Noyember,. 
 
 Crawford, j First 
 
 Dooly,. IFirst 
 
 Hous'ton Fourth 
 
 Macon i Third 
 
 Twines, I Fourth 
 
 Worth I Third 
 
 M.ireh and September,. | Third 
 Ajinl and October, ... Third 
 
 ! Fourth 
 .Miireh and September, . ' First 
 
 Fourth 
 April and October, j First 
 
 Third Mond.iy iu Februaiyand August, 
 
 .Tanuary and July,. 
 
 June and December,. 
 
 .January and July,. . . 
 
 Febriuirv 
 
 .Tanuary 
 
 June and December,. 
 
 MIDDLE CIRCUIT. 
 
 
 
 Krrr.r.ioR coviur-. , 
 
 INFKRIOR COURTS. 
 
 Burke 
 
 Second M 
 
 >nday 
 
 iu May and November... . IFirst Monday 
 
 in 
 
 .lanuarr and .July, 
 
 Columbia, 
 
 First 
 
 •' 
 
 March and September,! First 
 
 
 
 Februiiry and '' 
 
 Emanuel, 
 
 Fourth 
 
 
 Second " 
 
 
 
 January and " 
 
 JeffersoB, 
 
 Third 
 
 " 
 
 April and October 1 Third 
 
 
 
 
 Johnson, . 
 
 Second 
 
 " 
 
 June and December,. . Second " 
 
 
 
 April and October 
 
 Elchmond 
 
 Fourth 
 
 " 
 
 January and June First " 
 
 
 
 June and December,.... 
 
 Scriven 
 
 Second 
 
 " 
 
 April tind (.)ctober, Second " 
 
 
 
 January and July, 
 
 \\ ashington, . . 
 
 Second 
 
 " 
 
 March and September,! Fourth " 
 
 
 
 " " 
 
584 
 
 PT. 3.— TIT. 1.— CHAP. 2.— Courts 
 
 Article 1. — Number and Times of Session. 
 
 NORTHERN CIRCUIT. 
 
 
 SUPBBIOK COURTS. 
 
 
 INrEEIOE COUKTS. 
 
 Elbert, 
 
 Second Monday 
 
 in March and September, 
 
 Third Monday in 
 
 January and July, 
 
 •Glasscock, 
 
 Third 
 
 FebruarY' nnd August, 
 
 Third 
 
 " 
 
 " " 
 
 Hancock, 
 
 Second '• 
 
 April and October, 
 
 First 
 
 " 
 
 February and August,. 
 
 Hart, 
 
 Third 
 
 March and September, 
 April and Ortobor, 
 
 Third 
 
 t« 
 
 
 Lincoln, 
 
 Fourth 
 
 First 
 
 " 
 
 February and July, 
 
 Madison, 
 
 First 
 
 March and September, 
 
 Second 
 
 " 
 
 January " 
 
 Oglethorpe, . . . 
 
 Third 
 
 April and October. 
 
 Fourth 
 
 " 
 
 " June,.... 
 
 Talliaferro, ... 
 
 Fourth '• 
 
 February and Aufrtist, 
 
 First 
 
 *■ 
 
 June and December,.. . 
 
 Warren, 
 
 First 
 
 April and October, 
 
 March and September, 
 
 Second 
 
 " 
 
 February and August,. 
 
 Wilkes 
 
 Fourth « 
 
 First 
 
 " 
 
 May and November,. . . 
 
 OCMULGEK CIRCUIT. 
 
 SUPERIOR COURTS. 
 
 INFERIOR COURTS. 
 
 Baldwin, . 
 Greene,. . . 
 
 Jasper, 
 
 Jones, 
 
 Morgan, . . . 
 Putnam, . . 
 WilkinsoB 
 
 Fourth Monday in February and August, |Third Monday in May and November,. 
 
 Second " " March and September, 'Second " June and December,. 
 
 Fourth " April and October, j Fourth 
 
 Third *• " " Fourth 
 
 First '■ March and September, First 
 
 Third " " ^ Third 
 
 First '^ April and October. I Second 
 
 Januiiry and July,. 
 Juno and December,. 
 January and July, . . . 
 
 PATAULA CIRCUIT. 
 
 eUPERIOR COURTS. 
 
 INKKRIOU COUKTK. 
 
 Clay, 
 
 Early, 
 
 Miller, . 
 Quitman,.. 
 Randolph,. 
 Stewart, . . 
 Terrell,... 
 Webster, . 
 
 Second Monday in June and December,.. ! Second Monday in March and September, 
 
 First 
 
 Second 
 
 Third 
 
 First 
 
 Third 
 
 Fourth 
 
 Second 
 
 April and October, . . 
 May and November,. 
 
 April and October,.. 
 May and November, 
 
 Third 
 
 Fourth 
 
 Second 
 
 First 
 
 First 
 
 Fourth 
 
 March and September, (Second 
 
 June and December,. 
 
 March and September, 
 
 February and August 
 
 June, . . 
 
 August, 
 June and December,. . 
 
 SOUTHERN CIRCUIT. 
 
 SUPERIOR COrP.TS. 
 
 IXFEP.IOR COURTS. 
 
 Berrien,. . 
 Brooks, . . 
 Colquitt,. 
 
 Irwin, . . . . 
 Laurens, . . 
 Lowndes, 
 Pulaski, . . 
 Telfair, . . . 
 
 Thomas, . 
 Wilcox,. . 
 
 , : Monday after Irwin Court ' Second Monds 
 
 . |Se«ond Mond.ay in June and Deooniber,. . iThird " 
 
 . iLast Monday in May and 1st .Monday af-l 
 
 j ter 4th Monday in November ;Firtt 
 
 On Thursday after Teltair C'nurt i Fourth 
 
 , 1 Second Monday in April and October, j First 
 
 {First " " Juno and December,. . 'First 
 
 i Third " April and October, ! Fourth 
 
 Friday after 4th Monday in Ai)ril and Oc- 
 
 i tober, ." I Fourth 
 
 IThird Monday in June and Decembc-,. . . Fourth 
 Fourth " April and October, I Second " 
 
 SOUTH-WESTERN CIRCUIT. 
 
 ly in January and July,. . . . 
 Fit'ruarv and Aagu-it, 
 
 .January .'.ml July, 
 
 Jnno and December,. . 
 Ffbruuiv aud vVugust, 
 Jan. and 1st in July,.. 
 
 February and August, 
 January and July,. . . . 
 
 SUPERIOR COURTS. 
 
 DfFERIOK COURTS. 
 
 Second Mondav in May and November,. . iTuesd.iy after 1st Monday in Jan. & July, 
 Third " " March and September, Third Monday in May atid November, .. . 
 
 Fourth 
 
 First 
 
 Fourth 
 
 Second 
 
 Second 
 
 .Vpril and October, 'Second 
 
 June and December,.. First 
 
 March and September, 
 May and November,. . 
 April and Octo ber, 
 
 Fourth 
 Fourth 
 Third 
 
 January and July,. 
 March and September,. . 
 
 January and July, 
 
 February and August,.. 
 January and July, 
 
PT. 3.— TIT. 1.— CHAP. 3.— G0UBT8. 
 
 Article 1. — Number and Timea of Session. 
 
 TAIJ.APOOSA CIRCUIT. 
 
 8UTKRIOK OOtJRTS. 
 
 INTERIOR COrBTS. 
 
 Campbell, 
 Carroll, ... 
 Oowota, . . 
 Floy.1, .... 
 
 Haralson, , 
 
 Heard, 
 
 Pftulding, . 
 
 Polk iThird 
 
 Second Monday in February and Ancnst, [Third Monday in Jnne and December,. 
 
 First " .\pril anil October. iFonrth " 
 
 First " March and September. jFirot 
 Third " January and let Mon- 
 day in July .' IThird 
 
 Third Mondav in April and October Second 
 
 Tliird '• " March and 8cptcinl>rr.. Second 
 Fourth '• February and Aueuf>t,.. I S«cond 
 
 May and Nov.-niber, . 
 January and July, . . 
 
 Juno and December, 
 
 Fourth 
 
 585 
 
 WESTERN CIRCUIT. 
 
 
 
 surERiou oorKTS. 
 
 
 INFERIOR COT7RT8. 
 
 
 Fourth M 
 
 onday 
 
 in .'Vpril and October 
 
 First Monday in February and August,. 
 
 Clarke 
 
 }<"irst 
 
 
 Feb. and 2d in Aug.. . . 
 
 Fourth 
 
 " April and October, 
 
 Franklin 
 
 Third 
 
 " 
 
 .Vpril and October 
 
 Fourth 
 
 January and July 
 
 Owiunett, 
 
 First 
 
 
 March and '2d in Sept. 
 
 'Second 
 
 J une 1 nd December 
 
 Ilabersham 
 
 Bccond 
 
 
 April and October 
 
 ■Second 
 
 ■January and July, 
 
 Hall, 
 
 Tliird 
 
 
 March and September, 
 
 Fourth 
 
 " '■ 
 
 Jackson, 
 
 Fourth 
 
 
 February and AucusU 
 
 Second 
 
 . 
 
 Eabun, 
 
 First 
 
 
 April and Wednesday 
 
 
 
 
 alter Ist Mouf 
 Third Monday i 
 
 
 First 
 j Third 
 
 .. - *k 
 
 Walton, 
 
 n February and August,.. 
 
 '• May and Nov ember, .... 
 
 White 
 
 Fourth 
 
 ^ 
 
 March and Septtriiber. . 
 
 Fourth 
 
 " June and December,.^. . 
 
 ARTICLE II. 
 
 OF AP.TOURNMENTS OF THE SUPERIOR AND INFERIOR COURTS. 
 
 Section. jSection. 
 
 ."llGi. Superior Court may bo adjourned, j 3167. Adjourned terms. 
 3165. May be adjourned in vacation. ! :n6S. Inferior Court may he adjourne«l. 
 :U66. May be adjourned in term time. ■ :!169. May be adjourned in term tinm. 
 
 § 81()4. In case of niiavoidable accidents, whereby the Snperior Adjj>uru- 
 Court, in any connty, shall not be held at the time appointed for ^^^^'-^^'^^^^^ 
 holding the same, the Clerk of such court shall adjourn the same 
 from day to day, not exceeding two days, and unless the presi- 
 ding Judge shall order to the contrary m^ ithin the two days afore- 
 said, the Clerk shall then adjourn said court to the next term, 
 
 §310)5. When the Clerk of the Superior Court is informed byCi;|kofSu- 
 the presiding Judge, that it is not possible for him to attend the *^^^"'"*'' *''■ 
 regular term of said court from sickness of himself or his family, 
 or other unavoidable cause, which shall be expressed in the order 
 of adjournment, the Clerk shall adjourn such court to such time 
 
586 FT. 3.— TIT. 1.— CHAP. 2.— Cou 
 
 RT6. 
 
 Article 2. — Of Adjouraments of Superior and Inferior Courts. 
 
 To be ad- as the Jud2;e may direct, and sliall advertise the same at the 
 
 court-house of the county m which said court is to be Jiekl, and 
 
 one or more times in a public gazette. 
 
 KorProvi- § 31GG. Ko Superior Court shall be adjourned by the Judge in 
 
 'olviBeouij, vacation, except for the causes above stated, but the Judijce may, 
 
 in term time, adjourn such court to such time as he may think fit. 
 
 .Tmipcs shall §31(17. It sh.'ill bc tlic diity of every Jud«;e of the Superior 
 
 .io°urned Court to hold an adjourned term in every county within their re-"^ 
 
 ^"" ' "■ spective circuits, when the Inisiness requires it to clear the dockets. 
 
 Adjourn- §3108. If, fi'om any circumstancc, a majority of the Justices 
 
 ferior cJurt, 0^ tlic Inferior Court, in any of the counties of this State, should 
 
 *•■ fail to attend at the regular term of said Inferior Court, or at 
 
 any adjourned term, it shall, and may be lawful for any one of 
 
 the Justices of said court, in the county where such failure may 
 
 take place, together with the Sheriff, or his deputy, Coroner or 
 
 Constable, and the Clerk of said court, to adjourn said court to 
 
 such time as they, in their judgment, may think projier ; and if 
 
 no one of said Justices should attend on the first day of any term, 
 
 Mnybsad- tlieir Clerk shall have the same ]>(»wer as the Clerk of the Supe- 
 
 't'i?rcKTk7 I'ior Court in such cases, until one of such Justices shall attend. 
 
 § 3100. The Inferior Court may be adjourned in term time, as 
 
 the Superior Court. 
 
 CHAPTER III. 
 
 OF THK JUDGES OF THH SUPERIOR COURTS. 
 
 Section'. ISkctiok. 
 
 3170. Rules of practice, itc. i 3172. Judges muet not express opinion. 
 
 3171. All other rules void. 1 3173. Must charge tbo jury speciallj'. 
 
 •Tudpes of § 3170. The several Judges of the Superior Courts of this State 
 
 the Superior j. .i . 1' ^ • i j. x. 
 
 Court, &«. may convene at the seat oi government once in eacJi year at sucn 
 time as they, or a majority of them ma}- appoint, for the purpose 
 of establishing nniform rules of practice throughout the several 
 
 Muptb* circuits of this State, which rules, so established, shall be pub- 
 lished immediately after the adjournment ot said convention. 
 
 All other § 3171. All Tulcs of practicc for the Superior or Inferior Courts, 
 prescribed by any other authority than that which has, by the 
 previous section, been deputed to all the Judges of the Superior 
 Courts of Georgia in convention, shall be null and void and in- 
 operative. 
 
PT. 3.— TIT. 1.— CouRTg. 587 
 
 Chapter 3. — Of the Judges of the Superior Courts. 
 
 §3172. It is error for any or either of the Judsres of the Supe- Jn'ige must 
 
 '^ •' "^ *■ not express 
 
 rior Courts of this State, in any case, whether civil, or criminal, opinion on 
 or in equity, during its progress, or in his charge to the jury, to 
 express or intimate his opinion as to \vliat has or has not been 
 proved, or as to the guilt of the accused ; and should any Judge 
 of said court violate the provisions of this section, such violation 
 
 , shall be held, by the Supreme Court, to be error, and the deci- Error. 
 
 J^sion in such case reversed, and a new trial granted in the court 
 below, with such directions as the said Supreme Court may law- 
 fully give. 
 
 §3173. The Judges of the Superior Courts shall, at the first judge most 
 court in each year, give the law on the subject of educating the jury, &e. 
 poor, specially in charge to the Grand Juries, together with his 
 suggestion and arguments upon their duty and policy in relation 
 to the same, and shall also, at each term of said court in every 
 year, give specially in charge to said Grand Juries the law against 
 gaming and trading with slaves, furnishing slaves or free persons J^^^ipJ^^^j. 
 of color with spirituous liquors, gambling with negroes, carrying fiaTe^'&c. 
 deadly weapons, and in relation to colored mechanics, furnishing 
 negroes with poisonous drugs, etc.* 
 
 * For further powers and duties of the Judges of the Superior Court, see Part 1, 
 Title 5, Chapter ?,. 
 
588 
 
 PT. 3.— TIT. 2.— Actions. 
 
 Chapter 1. — General Principles. 
 
 TITLE II. 
 
 OF ACTIONS. 
 
 Chaitek 1. General principles. 
 Chapter 2. Of attachments. 
 CiiAPTEK 3. Petition and process. 
 Chaj'tek 4. Of the venue. 
 Ciiaptp:r 5. Bail in civil cases. 
 CiiAiTEK C. Of making parties. 
 Chapter 7. Of abatement, retraxit, &c. 
 
 CHAPTER I. 
 
 GENERAL PRINCIPLKS. 
 
 •Section. 
 317'!. For crery right <fec. 
 .T175. Action defined. 
 
 3176. All distinctions of actions abolished 
 
 3177. A civil action defined. 
 
 3178. A penal action dottnod. 
 
 3179. Demand — when required. 
 
 3180. Claims of persons — can't be joined. 
 
 Seotion. 
 
 3181. Parties to aclioud ou contracts. 
 
 3182. Parties to actions for torts. 
 
 3183. Tenant in common miij stio alone. 
 
 3184. Dates & amounts may bo in figures. 
 
 3185. Different claims may bo joined. 
 
 3186. When parties must sue separatelj. 
 
 3187. A suit by an infant is not void. 
 
 For evory 
 right there 
 shall be a 
 i^inedy. 
 
 An action. 
 
 Distinction 
 of actions 
 aboli«h«>d. 
 
 A civil ac- 
 tion defined. 
 
 A penal ac- 
 tion defined 
 and parties 
 provided. 
 
 So demand 
 Booeeaarj. 
 
 § 3174. For every right there sliall be a remedy, and every 
 court having jurisdiction of tlic one, may if necessary frame the 
 other. 
 
 §3175. An action is merely the judicial means of enforcing a 
 right. 
 
 §3170. All distinction of actions into real, personal and mixed 
 are abolislied. An action may be against the person, or against 
 property, or both. Generally, a proceeding against the person 
 binds the property also, and a proceeding agaist property, with- 
 out service on the person, binds only the particular property. 
 
 § 3177. A civil action is one founded on private rights, arising 
 either from contract or tort. 
 
 3178. A penal action is one allowed in pursuance of public 
 justice under particular laws. If no special officer is author- 
 ized to be the plaintiif therein, the State, or the Governor, or the 
 Attorney or Solicitor General, may be the plaintiif. 
 
 § 3179. No demand is necessary to the commencement of an 
 action, except in such cases as the law or the contract prescribes. 
 
PT. 3.— TIT. 2.— Actions. 589 
 
 Chapter 1. — General Principles. 
 
 § 3180. Distinct and separate claims of or asrainst different per- Apaiast dtf- 
 
 , . . , . 1 . ' ferent per- 
 
 sons cannot be joined m tlie same action. wns. 
 
 § 3181. As a general rule, the action on a contract whether ex- Partioa to 
 press or implied, or whether bj parol or under seal, or of record, contract 
 must be brought in the name of the party in whom the legal in- 
 terest in such contract is vested, and against the party who made 
 it in person or by agent. 
 
 §3182. An action for a tort must, in general, be brought in Parties to 
 the name of the person whose legal right has been affected, and torts, 
 who was legally interested in the property at the time the injury 
 thereto was committed, and against the party committing the in- 
 jury, eithej by himself, his servant, or agent in his employment. 
 
 §3183. A tenant in common need not join his co-tenant, but a tenant sa 
 may sue separately for his interest, and the judgment in such m^™n° 
 case effects only himself. ^'"°*'' 
 
 §318-1. Dates and amounts in pleading may be set out in fig- Dates and 
 ures or Arabic numerals, and when a party signs a contract with Xy°^ set 
 the initials of his christian name only, he may be sued in the ^'es." 
 same way. 
 
 § 3185. All claims arising ex contractu between the same parties Differeut 
 may be joined in the same action, and all claims arising ex delicto^^^\^TiJ 
 may in like manner be joined. The defendant may also set up 
 as a defence, all claims against the plaintiff of a similar nature 
 with the plaintiflTs demand. 
 
 § 3186. Courts will not in one suit take cognizance of distinct ^^^.j, 
 and separate claims of different persons, but where the damage, as "ut^^te- 
 well as the interest is several, each party injured must, in that'^- 
 oase, sue separately. 
 
 §3187. A suit commenced and prosecuted by an infant alone suits by an 
 is not void, and although the suit is defective in wanting a guar- v'^f^lj'.'""* 
 dian or next friend, the defect is a amendable before verdict, and 
 cured bv verdict. 
 
590 
 
 PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 1. — Of Isauir g Attachments. 
 
 CHAPTER II. 
 
 OF ATTACHMENTS. 
 
 Article 1. Of issuing attachments. 
 
 Article 2. In what manner, on what property executed, &c. 
 
 Article 3. Proceedings on garnishments. 
 
 AnncLY. 4. Pleading and defences. 
 
 Article. 5. Replevy and disposition of property attached. 
 
 Article 6. Claim and proceedings therein. 
 
 Article 7. Lien of attachments, judgments and executions. 
 
 ARTICLE I. 
 
 OF ISSUING ATTACHMKNTS. 
 
 SECTtO.V. 
 
 3188. Grounds of attachment. 
 
 3189. Affidavit. 
 
 ;il90. Bond to be given. 
 
 3191. Co-partner may make oath ic. 
 
 3192. Issue bv a Judge, Justice Ac. 
 
 3193. Property m another county. 
 319-1. When returnable. 
 
 3195. To whom directed. 
 
 319G. Issue and levy on Sunday. 
 
 Section'. 
 j 3197. When the debt is not due. 
 
 3198. Joint contracts — may be attached. 
 I 3199. Executors, administrators, ice. 
 ' 3200. Security or endorsers vs. principal. 
 , 3201. May issue pending suit. 
 j 3202. Foreign incorporations. 
 j 3203. Bail may be attached. 
 I 320-4. Not void for want of form. 
 ! 3205. Affidavit, bond and attachment. 
 
 Grounds of 
 nttachmcnL 
 
 §3188. Attachments may issue in the fuUowing eases: 
 
 1. AVhen the debtor resides out of the State. 
 
 2. When he is actually removing, or about to remove without 
 the limits of the county. 
 
 3. AVhen he absconds. 
 
 4. "When he conceals himself. 
 
 5. AVhen he resists a legal arrest. 
 
 6. "When he is causing his property to be removed beyond the 
 limits of the State. 
 
 § 3189. Before process of attachment shall issue, the party seek- 
 ing the same, his agents or attorney at law, shall make an affida- 
 vit before some Judge of the Superior Court, Justice of the Infe- 
 rior Court, Justice of the Peace, or Notary Public that the deb- 
 ^fney^r tor has placed himself in some one of the positions enumerated 
 sw»ar. .^ ^i^-g Qq^q^ ai^(j oi^Q ^f ^]^q amouut of the debt claimed to be 
 
 due. When the affidavit is made by the attorney at law, or agent 
 
 By trhom 
 affidavit 
 may bt 
 
PT. 3.— TIT. 2.— CHAP. 2.— Actions. 691 
 
 Article 1. — Of l8suing Attachments. 
 
 of the party, he may swear that the amount claimed to be due, is 
 due according to the best of his knowledge and belief. 
 
 §3190. The party seeking the attachment before the samepinintiff 
 issues, shall also give bond with good security in an amount at bl.mi TnYse- 
 least double the debt sworn to, payable to the defendant in attach- *'""'^" 
 ment, conditioned to pay such defendant all damages that he may 
 sustain, and also all costs that may be incurred hy him in conse- 
 quence of sueing out the attachment in tlie event the plaintiff shall 
 fail to recover in said case ; which bond it shall be the duty of the 
 magistrate or other officer before whom the affidavit is made to 
 take, and where the affidavit is made by the agent or attorney at u.m?y may " 
 law of the plaintiff, such agent or attorney at law is hereby author-^'"" 
 ized to sign the name of the princijial who shall also be bound 
 thereby in the same manner as though he had signed it himself. 
 
 §3191. When the debt for the recoverv of which the attach- co-partncr, 
 
 . 1 • J 1 • ' nccnt or at- 
 
 ment is sought is due to a co-partnership, or is due to several per- '"'■"•^ ™«y 
 
 ..,.,,,,. ■* -T make alSda- 
 
 6ons jointly, it shall be lawful for any one of the co-partners or^'*- 
 joint creditors, his agent or attorney at law, to make the affidavit, 
 and give the bond iis prescribed by this Code, and to sign the name 
 of the other co-partners or joint creditors to said bond, and they 
 shall be bound thereby in the same manner as though they had 
 signed it themselves. 
 
 §3192. Affidavit being thus made and bond given, it shall be Attachment 
 the duty of the officer, before whom such affidavit is made, and '^'"•'•* """^ 
 bond given, or any officer authorized so to do, to issue an attach- 
 ment against the defendant, which may be levied on the property 
 of the defendant, l)oth real and personal, if to be found in this 
 State. 
 
 § 3193. When the plaintiff in attachment wishes to levy his p^oportv in 
 attachment upon property in a different county from that iueoun^^yi"' 
 which the same is returnable, it shall be the duty of the magis- uprnl"'""*^ 
 trate or other officer issuing such attachment, upon the request 
 of the plaintiff, his agent or attorney at law, to make out a 
 copy or copies of the original attachment, bond and affidavit, and 
 certify the same, officially, to be a true copy or copies, and upon 
 such copies being delivered to any officer to whom the same ^n^t' t* tL^' 
 is directed, of the county where the property of the defendant is, wile"'/ the 
 it shall be the duty of such officer to levy forthwith the same ^'"^"'^^ '*' 
 upon the property of the defendant in such county, and to return '« '"""*• re- 
 the same, with his accings and doings entered thereon, to the court 
 to which the original attachment is returnable. 
 
592 FT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 1. — Of Issuing Attachments. 
 
 Attachments § 8194-. When the amount sworn to shall exceed the sum of fifty 
 turnabie. dolliirp, tlic attachment shall be made returnable to the next term 
 of the Superior or Inferior Court of the count}^ where the defend- 
 ant resides, or where he last resided, but if such court shall sit 
 within twenty days next after isfsuing such attachment, it shall 
 When re- ^'^ made returnable to the next term of the Superior or Inferior 
 tiirnabio to a QQ^rt thereafter, and wdien the debt sworn to does not exceed the 
 
 Justice B 
 
 Court. gyjj^ Qf' f^f^y tloUars, the attachments shall be made returnable to 
 the next Justices' Court of the district in wliich the debtor resides, 
 or last resided, but if the next Justices'' Court, shall sit within ten 
 days next after issuing such attachment, it shall be made returnable 
 When the to tlic Ticxt Justiccs' Court thereafter, except when the defendant 
 i-^swoifout resides out of the State, and in that case, if the de))t sworn to ex- 
 — how r«- ceeds fifty dollars, the attachment nuiy be made returnable to the 
 "^ " '" Superior or Inferior Court of any county in this State, and if it 
 does not exceed fifty dollars, the attachment may be made return- 
 able to a Justices' Court of any district of any county in thiB 
 
 State. 
 To whom §3105. Attachments returna})le to the Superior and Inferior 
 '** Courts shall be directed to all and suigular the Sherift's and Con- 
 
 stables of this State, and attachments returnable to the Justices' 
 Courts shall be directed to all and singular the Constables of this 
 State. 
 Mayiesnoon § 3196. Attachments may issue and be levied on Sunday when 
 day. the plaintiff, his agent or attorney at law shall swear, in addition 
 
 to the oath prescribed by this Code, that he has reason to appre- 
 hend the loss of the debt, unless process of attachment do issue 
 AddiUonai ^,jj Suudav, and shall also oomiilv with the other provisions of 
 
 oath. •- * • ■* 
 
 this Code in relation to issuing attachments. 
 When toie § 3107. Wlicu tlic debt is not due, the debtor shall be subject 
 dHf, ^°" to attachment in the same manner and to the same extent as in 
 
 cases where the debt is due, except that where the debt does not 
 
 become due before final judgment, execution upoji the judgment 
 
 shall be stayed until the debt is due. 
 Joint con- § 3108. In cases of ioint contractors and co-partners, where any 
 
 tractors sub- '^ , , . i > i- , , i i- 
 
 jtK-ttoat- one ot tliem shall render himselt liable to attachment accordmg 
 
 fcvchracnf, i • i i . •/» 
 
 to law, an attachment may issue agamst Inm upon the plamtiff, 
 his agent or attorney at law complying with the previous pro- 
 visions of this Code in relation to the issuing of attachments, and 
 the proceedings against such joint contractors or co-partner shall 
 be in all respects as in other cases of attachments, except that' 
 
PT. 3.— TIT. 2.— CHAP. 2.— Actions.' 59-3 
 
 Article 1. — Of Issuing Attachments. 
 
 such attachment shall be levied only upon the separate property To be levied 
 of such joint contracter or co-partner. property. 
 
 § 3109. Process of attachment may issue against an adminis- May issu» 
 trator on an estate, or the executor of the last will and testament "dm^nistM- 
 of any deceased person, as in other cases when such administra- "'^' 
 tor or executor shall be actually removing, or about to remove 
 the property of said deceased person Avithout the limits of any 
 county of this State, provided final judgment shall not be enter- 
 ed up against such administrator or executor until after the ex- 
 piration of two years from the granting of letters of administra- ^"gf^g^**" 
 tion, or letters testamentary as the case may be, and in all cases 
 of money demands, whether arising e.v contractu or ex delicto, 
 plaintiff sliall have the ria;ht to sue out the attachment when the ^n cases of 
 
 I'l ini I'^ii- i/^« t • money de- 
 
 deiendant shall have jnaced hmiselt in such situation as will au-"'"n''s- 
 thorize a plaintiff to sue out attachment upon the plaintiff's com- 
 plying with the law now of force in relation to issuing attach- 
 ments. 
 
 § 3200. In all cases where a person is surety or endorser upon ^ ^^ ^^^^ 
 an instrument of writing, and the principal shall become subject "urjl'j * ®°" 
 to attachment according to the provision of section 3188 of^,ffu"fpJli^ 
 this Code, it shall be lawful for such surety or endorser, upon 
 complying with the provisions of this Code in relation to the is- 
 suing of attachments, to have attachment against his principal, 
 and the proceedings shall be in all respects the same as in other 
 cases of attachment, according to the provisions of this Code, 
 and the money raised by such attachments shall be paid to the 
 person holding such instrument of writing. But if the surety orMoney-h»w 
 
 I'liiii .1 paid out. 
 
 endorser has paid the debt, then the money raised upon such at- 
 tachment, or so much thereof as will pay the amount the surety 
 or endorser has paid, shall be paid to such surety or endorser, and 
 in case the debt is not due at the time judgment is rendered 
 against the principal, execution shall be stayed until the debt is^^^g"^*"" 
 due. 
 
 § 3201. In all cases where the plaintiff has commenced suit for when suit to 
 the recovery of a debt, and the defendant, during the pendency ' 
 of such suit, shall become subject to attachment agreeable to sec- 
 tion 3188 of this Code, the plaintiff", upon complying watli the 
 provisions of this Code in relation to the issuing of attachments, 
 may have an attachment against the defendant, and all the pro- 
 ceedings in relation to the same shall be as hereinbefore prescrib- 
 ed in relation to attachments where no suit is pending. And a 
 38 
 
-iH PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 1. — Of Issuing Attachments. 
 
 tachment. 
 
 Attachment 
 
 bail in ccr 
 tain wise 
 
 Satisfaction satisfaction of the judgment in the common law action shall sat- 
 of judgment. .^^.^ the judgment in attachment, and a satisfaction of the judg- 
 ment in attachment shall satisfy the judgment in the common law 
 action. 
 Foreign in- § 3202. Attachments may issue against incorporations not in- 
 3"cuo at- corporated by the laws of this State, who are transacting business 
 within the State, under the same rules and regulations as are by 
 this Code prescribed in relation to issuing attachments and gar- 
 nishments in other cases, 
 
 § 3203. In all civil suits in which bail lias been required, and 
 Ss?"' such bail has been given, and pending the liability of said bail, 
 he shall attempt to remove beyond the State or county in which 
 such bail resided at the time the same was required, it shall be 
 lawful for the party at whose suit bail was required, to attach the 
 property of said bail to answer tlie suit of the party sueing out the 
 same, provided that said bail may discharge his property from said 
 levy by delivering up the body of the principal according to the 
 laws of this State. 
 Acompii- §3204. A substantial compliance in all matters of form shall 
 tunVe"8uffl- be held sufficient in all applications for attachment, and in all at- 
 tachments issued as provided by this Code. 
 
 § 3205. In all cases of attachment the form of the affidavit, 
 bond and attachment may be as follows : 
 
 Affida/uit. 
 
 Affidavit, Georgia, \ 
 
 County. \ 
 Before me the subscriber a in and for said county 
 
 personally and on oath says, that is indebted to him 
 
 in the sum of , and that the said Sworn to before me 
 
 , this the day of 18 
 
 Bond. 
 
 B#ncL Georgia, \ 
 
 County, f 
 
 We principal and security, acknowledge ourselves 
 
 bound unto in the sum of dollars subject to the fol- 
 
 lowing conditions : 
 
 That the said principal is seeking an attachment against 
 
 the said which is now about to be sued out returnable to 
 
 the term of the court of the county aforesaid ; now 
 
 if the said shall pay all damages that the said maj 
 
 oiont 
 Forms. 
 
FT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 595 
 
 Article 1. — Of Issuing Attachments. 
 
 sustain, and also all costs that may be incurred by him in conse- 
 quence of sueing out such attachment in the event that the 
 said shall fail to recover in said case, then this bond to be 
 
 void. 
 
 Executed in presence of , this 
 
 day of 
 
 18 
 
 [L. 8.] 
 [L. 8.] 
 
 AUachinent. 
 
 Okorgia, [ 
 
 County, j 
 
 To all and singular the Sherift's and Constables of said State : 
 You are liereby commanded to attach and seize so much of the 
 property of as will make the sum of dollars and all 
 
 costs, and also to serve such summons of garnishment as may be 
 placed in your hands, and that you make return of this attach- 
 ment with your actings and doings entered thereon, to the 
 term of the court of said county, to which court this at- 
 
 tachment is hereby made returnable. Hereof fail not. Witness 
 my hand and seal , this tlie day of 18 
 
 [L. S.] 
 
 \ttacliment. 
 
 AETICLE II. 
 
 IN WHAT MANNER, ON WHAT PROPERTY EXECUTED, AND PROCEED- 
 INGS THEREIN. 
 
 Section. 
 
 3206. Duly of officer to whom directed. 
 
 3207. Must make a return. 
 
 3208. Must be levied in order received. 
 
 3209. May be levied on property of deft. 
 
 3210. May be levied by s;arni.shment. 
 
 Section. 
 
 3211. Shares or interest in incorporaiiuu. 
 
 3212. Transfer after levy void. 
 
 3213. Certificate of purcliase. 
 
 3214.. Vendor vs. vendee — sale of land 
 
 § 320C.. It shall be the duty of any one of the officers to whom Duty of the 
 an attachment may be directed, as provided in Section 3195, Ar-,^!^ 
 tide I, to levy the same upon the property of the defendant SS! 
 that may be found in tlie county of which he is Slieriff or Con- 
 stable, and when any attachment shall come into the hands of 
 any officer of the county in which such attachment is returnable, 
 and the defendant shall have removed his property beyond the/Jnioved 
 limits of said county before such attachment is executed, it shall*''*'' 
 be the duty of the officer having such attachment to follow such 
 property into any county in the State, and levy the same, and 
 
596 PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 vied by ser 
 
 vice 
 
 niehmrnt. 
 
 Article 2. — In what Manner and on what Property Executed, &c. 
 
 bring the property back into the county where the attacliment is 
 returnable. 
 Attaehment R 3207. It shall be the duty of the officer levyino- such attach- 
 
 mBst De re- " •' , . • 5^ , 
 
 tnmed. mcut, to rctum the same, with his actings and doings entered 
 thereon, together with the affidavit and bond, to tlie court to 
 wliich tlie same is made returnable. 
 
 offie*.- must 8 3208. In all cases it shall be the duty of the officer levying 
 
 lew. Ac, "^ 1 • 1 ■ 1 1 '. 
 
 attachments, to levy them in the order m which they came into 
 his hands, and it shall be his duty to enter upon the' same the 
 year, m>onth, day of the month, and hour of the day on which he 
 made the levy. 
 May bole- 8 3209. When au attachment has been issued by the proper 
 
 vied on the " " /. i i <» 
 
 property, officcr, thc samc may be levied upon the ]>roperty of the defen- 
 dant, l)0th real and personal, which may be found in the county. 
 Maybeie- §3210. Scrvice of the attachment, by serving process of gar- 
 ofpnr- nishment, shall be as effectual for all purposes as though the at- 
 tachment had been served by levying the same upon the property 
 of the defendant. 
 Shares or in- §3211. Whcu the proccss of attachment shall issue against a 
 forporationf party wlio sliall liavc or own any interests or an amount of sliares 
 in any corporation in this State, the same may be attached in the 
 following manner : the officer in whose hands the attachment is 
 placed, shall endorse an entry thereon (»f his levy on tlie corpo- 
 rate shares or interest of the defendant, and shall forthwith serve 
 How levied a copy of the attachment so endorsed upon the President of the 
 "did" "" corporation, at the office of the company, or by leaving the same 
 at the usual or most notorious place of doing the business of such 
 company, which entry and service shall amount to, and be con- 
 sidered a seizure of said corporate interest or shares, to all in- 
 tents and purposes, and under an execution issued on such at- 
 tachment, may be sold as in other cases of ordinary execution. 
 Transfer af- § 3212. Any transfer by the defendant of the stock or interest, 
 vold!^'^''' so attached after the levy of such attachment, shall be void, and 
 when an execution is issued, the said stock or interest shall be 
 sold b}^ the Sheriff, or his deputy, according to the provisions of 
 this Code, to make bank and other stocks subject to executions. 
 Officer sell- §3213. Certificates of purchase shall be granted by the officer 
 
 ing must -i-i. •! J • /. • 1 
 
 giveacer- Selling, as prescribed in cases oi executions, and on presentation 
 
 of such certificates to the proper officer of said corporation, it shall 
 
 '''^^"■- be his duty to make such transfer on his books, if necessary, and 
 
PT. 3.— TIT. 2.— CHAP. 2.— Actions. 597 
 
 Article 2.— In what Manner and on what Property Executed, &c. 
 
 afibrd the purchaser such evidence of title to the stock pur- KTideoce en- 
 chased as is usual and necessary with other stockholders. 
 
 §3214. In all cases of sale of lands, where the vendor has notvecJorm»y 
 executed a deed of conveyance to tlie purchaser for the same, but purchase 
 has given bond for titles, or other evidence of tlie contract, and 
 the purchase money has not been paid, and tlie vendee shall be- 
 come liable to attacliment agreeable to the provisions of section 
 3188 of this Code, attachment may issue against him at the in- 
 stance of the vendor, upon complying with the provisions of this 
 Code in relation to attachments, which said attachment shall be ^^^ ,^^.^^ 
 levied upon the land described in the bond, or other evidence of 
 contract for titles, and the subsequent proceedings shall be, in all 
 respects, as heretofore prescribed in this Code in relation to at- 
 tachments, which said attachments shall be levied upon the land 
 described in the bond or other evidence of contract for titles, and 
 the siibsequent proceedings sliall be, in all respects, as heretofore 
 prescribed in this Code in relation to attachments, and it shall be 
 lawful for the party bound by such bond or other contract for 
 titles, to tile in the Clerk's othce of the Superior Court of the 
 
 1 1 1 1 • • 1 1 1 jT • 11 ,, need must 
 
 county where tlie land is situated, a good and sutncient deed otbefiiod. 
 conveyance of said land to the obligee of said bond or other con- 
 tract for titles, and when judgment is obtained upon such attach- jj^ ^c 
 meJit, the execution issuing thereon may be levied upon said-''"'^'"''"'- 
 land, and the same be sold, and the money arising from said sale 
 shall be appropriated to the payment of said judgment on the at- 
 tachment to the exclusion of any other attachment, judgment or 
 other debt of the defendant. 
 
 ARTICLE III. 
 
 rROCKKDIJfOS ON liARNLSHMKNTS. 
 
 SHcrmx. ISection. 
 
 3215. ]{o\v issued, diroctwi, fsorvod, Ac. ;)218. Answering niid admitting olTocts. 
 
 .•5210. Garnislioo residing ont of county. | ."5219. Plaintifl' may traverse tho answer. 
 
 .'!217. Garnishee failing to answer. I 3220. Issne — how tried, Ac. 
 
 §3215. In all cases where attachment may issue, it shall be'^*"""'! 
 
 •J ' ' inant — now 
 
 the duty of the Magistrate, or other officer issuing the same, at obuai**. 
 the request of the plaintiff, his agent or attorney at law, to issue 
 summons of garnishment, directed to any person that may be in- 
 debted to, or have property or effects of the defendant in their 
 
698 PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 3. — Proceedings on Garnishments. 
 
 Garnishee hatids, requiring them to appear at the court to which tlie attach- 
 
 reqnired to . , i i i 
 
 iinswer. mcnt IS madc returnable, then and there to depose on oatli Avhat 
 
 they were indebted to tlie defendant at the time of the service of 
 
 said garnishment, or what property «tr effects of his they have in 
 
 their hands, or had at the time of tlie service of said summons of 
 
 jj„^g^,.,. J, J garnishment, and it shall be the duty of the ofticer levying such 
 
 attachment to serve such summons of garnishment. 
 whenjtar- §321f>. Wlicu tlic plaintiff, his agent or attorney at law, shall 
 "idcsoutof desire to garnishee persons not residing in the county in which 
 tlie .onnty, ^j^^ attachment issues, it shall be the duty of the Magistrate issu- 
 ing the same, at the request of tlie ]»hiintiff, his agent or attorney 
 at law, to make out a copy of tlic affidavit, bond and attachment, 
 and certify the same to be a true copy, and upon the delivery of 
 such copy to any Magistrate, <^>r other officer who is autliorized 
 by law to issue an attachment in the county of which the 
 person sought to be garnisheed resides, it nhall be the duty of 
 such Magistrate, or other officer, to make t>ut a summons of gar- 
 nishment for such persons as he may be requested to do by the 
 plaintiff, his agent or attorney at law. requii'ing such persons to 
 be an appear at the next Superi<»r or Inferior Court, or Justice's 
 Court of the county in which it issued, and depose in the manner 
 prescribed by law ; but if the next court, as aforesaid, shall be 
 held within less than ten days next after the issuing of said sum- 
 mons of garnishment, then tlie j)crson garnished shall be required 
 to appear and depose at the next court thereafter, which said 
 summons may be served by any officer authi>rized to levy an at- 
 tachment bv law, who shall return such certified ctipv. affidavit, 
 
 By whom to ^ ■> 1^7 
 
 b,. sorr. d bond and attachment, to the court as aforesaid, together with his 
 
 andretarned ^ ' ^ ' j-' 
 
 actings and doinors entered thereon, 
 ifth* (rar- § 3217. Wlicu any person summoned as garnishee fails to ap- 
 M'Bw*r!"&c** pear in obedience to the summons, and answer at the first term 
 of the court at which lie is required to appear, the case shall 
 ©nfurther ^^^^^l coutiuued uutil the next term of the court, and if he should 
 failure. A«. f\^[\ ^q appear and answer by said next term, the plaintiff may on 
 motion, have judgment against him for the amount of the judg- 
 ment he may have obtained against the defendant in attachment, 
 Court may or for SO much thereof as shall remain unpaid at the time the 
 garnieh- judgment IS rendered against the garnishee, and the court ma}' 
 continue the case until final judgment is rendered against tlie de- 
 fendant in attachment. 
 
 
PT. 3.— TIT. 2.— CHAP. 2.— Actions. 5td 
 
 Article 3 — Proceedings on Gamishflients. 
 
 f 
 
 83218. When the garnishee appears and answers that he is if the gar 
 
 A? • t • 1 1 1 nishee ad- 
 
 indebted to, or has property or eiiects in his hands belonging to mits effect*, 
 the defendant in attachment, judgment shall be rendered against 
 him in favor of the plaintiflf for such acknowledged indebtedness, 
 and the property and effects whatever they may be, shall be de- 
 livered into the hands of the Sheriff or Constable as the case may property re- 
 be, and by order of the court shall l)e l>y him sold, and the money *"''°^'*'- 
 arising from such sale, shall be held subject to the order of the 
 court and in case the garnishee fails to deliver over such proper- 
 ty or effects to the officer as aforesaid, it shall l)e lawful for the 
 court to attach him as for contempt ; the property and effects soFaiHagto 
 surrendered and delivered into the hands of tlie officer as property. 
 aforesaid, shall be sold at such time and place, and after such no- 
 tice given, as the court ordering the same shall direct. 
 
 § 3219. When the summons of garnishment is returnable to piaintiff 
 the Superior or Inferior Court, and the plaintiff in attachment ist?uverso the 
 not content with the answer of the garnishee, he may at the term £?:irnishee. 
 of the court to which tlie return is made, traverse the same, and 
 the issue formed upon such traverse shall be tried at the same issue— how 
 term by a petit jury, unless cause is shown for a continuance, and''"^''^' 
 either party being disatistied with the iinding of the said jury, 
 may appeal as in cases at common law, and the same shall be fv'mly^p- 
 tried and governed by the same rules and regulations as in other '"''*'• 
 appeal cases. On the trial of said issue, it shall be competent for 
 the plaintiff to show the amount of indebtedness of the crarnishee P'^'ntp' 
 
 ■•■ ~ may show 
 
 and the value of the property and effects not surrendered as afore- ^"'^^^'P*^' 
 
 i i "^ ncss of gar- 
 
 said, and upon final judgment being rendered against said (rar- "■^^''®- 
 
 nishee the plaintiff in attacliment shall have execution for the ^''*^'^"'''"'- 
 
 amount of such judgment and cost as at common law. 
 
 §3220. When the summons of garnishment is returnable to a if the issue 
 
 Justices' Court, the issue formed upon the tr.a verse as aforesaid, ticc°/com-t. 
 
 shall be tried by a jury in the same manner as appeal cases in a 
 
 Justices' Court. 
 
600 FT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 4. — Of Pleading and Defences. 
 
 ARTICLE TV. 
 
 OF PLP]ADmG AND DEFENCES. 
 
 Sectiok. I Section. 
 
 3221. Declaration to be filed at lirst term, j 3227. Death of pl'fl^:— parties how made. 
 
 3222. Plaintiff p:ive defendant notice &c. 
 
 3223. Defendant defend .at any time, &c. 
 
 3224. May plead set-off not due. 
 
 3225. May traverse truth of plff'a affidavit. 
 
 3226. Traverse shall not delay judgment. 
 
 3228. Death of def't — parties how mad*. 
 
 3229. Pleadings amendable, (fee. 
 
 3230. Judgment may be set aside. 
 
 3231. Intorrogatorios may he sued out. 
 
 Declaration § 3221, When the attachment has been returned to the proper 
 !^*"^n^*^ court, the subsequent proceedings shall be in all respects the same 
 as in cases where there is personal service, and when the attach- 
 ment is returnable to the Superior or Interior Court, the plaintift' 
 shall file his declaration at the first term. 
 Tcndayf." §3222. The plaintiff, liis agcut or attomcj at law, may gire 
 fOTdTnt * notice in writing to the defendant of the pendency of such attach- 
 ment and of the proceedings thereon, which shall be served per- 
 sonally on the defendant by the Sheriff, his deputy or a Consta- 
 , ble of the county to which said attachment is returnable, by giv- 
 shall bind jj^o- ]^[iy^ ^ copy of Said uoticc, at least ten davs before final iudg- 
 
 all property © i ./ ' .^ j o 
 
 of dofcn- ment on said attachment, and returninor said oricjinal notice with 
 his service entered thereon to the court in which said attachment 
 is pending, which being done, the judgment rendered upon such 
 
 Nodcciava- attachment shall have the same force and effect as iudgments 
 
 tion shall be ^ . . 
 
 «gmisscd. rendered at common law ; and no declaration shall be dismissed be- 
 cause the attachmeut may have been dismissed or discontinued, but 
 the plaintiff shall be entitled to judgment on the declaration filed, 
 as in other cases at common law, upon the merits of the case. 
 Defendant §3223. Tlic defendant may appear by liiinself or attoriiey at 
 S^deTncl l^W) ^^d make his defence at any time before final judgment is 
 Either party I'Gudered against him, and either party being dissatisfied with the 
 may appeal, yerdjct that may be rendered in the case may enter an appeal. 
 Defendant § 3224. Any defendant against whom an attachment may issue 
 ™U)ffu(u* for the recovery of a demand which is not due, under the provi- 
 sions of Section 3197, Article I, may avail himself in his defence 
 of any set-oft' pleadable by the laws of this State, notwithstanding 
 such set-off may not be due at the time of sueing out such attach- 
 ment, or at the trial thereof, and if said set-oft', so pleaded, shall 
 Bxeeution to exceed the plaintift's demand, the defendant shall havejudg- 
 
 b* staved. i 1 
 
 ment against the plaintift" for such excess as at common law, 
 
PT. 3.— TIT. 2.— CHAP. 2.— Actions. 001 
 
 Article 4. — Of Pleading and Defences. 
 
 with a, stay of execution until the time the said set-ofFso pleaded 
 shall become due. 
 
 §3325. In all cases of attachment the defendant may traverse May traTere* 
 the truth of the affidavit in relation to the ground upon which '"fain^frw- 
 the attachment issued, at the return term of the attachment, and *^''' 
 if said attachment is returnable to the Superior or Inferior Court, 
 the issue formed upon such traverse shall l)e tried by a jury atlrr^r'""' 
 the same term, unless good cause is shown for a continuance ; and 
 either partv bcinir dissatisfied with tlie verdict of the iurv may,,, , 
 
 A • ~ ^ .1 .: J hither partf 
 
 enter an appeal, and if the final verdict upon such issue, shall be """-^ *•'?''•' 
 
 in favor of the defendant, said attachment shall be dismissed at 
 
 the cost of the plaintiff. And if the attachment is returnable to ju"tU"''' 
 
 a Justices' Court, the issue formed upon the traverse aforesaid t^>^'~''*''^ 
 
 shall be tried by a jury in the same manner as ai)peal cases in 
 
 a Justices' Court. 
 
 § 32:3(). Xo traverse of the plaintiffs attachment, affidavit or ^^ tv^y<^^^^ 
 other proceedings of the attachment, shall delay judgment on the piajiuff.'' 
 declaration, where personal service has been perfected, but judg- 
 ment may be had thereon, subject to the rules of the common law, m" jTe^had 
 as well before the trial of the issue made on the attachment pro- niirauon'^' 
 ceedings as afterwards. 
 
 §3227. In case either plaintiff or defendant shall die before if ^ithor par- 
 final judgment is rendered in any case, and there is representa- '^'"*'' 
 tion upon the estate of the defendant, parties shall be made in the 
 same manner as in cases where there is personal service. But if 
 there is no known representation upon the estate of the defendant, 
 within this State and the plaintiff shall die, his executor, or ad- 
 ministrator may at any time after his <pialification as such, cause 
 to be issued by the Clerk of the Court or Justice of the Peace, aouthe.i(>«th 
 
 • _L» • , 1 1 . ,1 ,. , ... of plaintiff. 
 
 SGhrejac/as^ returnable to the next term of the court after issu- 
 ing the same, giving notice to the opposite party of his intention, 
 to be made a party in place of his deceased testator or intestate, 
 which shall be posted up at the door of the court-house where 
 such attachment is pending, at least twenty days before the term 
 at which such scire facias is made returnable ; and upon affidavit 
 being made by the executor or administrator of this beng done, ' 
 and said affidavit being filed among the papers in the case, said 
 executor or administrator shall, on motion, be made a party and 
 the same proceed in his name. 
 
 §3228. When the defendant shall die scire facias shall issue onth« death 
 • ,in the manner aforesaid after tlie expiratiOTi of twelve months 
 
 Parties— 
 honr ina<l«. 
 
602 PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 4. — Of Pleading and Defences. 
 
 from the death of the defendant, directed to tlie representative 
 of the deceased defendant, notifying him of the pendency of such 
 attachment, and of the intention of the plaintiff to proceed with 
 the same, which being posted as aforesaid, and affidavit made and 
 filed as aforesaid, it shall be lawful for the plaintiff to proceed in 
 the same manner as though the death of the defendant had not 
 Parties-how occurrcd, but the executor or administrator upon the estate, may, 
 at any time before final judgment upon the attachment, come in 
 and be made a party and defend in the same manner as his testa- 
 tor or intestate might have done. 
 Attwh- § 3229. The plaintiff in attachment shall have the right to 
 
 returns amcud liis attachment or bond or declaration as in other cases at 
 
 thereuu 
 
 jirafn.iubie. common law, and the levying officer shall have the right to amend 
 
 his return by supplying an}^ omissions or errors, and the court 
 
 before which the attachment shall be returned shall have power 
 
 to order said amendments. 
 
 .Tndgment § 3230. A judgment in attachment may be set aside in a court 
 
 TsX^for' ^^ ^^"^^ upon an issue suggesting fraud or want of consideration^ 
 
 fraud. tendered by a judgment creditor of the defendant in attachment. 
 
 interrogato- § 2231. lu cascs of attachment and garnishment, interrogato- 
 
 sueVoutT ries may be sued out and served as provided in other cases. 
 
 ARTICLE V. 
 
 REPLEVY AND DISPOSITIOX OF PROPERTY ATTACHED. 
 
 Section. Sectiok. 
 
 32:52. Defendant may replev}^ property-. ^ 3234. Perishable property not replevied. 
 3233. Foreign corporation mny replevy. 
 
 k'viedonto § 3232. When an attachment has been levied upon theproper- 
 
 t!)*(iefemiant *J ^^ ^ defendant, it shall be the duty of the officer levying the 
 
 ing'b^n^i^ same, to deliver the property so levied upon to the defendant, 
 
 upon his giving bond with good security, payable to the plaintiff 
 
 in attachment, obligating themselves to pay the plaintiff the 
 
 amount of the judgment and costs that he may recover in said 
 
 case ; in case the property levied upon shall be equal to, or exceed 
 
 the amount of the debt sworn to be due, in doul)le the value of 
 
 the propert}' levied upon; when the ])roperty shall not exceed 
 
 Uikiujrsuch the amount of the debt claimed to be due. then in double the 
 
 boiuiBliall 
 
 return the amouut of tlic de1)t swom to be due, and the officer taking said 
 
 same. ' "-^ 
 
 bond shall return the same with said attachment to the court to 
 
PT. 3.— TIT. 2.— CHAP. 2.— Aotions. 603 
 
 Article 5. — Replevy and Disposition of Property Attached. 
 
 which the same is made returnable, and it shall be lawful for the 
 plaintift" to take judgment against the defendant and his securities jndgment 
 upon said bond for the amount of the judgment he may recover Mhen »iiow- 
 in his said attachment case, in the same manner that by this Code 
 judgment may be entered up m case of securities upon appeals/ 
 
 § 3233. When an attachment shall be levied on the property of jf"^*?/.^!^- 
 an incorporation not incorporated by the laws of this State, itP"'"''^''"''*'- 
 shall be lawful for any agent of such incorporation to relieve the 
 property levied on, or discharge the summons of garnishment 
 that may issue, by giving bond to the levying officer, payable to 
 the plaintiff, conditioned to pay the amount that may be recov- 
 ered in said case ; which bond, the levying officer shall return to 
 the court to which the attachment is made returnable, and judg- 
 ment may be entered up in like manner against the principal on b^d— 
 and security upon said bond for the amount the plaintiff may re- ^}^*° '"''^' 
 cover against such corporation. 
 
 §3234. When the defendant fails to replevy the property, and Perishable 
 the same remains in the hands of the levying officer, and is of amrykewid. 
 perishable nature, or liable to deteriorate in value from keeping, 
 or there is expense attending the keeping of the same, (the same 
 not being land or negroes,) upon these facts ]:)eing made plainly 
 to appear to a Judge of the Superior Court, or two Justices of the 
 Inferior Court of the county in which the attachment is returna- 
 ble, where the same is returnable to the Superior or Inferior Court, 
 or to a Justice of the Peace of the county, where the same is re- 
 turnable to a Justices' Court, it shall be their duty to order a sale 
 of the property, which shall be at the usual place of holding 
 Sheriff's sales of the county where such property may be when 
 the attachment is returnable to the Superior or Inferior Court, 
 and when the attachment is returnable to a Justices' Court at the 
 usual place of Constable's sales of the district where the property 
 may be, or at such other place as the Magistrate ordering said 
 sale may direct; tlie time and place of holding such sale, shall saie to i.e 
 
 ii'i I ji t "^1 iT.-i advertised. 
 
 he advertised at the court-house, and at two other public places 
 in the county where the same is to take place, at least ten days 
 before the day of sale. And when the attachment is returnable 
 to a Justices' Court, it shall be advertised at the court-house door 
 of the district in which the attachment is returnable, and the 
 money arising from such sale sliall be lield by the ofHcer making Money heui 
 the same, subject to the order of the court to which tlie attach- ordir^f" 
 ment is returnable. 
 
i^ 
 
 PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 6. — Of Claims and proceedings therein. 
 
 AETICLE VI. 
 
 OF CLAIMS AND PROCEEDINGS THEREIN. 
 
 Section. 
 3235. How interposed and returned. 
 .3236. Shall be tried as other claims. 
 3237. Claimant, his agent or attorney, &c. 
 
 Section. 
 
 3238. Suit on forthcoming bond by officer. 
 
 3239. Plaintiff ?)s. claimant for damages. 
 
 3240. When claim may ho interposed. 
 
 Claims — 
 how inter- 
 
 01»imant 
 mn«t make 
 oath and 
 ^ve. bond. 
 
 Agent or at 
 tomey may 
 give bond. 
 
 Keturns 
 whers m.adc, 
 
 How trie « 
 
 § 3235. When property shall be levied on bj virtue of an at- 
 tachment, and the same is claimed by any person not a l)arty to 
 snch attachment, it shall be the duty of the person claiming the 
 same, his agent or attorney at law, to make oath before some per- 
 son authorized by law to administer an oath, that the property 
 levied on is the property of the claimant, and is not subject to 
 such attachment according to the best of his knowledge and be- 
 lief, and said claimant shall give bond with good security, payable 
 to the plaintiff in attachment, in a sum at least equal to double 
 the value of the property claimed, to be judged of by the levying 
 officer, conditioned to pay the plaintiff all damages which the 
 jmy on the trial of the right of property may assess against him ; 
 in case it should be made to appear that such claim was made 
 for the purpose of delay, and in case the claim i.s interposed by 
 the agent or attorney at law of the claimant, such agent or at- 
 torney at law shall have power to sign the name of the claimant 
 to the bond, and such claimant shall be bound in the same man- 
 ner as thougli he had signed it himself. It shall be the duty of 
 such officer taking such affidavit and bond to return the same to 
 the court to which the attachment is returnable, unless the prop- 
 erty levied on should be real estate, in which case it shall be his 
 duty to return the same to the Superior Court of the county 
 where the land lies ; and if the attachment is returnable to a Jus- 
 tices' Court and levied upon slaves, the said affidavit and bond 
 shall be returned to the next Superior Court of the county in 
 whicli the attachment was issued. 
 
 § 3236. If the claim is returned to tlie Superior or Inferior 
 Court it shall be tried in the same manner, and subject to the 
 same rules and regulations as are prescribed by law for the trial 
 of claims in those courts where the property is levied on by vir- 
 tue of ordinary executions, and where the claim is returned to a 
 Justices' Court it shall be tried in the same manner, and subject 
 to the same rules and regulations as are by law prescribed for the 
 trial of appeal cases in Justices' Courts. 
 
FT. 3.— TIT. 2.— CHAP. 2.— Actions. 605 
 
 Article 6. — Of Claims and proceedings therein. 
 
 §3237. Tlie claimant, his agent or attorney at law, may give The ciahn- 
 bond, with <2:ood security, payable to the levying; officer, in a sum or attorney, 
 equal to double the value of the property claimed, the value to be 
 judged of by the levying officer, conditioned to deliver such prop- 
 erty at the time and place of sale, provided the same should be found 
 subject to the attachment, and upon the delivery of such bond to 
 the levying officer it shall be his duty to deliver such property to 
 the claimant, his agent or attorney at law, and it shall be the 
 duty of the levying officer to return such bond, together with the 
 affidavit and claim bond, to the court to wliich such attachment 
 is returnable; and when said claim is interposed by the agent or 
 attorney at law of the claimant, such agent, or attorney at law, 
 shall have power to sign the name of the claimant to the bond, 
 who shall be bound thereby, in the same manner as though he 
 had signed it himself. 
 
 8 3238. Upon the failure of the claimant to deliver such prop- <^" faiime o 
 
 T T • ••11111 n^ claimant to 
 
 erty, according to the conditions or said bond, the levying officer (i^'i^^-. &<■• 
 may immediately sue the claimant and security upon the bond, 
 and recover the full value of the property claimed, and also all 
 damages, costs, and charges, that the plaintiti' may have sustain- 
 ed in consequence of the failure of the claimant to deliver said 
 property. 
 
 ^ 3239. In cases where the claimant shall deliver the property, Msy be su^.i 
 
 " IT 1 r,. . 1 11 1 . "^T lor hire or 
 
 and u]>on selliiu'" the same a sufficient amount shall not be raised uso «f prop- 
 
 ^ ertv. 
 
 to pay the del)t and costs of the plaintiff, it shall be lawful for 
 the plaintiff to institute suit against the claimant and his securi- 
 ties upon his said bond, and to recover the full value of the hire 
 or use of the property while the same has been in the possession 
 of the claimant, and also full damages for any deterioration of 
 the value of the property, by use or otherwise, while the same 
 has been in the possession of the claimant, provided such recove- 
 ry shall not exceed the amount of the debt that may remain due 
 from the defendant in attachment, to the plaintiff. 
 
 § 3240. In cases of attachment, a claim may be interposed ei- cui^ may 
 
 1 1 ,» /> • 1 '"•■ ifiterpos- 
 
 tlier bciore or alter judgment. ed. 
 
606 PT. 3.— TIT. 2.— CHAP. 2.— Actions. 
 
 Article 7. — Of Lien of Attachments, Judgments and Executions. 
 
 AETICLE YII. 
 
 OF LIEN OF ATTACHMENTS, JUDGMENTS, AND EXECUTION. 
 
 Section'. 
 
 3241. Defendant's property bound— when 
 
 3242. Binds property levied upon only. 
 
 Section. 
 
 3243. Money raised — how appropriated. 
 
 3244. Lion of attachments, &c. 
 
 whenjudg- « 3241. Wheii the defendant has jriven bond and securitv, as 
 
 ment binds o c? ^ , 
 
 ^ro^ertr* provided in Sec. 3232 of this Code, or when he has appeared and 
 made defence, by himself or attorney at law, or when he has been 
 cited to appear, as provided in Sec. 3222, of tliis Code, the jndg- 
 ment rendered against him in such case shall bind all his proper- 
 ty, and shall have the same force and effect as when there has 
 been personal service, and execution shall issue accordingly, but 
 it shall be first levied upon the property attached ; in all other 
 
 bhfd'prorKT- cases the judgment on the attachment shall only bind the prop- 
 
 *•' '*^'*'' ""■ erty attached, and the judgment shall ])e entered only against 
 such property. 
 
 Executions 8 3242. After the iudgment has been obtained in any case of 
 
 must issue ti o i/ 
 
 on all judg- attachment, execution shall issue, as in cases at common law, 
 
 iiipnts. ' ' ' 
 
 which execution shall be levied in the same manner as executions 
 issuing at common law, and tlie proceedings, in all respects, shall 
 be the same, except that when the judgment onl v binds the prop- 
 erty levied on by the attachment, as aforesaid, the execution 
 shall be issued against such property only, and that property only 
 shall be levied on and sold. 
 Money rais- § 3243. All mouey ruiscil by the sale of defendant's property, 
 plied. or otherwise, by virtue of the provisions of this Code, in relation 
 to attachments, shall be paid over to the creditors of the defen- 
 dant, according to the priority of the lien of their judgments, 
 saving only that as between attaching creditors, the attachment 
 first levied shafl be first satisfied, to the entire exclusion of any 
 attachment of younger levy, 
 t^'chmen'tl- § 3244. The lien of attachment is created by the levy and not 
 how created. ^}j^g judgment ou the attachment, and in case of a conflict be- 
 tween attachments, the first levied shall be first satisfied, but in 
 a contest between attachments and ordinary judgments, or suits, 
 it is the judgment, and not the lev}', which fixes the lien. 
 
PT. 3.— TIT. 2.— CHAP. 3.— AcrioNa. JL* 607 
 
 Article 1. — (.^neral ProTisions. 
 
 CHAPTER III. 
 
 PETITION AND PP.OCESS. 
 
 A-RTicLE 1. General provisions. 
 Article 2. Particular cases. 
 
 ARTICLE I. 
 
 TtENeral provisions. 
 
 Section. I Section-. 
 
 3245. Suits — how commenced. i 325'!. Entry of Sherifl' may be traversed. 
 
 3246. Time filing to be endorsed on WTit.' 3254. Defendants residing out of county. 
 
 3247. Process to bo attached if not waived! 3255. If no Sheriff or Clerk be elected. 
 
 3248. Appearance and pleading, Ac. 
 
 3249. If the Judge bo dead or disabled. 
 
 3250. Process and service may be M-aived 
 
 3251. Must be filed 20 days before court, j 3259. No special pleadings allowed. 
 
 3252. Must be served fifteen days. 
 
 3256. If process be delivered too late. 
 
 3257. If the Sheriff is a party. 
 
 3258. Formal defects do not vitiate. 
 
 § 3245. Ordinary suits in the Superior and Inl'erioi" Courts shall suits— how 
 be by petition to the court, signed by tlie plain tin or his counsel, 
 plainly, fully, and distinctly setting forth liis charge or demand, 
 and no want of form shall be cause of delay, if this article is 
 substantially complied with. 
 
 §3246. Upon such petition the Clerk shall endorse the date ofTim.-of ai- 
 its tiling in office, which shall be considered the time of the com- dorscd. 
 mencement of the suit. 
 
 § 3247. To such petition the Clerk shall annex a process (unless Process to u 
 the same is waived) signed by the Clerk or his deputy, and bearing ^"swaiv""' 
 test in the name of a Judge of the court, and directed to the 
 Sheriff, or his deputy, requiring the appearance of the defendant 
 at the return term of the court. 
 
 §3248. Appearance and pleading shall be a waiver of all ir- Ap,,eaiai.cc 
 regularities of the process, or of the absence of process, and the culls defccw 
 service thereof. 
 
 § 3240. If the Judge in whose name the process bears test is jf the Judge 
 dead, or otherwise disqualified at the time, the process shall be ^" ''''"'^' ^'^' 
 good, and amended on motion. 
 
 §3250. The defendant may acknowledge service and waive riocess and 
 process, provided the same be in writing, signed by the defeu- bo'^wafvl^d'.'^ 
 dant, or some one authorized by him. 
 
608 - % FT. 3.— TIT. 2.— CHAP. 3.— Actions. 
 
 Article 1. — General Provisions. 
 
 Mnstbeflied §3251. The Original petition shall be deposited in the Clerk's 
 befwe'^the^ officc, at least twenty days before the term to which it is returna- 
 Mwi^ " ble ; and if delivered within the twenty days the Clerk shall make 
 
 the same returnable to the next term thereafter. 
 Original ana §3252. The Clerk sliall deliver the original petition, with pro-' 
 rt«iiver° d^to cess annexed, together with a cop.y of the petition and process for 
 the shenft. ^^^|^ defendant, to the Sheriff, or his deputy, who shall serve such 
 copy upon each defendant residing in tlie county, at least fifteen 
 days before the first day of the term, and witliin five days from the 
 time of receiving the same, and make an entry of such service 
 upon the original petition, and return the same to the Clerk. 
 Leaving a copy at the defendant's residence shall be a sufiicient 
 service. 
 Entry of the §3253. The cutry of the Sheriff, or liis deputy, may l)e tra- 
 te*trfv'"rBcd versed by the defendant at the first term after notice of such en- 
 try is had by him, and before pleading to the merits ; but this 
 shall not deprive the defendant of his right of action against the 
 Sheriff for a false return, 
 whende- §3254. If auy of the defendants reside out of the county, the 
 *tdc mit*('f " Clerk shall issue a second original and copy for such other county 
 poun y. ^^ counties, and forward the same to the Sheriff, who shall serve 
 the copy and return tlie second original, with his entry thereon, to 
 the Clerk of the court from which the same issued. 
 If no Sheriff §3255. If any county shall refuse or neglect to elect a Sheriff 
 V\Jtttl\^ ^^ ^*^ Clerk for sixty days after a vacancy shall have occurred, suitors 
 may apply to any Clerk or Sherilf of an adjoining county, and 
 have the requisite duty performed by them, and their acts shall 
 be as valid as if they were officers of such delinquent county, 
 uprowsebo §3256. If tlic proccss is delivered to the Sheriff, or his deputy, 
 tlo uTt'r' too late for service within the time specified, he shall return the 
 same with an entry, stating the truth of the case, and if the de- 
 fendant cannot be found, and does not reside within the county, 
 the Sherift" shall make return of the fact in the same manner. 
 if»h«sb.r- §3257. If the Sherift' is a j^arty to the cause, the process shall 
 iffis^apar- ^0 directed to the Coroucr of tlic couuty, and to the Sherifls of 
 the adjoining counties, and may be served by either as conveni- 
 ence may suggest. 
 Petition or § 3258. Xo tcchuical or formal objections shall invalidate any 
 Sfwtedby' petition or process ; but if the same substantially conforms to the 
 j^onl'^" requisitions of this Code, and the defendant has had notice of the 
 pendency of the cause, all other objections shall be disregarded ; 
 
PT. 3.— TIT. 2.— CHAP. 3.— Actions. 609 
 
 Article 1. — General Provisions. 
 
 Provided^ there is a legal cause of action set forth as required 
 by this Code. 
 
 § 3259. Xo special pleadings shall be admitted at law in the special 
 Superior or Inferior Courts, and every case shall go to the jury noTadmtte* 
 and be tried upon the petition, process and answer alone, and no 
 non-suit shall be awarded when the cause of action is substan- no non-suit 
 tially set forth in the declaration for any formal variance between allowed. 
 
 the allegations and tlie proof. 
 
 AliTICLE II. 
 
 PARTICULAR CASES. 
 
 Section 1. Against joint and joint and several contractor. 
 
 Section 2. In ejectment. 
 
 Section 3. Against corporations. 
 
 Section 4. Against trustees. 
 
 Section 5. Against executors, administrators and guardians. 
 
 Section G. Particular forms. 
 
 SECTION I. 
 
 AGAINST JOINT AND JOINT AND SEVERAL CONTRACTORS. 
 
 Section. 
 
 3260. Joint contractors, &c. 
 
 3261. AVhen a note is signed by two, &c. 
 
 3262. Against co-partners. 
 
 3263. "When two or more are sued, kc. 
 
 Section. 
 
 3264. Partnership property, &c. 
 
 3265. If several are sued, &c. 
 
 3266. A maker and endorser, &c. 
 326'7. Suit on plaintifl^'s bond. 
 
 § 3260. In all cases where a person desires to institute a suit joint con- 
 upon any bond, note, or other written obligation, subscribed by bT'sue'rin^ 
 several persons who reside in different counties, such person shall "^ere^ither 
 have his option to institute his suit in either of said counties, ^'^^^^^' 
 and the process shall be issued, served and returned as provided 
 in this Code, and on such return the plaintiff may proceed as in 
 other cases. 
 
 § 3261. Where any person shall be in possession, (in liis own Kepre&enta- 
 right, or in any other capacity,) of any note, bill, bond or other celsef obu- 
 obligation in writing, signed by two or more persons, and one orfued!&c. ^* 
 more of the persons, whose names are so signed as aforesaid, 
 shall die before the payment of the money, or the compliance 
 39 
 
610 PT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 
 
 Section 1. — Against Joint and Joint and Several Contractors. 
 
 with the conditions of said bond, or obligation in writing, the 
 person holding such bill, bond, note, or other obligation in wri- 
 ting, shall not be compelled to sue the survivors alone, but may 
 at liis discretion sue the survivor, or survivors, or the represen- 
 tatives of such deceased person, or persons, or survivor, or survi- 
 vors, in the same action with the representative, or representa- 
 tives of such deceased person, or persons ; provided nothing here- 
 in contained shall authorize the bringing of an action of any 
 months ai- kiud, whatcvcr, against the representative, or representatives of 
 any estate, or estates, until twelve months after the probate of 
 the will, or the granting of letters of adminstration on such es- 
 tate, or estates. 
 Includes CO- § 3202. The preceding section shall be so construed as to em- 
 partnera. ^^^^^ dcbts agaiust co-partucrs, as well as against joint, or joint 
 
 and several contractors, 
 spvcrni joint § 3203. Whcu two or more joint contractors, or joint and sev- 
 Bucd^^in The eral contractors, or co-partners are sued in the same action, and 
 ^anic action, g^^.^.j^g ^]^^]i jjg perfected on one or more of said contractors or 
 co-i)artners, and the officer serving the writ shall return tliat the 
 rest are not to be found, it sliall and may be lawful for the plain- 
 tiff to proceed to judgment and execution against the defendants 
 who are served with process in the same manner as if they were 
 of one, par- the oulv or solc defendants, and if either of the defendants die 
 made. pending such action, his representative may be made a party, and 
 the case proceed to judgment and execution as in other cases 
 against the representatives of deceased persons. 
 Judgments § 3264. Judgments so obtained shall bind, and execution may 
 m"sidp"Tro- be levied on the joint or co-partnership property, and also the 
 perty,&c jj^^j^yij^i^^r^j property, real and personal, of the defendant or de- 
 fendants who have been served with a copy of the process, but 
 shall not bind or be levied on the individual property of the de- 
 fendant or defendants who are not served with a process. 
 If several § 3265. Ill all cascs against joint obligors or promisors, any 
 the piTa'ofone or more of the parties may plead infancy; if such plea be 
 infancy, &c. g^^g^^jj-^g^j^ i\^q actiou shall not abate, but the court shall award 
 judgment as in cases of non-suit, in favor of the party or par- 
 ties so pleading, and permit the plaintiff to proceed against the 
 other defendant or defendants to said suit, without further delay 
 or costs. 
 
 § 3266. In case a maker and endorser of a promissory note re- 
 side in different counties, the same may ])e sued in the same 
 
PT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 611 
 
 Section 1 — Aorainst Joint and .Joint and Several Contractors. 
 
 county where the maker resides, and a copy of the petition and when the 
 
 *' . , . , , . maker and 
 
 process served on the endorser residino- out ot the county in endorser of 
 
 J^ ' . . . . a promissory 
 
 which the suit may be commenced, as provided in case of joint note reside 
 obligors and promisors shall be deemed sufhcient service. counties, &c. 
 
 § 3267. When a person who has been a defendant in attach- Smein" 
 ment desires to sue the plaintiff for damages, and the plaintiff p°°inttff. 
 shall not reside in this State, it shall be sufficient to serve a copy 
 of the petition and process on the security to the bond given by 
 the plaintiff, and said action may proceed against both principal 
 and security. 
 
 SECTION II. 
 
 IN EJECTMENT. 
 
 Section. 
 
 32G8. Ejectment for land, &c. 
 3269. Mesne profits count for. 
 
 Section. 
 
 3274. Defendant in ejectment may, &c. 
 
 3275. Judgment shall be conclusion, &c. 
 
 3270. No separate action for. ' 327G. A previous warrantor may be, &c. 
 
 3271. Ejectmcntby one joint owner alone. 
 
 3272. When several claimants, &c. 
 3271]. True claimant how made, &c. 
 
 3277. The consent rule shall be. &c. 
 
 3278. Recovery on prior possession. 
 
 § 3268. In all cases where any person residing in one county Land divi- 
 whose plantation or land extends over the line into an adjoining fy Hnos';°&a 
 county, and there is no one upon whom service in an action of 
 ejectment can be legally perfected in the county where such 
 land my lie, it shall l^e lawful for the Clerk of the Superior 
 Court of the county wherein such land may lie, to issue process 
 in behalf of the plaintiff against the defendant, which process 
 shall be directed to the Sheriff of the county wherein such land 
 may lie, and such Sheriff shall serve the same, and such service 
 •shall be good and valid. 
 
 § 3269. The plaintiff in ejectment may add a count in his Mem« prof- 
 writ or declaration, and submit evidence to the jury, and recover coVt?! '^' 
 by way of damages all such sums of money, to which he may 
 be entitled by way of mesne profits, together with the premises 
 in dispute. The count for mesne profits may be in the name of 
 the nominal or real plaintiff in the action. 
 
 § 3270. No plaintiff in ejectment shall have and maintain a Mesne prof- 
 separate action in his behalf for the recovery of mesne profits aratc^suu'' 
 which may have accrued to him from the premises in dispute. 
 
612 FT. 3.— TIT. 2.— CHAP. 3.— AKT. 2.— Actions. 
 
 Section 2. — In Ejectment. 
 
 Joint owner §3271. Any joint tenant, tenant in common, or other person 
 
 uiont. having a part interest in lands or tenements, may have and 
 
 maintain an action of ejectment or trespass for the recovery of 
 
 Effect of the siich lands or tenements, or for an injury tliereto, without joining 
 
 judgment ^j^]j }jji^ j^ny Other person as plaintiif ; but the judgment in such 
 
 case shall not affect the rights of those interested in such lands or 
 
 tenements who are not parties to the suit. 
 
 § 3272. When several persons claim several parcels of land un- 
 der distinct titles, and do not sustain to each other the relation of 
 landlord and tenant, a joint action of ejectment cannot be main- 
 tained atrainst them, nor can a joint or several recoverv be had in 
 such action, either for the premises or mesne profits. 
 True claim- §3273. A plaintiff in ejectment may in all cases make the true 
 f"ndTntI"''' claimant defendant by serving a copy e)f the pending action upon 
 him, and the person so notified shall be bound by the judgment. 
 Defendant § 3274. A defendant in ejectment ma}^ at the first term come 
 I^aun.'* in and disclaim any claim of title, or right of possession ; and after 
 
 Whtn seve- 
 ral claimants 
 cannot join. 
 
 such disclaimer is filed, such defendant shall not be liable for any 
 future cost, 
 .indpment— § 3275. A judgment in ejectment shall be conclusive as to the 
 »oncinsive. ^.^|^ betwecu tlic partics thereto, unless the jury find for the plain- 
 tiff', less than the fee. 
 co-defen- §3276. A prcvious warrantor of the title to the land in dispute 
 
 (lant — who , i /» -i • • i- ■ • i i i 
 
 maybe. may 06 a co-deiendant in an action oi ejectment, provided he 
 
 would be answerable in damages in case of eviction. 
 The consent § 3277. Tlic coiiseut rule in ejectment shall always be consid- 
 '"'*■ ered as filed, and admits lease, entry and ouster. The fictitious 
 
 forms in pleading in ejectment, shall be suflicient. 
 piaintifl § '^278. A plaiiitift' in ejectment may recover the premises in 
 
 tmVs^pHor^^'sp^^t^ ^^po^^ ^^* P^'^^^M^oss^s^ alouc, agaiust one who subse- 
 rheT*"""" quently acquires possession of the land by mere entry, and with- 
 out anv lawful right whatever. 
 
 SECTION III. 
 
 AGAINST CORPORATIONS. 
 
 Section. , Section. 
 
 3279. Members of corporations, &c. j 3284. Execution — propert}^ subject. 
 
 3280. Railroad companies — liability of. i 3285. Presiding officer failing to discloge- 
 
 3281. Process vs. corporations. ;'286. President or stockholder defend. 
 
 3282. How served by publication. 3287. Illegality to execution &c. 
 
 3283. Notices to stockholders. ' 3288. Foregoing provisions cumulative. 
 
PT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 613 
 
 Section 3. — Against Corporations. 
 
 § 3279. In all suits asjainst the members of a private association, Members^of 
 joint stock company, or the members of existing or dissolved cor- ^^"pJ!^^?^^^^ 
 porations, to recover a debt due by the association, company, or&<^-i'o^ 
 corporation of which they are or have been members, or for the 
 appropriation of money or funds in tlieir hands to the payment 
 of such debt, the plaintiff or complainant in such suit may insti- 
 tute the same, and proceed to judgment therein against all or any 
 one or more of the members of such association, company or cor- 
 poration or any other person liable, and recover of the member 
 or members sued, the amount of un])aid stock in his hands, or 
 other indebtedness of such member, or members, provided the 
 same does not exceed the amount of the plaintiff's debt against 
 such association, company or corporation, and if it exceed such 
 debt, then so much only as will be sufficient to satisfy such debt. 
 
 §3280. In all cases where the person or property of an indi- u.R.i.ompa- 
 vidual may be injured, or such property destroyed by the care- for the mis- 
 
 , ■ ,. ■ . 1 ' j« " •! J conduct of 
 
 lessness, negligence or improper conduct ol any rauroaa company, officers. 
 or othcer, agent or employee of such company, in or by the run- 
 niiiing of the cars or engines of the same, such company shall be 
 liable to pay damages for the same to any one whose property or 
 person may be so injured or destroyed, notwithstanding any by- 
 laws, rules or regulations, or notice which may be made, passed, 
 or given by such company, limiting its liability. 
 
 Jj 3281. Service of all bills, subpreujis, writs, attachments and service of 
 
 1 . . 1 , ,. process— 
 
 other original process necessary to the commencement oi any ho^y perfoct- 
 suit against any corporation in any court of law or equity, may 
 be perfected by serving any officer or agent of such corporation, 
 or by leaving the same at the place of transacting the usual and 
 ordinary public luisiness of said corporation, if any such place of 
 business then shall bo within the jurisdiction of the court in 
 
 *' , 111 • » Ollicor must 
 
 which said suit mav be commenced. The officer shall specify state how 
 
 ■• _ _ ^ " served. 
 
 the mode of service in his return. 
 
 §3282. In all cases where any corporation shall have no pub- whou ami 
 
 * liow scrvico 
 
 lie place for doino: business, or shall have no individual in office may bo per- 
 
 , . ,. • , ,. -. . 1 . fectedby 
 
 upon whom service or writs or process may be perfected withm publication. 
 the knowledge of any party, complainant either in law or equity, 
 the said complainant may make an affidavit, that the said corpo- 
 ration has no public place of doing business or has no individual 
 in office upon whom service of writs or process may be perfected 
 within the knowledge of said com})lainant and such affidavit 
 beins: filed in the Clerk's office of the court to which the said 
 
614 FT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 
 
 Section 3. — Against Corporations. 
 
 writ may be made returnable, the Clerk of the said court shall 
 issue a citation to the said defendants to be and appear at the 
 said court to answer the complaint, which citation shall be pub- 
 lished once a week for three weeks prior to the court to which 
 the said complaint may be returnable, in some newspaper publish- 
 ed in the county in which suit is brought ; if no paper is publish- 
 lished therein, then in the one nearest thereto; and such adver- 
 tisement shall be deemed and held a service upon such corporation 
 for all purposes, either in law or equity, and any copy of the news- 
 paper containing said publication shall be received in any of the 
 courts as sufficient evidence of such service. 
 Notice to § 3283. Plaintiffs or complainants within one month after the 
 
 stockholders .... . . , 
 
 and effect of. mstitution ot any suit or suits at law or equity, against any cor- 
 poration, joint stock, or manufacturing company, may publish 
 once a week for four successive weeks in some public gazette of 
 this State, notice of the commencement of said suit or suits, and 
 said publication shall operate as notice to each stockholder in 
 said corporation, joint stock or manufacturing company, for the 
 purposes hereinafter mentioned. 
 
 judgmcntor §3284. When notice has been given as provided in the i»rece- 
 
 decrec. . . , ^ 
 
 ding sections, and a judgment or decree has been obtained 
 against any corporation, joint stock or manufacturing company 
 where the individual or private property of the stockholders is 
 bound for the whole or any part of the debts of said incorpora- 
 how'issuod"*^^^^' Jo"^t stock or manufacturing company, execution shall first 
 ^°^.p^^p<'''^y be issued against the goods and chattels, lands and tenements of 
 thoroto. ^r^[^ corporation, joint stock or manufacturing company, and upon 
 the return thereof by the proper officer, with the entry thereon of 
 "no ])roperty to be found,"' then and in that case the clerk, or other 
 officer, upon an application of the plaintiff, his agent or attorney 
 accompanied with a certificate as liereinafter directed to be 
 obtained, forthwith shall issue an execution against each of the 
 stockholders (if required) for their rateable part of the said debt, 
 and cost of suit, in proportion to their respective shares or other 
 liabilities under their charter of incorporation. 
 President or § 3285. It sliall bc the duty of the President or presiding offi- 
 flcer'boJfnd ccr of sucli incorporation, joint stock or manufacturing company, 
 namJs!&(x by wliatcvcr name he may be designated, upon application of the 
 plaintiff, his agent or attorney, forthwith to give a certificate, un- 
 der oath, of the stockholders in said company, and the number of 
 shares owned by each at the time of the rendition of judgment 
 
PT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 615 
 
 Section 3. — Against Corporations. 
 
 against said company ; and if upon application by the plaintiff, n^ayTssue 
 his agent or attorney, the President, or officer aforesaid, shall re- pfe'sMlnt.^ 
 fuse to give a certificate aforesaid, or shall abscond or conceal 
 himself to avoid giving the same, the plaintiff", liis agent or attor- 
 ney, may make oath of such refusal, and the clerk, or other offi- 
 cer, shall issue an execution against such President or jjresiding 
 officer, as aforesaid, for tlie amount of principal, interest and cost 
 ot said suit. 
 
 § 3286. If the President or other officers of said corporation. The Presi- 
 
 • . 1 , . 1 11 ■ •! /• 1 dent may de- 
 
 jomt stock or manutactunng company, shall tail or reiuse to de- fend suit 
 fend said suit or suits brought as aforesaid, any one of the stock- 
 holders of the said company shall be permitted to plead to, and 
 defend the same in as lull and ample manner as said company in 
 its corporate capacity could or might do. 
 
 §3287. In a judgment against a corporation, joint stock or megaiity of 
 manufacturing company, under the provisions of this Code, the *'^''*^'^"*'°" 
 defendant or defendants, in execution, shall be entitled to an il- 
 legality under the same rules, regulations and restrictions as de- 
 fendants are in other cases. 
 
 §3288. The proceeding sections in relation to proceedings cumulative 
 against corporations, joint stock and manufacturing companies, 
 shall be understood and construed as cumulative of the common 
 law. 
 
 SECTION lY. 
 
 AGAINST TRUSTEES. 
 
 Section'. 1 Section. 
 
 3289. Claim vs. trust estates. I 3292. Sued in Justices' Court — when. 
 
 3290. Sued in Superior Court — when. I 3293. Tlietrus Restate bound by judgment. 
 
 3291. Party defendant. | 3294. Execution must specify property. 
 
 §3289. Any person having a claim against any trust estate for claims 
 services rendered to said estate, or for articles, or property, or tfust estat«, 
 money furnished for tlie use of said estate, or where a court of 
 equity would render said estate liable for the payment of said 
 claims, may collect and enforce the payment of such claim in a 
 court of law. 
 
 § 3190. The person having sucli claim as provided in the pre- How and 
 
 ,. •,• ,T ' 11 ,. ,. . 11, where 8ued 
 
 vious section, it tJie same exceeds the sum ol hlty dollars, may ac. 
 file his petition, setting forth the grounds of such claim, and also 
 how, and in wliat manner said estate is liable for tlie payment of 
 
616 PT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 
 
 Section 4. — Against Trustees. 
 
 said claims, and also setting forth the name or names of the trus- 
 tees and the cestui que trusty which petition shall be filed in the 
 office of the Clerk of the Superior Court under the same rules 
 and regulations as in ordinary cases at common law, and the sub- 
 sequent proceedings shall be, in all respects, the same. 
 Party dcfen- §3291. If thore is uo trustee, or he is a mere naked trustee 
 ^ and non-resident in the county, the cestui que trust shall be made 
 
 the defendant, and the proceedings shall l)e, in all respects, the 
 same as when the trustee is defendant, 
 uow and § 3292. When the claim does not exceed the sum of fifty dol- 
 &c. ' lars, suit may be brought in a Justices' Court under the same 
 
 rules and regulations as in ordinary suits in those courts, saving 
 onl}^, that the summons shall set forth how, and in what M^ay said 
 trust estate is liable for the payment of said claim ; and the judg- 
 ments rendered in a Justices' Court shall have the same force 
 and eft'ect as is hereinbefore prescribed in i-elation to judgments 
 rendered in the Superior Court. 
 Trust estate §3293. The judgment thus rendered shall impose no ])er8onal 
 •niy bonnd. ]ij^]jj]jfy qi^ i\^q trustec, or in any way render his property liable for 
 the payment of the same ; but said judgment sliall only bind such 
 trust estate, and execution shall issue accordingly. 
 Execution § 3294. All exccutious issued upon judgments rendered under 
 ^pert^v.*^^^^ the provisions of the five preceding sections shall specify in the 
 body of the execution the projierty upon which the same is to 
 be levied, and it shall be levied on no other property. 
 
 SECTION V. 
 
 AGAINST EXECUTORS, ADMIXISTRATOHS AND GUARDIANS. 
 
 Sectiox. ! Section". 
 
 3295. Execution returned nulla bona, &c. j 3298. One or more sureties may he sued. 
 
 3296. Executor, &c., failing to settle. 3299. Property of princi'l to be exhausted. 
 
 3297. Guardian failing to settle. i 3300. Service perfected on execution, &c. 
 
 Execution § 3295. Upou the rendition of a judgment in favor of a party 
 mtuaboiia. against an executor or administrator upon any liability of the de- 
 ceased, and a return of nulla hojia by the Sherifi" or other officer 
 authorized to make the same, the said party may at once proceed 
 to sue upon the bond of the executor or administrator, and may 
 recover judgment against the principal and his sureties in the 
 same action, and if the principal has removed beyond the limits 
 
FT. 3.— TIT. 2.— CHAP. 3.— AKT. 2.— Actions. 617 
 
 Section 5. — Against Executors, Administrators and Guardians. 
 
 of this State, or has departed this life, or has no lejjal representa- 
 tive, then he may sue the sureties on his bond. 
 
 §3296. When any executor or administrator shall fail to set- principal 
 
 1 . i" T •! 1 i i' ii i i. 1 failingto set- 
 
 tle an account with an}' distributee or legatee oi the estate he tie witu lega- 
 
 represents, such distributee or legatee may institute his suit upon 
 the bond of such representative in the first instance, and may re- 
 cover judgment against the ])rincipal and liis sureties without a 
 suit against the executor or administrator in his representative 
 character. 
 
 § 3297. AVhen any guardian shall fail or refuse to settle an ac- ^^ ^^rd may 
 count with his ward upon his coming of age, such ward may in-diM. ^^*'' 
 stitute his suit in the first instance against his guardian and sure- 
 ties without first sueing his guardian. 
 
 §3298. When any executor, administrator or guardian shall one or more 
 remove from this State, or shall place himself in such situation be sued in 
 as by the provisions of this Code an attachment would lie against sunce. 
 a debtor, or if such executor, administrator or guardian is dead, 
 and his estate unrepresented, it shall, and may be lawful, for any 
 party in interest, or any person liaving demands against such ex- 
 ecutor, administrator or guardian in siu!h representative charac- 
 ter, to institute his suit against the sureties, or any one or more 
 of them, upon the bond of such executor, administrator or guar- 
 dian in the first instance without first obtaining a judgment 
 against such executor, administrator or guardian in his represen- 
 tative character. 
 
 §3299. When judgment shall be obtained against principals Property of 
 and sureties, as provided in the four preceding sections, the prop- lirsrtTbo 
 erty of the sureties shall not be levied upon until that of the 
 principal shall be exhausted, which may be evidenced by a return 
 of nulla ho)ia. 
 
 §3300. In all cases where there are two or more executors or uow service 
 administrators, and one or more of such executors or administra-l^ctedon^i- 
 trators shall remove without the limits of this State, service of &c. ' 
 any writ or process upon those remaining in the State shall be as 
 effectual and complete for all purposes whatever, as though ser- 
 Fice had been made upon all such executors or administrators. 
 
618 
 
 FT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 
 
 Section 6. — Particular Forms. 
 
 SECTIOI^ YI. 
 
 PARTICULAR FORMS. 
 
 Section. 
 
 3301. Form for the recovery of real estate. 
 
 3302. For recovery of personal property. 
 
 3303. For recovery on a note, &c. 
 
 3304. For recovery on open account. 
 
 3305. Form of an action on a judgment. 
 
 3306. For breach oi warranty. 
 
 Sectiok. 
 
 3307. For words. 
 
 3308. All suits for slander, &c. 
 
 I 3309. May accompany the words, &c. 
 ! 3310. Forms apply against executors, Ac. 
 i 3311. Actions heretofore commenced. 
 : 3312. Abstract of title. 
 
 Form for the 
 recovery of 
 real estate. 
 
 For tho re- 
 covery of 
 personal 
 property. 
 
 Fur the re- 
 covery of 
 money on 
 note, ie.. 
 
 § 3301. The form of a declaration for tlie recovery of real es- 
 tate and mesne profits may be as follows, to wit : 
 
 be x\\ \ ^^ '^^^ Superior Court of said county : 
 
 The petition of A. B. showeth that C. D., of said county, is in 
 possession of a certain tract of land in said county, (here des- 
 cribe the land) to which your petitioner claims title; that the 
 said C. D. has received the profits of said land since the 
 day of 18 1 of the yearly value of dollars, and re- 
 
 fuses to deliver said land to your petitioner, or to pay him the 
 profits thereof, wherefore your petitioner prays process may issue 
 requiring the said C. D. to be and appear at the next Superior 
 Court to be held in and for said county, to answer your petition- 
 ers complaint. 
 
 § 3302. The form of a declaration for the recovery of personal 
 property may be as follows, to wit : 
 
 'A , ^ ^ To the Court of said county. 
 
 The petition of A. B. showeth that C. D. of said county is in 
 possession of a certain (here describe the property) of the value 
 of dollars, to which your petitioner claims title ; that the 
 
 said C. D. refuses to deliver said to your petitioner, or to 
 
 pay him the profits thereof; wherefore your petitioner prays pro- 
 cess may issue requiring the said C. D. to be and appear at the 
 next Court to answer your petitioners complaint. 
 
 In suits brought under this form the verdict and judgments 
 may be the same as in actions of trover. 
 
 § 3303, The form of an action to recover money on a note, bill, 
 bond, receipt, or written promise of any description, by adding a 
 copy of which, with the endorser's name, (if any) and the credits 
 thereon ; and when the action is on a bond, the breach from which 
 
PT. 3.— TIT. 2.— CHAP. 3.— ART. 2.— Actions. 619 
 
 Section 6. — Particular Forms. 
 
 arises the right of action shall be set out plainly, may be as fol- 
 lows, to wit: 
 
 Georgia \ rp^ ^|^^ ^^^^^.^ ^f ^^j^ countv. 
 
 County, j " 
 
 The petition of A. B. showeth that C. D. of said county is in- 
 debted to him in the sum of dollars, besides interest, on a 
 , dated , and due , whicli said C. D. refuses to 
 pay ; wherefore your petitioner prays process may issue, requir- 
 ing the said C. D. to be and appear at the next Court for 
 said county, to answer your petitioner's (•oin])]aint. 
 
 § 3304. The form of an action on an account maybe as follows, Forrecov«ry 
 
 _ of money on 
 
 to wit I open accojin 
 
 *'^ r t ^ I "^"^ ^^^^ Court of said county. 
 
 The petition of A. B. showeth that C. D. of said county is in- 
 debted to your petitioner dollars, on an account, as will 
 fully appear by reference to a bill of particulars hereto annexed, 
 which account the said C. D. refuses to pay ; wherefore your pe- 
 titioner prays process may issue requiring the said C. D. to be 
 and appear at the next Court to answer your petitioner's 
 complaint. 
 
 §3305. The form of an action to recover money on a judg-c>°a judg- 
 ment may be as follows, to wit : 
 
 ^^ (^ ^ , [ To the Court of said county. 
 
 The petition of A. B, showeth that C. D., of said county, is 
 indebted to your petitioner the sum of dollars, besides in- 
 
 terest, on a judgment obtained by your petitioner against the 
 said C. D. at a (name the court) held on the day of 
 
 18 , in the (county, district, or town) of , in the State of 
 
 , as will fully appear by reference to an exemplification of 
 the proceedings in said case; that the said judgment is unsatis- 
 fied, and that the said C D. neglects to pay the same; wherefore 
 your petitioner prays process may issue requiring the said C. D. 
 to be and appear at the next Court to be held for the coun- 
 
 ty of , then and there to answer the plaintiff's complaint. 
 
 § 3306, Tlie form of an action for a breach of warranty in a Breach of 
 
 " •/ warranty. 
 
 deed may be as follows, to Avit : 
 
 Georgia, 1 rr xi r> *. e • - ^ 
 
 Countv I Court ot saia county. 
 
 The petition of A, B. showeth that C. D. of said county is in- 
 
 •il 
 
620 PT. 3.— TIT. 2.— CHAP. 3.— AKT. 2.— Actions. 
 
 Section 6. — Particular Forms. 
 
 debted to him in the sum of dollars for this, that on the 
 
 of 18 7 the said C. I), executed to your petitioner a 
 
 warrantee deed to a certain tract of land (here describe the land) 
 for the sum of dollars, paid by your petitioner to the said 
 
 C. D. ; that your petitioner has been evicted from said lot of 
 land, and that the said C. D. refuses to indemnify your petitioner 
 for his damages in that behalf; wherefore your petitioner prays 
 process may issue requiring the said C. D. to be and appear at 
 the next Court for said county, to answer your petitioner's 
 
 complaint. 
 Form of au 8 3307. Tlic form of an action for words may be as follows, to 
 
 action for , ./ 7 
 
 words. wit ! 
 
 Count I "^^ ^^^^ honorable Court of said county. 
 
 The petition of A. B. showeth that C. D., of said county, has 
 injured and damaged your petitioner in the sum of dollars 
 
 by falsely and maliciously saying of and concerning your peti- 
 tioner, on the day of , 18 , the following false and 
 malicious words, to wit : ; wherefore your petioner prays 
 process may assue requiring the said C. I), to be and appear at 
 the next Court to be lield in and for said county, then and 
 there to answer your petitioner's complaint, 
 s^&'^for '"" ^ 3308. All suits for slander may be prosecuted under the last 
 slander. preceding form of action, and the writ or complaint shall be 
 deemed and held sufficiently teclmical and full, if it follows such 
 form without material variation ; everything else material for the 
 maintenance of the action may be supplied by proof. 
 ^y'u^e'"" § 3309. When the last preceding form of action is adopted the 
 words, Arc plaintiff may accompany the words set forth by such explanatory 
 
 inuendoes as will serve to state the cause of action distinctly. 
 Apply to ex- §3310. The forms of action hereinbefore prescribed may be 
 used in cases for or against executors, administrators, and other 
 trustees, 
 h^tofore §3311. In all actions which have been heretofore, or may be 
 «ommenccd. hereafter commenced in the forms prescribed by this Code, the 
 evidence admissible, and the form of the verdict shall be the 
 same as though said actions had been commenced and j)rosecuted 
 under the forms existing and in use by the common law. 
 Abstract of § 3312. To tlic declaration prescribed by this Code for the re- 
 covery of land and mesne profits, the plaintiff shall annex an 
 abstract of the title, relied on for such recoverv. 
 
PT. 3.— TIT. 2.— Actions. 621 
 
 Chapter 4. — Of the Venue. 
 
 CHAPTER IV. 
 
 OF thp: venue. 
 
 Section. I Section. 
 8.313. Civil cases at law — where tried. 3317. Aj^ainst railroad companies. , 
 
 3314. Land suits — where tried. | 3318. Against non-residents. 
 
 3315. Suits against co-obligors, &c. 3319. jSciVe /aao5 against bail. 
 
 3316. Against makers and endorsers. ! 
 
 §3313. All civil cases in law, (except as bereinat'ter provided,) avu cases 
 shall be tried in the county wherein the defendant resides. ''*''"''■ 
 
 § 3314. All suits respecting the title to lands shall be tried in suits respec- 
 the Superior Court of the county wherein the land lies. knl""""*" 
 
 § 3315. Joint, or joint and several obligors or promissors, or joint con- 
 joint contractors or co-partners, residing in different counties, p?rfn"s, &C. 
 may be sued as such in the same action in either county in 
 which one or more of the defendants reside. 
 
 §3816. When a maker and endorser of a promissory note re- Maker aua 
 side in different counties, they may all be sued in the same ac- '°'''"■"'•• 
 tiou in the county where the maker resides. 
 
 §3317. All railroad companies shall be liable to be sued in Railroad 
 any county in which the cause of action originated by any one "'''"'""''''• 
 whose person or property has been injured by such railroad 
 company, their officers, agent or employees, in or by the running 
 of the cars or engines, for the purpose of recovering damages 
 for such injury. And also on all contracts to be performed in 
 the county where suit is brought. 
 
 § 3318. A citizen of another State, passing through this State, ciuzeMs of 
 may be sued in any county thereof in which he may happen toS."""" 
 be at the time when sued. 
 
 § 3319. Scire facias against bail must issue from, and be re- scire jae.ia,s 
 turnable to the court in which the original judgment was ob- ''' '"^'' 
 tained. 
 
622 
 
 PT. 3.— TIT. 2.— CHAP. 5.— Actions. 
 
 Article 1. — Bail at the commencement of an Action. 
 
 CHAPTEK Y. 
 
 BAIL IN CIVIL CASES. 
 
 Akticle 1. Bail at the commencement of an action. 
 Article 2. Bail pendente lite. 
 Article 3. Proceedings against bail. 
 
 Article 4. Bail in trover, 
 
 ARTICLE I. 
 
 BAIL AT THE C0MM]"]]S:CEMP:NT OF AN ACTION. 
 
 Sbotiok. 
 
 3320. Bail affidavit. 
 
 3321. Before whom made. 
 
 3322. Bail for debts not due. 
 
 3323. Canse of action. 
 
 3324. Surety may require bail. 
 
 3325. Bail in suits ex delicto. 
 
 3326. Order therefor. 
 
 . 3327. Contents of affidavit. 
 
 3328. E.xecution of bail process. 
 
 Section'. 
 
 3329. When Sheriff is special bail. 
 
 3330. Defendant faiUng to give bail. 
 
 3331. Bail against itinerants. 
 
 3332. Security for jail fees. 
 
 3333. Jail fees payable ^veekl3^ 
 
 3334. Notice to plamtilV. 
 
 3335. New bail — when taken. 
 
 3336. Service of process on Sabbath. 
 
 3337. Widow.s, kc, e.xempt from arrest. 
 
 Affiilavit to 
 obtain bail- 
 
 § 3320. In all cases where bail is reqnirable, and is reqnired 
 by the plaintiff, excejit as hereinafter provided, such plaintiff, 
 his agent or attorney, shall make affidavit of the amount claimed 
 by him, and that he has reason to apprehend the loss of said 
 sum, or some part thereof, by reason of the fraud of the defen- 
 dant, or his non-residence, if the defendant is not held to bail, 
 which affidavit shall be tiled in the Clerk's office, and copies 
 thereof affixed to the original petition and process, and to the 
 to must btgQpy tliereof, and the amount sworn to shall be endorsed on the 
 
 ^naorsott on 1 .- ' 
 
 petition. g^^j^^ petition and process. 
 
 Affid.ivitbe- §3321. An affidavit to obtain bail may be made before any 
 Judge of the Superior, or Justice of the Inferior Court, Justice 
 of the Peace, Clerk of the Superior or Inferior Court, Ordinary 
 or Kotary Public of this State, or before any commissioner duly 
 appointed for this State, resident in any other State or Territory 
 of the Confederate States, or before any Judge or Justice of a 
 Superior Court of any one of the Confederate States, and shall 
 have annexed thereto the seal of the State from which it shall 
 have come, and a certificate of the Governor of such State cer- 
 
 feum sworn 
 
 fore whom 
 jnade. 
 
PT. 3.— TIT. 2.— CHAP. 5.— Actions. 623 
 
 Article 1. — Bail at the commencement of an Action. 
 
 tifjing that the person taking such affidavit is one of the Jndges 
 or Justices of a Superior Court of that State. 
 
 § 3322. When the debt is not due, and the creditor, his agent when the 
 or attorney, shall make affidavit of the amount of the debt to',im\'*"" 
 become due, and that the debtor is about to remove, or is mov- 
 ing without the limits of this State, and that he has reason to 
 apprehend the loss of said debt, or some part thereof, if the 
 debtor is not held to bail, the creditor may commence an action 
 or suit at law, and hold such debtor to bail under the same reg- 
 ulations as are prescribed in the preceding sections, and the bail .lu.icmont 
 so taken shall in like manner be liable to the creditor, but iudor-rciniorcdnn- 
 
 ' •' ^ til tho debt 
 
 ment shall not be rendered in any such case, until after the debt '»'"""« 'i"« 
 shall become due. 
 
 § 3323. It shall not be necessary in an affidavit to obtain bail (.^,„j,o cf ac- 
 to set forth or describe the cause of action, or character of the*^'""' 
 debt. 
 
 § 3324, AVhen a security or endorser shall make an affidavit si.cuntr 
 that he is security or endorser upon any promissory note, single "nlu ■"'''"""" 
 bill, due bill or bond, and that he apprehends that the payment 
 of said debt, or some part thereof, M'ill devolve upon himself if 
 the principal is not held to bail, and presents said affidavit to 
 the ovrner of said note, single bill, due bill or bond, his agent or 
 attorney, it shall be the duty of such owner to commence suit 
 forthwith, and such affidavit shall take the place of the one now 
 recpiired of the plaintiff, upon which bail process shall issue, andcM*i<Torsor('iis- 
 all other proceedings shall be the same as are now authorized in piaTnuff fail 
 other cases of bail, and if the owner of such note, single bill, baii" " 
 due bill or bond, fail to sue as hereinbefore prescribed, such secu- 
 rity or endorser shall no longer be held liable for the same. 
 
 § 3325. In all cases sounding in damages in which bail may r.aii in .ic- 
 be required, the Judge of the Superior Court may, on an affida-/!v"f. ^'^ '^^ 
 vit as hereinbefore prescribed, grant an order requiring bail of 
 the defendant in such amount as he may think proper, 
 
 § 3326. Any Justice of the Inferior Court may grant an order onior for 
 to hold to bail in all cases ex delicto for the recovery of damages, tu'o \l \\il' 
 whether the case shall be made returnable either to the Superior ("oun!" 
 or Inferior Court of the county in which such Justice may reside, 
 and said order, when so granted, shall have the same force and 
 effect as if granted by u Judge of the Superior Court. 
 
 §3327. In bail cases sounding in damages the sum sworn to 
 need not be endorsed upon the back of the writ, nor is it necessary 
 
624 
 
 PT. 3.— TIT. 2.— CHAP. 5.— Actions. 
 
 Article 1. — ^Bail at the commencement of an Action. 
 
 What the 
 .'iflSdavit 
 
 How execu 
 ted and re- 
 turned. 
 
 Officer fail- 
 ing to take 
 bail, &c. 
 
 that the affiant sliould swear to any particular sum as damages, 
 inusteontain but must State the facts as to tlie nature and extent of the injury 
 which he has sustained; but it is no objection that the sum for 
 which the Sheriff is directed to take bail differs from that claimed 
 in the declaration. 
 
 § 3328. When any bail process shall issue out of any of the 
 said courts, whereby bail shall be required of any person to an- 
 swer any action, in any of said courts, the Sheriff or other arres- 
 ting officer shall take a bond, payable to the plaintiff with one or 
 more sufficient securities, for double the sum sworn to, and shall 
 return such bond with the petition and process to the court to 
 which it is made returnable. 
 
 § 3329. In case the Sheriff or other officer shall fail to take 
 bail as required by the preceding section, or the bail taken shall 
 be deemed insufficient by the court, on exceptions taken thereto, 
 and an entry made thereof at the first term to which the said pe- 
 tition and process shall be returned, such Sheriff or other officer, 
 and his securities in either case, shall be deemed and stand as spe- 
 cial bail, and the plaintiff may proceed to judgment according to 
 the provisions hereinafter mentioned. 
 
 § 3330. In all cases where any defendant of whom bail shall 
 be required shall fail to give good and sufficient bail, it shall be 
 the duty of the Slieriff or other officer making the arrest, to com- 
 mit such defendant to the c<Hnmon jail of the county, or if there 
 shall be no jail in the county, or the same shall l)e insufficient, the 
 said Sheriff, or other arresting officer, shall convey such defend- 
 ant to the jail of any adjoining county, and deliver such defen- 
 dant to the keeper of said jail, but such person so arrested and 
 M-wbeex.m- committed to jail shall be allowed all the benefits of appearance 
 ^/"dfohiing and defence, as if he were personally present ; and shall not be 
 county. (;iig(.iiarged out of custody but by putting in bail, or by order of 
 court. 
 
 § 3331. When a bail process is placed in the hands of a Sher- 
 iff' or his deputy, and the person against whom such process may 
 be, is moving!: about from one county to another, the said Slieriff 
 or deputy may follow the said person into any county in this 
 State, and serve such process. 
 
 S 3332. In all cases where a defendant shall be arrested by 
 
 Non-resi- c •/ 
 
 ^°*^p'l'i°*^^ virtue of any civil process, at the suit of any person residing out 
 
 security. ^£ ^.j^g couuty Or State, or where the arresting officer, for the 
 
 want of a sufficient jail in the county shall convey such defen- 
 
 Defcndant 
 failing to 
 give bail. 
 
 Bail against 
 itinerant 
 persons — 
 how served. 
 
FT. 3.— TIT. 2.— CHAP. 5.— Actions. 625 
 
 Article 1. — Bail at the commencement of an Action. 
 
 daiit to the jail of an adjoining county, as provided in the prece- 
 ding section, the keeper of such jail shall receive such defendant 
 into his custody, and him safely keep until he is discharged 
 from thence according to law, or by the direction of the plaintiff; 
 provided that the plaintiff, his agent or attorney shall give bond, 
 with sufficient security, to the keeper of such jail, or deposit the 
 money for the nuiintenance and jail fees of the defendant, to be 
 paid weekly. 
 
 § 3333. If any })erson be imprisoned in the common jail of any Jaii (ec» 
 county in this State on mesne or final process for debt and thewookiy. 
 plaintiff' in suit or execution, his agent or a,ttorney shall fail to 
 pay up at the end of each and every week the jail fees which 
 have accrued, then the Inferior Court may discharge the defen- 
 dant by writ of habeas cwjnis on the application of the jailor. 
 
 §3334. AVhen any debtor after iiiviuc; bail or security on any Dobtomot-, 
 mesne or final process, shall be surrendered by his bail or security, charged for 
 
 , . '' '' ' l.ick ol jail 
 
 and committed by the Sheriff to iail. it shall not be lawful for any fees, without 
 
 'I >> ' >i notice. 
 
 court to discharge such debtor from custody for the non-payment 
 or security of the jail fees, unless the Sheriff or jailor shall have 
 given at least ten days' prior notice in writing, to the plaintiff or 
 his attorney, who shall be allowed that time within which to pay 
 or give security for the jail fees, and thereby prevent such 
 discharge. 
 
 §3335. "Where the bail shall surrender his principal either in New bail in 
 
 101 .rt»rti i.-i certain ca- 
 
 open court or in vacation, to the Slierin of the count}^ m which «^ 
 such principal may reside, and before the principal has been ar- 
 rested by a capias ad satisfaciendum^ it shall be the duty of such 
 Sheriff to take new bail, if the bail ofiered is good for the forth- 
 coming of the principal to be arrested with a capias ad satisfaci- 
 endum in said case, and in default thereof to pay the debt and 
 costs. 
 
 §3336. Bail process may be issued and served on the Sabbath Bail process 
 day and in the same manner, and under the same rules, regula- 'Ton sab"^" 
 tions, and rastrictions as are provided for the issuing and serving 
 the same on other days, provided the person applying for such 
 bail process, shall in addition to the oath heretofore required to 
 be taken, swear that he apprehends the loss of the debt or some 
 part thereof, unless said bail process shall issue on the Sabbath 
 day. 
 
 § 3337. No widow or /e7/it sole shall be arrested, imprisoned 
 
 4U 
 
626 PT. 3.— TIT. 2.— CHAP. 5.— Actions. 
 
 Article 1. — Bail at the commencement of an Action. 
 
 Widows and or in any manner restrained or deprived of her liberty for or on 
 exemptfrom acc'Oiint of anv debt or demand ajjainst her. 
 
 AKTICLE II. 
 
 BAIL PENDENTK LITK. 
 
 Section'. 'Skotion. 
 
 :5338. ]ia\\ pendente h'tf — affidavit. .'{.".41. l)e('eufl;int — how dealt with. 
 
 3339. Process-how issued and executed, i 3342. Liability of bail. 
 
 3340. Slierift"H duty as to process. 3343. No delaj- — .service of process. 
 
 Baii>/^» §3338. In all cases where an action is pending, and no bail 
 
 denuhtt. ^j^g^]] ],j^yQ been reqnired at the commencement ot said action, or 
 having been required, may have been discharged, and the plain- 
 tiif, his agent or attorney shall require bail, such plaintift*, his 
 agent or attorney, shall make affidavit as prescribed in sec. 3320, 
 whieli affidavit shall l)e filed in the Clerk's office of the court in 
 wliich such action is pending, and a copy or copies thereof affix- 
 ed to the process to be issued l)y the Clerk of said court h\ Avhich 
 such suit may be pending, and to the copy or copies of such pro- 
 cess, and the amount sworn to shall be cndoi*sed on such ])rocesf«, 
 and the copy or copies thereof. 
 rro((s>- § 3330. AV^hen an affidavit is made as provided in the preced- 
 andcxicut- jug scctiou, and filed in the Clerk's office of the court in which 
 such suit is pending, the Clerk thereof shall immediately issue a 
 process in the case with as many copies as there are defendants, 
 annexing a copy of such affidavit to said process and copy pro- 
 cess, which process shall be made returnable to the next term of 
 said court after the issuing of the same, and' shall be executed 
 and returned into court by the Sheriff, or other proper officer, 
 and when so executed and returned, shall be taken and consid- 
 ered a part of the record in said case. 
 Sheriffs § 3340. When the said process and copy affidavit, and copy pro- 
 
 cess shall issue as aforesaid, they shall be delivered to the Sheriff, or 
 proper officer, whose duty it shall be to execute the same at any 
 time before the sitting of the court to which the said process may 
 be returnable, under the same directions and provisions as point- 
 ed out in section 3328. 
 ^_ § 3341. Any defendant when arrested by virtue of said process 
 
 dutj-. 
 
 Dcfendant- 
 
 ner as would have been done had such defendant been arrested 
 
 how dealt g]jall be dealt with bv the officer arresting him in the same man- 
 
FT. 3.— TIT. 2.— CHAP. 5.— Actions. 
 
 Article 2. — Bail Pendente Lite. 
 
 mn 
 
 at the commencement of said action on bail process, and may be 
 discliarged in the same manner and not otherwise. 
 
 §3342. All bail taken pendinfr the action shall be held and Liability of 
 bomuL and liable in tlie H.ame manner as he would have been hadw;^^" 
 he become bail at the commencement of the action, and the 
 plaintiff in said action sliall be authorized to proceed in the same 
 manner against tlie defendant and bail, or either of them, as pro- 
 vided in eases of bail at the commencement of the action. 
 
 §3343. A defendant so held to bail pending an action shall Baii p«.n- 
 not, on account thereof, be entitled to anj- delay or continuance, work'smMic 
 but the case shall proceed to trial as thougli bail had been re-'"^ 
 quired and taken at the commencement of the case, and wdien 
 there are more defendants than one in sucli suit, some of whom 
 reside out of the county in wliicli sucli suit is pending, a second 
 original procesi>, and copy or copies may issue, returnable to the 
 
 '-, . ,. •' Scrvii-? of 
 
 court m whicli such suit or action is pendmrr, which when served •''''"'''"^'*°'^* 
 by the bheritt or other proper othcer of the county where such •'"""'^i^'s- 
 defendant or defendants reside, the said defendant or defendants 
 shall be subject and liable to tlie same provisions as they would 
 have been had the bail process issued at the commencement of 
 the action. 
 
 ARTICLE III. 
 
 PROCKEDINGS AGAINST UAIL. 
 
 Section. 
 
 3348. Against wJiom ic uiu}- is.siie. 
 
 3349. "When it maj' be returned. 
 
 3350. Judgment on ficire facias. 
 
 Section'. 
 
 3344. Nature of bail. 
 
 3345. Enforcement of bail's liability. 
 
 3346. Surrender of principal. 
 
 3347. Sc/' re facias — how directed, Ac. 
 
 § 3314. All bail taken according to the provisions of tliis Code 
 
 inii iiiiii*" ., ' "P^^'"'^' ''ail. 
 
 shall be deemed, held and taken as special bail, and as such be 
 liable to the recovery of the plaintiff. 
 
 § 3345. The plaintiff', after final judgment, shall not take out ca v„ 
 execution against the bail until a capias ad miisfaoiendum shall cTi'S and n°: 
 be first issued thereon, and the principal cannot be found, which""'"""''"**" 
 process shall issue without any additional oath by the plaintiff. 
 After its return with an entry of " not to be found," a scire facias scirt/a^-iak 
 may issue against the bail, which shall be served on the bail at '^'"°*' '"^• 
 least twenty days before the return thereof. If the bail resides 
 
628 FT. 3.— TIT. 2.— CHAP. 5.— Actions. 
 
 Article 3. — Proceedings against bail. 
 
 out of tlie connty or State, scire facias may be served by publi' 
 cation as prescribed in cases of scire facias to make parties. 
 Boil may 8 3346. The bail may surrender his principal at any time be- 
 
 Burrender „ r. i • i • /» -ii • i 
 
 toe principal fore final judgment on «'^. /«., either m open court or to the 
 Sheriff of the county in which such principal may reside, at any 
 time in vacation, and if surrended in open court, it shall be the 
 duty of the court to order such principal into the custody of the 
 Sheriff, and if surrendered in vacation, it shall be the duty of 
 the Sheriff' to receive sucli principal into his custody,- and in 
 either evbnt to commit liim to jail according to the directions of 
 this Code. 
 Scire facia* § 3347. All writs of scive fudas shall be directed to all and 
 J^cWil'd singular the Sheriffs of the State of Georgia, and copies thereof 
 **'"^"^" issued by the Clerk of the court to which said scire facias is rQ- 
 turnable, and may be served by the Sheriff of the county in 
 whicli tlie party to be notified may reside, and the original re- 
 turned to the oflice of the Clerk. 
 soirefacioM §3348. A scire facitts oi\ ^ihwW bund may issue against the 
 M^. "" bail alone, or against the principal and bail jointly, and if the 
 Sheriff return non est inve7itu.-< as to the principal, the phiintiff 
 may enter up judgment against the bail. 
 When re- §3349. For the purpose of fixing l)ail the ca. sa. against the 
 principal may be returned as soon jis the Sheriff or other oflicer 
 has made due search. 
 Judgment S 3350. In scire facias aiiiainst bail, if no plea shall be filed. 
 
 on scire fa- , ~ -, -, ^^ • ^ -i 
 
 •MM. judgment may be rendered upon motion at tlie return term with- 
 
 out the intervention of a jury ; but if such bail file an issuable 
 plea, he shall be entitled to a trial by a jury. 
 
 AliTICLE IV. 
 
 BAIL IN ACTIONS FOR PERSONALTY. 
 
 Section. jSectiok. 
 
 3351. Bail in trover. ' 3353 Bail pending the suit. kc. 
 
 3352. AtBdavit and proceedintrs. 
 
 Biiii in tro- § 3351. Where any person who is about to commence an action 
 or suit at law, or in equity, for the recovery of negroes or other 
 personal property, shall recpiire bail, such person, his agent or 
 attorney, shall make afiidavit that the property is in the posses- 
 sion, custody or control of the defendant, and that he lias reason 
 
 vcr. 
 
FT. 3.— TIT. 2.— CHAP. 5.— Actions. 
 
 Article 4. — Bail in action for Personalty. 
 
 to apprehend that the said negroes, or other personal property 
 have been or vrill be eloigned or removed away, or will not be 
 forthcoming to answer the judgment, execution or decree that 
 shall be made in the case ; and shall also state in his affidavit the 
 value of the same, and the amount of hire claimed, if any, and 
 add that he does verily and bona fide claim said negroes or other 
 personal property, or some valuable interest therein, 
 
 § 33r)2. When such affidavit is made as prescribed in the i)rc- Affidarit— 
 
 how filed, 
 
 cedino; section, it shall be filed in the Clerk's office of the court and eubso- 
 
 111 qucnt pro- 
 
 to which said petition, bill, or other process may he returnable, wedings. 
 and a copy thereof affixed to the original petition, bill or process, 
 and to the copy or copies thereof, and it shall be the duty of the 
 Sheriff, or other lawful officer serving such petition, bill or other 
 process, to take a recognizance payable to the plaintiff or com- 
 plainant, with good security in double the amount sworn to, for the 
 forthcoming of such negroes or other personal property, to an- 
 swer such judgment, execution or decree as may be rendered or 
 issued in the case, and such security shall be bound for the pay- 
 ment of the eventual condemnation money, and liable to execu- 
 tion in tlie same manner as securities upon appeals. 
 
 § 3353. When such affidavit shall l)o made during the pcnden- Ban ponding 
 cy of such suit or action, a copy thereof, and of the process or 
 subpa'ua, sliall be served in like manner by the Sheriff or other 
 lawful officer, and security taken as required in the preceding 
 section, and upon the defendant failing to give sucli security, 
 whether the affidavit be made at the commencement of the suit 
 
 Pi-oi>orty — 
 
 or pendmg the same, the property shall be seized and taken byhowrcpiey 
 the Sheriff, or other lawful officer, and delivered over to the 
 plaintiff or complainant, his agent or attorney, upon his entering 
 into like recognizance with security, and if such property is not 
 to be found, and cannot be seized and taken by such Sheriff or 
 •other lawful officer, the defendant shall be committed to jail, to 
 be kept in safe and close custody until the said nei^roes or other 
 personal property shall be produced, or until he shall enter into 
 bond with good security for the eveiitual condemnation money in 
 the nature of security upon appeals. 
 
«30 FT. 3.— TIT. 2.— Actions. 
 
 Chapter 6. — Of making Parties ]ientling Action. 
 
 CHAPTEK YI. 
 
 OF MAKINd PARTIKS FKXDINri ACTION. 
 
 Section. Skcxiok. 
 
 3354. Panics inauc on motion. 33G3. How issued and served. 
 
 3355. When defendant dies. ;!;!Gi. Service in different counties. 
 :'.356. When executors, &e., die. aSCf). When non-resident dies. 
 
 3357. How made in claim cases. :y.>,p,(\, WJien female marries. 
 
 3358. Appeal when party dies. , :jaG7. When both parties die. 
 
 3359. Appeal revives action. .j-jGS. On death of usee. 
 :!3G0. When garnishee dies. ■ 3-69. Successor of trustee. 
 
 3361. When e.xecutor, Ac. is removed. x]10. K.>:ecution ;•.<.-. female defendant. 
 
 3362. Contents of scire faa'afi. 
 
 vnriun §80.54. Wlieii u plaintiff or coin]>lain!int ill any cause now or 
 
 miuio on mo- , . tuti !•'• 
 
 tion. liereaiter pending, shall die, the executor or admmistrator of such 
 
 plaintiif or complainant, may l)e made parties on motion to be 
 made in writing, of whicli the defendants or their counsel shall 
 liave notice. 
 
 Party dcfen- § 8355. Ill case tlic defendant shall die pendinij a suit at law or 
 
 dant— how . . , , . ^ . • , . 
 
 and wh. n 111 equity, the plaintiff may sue out a f<cire /iU'iaif immediately 
 after tlie expiration of twelve months from the prohate of the will 
 or granting of letters of adiniuistration, requiring such executor 
 or administrator to appear and answer to the said cause. 
 
 BuccosBor of § 3356. Upon the death of anv executor, administrator or i^uar- 
 
 executor, , . . ' , . , \ , 
 
 &c.maybe Qiau, or upou the revocation ol his letters testamentary, of ad- 
 made portv. ... T 1 ' 1 1 !• 
 
 ministration, or guardianship as the case may be, pending siiit& 
 at law or in equity by or against sucli executor, administrator or 
 guardian as such, and such death or removal being suggested of 
 record, a scire faoias may issue to make the successors of such 
 deceased or removed person a party at any time after his appoint- 
 ment and qualification, instead of the deceased or removed exec- 
 utor, administrator or guardian. 
 Parties— § 3357. lu all cases where a claim shall be interposed toprop- 
 dairn^M^^" 6rty levied upon by virtue of a Jit'/u facias or attachment from 
 any of the courts of this State, in favor of one or more persons, 
 and pending such claim one of the plaintiffs shall die, the case 
 shall proceed in the name of the survivor, and on the death of the 
 last or onh'^ plaintiff, the executor or administrator of such deceased 
 may, on motion, be made a party instanter, and said case shaU 
 proceed without further delay. 
 iSf^party §3358. When either the plaintiff or defendant shall depart 
 fscn^red! '^ f bis life pending a trial, or after a cause has been tried, and be- 
 
PT. 3.— TIT. 2.— Actions. 631 
 
 Chapter 6. — Of Making Parties pending Action. 
 
 fore the expiration of the time within which such party, if living, 
 might enter an appeal, and no appeal shall liave been entered, ;^^^noap- 
 the legal representatives of such party dying may enter an ap-J^^J"'**^"**'" 
 peal within thirty days from the time such executor or admin- 
 istrator shall have been qualified. ^Vnd if such appeal is not en- 
 tered within the time lierein prescrilted, judgment may be enter- 
 ed and execution issued as though the deceased party was in life, 
 without making the representative a party. 
 
 § 3359. AAlien an appeal shall l)e entered as provided in the Appeal ro- 
 preceding section, it shall not be necessary to revive such suit by suit.' 
 scire facias, but it shall be revived by the party appealing giv- 
 ing notice to the adverse party within thirty days from the time 
 of entering such appeal, and when a defendant shall appeal, said 
 cause shall stand for trial on the appeal docket at the first term 
 of the court after the expiration of twelve months from the (piali- 
 fication of such executor or administrator. 
 
 §3300. When any person after being sunnnoned as garnishee Ropiesentji- 
 shall die, either before or after answer, the executor or adminis- .uln^s^i^' 
 trator of such per^^on shall be made a party hy .sel7\> facias in the pni-tii^s.*^ 
 usual way. 
 
 § 3361. In case of the death or removal from otfice of any such Administm- 
 executor or administrator pendinii; such i)roceedini; as prescribed «w, may be 
 m the precedmg sections, any administrator ae bcmis non may 
 be made a party in like manner. 
 
 § 3362. All writs of Hcire facia-K for the purpose of making conunts of 
 parties to any suit at law or in equity pending in the Superior "'"'''•^""**^ 
 Courts or Inferior C/Ourts of this State, shall be issued by the 
 Clerk of said court, in which it shall be suflicient for such Clerk 
 to state the names of the parties, the term of the court to which 
 said cause was made returnable, and the name of the suit or ac- 
 tion, requiring the party to show cause why he should not be 
 made a party to said cause, without setting forth the substance of 
 the bill, or declaration, or the proceedings thereon. 
 
 § 3363. All writs ot'-s'-i/\\fafi((s to make parties shall be issued, scir<'/aeia.<~- 
 directed, and served, and returned as provided in sections 3247 ^ .wi Iforv- 
 and 3252. "'• 
 
 §3364. In cases where there are several parties to be ser\-ed ^^(nVt'p^'* 
 with .fci/'e facias, and any one or more of them reside out of the "nt'clmnties. 
 State or county in which the suit is pending, a service upon those 
 residing in the county where the suit is, and a return that the 
 others are not to })e found, shall be suflicient to authorize the 
 
PT. 3.— TIT. 2.— Actions. 
 
 Chapter 6. — Of Making Parties pending Action. 
 
 making of the representatives of the deceased plaintiff or defen- 
 dant parties, so as to authorize the original suit, in the name of 
 the parties so made, to proceed to trial and judgment, as though 
 all such parties had been served with scire fa<iias. 
 Bepresenu- S 3365. In all cascs where a defendant duly served with process, 
 resident do- or subpa3na lu anv case at law or equity, shall reside out of this 
 how made State, or shall remove therefrom during the pendency of said 
 
 parties. . . 
 
 cause, and the plaintiff or complainant shall die, his legal repre- 
 sentatives shall be made parties on motion and without notice. 
 Husband of 8 3366. W\\Qn 9i feme sole, beincc plaintiff or defendant, shall 
 
 female party ^ "^ . '. . 
 
 may bo join- marry pendinji;; any suit at law, or in equity, the same shall not 
 
 edonthoro- -^^ , • \ \ i • 
 
 eord. abate by reason of such intermarriage, but the same being sug- 
 
 gested of record, such cause shall proceed in the name ofthchuB- 
 band and wife, either as plaintiffs or defendants as the case may 
 be. 
 
 Parties- § 3367. Whcu botli plaintiff and defendant die, before a sci/re 
 
 when both facias issucs to make parties, the action does not abate, but scire 
 faeias may issue on the motion of the representative of either 
 party against the representative of the other, and the cause 
 proceed. 
 
 Reprcscnta- § 3368. Oil tlic dcatli of tlic usee his representatives must be 
 
 may be made partics as hereinbefore provided, before the cause can pro- 
 made par- . , , 
 
 tics. ceed, even in a claim case. 
 
 Successors § 3369. Oil the death of a trustee or receiver pending a suit to 
 
 may bV" wliicli he may be a party as such, the same does not abate, but 
 
 Mes."^'^' his successor may be made a party thereto by .selre facios and 
 
 said cause proceed to judgment. 
 Execution §3370. On the death or marriage of a female defendant after 
 maiedcfcn- final iudguient, when no execution has been issued previous 
 
 ^ants. 111. . . Ill 
 
 to such death or marriage, execution may issue as tliougli such 
 marriage or death had not taken place. 
 
 CHAPTER VII. ^ , 
 
 ABATEMP:NT, retraxit, DISillSSAL AND RENEWAL OF ACTIONS. 
 
 Skction. I Section. 
 
 3371. Suits not abated i.ij death. ' 3376. Suits against ShoriH' sun-ivo. 
 
 3372. Nor removal of executor. ' 3377. Death may be suggested. 
 
 3373. Nor death of one administrator. ' 337S. Retraxit defined. 
 
 3374. Nor of co-defendant. 3379. Diflers from dismissal, &c, 
 
 3375. Nor when some are not Uable. 3380. Suits may be dismisaed. 
 
PT. 3.— TIT. 2.— Actions. 633 
 
 Chapter 7. — Of Abatement, Retraxit, kc. 
 
 §3371. No suit shall abate by the death of either party, where ^''"^t'^- 
 such cause of action will in any case survive to or against the legal ''^■**'- 
 representativ^es of the deceased party, either in the t^ame or any 
 other form of action. 
 
 § 3372. When letters testamentary may be revoked, and an in- *1'^'^^'^^'^^^ 
 testacy for any cause declared, no suit by or against the removed ^^"*^^Rte 
 executor, shall abate, and the newly appointed administrator can 
 \)e made a party plaintift'or defendant in his stead. 
 
 <^ 3373. An action against two joint administrators or executors ivath of otw 
 
 "^ , ■ . . of several 
 
 does not abate bv the death ot one, but iiroceeds a<:;amst the sur- iidminiBtra- 
 
 tors docs not 
 vivor. Hbiito suit. 
 
 § 3374. On the death of a co-defendant in an action of eject- Death of co- 
 
 - , . , ^ jy ^ ' ' dcfend-iBt. 
 
 ment, made such atter the connnencement thereoi, the action 
 may proceed against the surviving defendant M'ithout making the 
 representative of the deceased co-defendant a party. 
 
 § 3375. An action ajrainst several persons does not abate where one of sev- 
 
 '' i^ ^ crnldefon- 
 
 it appears that some of the defendants are not liable, but may dant8notbe- 
 proceed against those who are liable. 
 
 §3370. An action against a Sherift' for an escape out of pro- suits against 
 cess shall not abate on the death of such Sheriff, but shall sur-viveWs 
 
 , . . . Ill • death. 
 
 Yive against his securities and legal representatives. 
 
 §3377. In all cases which have been, or mav be commenced i^/''"^"^?"* 
 
 <J ' •' of RovorftI 
 
 in any of the courts of this State, at law or in ecpiity, against '''*'''''<?^"'*- 
 two or more defendants, one or more of whom have died, or may 
 die pending said case or cases, it shall and may be lawful for the 
 plaintiff or complainants to suggest said death of record, and to 
 proceed in the trial of said case, or cases, against the surviving 
 defendant, to the extent of their respective liabilities. 
 
 § 3378. A retraxit is the open, public, and voluntary renuncia-^^f™^*'- 
 tion by the plaintiff, in open court, of his suit or cause of action ; 
 and if this is done by the plaintiff, and a judgment entered up 
 thereon by the defendant, the plaintiff's right of action is forever 
 gone. 
 
 § 3379. A retraxit differs from a non-suit, dismission, or dis- wacrs from 
 continuance in this: a retraxit is positive and conclusive of the 
 plaintiff's right of action, while a non-suit, dismission, or discon- 
 tinuance, is negative, and the plaintiff may re-commence his suit 
 on the payment of costs. 
 
 §3380. The plaintiff, in any action, in anv court, may dismiss -'^ctionani.iy 
 his action either in vacation or term time, and if done in term «' '^".>' "•"''• 
 time the Clerk or Justice shall enter such dismissal on the docket. 
 
 ^ 
 
634: PT. 3.— TIT. 3.— CHAP. 1.— D 
 
 EFENCES. 
 
 Article 1 . — General Provisions. 
 
 TITLE III. 
 
 OF DKFKXCKS AND PROCFKDIXGS PENDING ACTION. 
 
 CiiAi'TER 1. Of defences, pleas, cVrc. 
 
 CuAPTEK 2. Of amendments. 
 
 Chapter 3. ( )f tlie production of papers. 
 
 CnAi'TEii 4. Of continnaiices. 
 
 CiiAi'TEii it. Of li-arnishments. 
 
 CHAPTER I. 
 
 DKFfiNCK-S. PLKAS, &.c. 
 
 Aktu'I.e 1. General provisions, 
 Aktule 2. Partienlar pleas. 
 
 DefenJiiut'H 
 answer to bi 
 filed at first 
 
 ARTICLE L 
 
 GENERAL FKOVIS10N8. 
 
 Section-. .Sectio.v. 
 :\?>Sl. Answer at first ton H. 3385. Dilatory pleaa must be .sworn tK. 
 
 :',:{82. No part to be stricken out. ' 338G. Judgment by defanlt. 
 
 3383. Bonds, &c., denied only on oath. 1 3387. General issue — special pleas. 
 
 3384. Petition and answer make issues. | 3.388. Patent defects. 
 
 § 3381. In all cases at law where the defendant has been serv- 
 fifldatfiwr^cl with petition and process, as provided by this Code, he shall 
 ^'^^°^- appear at the conrt to which such process is made returnable, and 
 
 on or before the last day of said court, shall make his defence in 
 Avriting, which shall plainly, fully, and distinctly set forth his de- 
 fence, and be signed by the defendant or his attorney, which said 
 answer shall contain as many several matters as such defendant 
 may think necessary for his defence. 
 No part of § 3382. No part of an answer shall be stricken out or rejected 
 BtriTken^nt! ou accout of being contradictory to another part of the same, but 
 the court shall sutler the whole answer to remain, if the defen- 
 dant should desire it, and avail himself of any advantage he can 
 or may have under either or the whole of said answer, and pro- 
 ceed to trial accordingly. 
 
 § 3383. No person shall, in his plea or answer, be permitted to 
 deny any deed, bill, single or penal bond, note, draft, receipt, or- 
 
 ;^ 
 
FT. 3.— TIT. 3.— CHAP. 1.— Defences. , 63tift 
 
 Article 1. — General Provisions. 
 
 der, or other instrument in writino; which is the foundation ot instrnment 
 the action, unless he shall make affidavit of the truth of such nied only <>■ 
 
 ' ^ oath. 
 
 plea or answer at the time of filing the same. 
 
 § 3384. The petition and answer shall he sufficient to carry the Pctitiou una 
 cause to the jury without any replication or other course of pro- mnko the 
 ceeding. 
 
 § 3385. No dilatory answer shall he received or admitted, mi- Diiatory 
 less an affidavit he made to the truth thereof, and must be filed 
 at the first term. 
 
 §3386. When any defendant shall fail to appear and answer B.fauit and 
 
 1 ,. , . . 1 1 1 11 proceedings 
 
 at the return term ot the petition and process, the court shall en- uieroon. 
 ter default upon the docket, which shall he considered a judg- 
 ment by default, without a formal entry thereof, and the plain- 
 tiff's claim, allegation, or demand, shall be tried, in all cases of 
 default, by a jury, but no such trial shall, in any case, be had at 
 the first term, except specially provided for by law. 
 
 §3387. The general issue is a denial of the allegations in the oonemi is- 
 plaintiff's declaration, and shall be considered as filed, in all ca- 
 ses which are answered to at the first term, and no other evidence 
 is admissible under such plea, except such as disproves the plain- 
 tiff's cause of action ; all other matters, in satisfaction or avoid- special picas 
 ance, must be specially pleaded. 
 
 § 3388. All defects which appear on the face of the pleadings, pa^nt de- 
 may be taken advantage of by motion. 
 
636 PT. 3.— TIT. 3.— CHAP. 1.— ART. 2.— Defences. 
 
 Section 1. — To the Jurisdiction. 
 
 ARTICLE II. 
 
 PARTICULAR PLEAS. 
 
 Section 1. To the jurisdiction. 
 
 Section 2. Of set-off. 
 
 Section 3. Of usury. 
 
 Section 4. Of failure of consideration. 
 
 Section 5. Of non est factum. 
 
 Section 6. Of other pleas. 
 
 SECTION I. 
 
 to thk jurisdiction. 
 
 Section. 
 i!389. Juri.sdiction not given by consent. 
 
 3390. When admitted. 
 
 3391. Pleas to the jurisdiction. 
 
 Section. 
 
 3392. Contents of the plea. 
 
 3393. Must be sworn to. 
 
 juriedietion § 3389. Parties, by consent, express or implied, cannot give 
 
 consent" ^jurisdiction to the court as to the person or subject matter of the 
 suit ; it may, however, be waived, so far as the rights of the par- 
 ties are concerned, but not so as to prejudice third person. 
 
 Jurisdiction § 3390. If a defendant appear and plead to tlie merits, without 
 
 i^Tt<i°'" pleading to the jurisdiction, and without excepting thereto, he 
 thereby admits thie jurisdiction of the court. 
 
 pioaetothe §3391. Plcas to tlic jurisdiction must be pleaded in person, 
 and must, when relied on, be pleaded specially, unless a want of 
 jurisdiction appears on the face of the proceedings, in which case 
 it may be taken advantage of on motion. 
 
 Contents of §3392. In all pleas to the jurisdiction of the court, it must 
 ^^ appear that there is another court in this State which has juris- 
 diction of the case. 
 
 Must be §3393. A plea to the jurisdiction, being a dilatory plea, most 
 
 *^'**''- be sworn to. 
 
 fA 
 
PT. 3.— TIT. 3.— CHAP. 1.— ART. 2.— Defencbs. 637 
 
 Section 2.— Of Set-off. 
 
 SECTION II. 
 
 OF SET-OFF. 
 
 Section. iSectiox. 
 3394. Ploas of set-ofl'. 3397. Set-oft' of improvements. 
 
 3396. Set8-off against estates. 3398. Judgment for excess of set-off. 
 
 .^•Sge. Judgments may be set-off. I 3399. Limitations of set-off. 
 
 § 3394. Debts, as a general rule, must be mutual between the set-oa. 
 same parties at the commencement of the action to be set off 
 against each other; every plea of set-off must set out the demand 
 as plainly as if sued on. 
 
 S 3395. When a defendant pleads a set-off of a larger amountPi'^of eot- 
 
 11 r- 1 • 1 1 • 'z^- off against 
 
 than the demand of t^ie testator or mtestatc, the plaintin may «statos. 
 reply by showing that the estate is insolvent, and that there are 
 outstanding debts, of higher dignity than the defendant's set-off, 
 sufficient to exhaust the assets, for the purpose of protecting the 
 executor or administrator from an absolute judgment. 
 
 § 339f). One judgment may be set off against another, on mo- ju<iginent» 
 tion, whether in tlie hands of an original party or an assignee, oa:^ 
 
 § 3397. A trespasser cannot set off improvements in an action when im- 
 brouirht for mesne profits, except when the value of the premises may be set 
 
 11- 111 • • 1 • 1 1 offinejcot- 
 
 has been increased by the repairs or improvements which have mom. 
 been made. In that case, the jury may take into consideration 
 the improvement or repairs, and diminish the profits by that 
 amount, but not below the sum which the premises would have 
 been worth without such improvements or repairs. 
 
 §3398. In all cases of mutual debts and sets-off, where the judgment 
 jury shall find a balance for the defendant, such defendant may setofn***** 
 enter up judgment for the amount, and take out execution in 
 such manner as plaintifts may do by this Code ; provided such 
 defendant shall, at the time of filing his answer, file therewith a 
 true copy or copies of the subject matter of such sets-off; and 
 where the plaintiff shall be indebted to the defendant on open 
 accx)unt for dealings between themselves, and where the defen- .^j^^^ ^^^^^_ 
 dant shall hold and possess in his own right, by assignment, "j^!" "" ****" 
 endorsement, or otherwise, according to law, any bond, note, 
 bill, or other writing for money, or other thing, of the plaintiff's, 
 such defendant may offer the same as set-ofi*, and on due proof 
 shall be allowed the same. 
 
 § 3399. The statute of limitations applies to the subject mat- Limitations 
 ter of sets-off as well as the plaintiff's demand. 
 
 M'. 
 
638 FT. 3.— TIT. 3.— CHAP. 1.— ART. 2.— Defences. 
 
 Section 3. — Usury. 
 
 SECTION III. 
 
 USURY. 
 
 SjjcuOiV. I Section-. 
 
 :!400. Pleas of usury. | ;!401. Plxaminatiou of particH. 
 
 I'lcii of HSU- ^^ 3400. The plea of usury must set forth the sum upon which 
 ^^' it was paid, or to be paid ; the time wlien the contract was made ; 
 
 when payable ; and the amount of usury agreed upon, taken or 
 reserved. 
 Parties may § 3401. Wlicu tlic plea of usury is filed the defendant may 
 e.xamine the plaintiii as a witness on the same terms and in the 
 same manner as is prescribed for the examination of parties as 
 witnesses in other cases ; and if the plaintiff declines to answer, 
 the defendant himself may be examined as a witness. 
 
 SECTION IV. 
 
 FAILURK OF COXSIDKR.VTION. 
 Skctiox .".402. Plea of failure of c-onsidcratioii. 
 
 iMoa of mil- §3402. Whenever an action ,<]iull be commenced at common 
 fcUorluou. la,w, founded upon an}- contract, the defendant in such action 
 may plead and give in evidence to the jury, upon the trial there- 
 of, that the consideration upon which said contract was founded 
 has totally or partially failed ; such plea shall only be pleaded 
 in cases between the original parties to the contract, or their 
 privies or tissignees, whose title has been acquired with notice, 
 actual or constructive, or by operation of law. 
 
 SECTION V. 
 
 XOX EST FA CTUM. 
 Section 340.'!. Plea of non est faduwi. 
 \ 3403. The plea of non est factum is a denial of the execu- 
 
 Flca «r noil •^ -i ' 
 
 e^tfa^miu tiou of the instrument sued upon, and applies to notes and other 
 instruments as well as deeds, and applies only when the execu- 
 tion of the instrument is alleged to be the act of the party filing 
 the plea, or adopted by him. 
 
 Pica «f «cwi 
 
I 
 
 FT. 3.— TIT. 3.— CHAP I —APT - n 
 [ ZZtll -i^ik^i. — — ^Defences. 639 
 
 Sectibn 6.— Of Other Pleas. ^ 
 
 SECTIOIS^ VI. 
 
 OF OTnp:R PLKA:<. 
 Section-. , ic!,,,,.^, 
 
 OECTIO.V. 
 
 3401. rieas peculiar to e.xocutors. .tc. 3407 Of fnm,. „ 
 
 :>i05. Other pleas by then>. -'2 pLI ■■ "'■ 
 
 •ior PI I ,.-, -"iOS. Plea of coverture. 
 
 ■•406. Plea of md Uel record. \ 3409. Defences by Sheriff. 
 
 § ;5404. A\nien an executor or administrator is sued as such j,e v^ 
 nay pl^d ne ungues executor, or that no assets have conie fnto "^ ^''^-- 
 
 ^atisfy debt, of a higher nature against the deceased lield l)v " 
 hn-d persons, or y... a.h.;.utrav;t, that he has fully adminis- 
 ered tl,e assets that came into his hands, or pendin.. ^he "Z 
 
 his leters testamentary or of administration have l>:et. ev^d 
 
 and the admntistration committed to another, to M-hon ] t'e 
 
 assets which came into his hands have been delivered 
 
 tilttintedTtr'rr;'''"""?"'"' "^"" ^^^^ --« <>^' ^^— >.e. 
 
 tion oiigmated m tlie lite time of the testator or intestate ma v'^- ""'"'''" 
 plead any p ea which such testator or intestate n.ight p Ldi^ 
 hvmg, and he may also plead in al>atement in aff sn "Is 
 where siu^h plea is a])plicable. ^ 
 
 §3iOG The plea of nid iid ,rcor<l can only be pleaded f.. . 
 record which is the gist or ibnndation of the ^tl n'^^l^^^^"^^:^^ 
 a record winch is stated as an inducement onlv 
 
 §340.. A former recovery, or the pendency of a Ibrmer snit,>, 
 tor the same caiise of action, between the same ^.^^ '^^- 
 same or any other pom-f- fhuf i.« • . ,. . ir '^J i-ii^s, ni tiie ry an.i pcn- 
 
 rtii) uuiei couit tnat lias lurisdictioTi qItoII 1^^ , ,<ioti<yof 
 
 ca.se of abatement: but if the .li acti^^:;' 1 S;^^--'- 
 no recovery can be possibly had, the i.endencv of . tbr • 
 
 will not abate the action. ^ '' ^ ^''''"^' """^^ 
 
 § 3408. When a feme sole is sued on a contr-ict m.rlo 1 1 
 while .v>.vv., and she pleads her eorertur^lT^^ ' ^'7!:';:^,^- 
 ficient reply that she promised to nav or • ' ''' '"^- 
 
 §3409. A Sheriff or other officer cannot defend hbmplfo • . 
 an action for escape by showing that the ^:^'^:^ 
 the arrest was made was irregular. thou..h he iJlZ 
 process is void. "^ "^-^ ^^''®" ^^'^ 
 
 Defence by 
 Hheriff. 
 
640 FT. a.— TIT. 3.— CHAP. 2.— Defences. 
 
 Article 1. — General Principles. 
 
 CHAPTER II. 
 
 OF AMJiNDMENTS. 
 
 Amt-nd- 
 
 Akticlk 1. General principles. 
 Article 2. Particular cases. 
 
 ARTICLE I. 
 
 (4ENERAL PRINCIPLES. 
 
 Sectiox. Section-. 
 
 :$410. Amendment of pleadings. ' 341G. Names of plaintiffs. 
 
 .''.411. New parties, &c., not allowable. I .'5417. Representative character. 
 
 3412. Impositiou of term-. I 3418. Omi.ssion of jurisdiction. 
 
 3413. Misnomers. 1 3419. Scire /cicia.s amendikble. 
 
 3414. Names of partners. '■ 3420. Amendments of process. 
 
 3415. Names of defendants. ' 
 
 § 34:10. All parties, wlietlier plaintiffs or defendants in the Su- 
 
 ^e^net perior, Inferior, or other courts, (except the Supreme Court) 
 
 when ^'"''^-^viiether at law or in equity, may, at any stage of the cause, as 
 
 matter of right, amend their pleadings in all respects, whetlier 
 
 in matter of form or of substance, provided there is enough iu 
 
 the pleadings to amend by. 
 
 wew ciiuec § 3-ill. jSTo amendment adding a new and distinct cause of 
 
 an.TparUos actiou, or ucw and distinct parties, shall be allowed unless ex- 
 
 not allowa- , • i j x» l 1 
 
 tio. pressly provided lor by law. 
 
 § 3412. In case the party ai^plving for leave to amend the 
 
 Amending " ,''. i" ii i -i /• t 
 
 party may pleadiniTS or other proceedmij;s shall liave been o;mity oi negli- 
 
 be put upon i^ ^ ^ *-- . i ' i 
 
 t.rms. gence in respect to the matter of amendment, the court may 
 compel him to pay his adversary the cost of the proceedings for 
 which he moves, and may force reasonable and equitable terms 
 upon him at discretion, not touching the real merits of the cause 
 in controversy. 
 
 § 3413. All misnomers, whether in the christian or sur-name, 
 made in writs, petitions, bills, or other judicial proceeding on the 
 civil side of the court, shall, on motion, be amended and cor- 
 rected instanter, without working unnecessary delay to the party 
 making tlie same. 
 
 § 3414. In all suits by or against partners, or where any two 
 ma'"br ^^^ more persons sue or are sued in the same action, and the name 
 ^nfer^ of any person wlio ought to be joined in such action as plaintiff 
 
 Misuomors 
 amendable 
 
 Namee ot 
 
PT. 3.— TIT. 3.— CHAP. 2.— Defences. 641 
 
 Article 1. — General Principles. 
 
 or defendant is omitted, the omissions shall, on motion, be 
 amended by adding the proper party instanter. 
 
 ^ 3415. "When two or more persons sue or are sued in the same Names of 
 action, either on a contract or for a tort, tae plauititi may amend def.-ndants 
 his declaration by striking out one or more of such defendants stricken. 
 and proceed against the remaining defendant or defendants, if 
 there is no other legal diffienUy in the case. 
 
 § 3410. When several plaintiffs sue jointly the declaration may Name of on# 
 
 T 1 1 "1 • 1 !:•' /• 1 *"" more 
 
 be amended by strikmg out tJic name oi one or more ot such i-iaimiffs 
 
 *^ ni.iy h^ 
 
 plaintiffs. And when it becomes necessary for the purpose of stnckon 
 enforcing the rights uf such plaintlH', he may amend by sub- 
 stituting the name of another person in his stead, sueing for his 
 use. 
 
 § 3417. In an action by or against an executor, administrator Kopn-senta- 
 
 • 'iTi« 1 Til •! the charac- 
 
 or other representative, the declaration may be amended by strik- teroii.arties 
 ing out the representative character of such plaintiff or defend- chimsed. 
 ant. And in an action by or against an individual the pleadings 
 may be amended by inserting his representative character. 
 
 § 3418. The omission to give the court jurisdiction in the plead- omiRsion of 
 
 , , , jurisdiction 
 
 ingS IS amendable. amendable. 
 
 § 3419. Scire facias is amendable as other pleadings. scire/ndas 
 
 n ir^r. -^T • 1 1 1 . . amendable. 
 
 §3420. Void processor where there is no process or waiver Amendment 
 thereof, cannot be amended, but if service be acknowledged by ° '"''"-'*'' 
 the defendant, and upon hearing testimony the court becomes 
 satisfied that process w^as waived by the defendant, and that at 
 the time such service was acknowledged by accident or mistake 
 the entry of such waiver was omitted, such omission may be sup- 
 plied by amendment tmnc jyro tunc. 
 
 41 
 
M2 FT. 3.— TIT. 3.— CHAP. 2.— ART. 2.— Defences. 
 
 Section 1. — Of Amending Terdicts, Judgments, &c. 
 
 AETICLE II. 
 
 PARTICULAR CASES. 
 
 Section 1. Of amending verdicts, judgments and executions. 
 Sectiox 2. Of amandins: official returns. 
 
 Section 3. Of amending records. 
 Section -i. Of other amendments. 
 
 SECTION I. 
 
 OF AMENDING VERDICTS, JUDGMENTS AND EXECUTIONS. 
 
 Section. j Section* 
 
 3421. Amendments of verdicts. j 3424. Amendments of judgment. 
 
 3422. After dispersion of jury. j 3425. Of executions. 
 
 3423. Where part is legal and part not. ; 
 
 Ameudmont §3421. A vcrdict may be amended so as to make it conform 
 oi vtrdicts. ^Q ^j^^ declaration, if the error plainly appears upon the face of 
 
 the record. 
 After disnor- § ^'i^-- -^ vcrdict may be amended in mere matter of form, 
 6ion of .jury, j^^-^jjj. the jury have dispersed ; but after it has been received and 
 recorded, and the jury dispersed, it cannot be amended in matter 
 of substance, either by what the jurors say they intended to find, 
 or otherwise. 
 whm iv.rt §3423. If a part of a verdict be legal and a part illegal, the 
 ifart^iiie"°t court will coustruc such verdict, and order it amended by enter- 
 ing a remitter as to that part which is illegal, and give judg- 
 ment for the balance. 
 Amt'udment § 3424. A judgment may be amended by order of the court 
 mc-nff in conformity to the verdict upon which it is predicated even 
 
 after an execution issues. 
 Amendment § 3425. A JieH facias or capias ad satisfaciendurn may be 
 tlon^s!'"^' amended so as to conform to the judgment from which it issued, 
 and also as to the time of its return ; but if ^\\Q\\Ji.fa. be levied, 
 or the defendant be under arrest by virtue of such <■<(. sa. at the 
 time of the amendment, such levy or arrest must fall ; still the 
 amended jf. fu. or ca. m. may be re-executed. ^ 
 
PT. 3.— TIT. a.— CHAP. 2.— ART. 2.— Defences. 643 
 
 Section 2. — Amending Official Returns. 
 
 SECTION II. 
 
 AMENTDINCr OFFICIAL RETURNS. 
 
 Section. | Section. 
 
 3426. Official returns aiuemlabk'. | .3427. May be made nuncpro (nnr. 
 
 §3^26. The Sheriff or other executing officer may amend hisoffidaion- 
 
 f . '^ . "^ tries ainend- 
 
 omcial entries and returns, so as to make such entneis and returns Hf>ie. 
 conform to t\\6 facts of the case at the time such entry or return 
 was made. 
 
 § 3427. If the Sheriff or other executing officer shall fail to May bo 
 make an official return M'hich by law he should have made, 9,\wh />,!> t>im-. 
 entry or return may be made nunr j>ro tunc by order of the 
 court, so as to make the proceedings confornt to the facts at the 
 time tlie entry should have been made. 
 
 SECTION III. 
 
 OF AMENDING RECORDS. 
 
 Section. 1 Section. 
 
 3428. Aiueudiueut o( records*. ; ;i429. Discretion of the court. 
 
 §3428. It is a power incident to all courts to correct their own Ainen.imcnt 
 proceedings before final judgment. 
 
 §3429. In allowing or refusing amendments there is a wide Discretion 
 discretion to be exercised by the court, hence no fixed rule can amend- " 
 be laid down which would apply to each particular case that rules thora- 
 might arise, but as a general rule, the court will amend the entries 
 of its orders on the minutes, or the records and other proceedings, 
 iiuna pro tutu". 
 
 1. When the case is within some statutory provisions. 
 
 2. AYhen there is sometliing on the face of the proceedings to 
 amend by, from which what actually took place in the prior pro- 
 ceedings can be clearly ascertained and known. 
 
 3. In all cases where such amendment will clearly be in fur- 
 therance of justice. 
 
644 PT. 3.— TIT. 3.— CHAP. 2.— ART. 2.— Defences. 
 
 Section 4. — Of Other Amendments. 
 
 SECTIOIS" IV. 
 
 OF OTHER AMENDMENTS. 
 
 Sectiok. ^ 
 
 3430. Affidavits of illegality amendable 
 .3431. Also, insolvent's schedule. 
 3432. Also, rules for new triaJ. I 3436. Also, clerical mistakes. 
 
 .3433. Certain affidavits not amendable. 
 
 Section. 
 
 3434. Appeal bonds amendable. 
 
 3435. Also, affidavits to appeal. 
 
 Affidavits of §^4-30. Affidavits of illegality are upon motion and- leave of 
 imfndlwo. court amendable In^Umte}' by the insertion of new and indepen- 
 dent grounds; provided the defendant will swear that he did not 
 know of such grounds when the original affidavit was filed. 
 Insolvent's §3431. A schedule filed by an insolvent debtor is amendable, 
 amendable, provided he will show to the satisfaction of the court, by affidavit 
 or otherwise, that the omission arose from ignorance, inadver- 
 tance, mistake, or inability at the time to make it more perfect ; 
 lie must, however, amend in-sfautfr, and will not be permitted to 
 delay a creditor thereby. 
 Amendment § 3432. A rulc ni, .sy' for a new trial may be amended by adding 
 
 of rules for , , i • i ^• • jj'i t 
 
 newtri.ii. ncw grouuds not taken at the time tlie application was filed. 
 Affidavits § 3433. An affidavit which is the foundation of a legal proceed- 
 amended! iug cauuot bc amended except expressly proWded for by law. 
 Amendment §3434. All appeal boiul aiid all otlicr bonds taken under re- 
 .^nd'other <j[uisition of law in the course of a judicial proceeding may be 
 bonds. amended and new securit}' given if necessary. 
 Affidavit to §3435. Where material words are omitted by accident or mis- 
 amendabie. take iu ail affidavit to appeal in forma pauperis, such omission is 
 
 amendable. 
 Clerical niie- 8 3436. The mistake or misprision of a clerk or other ministe- 
 
 takes may ^ _ '■ 
 
 fce amended, rial officcr shall in no case work to the injury of a party where by 
 an amendment justice may be promoted. 
 
 CHAPTER 111. 
 
 OF THE PRODUCTION OF PAPERS. 
 
 Section. ] Sectiok. 
 
 3437. Production of books. &■<■. J 3443. Suhpcena duces te cum. 
 
 3438. Notice to produce. 3444. Penalties for disobeying. 
 
 3439. Judgment in case of faQurc. \ 3445. Secondary evidence. 
 
 3440. Continuance. j 3446. Transcripts of book.s. 
 
 3441. Affidavit of non-rcHident j 3447. Examination of hooka 
 
 3442. Notice — how made available. ' 
 
PT. 3.— TIT. :i— Defences. 645 
 
 Chapter 3. — Of the Production of Papers 
 
 § 3437. The several courts shall have power, on the trial of any Production 
 
 . , 1 , ,. , . , . - -'^ of books, &c 
 
 f'-ause cognizable beiore them respectively, on notice and proot may be com- 
 thereof being previously given by the opposite party or his attor- 
 ney, to require either party to produce books, writings and other 
 documents in his possession, power, custody or control, which 
 shall contain evidence pertinent to the cause in question, under 
 circumstances where such party might be compelled to produce 
 the same by the ordinary rules of proceeding in equity. 
 
 § 3438. The notice required by the preceding section shall be Notice to 
 in writing, signed by tlie party seeking the production of thepcrs. 
 books or other writings, or his attorney, and served on the adverse 
 party or his attorney, ten days before the production of the books, 
 writings or documents shall be required, provided such party re- 
 aides in the county where the suit is pending ; if out of said coun- 
 ty and within one hundred miles, fifteen days; if over one hun- 
 dred miles and less than two hundred, twenty days ; and if be- 
 yond the limits of this State, sixty <lays. 
 
 §3439. If the plaintiff or his attorney, ])eing so notified, shall Conseque«- 
 fail or refuse to complv witli sucli order, the court shall on mo-toproduc« 
 
 1 ' • 1 T . . rt^ . „ . papers. 
 
 tion give ]udgment against such plaintift as in case of non-suit, 
 and if the defendant shall fail or refuse to comply therewith, the 
 court, on motion, shall give judgment against such defendant 
 as in case of judgment by default. 
 
 § 3440. In case of the service of any notice as aforesaid, when continu- 
 it shall appear to the satisfaction of the court, by an affidavit of'*"''"' 
 the party or otherwise, that such party has used due and proper 
 diligence and cannot procure the books, writings, or other docu- 
 ments required, tlic cause may be continued at tlie instance of the 
 party notified. 
 
 §3441. "When tlie party notified resides without the limits of Anidavit ©r 
 this State, but in one of the States or Territories of the Confederate "iMt. 
 States, such party may make the oath required before a commis- 
 sioner of this State resident in such State or Territory, or before 
 any officer of such State or Territory in which the party notified 
 may reside, who is authorized by the laws of such State or Terri- 
 tory to administer an oath, which shall be sufficient, provided the 
 official character of the officer attesting said affidavit shall be 
 properly proven by the certificate of the Governor, the Secretary 
 of State, the Chancellor, or keeper of the great seal of the State 
 or Territorv in which such affidavit is made. 
 
646 PT. 3.— TIT. 3.— Defences. 
 
 Chapter .-{. — Of the Production of Papers. 
 
 Notice— § 3442. Before the notice provided for in tlie preceding sec- 
 
 avaiiabio. tious sliall be available, the party giving it, or liis agent, must 
 make oath (or his attorney state in his place) that he has reason 
 to believe that the paper required is or ha^; been in existence, that 
 it is in the possession, power, or control of the person notified and 
 that it is material to the issue. 
 subpana 8 3443. When any deed, bond, note, book, writinjr or other 
 
 duces tt '^ _ ^ "' " ' ' ' c5 
 
 cum. documents which it may be necessary to use as testimony in any 
 
 cause pending in any of the courts of this State, may be in the 
 possession of any j^erson resident in any county in tliis State, and 
 who is not a pai'ty to said cause, tlie Clerk of tlie Court, or Jus- 
 tice of the Peace, as the case may be. in which said cause is pen- 
 ding, sliall, upon application of the party or iiis attorney, desirous 
 of using such testimony, issue a shI>jhl/u/ (lucrx trrma direc- 
 ted to the person having such deed, bond, note, book, writing, or 
 other document in his possession. re(|uiringhim to be and appear 
 at the next term of said court, and to bring with him into said 
 court the paper desired to be used as testimony, whicli said sul)- 
 punia shall be served thirty days before the c^'urt to whicli it is 
 made returnal)le by a Sheriff, Constable, or some private person ; 
 and the i»rtie'ial return of the Sheriti" or Constable, or the affida- 
 vit of such prixate person shall ])e sufficient evidence that the 
 same was duly served, 
 I'cnaityfor §3444. AVlicu a subptcua shall be issued and served as provid- 
 oboy Bubpiv- ed in the preceding section, and the person whose attendance is 
 cum. thereby reipnred shall fail to cinnjily with the requisitions there- 
 
 of, the court shall, on motion, issue an attachment against such 
 defaulting person, returnable to the next term of said court, and 
 shall fine such person in a sum not exceeding three hundred dol- 
 lars, unless he shall make a sufficient excuse for such failure, 
 to be judged of by the court ; l»ut such person shall nevertheless 
 be subject to an action at the instance of the party by whom he 
 was subpaniaed for any damages which such party may have sus- 
 tained by reason of such failure : Prochhd., that if the person 
 subptena SO subpcpuacd shall, within ten days after the service of such sub- 
 
 iiUCM tecum -, , . , "^ , , . 
 
 —how com- poena, deliver to tlie party at whose instance the subpoma wa& 
 sued out, or his attorney, or tile in the office of the court, or Jus- 
 tice of the Peace from which such subpcena issued, the paper^ 
 the production of whicli is required by such subpiena. or shall 
 deliver to the said party or his attorney, or shall file in the said 
 office his affidavit that the said paper is not in his power, custo- 
 
FT. 3.— TIT. 2.— Defences. 647 
 
 Chapter 3. — Of the Production of Papers. 
 
 dy, possession or control, and thaf it was not at the time of serv- 
 ing said subpoena, then such delivery or filing of the paper so 
 sought as aforesaid, or of such affidavit, shall be considered a full 
 and complete conipliance with the requisitions of such .siihjHina 
 (luces tecum. 
 
 §3445. In all cases pendinc: iu anv of said c<uirts where any s.oondary 
 ])arty, either at law or in equity, shall pursue the course m this 
 chapter pointed out, and is unable thereby to procure such deed, 
 bond, note, book, writing or other document, such party shall be 
 permitted to go into parol evidence of the contents of such deed, 
 bond, note, book, writing or other document, 
 
 S 3446. When anv person shall be notified or served with suh- '^^t;^" tran- 
 
 '^ •' ••■ ... scripts of 
 
 jmna duces teeuvi to produce books in his possession to be used j^ooj^s ?nay 
 as testimony on the trial of any cause as hereinbefore provided, 
 if such person will make oath that he cannot produce the books 
 required without sutlering a material injury in his luisiness, and 
 shall also make, or cause to be made out, a full transcript from 
 such books of all the accounts and dealings with the opposite 
 party, and have such transcript examined and sworn to by an 
 impartial witness, and produce the same in court, it shall be a 
 compliance with the notice, or siihpcena duces tecuni. 
 
 § 3447. When the transcript provided for in the preceding sec- when books 
 tion shall be produced in court, if the adverse partv is dissatisfied intiinid by 
 
 , • 1 1 •!! 1 TIT Till • commission- 
 
 therewith, and will swear that he believes that the l)ooks contain ors. 
 
 entries material to him which do not apj^ear in the transcript, the 
 court will grant him a commission to be directed to certain per- 
 sons named by the })arties and approved by the court, to cause 
 the adverse party to produce the books required, (he being sworn 
 that the books produced are all that he has or had that answer 
 to the description in the notice,) and to examine said books, and 
 to transmit to the court a full and fair statement of the accounts 
 and entries between the parties under their hand, which shall be 
 sealed up and transmitted to the court, as in case of interrogato- 
 ries, which statement, when received by the court, shall be dofun- 
 ed a compliance with the notice, or ."odjpa-nd duces tecum. 
 
64:8 PT. 3.— TIT. 3.— Defences. 
 
 Chapter 4. — Of Continuances. 
 
 CHAPTER IV. 
 
 OF CONTINUANCKS. 
 
 Section. : Section-. 
 
 3448. One continuance at common law. ' 3455. Wlien ca?e is not reached. 
 
 3449. When amc-ndingparty may continuel 3456. Of cases returned from S. ("!ourt. 
 
 3450. Continuance for surprise. ■ 3457. Dihgencc required. 
 
 3451. For absence of vviliiesses. j 3458. Non-return of interrogatories. 
 
 3452. Admission of facts. ' 3450. Continuance on appeal. 
 
 3453. Continuance for absence of ))arly. .'MfiO. Discretion of the court. 
 
 3454. For ab.senco of counsel. 
 
 Bntonf (Oil- § 3448. N"o trial in any civil cause Bliall be had at the first term, 
 
 wmmon itw (except cxpresslj provided for bv law,) and no cause whatever, 
 
 depending in any of the courts of tliis State, shall be continued 
 
 more than one term at common law, at tlie instance of the same 
 
 party for any cause whatever. 
 
 Amcndint: § 3440. Tlic party amending ]>lciuling.'^ or other proceedings in 
 
 entifiodto" an}' of said courts, shall not be entitled to delay or continuance 
 
 on account of such amendment except by leave of the court to 
 
 enable him to make such amendment. 
 
 contimwnce § 3450. Whcii any amendment shall be made to the pleadings 
 
 Im^cndfnc*' or otlicr procccdiugs in the cause, if the opposite party will make 
 
 p.vt.v-w en Qj^^jj^ Qj, jjjg counsel state in his place that lie is surprised by such 
 
 amendment, and that he is less prepared for trial, and how, than 
 
 he would have been if such amendment had not been made, and 
 
 that such surprise is not claimed for the purpose of delay, the 
 
 case may be continued in the disf-retioii of the .ludge at the 
 
 instance of the amending party. 
 
 Continuance 8 3451. lu all apolicatious for continuances uixm the ground 
 
 for absence ^ •'^ ■*■ ^ * *- 
 
 •f witnesses, of tlic absencc of a witness, it must be shown to the court that 
 the witness is absent, that he has been subprenaed, that he resides 
 in the county where the case is pending, that his testimony is 
 material, that such witness is not absent by the permission, direct- 
 ly or indirectly, of such applicant, that he expects he will be able 
 to procure the testimony of such witness at the next term of the 
 court, and that such application is not made for the pur])o.se of 
 delay, but to enable the ]iarty to procure the testimony of such 
 absent witness, and must state the facts expected to be proved by 
 such absent M-itness. 
 Continuance § 3452. Xo continuance shall be allowed in any court on ac- 
 when the couut of the abseucc of a witness, or for the purpose of procuring 
 mittod. ' testimony, when the opposite party is willing to admit and does 
 
FT. 3.— TIT. 3.— Dkkk.nces. 649 
 
 Chapter 4 — Of Continuances. 
 
 not contest the truth of the facts expected to be proved, and the 
 court shall order such admission to be reduced to writing. 
 
 §3458. If either party shall be Providentially prevented from ^v,,pn a,,, 
 attending at the trial of any cause, and the counsel of sut-h ab- tyls'cauw^of 
 sent party will state in his place that he cannot go safely to trial "''"'"""""'*• 
 without the presence of such absent party, sncli cause shall be 
 continued, provided his continuances are not exhausted. 
 
 § 3454. The illness or absence from Providential cause of coun- conunuimo*- 
 sel, where there is but one, or of the leading counsel where there oHUn^ss^^f 
 are more than one, shall be a sufficient ground for a continuance/""'"*'''' 
 provided the party making the application will swear, that he 
 cannot go safely to trial without the services of such absent coun- 
 sel, that he expects his services at the next term, and that said 
 application is not made for delay only. 
 
 §3455. A cause not reached at the trial term stands over aswiuncase 
 
 _ , • 1 is not roach- 
 
 continued. .,]. 
 
 § 345<i, When any cause shall be sent back to the Superior continuance 
 Court by the Supreme Court, the same shall be in order for trial I'ack from" 
 at the first term of the said Superior Court next after the session comt. 
 of the Supreme Court ; and if such case is upon the appeal, and 
 the continuances of either party are exhausted, the said Superior 
 Court may grant one continuance to said party as tlie ends of 
 I'ustice may re€|uire, 
 
 § 3457. In all cases the party making an application for a con-ciiigoucpre- 
 tinuance must show that he has used due diligeilce. '^"*"''^' 
 
 §3458. When a commission issues to examine a witness, it not continuance 
 having been returned, shall be no cause of a continuance, unless uirn'ofintcr- 
 the party seeking the continuance will make the same oath ^f '■''^'**'*''"'''- 
 the materiality of the testimony as in the case of an absent wit- 
 ness, and the party must show due diligence in sueing out and 
 having the same executed. 
 
 § 3459. No appeal case shall be continued more than twice by oonUnuauo* 
 the same party except for Providential cause and for which, it pofti""'^" 
 may be continued as often as justice may require. 
 
 § 3460. All applications for continuances are addressed to the Discretion 
 aound legal discretion of the court, and if not expressly provided " '' *^ 
 for, shall l)e granted or refused as the ends of justice may require. 
 
650 PT. 3.— TIT. 3.— Defences. 
 
 Chapter 5. — Garnishments. 
 
 CHAPTER V. 
 
 GARNISHMENTS. 
 
 Section. Sectio.v. 
 
 3461. Garnisliments at common law. :!470. Garnishee — when to pay interest. 
 
 .'5462. How obtained. :i471. Judgment against garnisliee. 
 
 34G3. Affidavit and bondl)y agent, &v. 3472. Answer of garnishee. 
 
 3464. By one of a firm, &c. - 3473. Collateral securities. 
 
 3465. How and by whom issued, Ac. 3474. Attorney may V)o garnisheed. 
 
 3466. Against person'5 out of the coimty. 3475. Receiver e.\empt. 
 
 3467. How issued. .Vc. 347G. Laborer's wages e.\empt. 
 
 3468. Garnishments — how dissolved. .■!477. Legacies, Ac. 
 
 3469. Distribution of money. 347S. narnishmenf of executors. Ac. 
 
 Garnish- §3401. Ill ciises wlici'e suit is peiKliii<j:;, or where jiulijiuent lias 
 
 (oinmo'n iMw been obtained, the plaintiff" shall be entitled to the process of 
 
 i:;arnishiiient under the following regulations : 
 r.aniisii- 8 34G2. The i)laintiff', his ajjent or attorney at law, shall make 
 
 ot.tainr.i. an amdavit beiore some omcer authorized to issue an attachment 
 by this Code, stating the amount claimed to be due in such ac- 
 tion, or on such judgment, and that he has rejison to apprehend 
 the loss of the same, or some part thereof, unless the process of 
 garnishment do issue and shall give bond, with good security, in 
 a sum at least equal to double the amount sworn to be due, pay- 
 able to the defendant in the suit or judgment, as the case may 
 be, conditioned to pay said defendant all costs and damages that 
 he may sustain in consequence of sueing out said garnishment, in 
 the event that the plaintiff" fails to recover in the suit pending, 
 or it should appear that the amount sworn to be due on sucli 
 judgment was not due. 
 Affidavit by § 3iG3. "When the affidavit is made by the agent or attorney at 
 tfracj%' ""^ law of the plaintiff', he may swear according to the best of Iiis 
 knowledge and belief, and shall have power to sign the name of 
 the plaintiff' to such bond, who shall be bound tliereby in the 
 same manner as though he had signed it himself. 
 Affi.iavit § 3404. When the debt for the recovery of which the garnisli- 
 
 oLofTtimi. nient is sought is due to co-partners, or several persons jointly, 
 any one of said co-partners, or joint creditors, may make the af- 
 ffdavit and give the bond in the name of the jilaintiff", as pre- 
 scribed in cases of attachment. 
 Garnish- §3405. When such affidavit has been made, and bond given, it 
 
 and by sliall bc the duty of the officer before whom the same is made, or 
 6"<<L any other officer authorized by this Code to issue attachments. 
 
FT. 3.— TIT. 3.— Defences. 651 
 
 Chapter 5. — Garnishments. 
 
 to whom the said bond and aflSdavit may be delivered, upon the 
 request of the plaintiff, his agent or attorney at law, to issue a 
 summons of garnishment to cuoh pcr o o n, directed' -afr ftfurcoaid /re- 
 quiring him to appear at the next term of the court where such 
 suit is pending, or where such judgment was obtained, but if the 
 next Superior or Inferior Court sliall l>e held within less than 
 twenty days, or the next Justices' Court shall be held within less 
 than ten days from the time such summons shall issue, then the gar- 
 nishee shall be required to appear at the next court thereafter, 
 then and there, or before that time, to depose on oath what he 
 is indebted to, or what property or effects he has in his hands 
 belonging to the defendant, or had at the time of the service of 
 the summons of garnishment, and upon such affidavit, bond, and 
 summons of garnishment, being delivered to any officer author- 
 ized by law to levy an attachment, it shall be his duty to serve 
 such summons of garnishment upon the person to whom it is di- 
 rected, if to be found in his county, and to make an entry of 
 such service, and of his actings and doings in the premises, upon 
 the affidavit and l)ond, and return the same to the court to which 
 the person summoned as garnishee is required to appear, and all 
 s\ibsequent proceedings shall be the same as in this Code i)re- 
 scribed in relation to jxarnishment in cases of attachment. 
 
 § S-IGO. When any of the persons sought to be garnisheed reside oamisii- 
 in a different county from the one where suit is pending, or in persons rc- 
 Avhich judgment was obtained, it shall be the duty of the officer the cmmty. 
 taking such affidavit and bond, or any other officer of the county 
 where such suit is pending, or where such judgment was obtain- 
 ed, authorized by this Code to issue an attachment, to M'hom said 
 bond and affidavit may be delivered, to make out a copy thereof, 
 and certif}^ the same to be true, and shall deliver said certilied 
 copy to the plaintiff', his agent, or attorney at law, and upon such 
 certified copy being delivered to any officer authorized to issue 
 an attachment of the county where the person sought to be gar- 
 nisheed resides, it shall be the duty of such officer to issue sum- 
 mons of garnishment for sucli person as he may be directed by 
 the plaintiff', his agent, or attorney at law, requiring him to ap- 
 pear at the next Superior, Inferior, or Justices' Court of said coun- 
 ty, according as such suit is pending, or judgment was obtained 
 in the Superior, Inferior, or Justices' Court, then and there to <le- 
 pose according to the provisions of the previous sections ; but if 
 the said Superior or Inferior Court shall be held within less than 
 
652 PT. 3.— TIT. 3.— Defences. 
 
 Chapter 5. — Garnishments. • 
 
 twenty days, or said Justices' Court shall be held within less than 
 ten days from the time such garnishment issues, the garnishee 
 shall be required to appear at the next court thereafter. 
 How issuod, § 34r)T. Upon such certified coi\y of affidavit, bond and sum- 
 fct^raort! Ao mons of garnishment being delivered to any officer authorized by 
 law to levy an attachment, it shall be liis duty to serve the sum- 
 mons upon the person to whom it is directed, and to return the 
 said copy affidavit and bond to the court where such person is 
 summoned to appear, together witli his actings and doings en- 
 tered thereon, and all subsequent i)roceedings sliall be the same 
 as is prescribed by this Code in relation to garnishment in cases 
 of attachment where the ffarnisliec resides out oi" tlic countv 
 
 in wliich the attachment is retuniabl 
 
 flarnish- § 34(58. In cuscs whcrc garnislimcnts arc issued when suit is 
 
 ^jueoivwi. pending, or judgment has been obtained, tlic defendant may dis- 
 solve such garnishment, and liavc the same dismissed upon filing 
 in the Clerk's office of the court where suit is pending or judg- 
 ment was obtained, or with the Justice of the Peace where Buit 
 is pending, or judgment was obtained in such court, a bonrl with 
 security, payable to the plaintilf, for the payment of tlie amount 
 due on such judgment, or which nuiy be recovered in said action, 
 and tlie costs thereon, and the plaintifl' may enter up judgment 
 upon such bond against the principal and securities, a> judgment 
 may be entered against securities upon appeal. 
 Money rais- § 34<')0. All monev raiscd by virtue of the process of garnish- 
 nishment— mcut uudcr this Codc shall be paid over to the creditors of the 
 
 how distrib- , ^ * _ 
 
 ntod. detendant, according to the priorities now established hj law — 
 
 the expenses of the moving creditors being first paid 7?;'^ rata, hj 
 the judgment creditors receiving the benefit of his diligence. 
 
 Garnishoe § 34T0. As a general rule, a partv M-ho is prevented from ])ay- 
 
 liablo for in- . ^ *^ ' 1 ,^ 1 .. 
 
 t«rpet-when. lug ovcr monev by process ot law is not liable for interest, but if 
 a garnishee resists the payment of the fund in his hands, or con- 
 troverts his indebtedness, he is liable for interest thereon, bat 
 he may relieve himself from interest by paying the fund into 
 court. 
 
 Judgment. § 3471. The plaintiff shall not have judgment against the gar- 
 nishee until he has obtained judgment against the defendant. 
 
 Answer of § 3472. Thc garnishee must, in his answer, admit or deny 
 
 €»rniBhe«'. j^j^ indebtedness, or that he has. or had effects in his hands be- 
 longing to defendant, and if he is unable to do so, his inability 
 must appear in his answer, together with all the facts plainly, 
 
 I 
 
FT. 3.— TIT. 3.— Defkngks. 653 
 
 Chapter 5. — Garnishments. 
 
 fally and distinctly set forth, so &» to enable the court to give 
 judgment thereon. 
 
 § 3473. Collateral securities in the hands of a creditor shall coiinu-rai* 
 
 111. , .1 1. ,, 1 ""*■ 8'ibject 
 
 not be tlie subiect of garnishment at the instance of other cred- ♦" pirnish- 
 itors. 
 
 §3474. An attorney at law who has money or other eifeets in Attomoyst 
 his hands belongino; to the defendant shall be subiect to l»e nrar-joct topar- 
 
 . n n J tr> nishment. 
 
 nisheed. 
 
 §3475. A receiver appointed by a court of equity shall not be Kcooivers 
 
 1 . 1 ,, . 1 not subject 
 
 subject to the process oi garnishment. tocamiah- 
 
 §3476. All journeymen, mechanics and day laborers shall be Laborer's 
 exempt from the process and liabilities of garnishment on their emp't^frSi 
 daily, weekly, or monthly wages, whether in the hands of their "'^" * ™''° 
 employers or others. 
 
 § 3477. As a general rule, the interest of a legatee or distrib- when lega- 
 utee is not the subject of garnishment issued against an executor fubject to 
 or administrator, but if the legacy has been assented to by the ^ 
 executor, and such legacy is not defeated by debts against the 
 estate, and when there has has been a final settlement by the ad- 
 ministrator, and there remains in his hands a fixed balance, such 
 legacy or the interest of the distributee, or heir, may be reached 
 by the process of garnishment, at the instance of a creditor of 
 such legatee, distributee, or heir at law, as the case may be. 
 
 § 3478. In every case a garnishment may be issued against an Executors, 
 executor or administrator for a legacy or distributive share, if g^niTbT»dl 
 the creditor will swear — in addition to the oath required in ordi- 
 nary cases — that his debtor resides without the State, or is insol- 
 vent. In such cases the executor or administrator shall not be 
 compelled to answer the garnishment until the estate in his hands 
 is sufficiently administered to enable him safely to answer the 
 same. — ^ 
 
654 
 
 PT. 3, TIT. 4. — CHAP. 1. — Verdict and Judgment. 
 
 Article 1. — Of the Verdict and its Reception. 
 
 Vcnliots 
 must cover 
 the issues. 
 
 Must show 
 upon what 
 ploa it is 
 found. 
 
 (Joustruc- 
 tiou of vti 
 diets. 
 
 Mouldinir 
 verdicts. 
 
 Verdict in 
 trover. 
 
 TITLE IT. 
 
 OF THE VERDICT AND JUDGMENT. 
 
 CHAPTER I. 
 
 VERDICT AND Jl^DGMENT. 
 
 Article 1. Of the verdict and it reception. 
 
 Article 2. Entering judgment. 
 
 Article 3. Efteet and lien of judgment. 
 
 Article 4. Of attacking judgments. 
 
 Article 5. Transfer of judgments. 
 
 Article 6. Confession of judgments. 
 
 Article 7. Dormant judgments and revival thereof. 
 
 ARTICLE I. 
 
 OF THE VERDICT AND ITS RECEPTION. 
 
 Section'. 
 3479. Verdict must cover the issues. 
 :?480. Must show on what pica found. 
 3481. Constructiou of verdicts. 
 :j482. Moulding verdicts. 
 
 Section. 
 :!483. Verdicts in trover. 
 
 3484. For a totn! divorce. 
 
 3485. For a partial divorce. 
 
 I 348G. Reception of verdicts. 
 
 §3470. The verdict must cover tlie issues made l>v tlie plead- 
 ino;s. and must be for the plaintiff or defendant. 
 
 5^^ 3480. If there are several pleas tiled by the defendant, a \er- 
 dict for the defendant must show upon wliich of the pleas the 
 verdict is rendered. The jury may render such verdict upon all 
 the pleas if they see proper so tu do. 
 
 § 3481. Verdicts are to have a reasonable intendment, and are 
 to receive a reasonable construction, and are not to be avoided 
 unless from necessity. 
 
 § 3482. It shall be within the power of the Superior Court, in 
 a proper case, to mould the verdict at law so as to do full justice 
 to the parties, and in the same manner as a decree in equity, and 
 the judgment and execution shall conform to the verdict. 
 
 § 3483. In an action of trover the verdict may be in the alter- 
 native : that is, it must be for the value of the property sued for, 
 which may be discharged by the return of the property within a 
 given time specified in the verdict. 
 
Article 1— Of the Vordicland .K fiiiii^iitoi! 
 
 be as follow., to wit: We, tlie jury, find timt Rufficient nrootV'""' """'"' 
 
 '::: xv-"";""^' *".""- "'"''"'''''"" •- a"ti.on:rLf7d t 
 
 ^orce, that IS to say, a d.vorce a v;»n,Io n,„trh,y,„U upon Ie.>al 
 princples between the parties in this case. ^ 
 
 ^■''ff- I"easesofaparti.aldivoveethefonnofavei-dict,navv ,- , 
 be as follows to wit: We, the j„,-y, find that st.fficient pool -*'•''■' 
 have been submitted to on,- consideration to anthonVe a narHa"""" 
 dtvoree between the parties, that is to ..ay, a divo;7: „C 
 M^.j> npon legal pnncip.es. That the plaintifl' shall pay 
 
 life fe s,„n of" M, ,'" "," "'='"■'''"' *•'■'•"« '- -'"-' 
 
 e s!,ro ■ s, 1 '.. ''■ "'" '"•'■'"'•* ^-i "'aintenance of 
 
 I ^ITa If. "^■■^'■"^0 during their natnral lives. 
 
 J, 3486. \ erd.cts shall not be received except in open court 
 
 nnless by agreement of the parties. ' 
 
 N'ei'(li('ts — 
 liow rcctiv- 
 
 0.1. 
 
 ARTICLE II. 
 
 OF KNTERING JUDGMHXT. 
 
 Section-. .„ 
 
 Section- 
 
 (icriiiont — 
 
 d 
 
 34S 7. Judgments, when to be entered. SiO^ " Atrnn.vf 
 
 34SS. Appeal .suspends judgment. ^ CoTt T *" 
 
 3480. Judgn.ent fur principal and interest 349" ^°f '-"^^•"«* ^"-^^"tor., Ac. 
 
 3400. Judgn.ent on appeal... ' If'' f •'^""" '^ ^" '^-'^^• 
 
 3401. Agamst .sureties and endorsers. ' ' ^" ^^'"^'''^''^^ '-^"'^^f^-n^^'l'artners. Ac. 
 
 _ § Sm. In all cases M-lieii a verdict shall herenclem] the i>..h-v 
 
 te^ nds,grM.p,ud.ment thereon at ar,y tinie within four da"-"' ^' 
 atter the ad]ournment of the court at which .nr 1. . r V ^ 
 
 dered, for the amount thereof -u d a 11 . ^'^''^ ''''"' ^■""- 
 
 -d no execution shall 1^;!;' ^^^ ::;;77^^^ d ^"^"' 
 Shan I. e.^red up and .,ned h, i:XT;!i:'::t^^'''' 
 
 ^ o4bb. It a .lud-nient be entered within the thno .,11 . ' 1 .• 
 enterino. an appeal and sndi nnnooi 1 ! , allowed for Ai.pcaisns- 
 
 be susi.;endcd! ^ ^ ^ ''^ ^'' ''^'^^•^^^' ^^'^ ^"^^"^-^t will S:'-- 
 
 §3489. In all cases where iudo-ment n.«v k« 1. • , 
 judcrment shall be ontPrPrl.,.;-.--^ ^ obtained, such .Tu.i.,„ont 
 
 .1 ,.^ ' '^^"^^^Gd up tor the principal mi m rlno , VI • f'-ri'iincitml 
 
 terest; />.«./,?«/ the claim upon which it"™ nit • T:i ".■»„,„.,,:,., 
 
 terest, but no part of such judgment shllbl^!'' *'"""' '"■ 
 principal, which u,ay be die on the Sn'^d^bt.""' ''''''' '"" 
 
656 PT. 'S. — TIT. 4. — CHAP. i. — Vkkwot and Juikjment. 
 
 Artido 2.— Of Entering Judgment 
 
 Judgment §3490. In all cases of appeal, where security has been given, 
 on appeals. ^^^^ plaintiff, or liis attorney, may enter up juclgmeut against the 
 principal and surety jointly and bevurully, und execution bhall 
 issue accordingly, and proceed against either or both, at the op- t 
 tion of the plaintiff, until his debt is satisfied. ^ 
 
 Judgment §3401. In all iudmnents against sureties or endorsers on any ' 
 
 against sure- ^ .in o ^ ... 
 
 itU'sauden- ]jii} of cxchauge, proiuissofy note, or other instrument in writing, 
 the plaintiff or his attorney shall designate and identify the rela- 
 tion of tlie i)arties under the contrai-t on whicli sucli judgment is 
 rendered, and execution shall issue accordingly. 
 judfrmcnt 8 3492. lu a suit against an executor or administrator in his 
 utors and reprcsentutivc character, the judgiuent must l)e <tt Uonia umUurts, 
 
 admlnioti-.i- ^ 1 7 • Ju' 
 
 t..rs. except when he pleads iit uiujiU'Si.cicufor, or a release to hofusclj, 
 
 orjjlaic adminlstnicit, or ;^ltne admiiUHtravit prater, and his plea 
 is found against him in which case the judgment is, that the plain- 
 tiff recover both the debt and costs, in the lir>t jdace to be levied 
 of the goods and chattels lands and tenements of the deceased if 
 to be found, and if not to be fonnd, then to be levied of the ])er- 
 sonal goods and chattels, lands and tenements of the defendant. 
 
 .ludcnuui S 3403. When the verdict of a jury is against an executor or 
 
 for lORt " .,.* ...•!. 
 
 :isainstoxic-.i(jministrator, or other trustee in ins representative cliaracter, a 
 
 ■ tors, &c. ' ,iTi 1 • I'-i 
 
 judgment for costs should be entered against him in the same 
 
 character, 
 judfrnunt §3404. All judgmcuts rendered against the obligors of any 
 
 bond, whether official or voluntary, shall be for the amount of 
 
 damnification found by the verdict of a jury, and not for the ])en- 
 
 alty thereof. 
 
 ^ 3405. Judgments entered up, or executions issued in favor of 
 i."rSnsf' or against co-partners, when the i)artiiership style is used therein 
 
 instead of the individual names of such persons comprising said 
 
 firm, shall be u:ood. 
 
 on l>uud». 
 
 .Iiidpnionis 
 in fav 
 or m^i 
 Rrn\s, 
 
 ARTICLE III. 
 
 OF THK EFFECT AND LIEN OF JUDGMEN'Iti. 
 
 Secttok. j .Section. 
 
 3496. Conclusiveness of judgment. ; 3501. Do not bind choees in action. 
 
 3497. Judgments at same term equal ' 3502. Lien on property transferred. 
 349S. Rank of riflarmod judgments. 3503. On property removed from Sute. 
 
 3499. Dignity of judgments. 
 
 3500. Prevent alienation — when. 
 
 3504. In trespass and trover. 
 
 3505. Sale of land — purchase money. 
 
PT. 3.— TIT. 4.— CHAP. 1.— Verdict and Judgment. 657 
 
 Article 3. — Of the Effect and Lien of .TudpTnents. 
 
 S 3496. The iudffment of a court of competent iurisdiction is concini«iT»- 
 conclnsive between parties and privies as to the tacts which it ""'^t^ 
 decides until reversed or set aside. 
 
 § 3407. All judgments signed on verdicts rendered at the same judpncnto 
 term of the court shall be considered held and taken to be ofoft^^ITaHa™ 
 eqnal date, and no execution shall be entitled to any preference 
 l)y reason of being iirst placed in the hands of the levying 
 officer. 
 
 §3498. A judgment ill the Superior Court, which is taken to Rank of 
 the Supreme Court and affirmed, loses no lien or priority by theatiinnidby 
 proceeding in the Supreme Court, but takes effect from the first coun. 
 judgment. 
 
 § 3400. All judgments obtained in the Sujierior, Inferior, Jus- Dignity And 
 tices', or other Courts of this State shall be of equal dignity and f^ct'of judg- 
 shall bind all the property of the defendant, both real and per- """**■ 
 sonal from the date of such judgment, except as otherwise provi- 
 ded in this Code. 
 
 §3500. In all cases where a verdict shall be rendered and judg- First judg- 
 ment signed up thereon, and an appeal shall be entered from ™ nls 'Jfcna- 
 such verdict, the property of the defendant shall not be bound by of appoai. ^ 
 the first verdict and judgment, except so far as to prevent the 
 alienation by the defendant of his property between the signing 
 of the first judgment, and the signing of the judgment on the ap- 
 peal, but shall be bound from the signing of such judgment on 
 the appeal. 
 
 § 3501. A judgment has no lien upon promissory notes in the judgments 
 liands of the defendant, nor are choses in action liable to be seized choses in m- 
 and sold under execution, unless made so specially by statute. *'""' 
 
 § 3502. When any person has Jjonajule, and for a valuable con- Lien of 
 sideration purchased real or personal property, and has been in IrafsTrred " 
 the possession of such real property for four years, or of such whTn "iifs" 
 personal property two years, the same shall be discharged from *'^'"^^'^- 
 the lien of any judgment against the person from whom he pur- 
 chased. 
 
 §3503, When a judgment lien has attached on personal prop- Lien of 
 erty which is removed to another State and sold, if brought back in"|!n!p"rtV 
 again to this State it will be subject to the judgment lien. fri^Tthe 
 
 § 3504. When a verdict for damages shall be rendered in favor 1'^^^'^ „{. 
 of a plaintiff in trover or trespass, and a judgment signed there- Jn'IfX^lnd 
 on, the said verdict and judgment shall not have the efiect to *'"'^®*"^^' 
 change the property which is the subject matter of the suit, or 
 42 
 
658 
 
 PT. 3. — TIT. 4. — CHAP. 1. — Verdict and Judgment. 
 
 Article 3. — Of the Efifect and Lien of Judgments. 
 
 to vest the same in the defendant in said suit until after the dam- 
 ao-es and costs recovered bj the plaintiiF in such action are paid 
 otf and discharged ; except so far as to subject sucli pro};erty to 
 be sold under and by virtue of an execution issuing from such 
 judgment in such action of trespass or trover, and to make the 
 same liable to the payment of the damages and costs recovered 
 in said action in preference to any other judgment, order or de- 
 cree, against the said defendant in said action of trespass or tro- 
 ver. 
 
 § 3505. When a person holds property under a bond for titles, 
 where pur- J^^J^^ tjjQ purchasc moucy has been partially paid, the same may 
 ispartiiiuy \jq levied OH uudor iiulirinents auainst such person, and the entire 
 
 paid. .1 r? > 1 ^ 
 
 interest stipulated in the bond shall be sold. The proceeds ot 
 the sale shall be appropriated first to the payment of the balance 
 of the purchase money, and tlie remainder to the judgment liens 
 according to date. In all such cases notice of the levy shall be 
 given by the levying officer to the holder of the bond for titles. 
 
 ARTICLE IV 
 
 HOW ATTACKED, AND HEREIN OF MOTIONS IX ARRK.-=^T OF JUDrrilBNT. 
 
 Motion in 
 •rresl of 
 judgment. 
 
 Nature of 
 motion in 
 arri'St of 
 judgment. 
 
 Section'. 
 
 3506. Arrest of judgment:*. 
 
 3507. Nature of the motion. 
 
 3508. On accoimt of defective pleadings 
 
 3509. Where defects arc amendable. 
 
 3510. When set aside for perjury. 
 
 I Section. 
 
 I 3511. Jurisdiction of the motion. 
 
 3512. Judgments — where attacked. 
 I 3513. Void judgments. 
 ' 3514. Judgments set aside in eqiiity. 
 
 3515. How attacked bv creditors, 4c. 
 
 § 3506. When a judgment has been rendered, either party 
 may move in arrest thereof, or to set it aside for any defect not 
 amendable which appears on the face of the record or pleadings. 
 
 § 3507. A motion in arrest of judgment difi'ers from a motion 
 for a new trial in this : the former must be predicated on some 
 defect which appears on the face of the record or pleadings, 
 while the latter must be predicated on some extrinsic matter not 
 so appearing. It also ditfers from a motion to set aside a judg- 
 ment in this: the motion, in arrest of judgment, must be made 
 during the term at which such judgment was obtained, while a 
 motion to set it aside may be made at any time within the stat- 
 ute of limitations. 
 
PT. 3.— TIT. 4.— CHAP. 1.— Verdict and Judgment. 659 
 
 Article 4. — How Attacked, &c. 
 
 §3508. If the pleadinsrs are so defective that no leffal indo;- For defects 
 
 " ^ '^ , 1.1 in the pltad- 
 
 raent can be rendered, the judgment will be arrested or set aside, 'ngs. 
 
 §3500. A judgment cannot be arrested or set aside for any Amendable 
 defect in the pleadings or record, that is aided by verdict, or pnmnd of 
 
 111 "^ /» i> motion. 
 
 amendable as matter oi lorm. 
 
 8 3510. Any iudij-ment, or verdict, rule or order of court, -Tufiffments 
 
 ^ J J O ' ' ^ 'obtained by 
 
 which may have been obtained, or entered up, shall be set aside, perjury wiii 
 and be of no eifect if it shall appear that the same was entered 
 up in consequence of corrupt and willful perjury ; and it shall 
 be the duty of the court, in which such verdict, judgment, rule 
 •or order, was obtained or entered up, to cause the same to be set 
 aside, upon motion and notice to the adverse party ; but it shall 
 not be lawful for the said court to do so, unless the ]ierson 
 charged with such perjury shall have been thereof duly convicted, 
 and unless it shall appear to the said court, that the said verdict, 
 judgment, rule or order, could not have been obtained and en- 
 tered up, without the evidence of such perjured person, saving 
 always to third persons, innocent of such perjury, the right 
 which they may lawfully have acquired under such verdict, judg- 
 ment, rule or order, before the same shall have been actually va- 
 cated and set aside. 
 
 §3511. All motions to arrest or set aside a judgment, must be jurisdiction 
 made to the eonrt by whom such judgment was rendered, and oftioVtVar-' 
 which motion the opposite part}^ must have reasonable notice. 
 
 §3512. The judgment of a couit of competent jurisdiction judgments 
 cannot be collaterally attacked in any other court for irregular- connu-raiV 
 ity, but shall be taken and held as a v^alid judgment until it is" 
 reversed or set aside. 
 
 §3513. The judgment of a court having no jurisdiction ofjudsments 
 the person and subject matter, or void for any other cause, is a 
 mere nullity, and may be so held in any court when it becomes 
 material to the interest of the parties to consider it. 
 
 §3514, The judgment of a court of competent jurisdiction Kqnity may 
 may be set aside by a decree in chancery, for fraud, accident, orludgmeuts. 
 mistake, or the acts of the adverse party unmixed with the neg- 
 ligence or i\iult of the complainant. 
 
 § 3515. Creditors, or bo?ia fid<i purchasers, may attack a judg- jnd-ments 
 mcnt for any defect appearing on the face of the record, or "uacu.d by 
 pleadings, or for fraud, or collusion, whenever and wherever j^'"""*'"'"^'**' 
 iatcrferes with their rights, either at law or in equity. 
 
YT. 3.— TIT. 4.— CHAP. 1.— Verdict and Judgment. 
 
 Article 5. — Of the Transfer of Judgments. 
 
 ARTICLE V. 
 
 OF THE TRAXSFKR OF JUDUMKNTS. 
 
 Section-. ^Section. 
 
 351G. Jiidf^cnts transferable. ; 3517. Tran.sfer by attorney of record. 
 
 jndgmftnts § 351G. Any plaintift* oi* transferee ma,y bona Jide, and for a 
 Sftwd valual)le consideration, transfer any judgment or execution to a 
 tliird person, and in all cases the transferee of any judirnient or 
 execution shall have the same rights, and be liable to the same 
 equities, and subject to the same defences as the original ])lain- 
 tiiF in judgment was. 
 Transf.rbj- § 3517. Tlic transfer of a judgment or execution, by the attor- 
 recori^" ney of record, shall be good to pass the title thereto as against 
 every person, except the plaintift", or his assignee, without no- 
 tice. The ratification by the ])]aintirt' shall estop him also from 
 denying the transfer. The receiving of the money shall be such 
 a ratification. 
 
 ARTICLE VI. 
 
 OP CONFESSION OF JUDGMKNT. 
 
 Sectio!!. 1 Section. 
 
 3518. Confession — when allowed. 3520. Right of confession and appeal. 
 
 3519. Judge may confess m his court. 
 
 conf.>88ion § 3518. No coufessiou of judgment shall be entered up but in 
 -ihSmit.be county where the defendant resided at the commencement of 
 iSwe"/' the action, except expressly provided for by law, nor unless the 
 cause has been regularly sued out and docketed as in other ca- 
 ses, 
 jndee may §8519. A Judge of the Superior Court, Justice of the Infe- 
 mentTn^his" rior Court, or Justice of the Peace, may co^ifess a judgment in 
 
 own court , . 
 
 his own court. 
 Eifihtof §3520. Either party has a right to confess a judgment with- 
 
 anVaifpeal out the couscnt of liis adversary, and appeal from such confession 
 th«refrom. ^jj-Jjqj^j; rescrviuo; the right so to do. 
 
PT. 3. — TIT. 4.— CHAP. 1. — Verdict and Judgment. 661 
 
 Article 7. — Of Dormant Judgments and Revival thereof. 
 
 APvTICLE YII. 
 
 OF DORMANT JUDGMKNTS AND REYIVAL THP:RK0F. 
 
 Section. 'Skctiox. 
 ^521. Judgments need no renewal. 3525. From wlicnco issued. 
 
 3522. Revival of dormant judgments. I 3526. Revival against non-residents. 
 
 .'?.523. Debt on dormant judgments. I 3527. Judgment— when taken. 
 
 3524. ^c*re/aa'o-s to revive. I 3528. jSc»>e /ac?<w in favor of assignee. 
 
 S3521. Judocmeiits need not be renewed c»n the court roll. Need not b« 
 
 o D renewed. 
 
 ^3522. When any iuderment obtained in any court of this Dormant. 
 
 ^ . , ,, 1 -1 1 1 J T- judgments 
 
 State IS or shall become dormant, the same n)ay be renewed by may be re 
 action of debt or scire facias at the option of the plaintiff. 
 
 § 3523. If the action of debt be adopted, it must ])e 1>i'0"glit ^^^t^"^''^^^ 
 in the county where the defendant resides at the commencement ^jj^'^^^j^*"^® 
 of the action. 
 
 §3524. Scire faei(h'< to revive a judgment is not an original '*'>«/«''''a« 
 action, but the continuation of the suit in which the judgment 
 was obtained. 
 
 §3525. A. ncire facias to revive a dormant judgment in \\\e .scire /aeian 
 Superior or Inferior Courts, must issue from and be returnable where to is- 
 
 1 .• 1 • 1 • 1 1 • 1 1 i. • J sue from, &« 
 
 to the court oi the county m which the judgment was obtamea, 
 shall be directed to all and singular the Sheriffs of this State, 
 and signed by the Clerk of such court, who shall make out copies 
 thereof, which shall be served by the Sheriii' of the county in 
 which the party to be notified may reside, twenty days before 
 the sitting of the court to which it is made returnable, and the 
 original returned to the Clerk of the court from which it issued 
 and an original and copy shall issue for each county in which 
 any party to be notified may reside. 
 
 ^ 3526. If the defendant, or party to be notified, resides out of iicvivai of 
 this State, a dormant judgment may be revived against such de- agafnst non- 
 
 c -t 1 . ''"•11 " • 1 • residents. 
 
 lendant or his representative, by such process as is now issued m 
 cases where the defendant resides in this State ; Promded^ the 
 defendant or party to be notified be served with scire facias^ by 
 publication in some public gazette of this State, once a month 
 for four months previous to the term of the court at wdiicli it is 
 intended to revive said judgment; which service shall be as effec- 
 tual in all cases as if the defendant or person to be notified had 
 been personally served. 
 
 § 3527. In all cases of scire facias to revive a judgment, when 
 service has been perfected as herein provided, such judgment 
 
662 PT. 3. — TIT. 4. — CHAP. 1. — Verdict and Judgment. 
 
 Article 7. — Of Dormant Judgments and Revival thereof. 
 
 Judgment of may be revived, on motion, at the tirst term without the inter- 
 whenVbe vcntion of a jury, unless the defendant shall put in an issuable 
 
 plea, in which case the defendant shall be entitled to a trial by 
 
 a jury as in other cases. 
 Scire facioH §3528. The «a>d /acias, wliGU the judgment has been trans- 
 n favor of feared, shall issue in the name of tlie original plaintifl' for the use 
 
 assignee. ^ ^ r? i 
 
 of the transferee. 
 
 TITLE V. 
 
 OF APPEALS. 
 
 CHAPTEPv I. 
 
 OF APPKAIA 
 
 Article 1. In what cases allowed. 
 
 Article 2. When, by whom, and how entered. 
 
 Article 3. Effect of appeals. 
 
 Article 4. How and when tried. 
 
 ARTICLE I. 
 
 IN WHAT CASKS ALLOWED. 
 
 Section. Section. 
 
 3529. When either party may appeal. 3531. No appeal on collateral issuer. 
 
 3530. Appeal from Court of Ordinary. ! 3532. How collateral issues tried. 
 
 Either party § 3529. In all civil cases (except as hereinafter provided) 
 
 may appea . ^^^^xq^xi a vcrdict is rendered in the Inferior Court, or by a petit 
 
 jury in the Superior Court, and on all confessions of judgments 
 
 in either of said courts, either party may, as a matter of right, 
 
 enter an appeal. 
 
 An appeal § 3530. An appeal lies to the Superior Court from any deci- 
 
 citiou"^ Or- sion made bv the Court of Ordinary, except an order appointing 
 
 dinary. ' , . . 
 
 a temporary administrator. 
 No appeal § 3531. Ko appeal shall be allowed in collateral issues ordered 
 lowed on ' by the court ; but the Superior Court may, in its discretion, grant 
 OTee! ^^ ^ a new trial upon such terms as shall appear reasonable and just ; 
 and when such collateral issue is tried in the Inferior Court, if 
 eaid court is dissatisfied with the verdict, they may permit an ap- 
 peal to the Superior Court, at their discretion. 
 
PT. 3.— TIT. 5.— CHAP. 1.— Appeals. 663 
 
 Article 1. — In what cases allowed. 
 
 §3532. All collateral issues in the Superior Court, unless How such is- 
 
 ,,.,,.. -»-r sues shall be 
 
 otherwise directed by law, shall be tried by a special jury. No tried. 
 appeal shall be allowed on a verdict rendered on a dilatory plea 
 filed, unless by express leave of the court, granted on motion. 
 
 ARTICLE 11. 
 
 WHEN, BY WHOM AND HOW ENTERED. 
 
 Section. 
 
 3533. When appeal shall be entered. 
 
 3534. Sundays and holidays not counted. 
 3635. By whom appeal may be entered. 
 
 3536. Cost must be paid and bond given. 
 
 3537. Attorney may sign for principal. 
 
 3538. By joint contractors & corporations. 
 
 3539. One or more may appeal. j 3547. Appeals from Inferior Court 
 
 3540. Wlio and how liable on appeal. I 
 
 Section'. 
 
 3541. Security paying debt has re€ourse. 
 
 3542. Executors, &c. need not pay costs. 
 
 3543. Insolvent may appeal by afiSdavit. 
 
 3544. Appeals from Ordinary, costs paid. 
 
 3545. Ordinary to send up proceedings. 
 
 3546. Application made to Clerks. 
 
 § 3533. Appeals to the Superior Court must be entered within Most bo e«- 
 four days after the adjournment of the Court in which the verdict four'drys. ° 
 or judgment was rendered. 
 
 §3534. Sundays and holidays shall in no case be included in Sundays, &c 
 the computation of the time within which an appeal shall be'^'"^'^''^^ 
 entered. 
 
 § 3535. An appeal may be entered by the plaintiff or defendant May be en- 
 in person, or by his attorney at law or in fact, and if by the lat- tJie'rVrty or 
 ter, he must be authorized in writing, which authority shall be^^ a"on»y. 
 filed in the court in which the case is pending at the time such 
 appeal is entered ; but if it is shown to the court that such author- 
 ity exists, such court may allow a reasonable time to file the 
 same, and such appeal shall be dismissed and execution issue 
 without further order; if such authority is not filed within 
 the time allowed, a ratification of an appeal, unauthorized, if 
 made in writing, and filed in the Clerk's ofiice before the next 
 term of the Court, shall render the appeal valid. 
 
 §3536. The appellant (except as hereinafter provided) shall, Appellant 
 previous to obtaining such appeal, pay all costs which may havecosf^"^ 
 accrued in the case up to the time of entering such appeal, and 
 give bond and security for the eventual condemnation money. 
 
 § 3537. If such appeal shall be entered by the attorney at law Attorney 
 
 , , '■ ^ •' " may sign for 
 
 or in tact, he may sign the name of the principal to said appeal p'-'ncipai. 
 
664 FT. 3.— TIT. 5.— CHAP. 1.— Appeals. 
 
 Article 2. — When, by whom and how Entered. 
 
 bond, and the principal shall be bound thereby as though he had 
 signed it himself. 
 Any partner § 353S. When sevcral partners or joint contractors sue or are 
 tractor*may sued as sucli, auy one of said partners or joint contractors may 
 ^^^^'^ enter an appeal in the name of such iirni or joint contractors, and 
 sign the name of such firm or joint contractors to the bond re- 
 quired by law, which shall be binding on the firm, and such joint 
 contractors, as though they had signed it themselves ; and in case 
 Corporations of corporations, the appeal may be entered by the President or 
 
 may appeal ^ i . • i i 
 
 by President any agcut tlicrcof managing the case, or by the attorney of 
 
 record. 
 One or more §3530. Whcu tlicrc sliall be more than one partv, i^laintift' or 
 
 may appeal. , , , . • i • i • • *'• i » i 
 
 defendant, and one or more of said parties, piaintin or defendant, 
 desires to appeal, and the others refuse or fail to appeal, such party, 
 plaintiff or defendant, desiring to appeal may enter an appeal 
 under such rules and regulations as are i)rovided in this Code. 
 All shall i.e §3540. Ui)on tlie appeal of either party, idaintiff or defendant, 
 
 bound l.yli- * . , , . , ^ . . 1,1 1,1,, 
 
 nai jndK- Hs pi'ovidcd ill the previous section, tlie whole record sliall be 
 
 ment ^ , , , 
 
 taken up and all shall be bound by the final judgment, but in 
 case damages shall l)c awarded upon such appeal, sucli diimages 
 shall onl}' be recovered against the party appealing and his secu- 
 rit}', and not against the party failing or refusing to appeal. 
 Security lias §3541. Sucli sccui'ity shall be bouud for the iudgment on the 
 
 recourse '- "^ J r< 
 
 against the appeal, aiid ill casG any sucli sccurity sliall bo compelled to pay 
 off the debt or damages for which judgment may be entered in 
 the cause, he shall have recourse only against the party for whom 
 he became security. 
 
 Executors, §3542. Exccutoi's, administrators, and other trustees, when 
 
 Ac. may ap- " n -i 
 
 peal without sued as such, or defendiiifr solelvthe title of the estate, may enter 
 
 paying costs, ; ... . 
 
 *«• an appeal without paying costs and giving bond and security as 
 
 hereinbefore required ; but if a judgment should be obtained 
 against such executor, administrator or other trustee, and not the 
 assets of the estate, he mu.-it pay costs and give security as in 
 other eases. 
 
 When party § 3543. Wlicu auv partv, plaintiff or defendant, in an}' suit at 
 
 is unable to , . • i" 1 1 i " , i i • 
 
 pay cost, &c law, or 111 equity, sJialJ be unable to pay costs and give security 
 as hereinbefore required, if such party will make and file an affi- 
 davit in writing that he is advised and believes that he has good 
 cause of appeal, and that owing to his poverty he is unable to pay 
 the costs and give the security required by law in cases of appeal, 
 
FT. 3.— TIT. 5.— CHAP. 1.— Aiteals. 
 
 Article 2. — When, by whom and how Entered. 
 
 such party shall be permitted* to enter an appeal without the 
 payment of costs or giving security as hereinbefore required. 
 
 § 3544. In all cases in the Court ot Ordinary, tlie partv desir- From Or<ii- 
 msc to appeal, nis attorney at law or in lact, sliall pay all costs must be 
 
 1 1 1 1-1 1 1 • 1 ^ T paid. Ac. 
 
 that may have accrued and give bond and security to the Ordinary 
 for such furtlicr costs as may accrue by reason of sucli appeal ; 
 this being done, the appeal shall be entered. 
 
 § 3545. When an appeal has been entered in the Court of Or- Must be 
 dinary, it shall be the duty of such Ordinary to transmit the same ten days be- 
 to the Clerk of the Superior Court of the county in which such 
 proceedings may have been had, at least ten days before the next 
 Superior Court of said county, to be there tried as other appeals. 
 
 § 3540. All applications to enter an appeal in the Superior or Application 
 Inferior Courts shall be made to the Clerks respectively, except in made to the 
 collateral issues tried in the Inferior Court by order of the court, 
 in which case tlic application must be made to said court. 
 
 S 3547. When an apijeal shall be entered from a verdict in the ho^ t^ns- 
 
 " , '^ ^ mittod from 
 
 Inferior Court, it shall be the duty of the Clerk thereof to trans- inferior to 
 
 ' •' .Superior Ct. 
 
 nut the same to the Clerk of the Superior Court of the county in 
 which the verdict was obtained, by whom it shall be entered on 
 the appeal docket and there tried as other appeals. 
 
 AKTICLE III. 
 
 EFFECT OF APPEAL. 
 
 Section. jSectiox. 
 
 3548. Investigation on appeal. ' .^550. Appeals — how withdrawn. 
 
 3549. Appeal suspends judgment. 
 
 § 354S. An appeal to the Superior Court is a de novo investi- Appeal de 
 
 Ti- 111 1. 1 -1 ^"^"^ inves- 
 
 ffation. It brings up the whole record from the court below, and tisation ot 
 
 -,■, .,.,..,, whole case. 
 
 all competent evidence is admissible on the trial thereof, whether 
 adduced on a former trial or not ; either party is entitled to be 
 heard on the whole merits of the case. 
 
 §3549. An appeal suspends, but does not vacate judgment, Effects of 
 and if dismissed or withdrawn, the rights of all the parties are*^^*' 
 the same as if no appeal had l)een entered. 
 
 § 3550. No person shall be allowed to withdraw an appeal after cannot be 
 it shall be entered, but by the consent of the adverse party. 
 
^i 
 
 FT. 3.— TIT. 5.— CHAP. 1.— AprEALS. 
 
 Article 4. — How and when Tried. 
 
 AETICLE IV. 
 
 HOW AND WHEN TRIED. 
 
 Section. ' Sectiox. 
 
 3551. Trial of appeals. j 3552. Frivolous appeals. 
 
 Tried by § 3551. All appeals to the Superior Courts shall be tried by a 
 
 specia J"'^- gpg^-^l j^^j.^, ^^ ^jjg gj.gj. ^gj.j-j^ after tlie appeal has been entered^ 
 
 unless good cause be shown for a continuanoe. 
 Damages for §3552, If upon tlio trial of au}' a))i»eal it shall appear to the 
 peals. jury tliat the appeal was frivolous and intended for delay only, 
 they shall assess damages against the ajipcllant and liis security^ 
 (if any) in favor of the respondent for sucli delay, not e.xceeding 
 twenty-five per cent, on the principal suni which tliey shall find 
 due, which damages shall be specially noted in their verdict. 
 
 TITLE VI. 
 
 OP EXECUTIONS. 
 Chaptek 1. Of Different kind of executions. 
 Chapter 2. Of the stay of executions. 
 Chapter 3. Of the illegality of executions. 
 CuAi'TER 4. Of forthcomino: bonds. 
 
 CHAPTER I. 
 
 OF DIFFERENT KINDS OF EXECUTIONS. 
 
 Article 1. When and how issued and returned. 
 
 Article 2. Of tlie levy and proceedings thereon. 
 
 Article 3. Of sales under execution — when and how made. 
 
 Article 4. Of the satisfaction of executions. 
 
 APwTICLE I. 
 
 WHEN AND HOW ISSUED AND RETURNED. 
 
 Section. ; Section. 
 
 3553. How issued and on what levied. 3558. Must follow the judgment. 
 
 3554. When Sheriff is a party. 3559. Ejectment — writ of possession. 
 
 3555. Affidavit to obtain ca. sa. ."560. Not to issue against 3d person.a 
 
 3556. When yz. /(I. or ca. 5a may issue. 3561. Judge may frame executions. 
 
 3557. Returnable to next term. 
 
PT. 3.— TIT. 6.— CHAP. 1.— Executions. 667 
 
 Article 1. — When and how Issued and Reiiirned. 
 
 § 3653. Executions (except as hereinafter provided) shall be is- Exccntions 
 
 11 1 y^i 1 11 1 • 1 • 1 ■ 1 must be is- 
 
 sued by the Clerks ot the several courts in which luderment shall s'>»<i by ih» 
 
 *'. . , ^ clerks, bear 
 
 be obtained, and bear test in the name ot one of the Judges or tost in the 
 
 ~ name of 
 
 presidinfr Justices of such court, and sliall bear date from the •'"''?'' <>■• 
 
 , . •Instico, and 
 
 time of their issuing, and, (except as hereinafter provided,) shall ||^*}^*^**ct<'^^ 
 be directerl ''to all and singular the Sheriffs of this State and '"'»• 
 their lawful deputies," and may be levied on all the estate, bothon what to 
 real and personal, of the defendant, subject to levy and sale, ^^ '*^'**^" 
 or they may issue as-ainst the bodv of such defendant at the op- ^''»7 's^"* 
 
 '' -^ ^ .' X against the 
 
 tion of the plaintiff or his attorney. ^'"^y- 
 
 § 3554. All executions, orders, decrees, attachments for con- when sher- 
 tempt and final process, to be issued by the Clerks of the Supe-t-be direct- 
 
 • T !• • /^ ' . f- • r^-, m ^ ed to C«ro- 
 
 rior or inferior Courts in favor of or against any Sheriff of this •'<''• "n"^ »» 
 
 1-^ other Sher 
 
 State, shall be directed to the Coroner of the county in which ''''»• 
 said Sheriff may reside, and to all and singular the Sheriffs of 
 the State, except the Sheriff of the county in which the inter- 
 ested Sheriff may reside, which may be levied, served and re- 
 turned by the Coroner or other Sheriff, or a Constable of the May be 
 county, at tlie option of the plaintiff or tlie party seeking the c^rstabie.* 
 remedy. 
 
 § 3555. When the plaintiff, or his attorney, desires an execu- Afti.iavit to 
 tion against the body of a defendant, the plaintiff shall file with cutfdn a-''*' 
 the Clerk of such court or with the Justice of the Peace, as theb'oTy. 
 case may be, an aiSdavit stating that he has just cause to believe 
 that the defendant has money or property of his own, within his 
 power or control, which cannot be reached by Ji. fa. (other than 
 that allowed by law,) or that the defendant has property beyond 
 the jurisdiction of the court in which the judgment was ob- 
 tained, or that the defendant is able, out of his own property, to 
 pay the plaintiff's debt, and willfully refuses so to do, and in ev- 
 ery case the affidavit must state of what the property consists, 
 and particularly describe the same. 
 
 § 3556. A Ji\ fa. or ea. sa. may issue at any time after a yer- M./a.or*a. 
 diet is rendered and judgment entered thereon, but if it is issued IVltlny' 
 before the expiration of the time allowed for entering an appeal, wlTle sus- 
 the same will be suspended on tlie entering of an appeal by ei- IiT-peaf ^^ 
 ther party. 
 
 § 3557. All executions, except as otherwise provided by this iietumaiie 
 Code, shall be made returnable to the next term of the court""'' 
 from which they issued respectively. 
 
668 FT. 3.— TIT. 6.— CHAP. 1.— Executions. 
 
 Article 1. — When and how Issued and Returned. 
 
 Mast follow § 3558. All executions must follow the judgment from which 
 men " ^ thev issued, and describe the parties thereto as described in such 
 
 judgment. 
 Upon judg- §3559. When a verdict in ejectment shall be rendered in fa- 
 ejectment vor of the plaintiff, and a ludgment entered thereon, the Clerk 
 
 cases, writ '■ •, ,, . . ,. . • i • i i y-^ii i 
 
 of posses- of such court shall issue a writ oi possession, in which the Clerk 
 
 sion issues , • i 01 • y> 
 
 with a clause g]i all incoi'poratc a clause directini' the Sherili to collect, by levy 
 
 to collect i " ' y »/ 
 
 "lesnCjPro- j^jjj ^r^jg (jf ti^. defendant's property, all such sums of money 
 *^^^- as by the finding of the jury shall luivc been awarded to such 
 
 plaintiff in ejectment as mesne profits and costs. 
 Writs of 8 3560. The writ of possession shall not issue against third 
 
 jiossession '-' ,•'■, ^ • i 1 • > 
 
 not to issue persous iiot kuowu in the suit on Avhich such writ ot possession 
 
 against 8(1 •' ^ _ ^ _ •' 
 
 vorsons. jc- fouudcd, iior put in possession by, nor claiming under or by 
 
 virtue of, any conveyance from the defendant in such suit. 
 TboJudpe S3561. The Judge of any Superior Court may frame and 
 
 may frame ^ , . , , , ^, 1 ... . 
 
 4-xecutionf. causc to bc issucd by tlie Clerk, any writ ot execution to carry 
 into effect any lawful judgment or decree rendered in his court. 
 
 ARTICLE II. 
 
 OF CA. SAS.—UOV; EXECUTED. AND PROCEEDINGS THEREON. 
 Section. Section. 
 
 .'5562. Ca. .srt. returned, _fi. fa. may issue. 
 3563. Defendant may be released — how. 
 
 3566. Place of arrest and imprisonment. 
 
 3567. Damages for escapes. 
 
 3561. Di.ichargo of person no satisfact'n. j 3568. From insufficient jaiJ, Co. liable. 
 3565. When defendant escapes. 
 
 <«r. M.mav §3562. Wlicu a ca. sa. shall have issued, and the same shall 
 and /./<:. uot havc bccu cxccuted, an execution may issue against the 
 
 property of the defendant on the return of said ca. sa. 
 whendefon- §3563, Whcii a t'ff. 6a. sliall havc been served, the party on 
 rc^ed!he ^vhom the same shall have been served, shall be released, provi- 
 leMedon^ dcd he shall deliv^er to the officer serving the same, property 
 propertV to wliich will, iu the opinion of such officer, be sufficient to satisfy 
 enfficicnt'to thc debt and all costs, and give bond and sufficient security to 
 and costs, tlic officcr making the arrest, that the property so delivered is 
 
 7>07ia fide the property of the defendant and subject to no prior 
 Officer to lien to the discharge of the said debt and costs ; in which case 
 ^/a?and the officcr shall return the ca. sa. so issued, and take out an exe- 
 eei^theprop- ^^^^tion agaiust the property of such defendant and advertise and 
 
 sell the property so delivered up, to satisfy such execution and 
 
 all costs. 
 
PT. 3.— TIT. t).— CHAP. 1.— Executions. 669 
 
 Article 2. — Of Ca, Sa's. — how Executed and Proceedings thereon. 
 
 §3564. In all cases where a debtor may have been arrested Arrost and 
 under a ea. sa. and is afterwards discharged from such arrest, ei-— without 
 ther by the authority of the plaintiff or otherwise, without the i» n<>t •» sat- 
 
 111- -1 1 J T 1 1 11 isfaotion of 
 
 debt bemg paid, such arrest and discharge shall not operate as a the debt. 
 satisfaction of the debt, but the debtor's property shall still be 
 liable to the judgment as though no arrest had been made ; 
 Provided,, the otticer making such arrest shall endorse on such officer shaii 
 ca. sa. that the defendant was discharged from arrest without pay- "ITca.'sa.'^^ 
 ing the amount due on such ca. sa. The plaintiff cannot release Daintiif 
 a defendant arrested under ca. sa. so as to proceed against his [ea"8e'«uh- 
 property without the consent of such defendant. ""' *'°°®*"'^- 
 
 § 3565. Whenever any officer shall arrest a defendant on a ca. if defendant 
 .s-a. and such defendant shall make his escape, and said officer ofncIT pays 
 shall be compelled to pay the amount due on said ca. sa. by rea- \wJhl}\hly% 
 son of said escape, such officer shall have the control of thethe.^/s. /». 
 fieri fa/iias issued, or to be issued on the judgment upon which 
 said oa. sa. is founded, for the purpose of re-imbursing himself 
 out of the property of the defendant, and the said arresting offi- 
 cer shall control said fieri facias in as full and ample a manner 
 as the plaintiff in said fiei'i facias might or could have done, 
 had said ca. sa. never issued, or had the money due on said 
 judgment not have been paid by such officer ; Pravided, that the 
 court, by whose order or judgment such officer shall be required r.y order of 
 to pay the amount due, shall pass an order giving such control. ^""'■'■ 
 
 § 3566. Whenever any decree, order, ca. sa., attachment for 
 
 " 1 M 1 Ollicer may 
 
 contempt or other hnal process, directed as required by this Code, ="'•'■«* wher- 
 
 iniii'ii ever deten- 
 
 shall be placed in the hands of any Sheriff' or other arrestiuix 'i'"'^*'""^^ 
 
 ^ ^ -^ f^ found. 
 
 officer, and under and by virtue of said process it shall become 
 the duty, under the laws of this State, for said Sheriff or other 
 officer to imprison any defendant or other delinquent, it shall be 
 the duty of such Sheriff or other officer to arrest such delinquent 
 wherever found, and it shall be his duty to imprison him in the And im- 
 county where such arrest was made, or in the county where the thli"t"c..unty 
 arresting officer may reside, at the option of the party requiring ty of' thT^-* 
 the services of such Sheriff or other officer. If there is no jail, Zl]'"" "* 
 or the jail is insufficient, the person arrested may be imprisoned 
 in the jail of an adjoining county. 
 
 § 3567. In all cases of escape of persons arrested for debt, by a in cases of 
 Sheriff or other officer, the measure of damages for the plaintiff'm'Xr' of 
 against the officer, shall be the actual loss sustained by the plain- av"^'n,sTtiie 
 tiff, unless it shall appear that the officer voluntarily permitted nctimi loss.* 
 
g70 FT. 3. — TIT. 6. — CHAP. 1. — Executions. 
 
 Article 2. Of Ca. Sa's. — how Executed and Proceedings thereon. 
 
 the escape, or connived at it, or was guilty of great negligence, 
 in wliicli case he shall pay the fall amount due to the plaintifi'. 
 Escape by § 3568. If the escape was effected by reason of the insutiiciency 
 Tnsuffidencyof the jail, the creditor may recover of the county the same 
 Ti&e!"" amount which he could have recovered of the Sheriff for an in- 
 voluntary escape. 
 
 ARTICLE III. 
 
 OF FI. FAS.— HOW LEVIKD AND PROCEEDINGS THEREON. 
 
 Section. 
 
 3572. Notice of levy on land. 
 
 3573. Land where sold exception. 
 
 3574. CcMistable IcvTing onland, Ac. 
 
 Section. 
 
 3569. What levy must contain. 
 
 3570. On what to be levied first. 
 
 3571. Growing crops exempt-exceptions 
 
 Lo must § Sbij9. The officer making a levy sliall always enter the same 
 mfert' Ac on the process by virtue of which such levy is made, and in such 
 
 entry shall plainly describe tlie property levied on, and the 
 
 amount of the interest of defendant therein. 
 Proportvin §3570. Whcu a defendant in Jl.fa. shall point out any prop- 
 Eiian't " ertv on which to levy the execution, such property being in the 
 
 first lovioil •' . ,. ^ i .L il • J i. i' 
 
 OB- hands or posession ot a person not a party to the judgment from 
 
 which such execution issued, the Sheriff or other officer shall not 
 levy thereon, but shall proceed to levy on such property as may 
 
 Defendant Tjo fouud iu the liauds and possession of the defendant, who shall 
 
 m.^y point . , •• i • 
 
 ^^. nevertheless be at liberty to point out what part ot Ins property 
 
 he may think proper, which the Sheriff or other officer shall be 
 bound to take and sell first, if the same is, iu the opinion of such 
 levyins: officer, sufficient to satisfy such judgment and costs. 
 Growing § 3571. No Sheriff' or other otlicer shall levy on any growing 
 
 b^Tevi'fi^on crop of com, wheat, oats, rye, rice, cotton, potatoes, or any other 
 tnreli."'""" crop usually raised or cultivated by the planters or farmers of 
 this State, nor sell the same until such crop shall be matured and 
 fit to be gathered; Provided, this provision shall not prevent any 
 Bseeptions. ^^^^.-^^^ officer iVom levying on and selling crops as heretofore 
 practiced in cases where the debtor absconds, or removes from 
 the county or State, or from selling growing crops with the land. 
 Lerying .n § 3572. The officcr levying on land under an execution, shall 
 ^eSe within five days thereafter leave a written notice of such levy 
 nflT« 'i»r'»- ^^,.^j^ ^j^g tenant in possession of the land, if any, or with the de- 
 fendant if in the county, or transmit such notice by mail to the 
 defendant within the time aforesaid. 
 
FT. 3.— TIT. 6.— CHAP. 1.— Executions. 671 
 
 Article 3. — Fi. Fa's. — how Levied and Proceedings thereon. 
 
 § 3573. A Sherift* or other levyino; officer shall not sell land out officomotto 
 of the county in which he is Sheriff, or such officer, except when of his county 
 the defendant in execution shall own a tract or tracts of land 
 divided by the line of the county of his residence, in which case 
 it may be sold in the county of his residence, or if such tract of 
 land is in other than that of the defendant's residence, it may be .. 
 
 ' ■' Notice of 
 
 levied on and sold in either county; and in all cases of levvino- '•:'>'"'»»•■ ^e 
 
 " ' . r" given. 
 
 on land, written notice of such levy must be giveu to the tenant 
 in possession, and to the defendant if not in possession. 
 
 § 3574. No Constable (except as provided by this Code) shall wi.on mii 
 be authorized to levy on any real estate or negroes, unless there ^rols" sITaiT 
 is no other personal estate to be found sufficient to satisfy the "Ik ^*''''^'"'*' 
 debt, or such real estate or negroes being in the possession of the 
 defendant, were pointed out by such deferi<fant, which he has a 
 right to do, and then such Constable is authorized to lev^y on such 
 real estate or negroes, if to be foi-nid in his countv, and deliver 
 
 , . 1 oi -A' /• 1 ' Hunt roturn 
 
 over the execution to the fehenii ot the countv, with a return of ^^fotion to 
 
 1 1-1 1111 ' Slu'ritl'. 
 
 the property levied upon, who shall proceed to advertise and sell 
 the same as in case of levies made bv himself 
 
 ARTICLE IV. 
 
 OF SALES FNDER P:X1CCUTI0X— WHEN AXD WHERE MA.DE. 
 
 Section. iSectton. 
 
 3575. Place, time, and manner of sales. .loSO. "U'idrnv claiming dower and lessee, 
 
 3576. Notice of Sheriff sales. 358L Execution for purchase money. 
 
 3577. Change of advertising. | 3582. Purchaser failing to comply. 
 
 3578. Purchaser to be put in possession.!' 3583. Action against purchaser. 
 
 3579. May be obtained by order of court. 1 . 
 
 §3575. No sales shall be made by Sheriffs or Coroners, of nace. time 
 property taken under execution, but at the court-house of the"? ^'^"'-•s"''^' 
 county where such levy was made, on the first Tuesday in each 
 month, and between the hours of ten A. M., and four P. M. and 
 at public outcry. 
 
 § 3570. It shall be the duty of the Sherift* and Coroners to give Thirty days' 
 thirty days' notice in some newspaper published in their counties ^'i'"'-'iff'» 
 respectively, and if there be no such paper published in the s^'^®'-'' 
 county, then in the nearest newspaper having the laro-est or a 
 general circulation in such county, of all such sales of land and 
 other property executed by him, in which advertisement he shall 
 ^ve a full and complete description of the property to be sold, 
 
072 FT. 3.— TIT. 6.— CHAP. 1.— Executions. 
 
 Article 4. — Of Sales under Execution — when and how made. 
 
 "I maldno: known the name of the plaintiff and defendant, and the 
 
 What cattle » • x« i 
 
 mayb« sold p^j-gQ^ who may be in the possession ot such property ; except 
 
 days' notice. }jQj,ggg^ ]^ogs and cattle, which maybe sold at any time by the 
 
 consent of the defendant. In which case it shall be the ditty of 
 
 such officer to give the plaintiff ten days' notice thereof, and also 
 
 to advertise the same at three or more public places in the county 
 
 where such property may be, at least ten days before the sale. 
 
 Notice of §3577. No Sheriff, Coroner, or other officer shall change the 
 
 b^gi^ve""** advertising connected with his office from one pa])er to another, 
 
 without first giving notice of his intention to do so in the paper 
 
 in which his advertisements may have been pul)lished. 
 
 Officer sell- §3578. Whcii auy Sheriff or otlicr officer shall sell uiiv real 
 
 ing real cs- ' , ,•' -i i • •inii'i 
 
 tate shall estatc, by virtue of, and under anv execution, it shall be tlieduty 
 ersinpos of sucli Slierm, or other levying officer, upon application, to put 
 
 session. ' ./ c7 i x ± ^ x 
 
 the purchaser, his ao;ent or attorney in possession of the real es- 
 tate sold ; J'rovided, that the provisions of this Code shall not 
 authorize the officer to turn out any other person than the defen- 
 dant, his heirs or their tenants or assignees since the judgment. 
 Possession § 3^79. If tlic purcliascr of real estate at Sheriff's and other 
 toi"ed i"y^or- Sidles uudcr cxecutioii, shall fail to make application for possession 
 do'i' conrr thereof until the next term of tlie Superior Court after such sale 
 takes place, or until the officjer m.nflcing such sale goes out of of- 
 fice, such possession can only be obtained under an order of said 
 Superior Court. 
 Widow and § 3580. The widow of the defendant claiming dower cannot be 
 noTbcTs" dispossessed of the mansion, nor can a lessee whose lease is older 
 possessed. ^\^^^^ ^]^q judgment under which the sale was made, be dispos- 
 sessed under the provisions of the two precceding sections, 
 whenjudg- §3581. When any judgment shall be rendered in any of the 
 betn'uittain- courts of this State upon any note, or other evidence of debt given 
 purohaso'^^ for tlic purchasc money of land, when titles have not been made 
 ™nd!'where but a boud for titles given, it shall and may be lawful for the obli- 
 tiesVs"^ '' gor in said bond to make and tile, and have recorded in the Clerk's 
 deed may be office of the Supcrior Court of the county wherein the land lies, 
 rior Court a good aud sufficient deed of conveyance to the defendant for said 
 lice, and the land, aud if the said obligor be dead, then his executor or admin- 
 istrator may, in like manner, make and file such deed, without 
 obtaining an order of the court for that purpose ; whereupon the 
 same may be levied on and sold under said judgment as in other 
 cases ; Provided^ that the said judgment shall take lien upon the 
 
FT. 3.— TIT. 6.— CHAP. 1.— Executions. 673 
 
 Article 4.— Of Sales under Execution — when and how made. 
 
 land prior to an}' other judgment or incumbrance aj^ainst theThisjudg- 
 
 , ^ , , ment takea 
 
 deienuant. pnoriicn. 
 
 § 3582. Any person who may become the purchaser of any real purchaser at 
 or personal estate at an}' sale which may be made at public out- ^ocutior 
 cry by any Sheriff or other oflScer, under and by virtue of any oom"fv?s 
 execution or other legal process, and shall fail or refuse to comply thefuir 
 with the terms of such sale when requested so to do, shall be lia-puniiasc, or 
 ble for the amount of such purchase money, and it shall be at the^■yona^e- 
 option ot such bheriiT or otlier oincer, either to proceed against t'<"i of oia- 
 such purchaser for the full amount of the purchase money, or 
 to re-sell such real or personal estate and then proceed against 
 the first purchaser for the deficiency arising from such sale. 
 
 § 3583. The action provided for in the preceding section may Fm-m of ac- 
 he brought in the name of the Sheriff or other officer making the Mrh^puroha- 
 sale, for the use of the plaintiff" or defendant in execution, or any *^' 
 other person in interest as the case may be. 
 
 ARTICLE A'. 
 
 OP THE SATISFACTION OF EXECUTIONS. 
 
 Section. i Section. 
 
 3684. Levy on personalty uuexplained. j 358G. Fund applied to younger /j. /a. 
 3585. Release of property subject. I 3587. Agreement not to enforce judgment 
 
 §3584. A levy upon personal property sufficient to pay thcAievyoa 
 debt unaccounted for, is prima facie evidence of satisfaction to p'l^hlZ^&l 
 the extent of the value of such property, and the dismissal of un'iessli^"' 
 such levy unexplained is an abandonment of the lien so far as''^""^ 
 third persons are concerned. 
 
 § 3585. If the plaintiff in execution for a valuable consideration a r.i.Me of 
 releases property which is subject thereto, it is a satisfaction of subjoJt^ 
 such execution to the extent of the value of the property so rc-tiouofX'/a. 
 leased, so far as purchasers and creditors are concerned. 
 
 § 35SG. If an execution creditor, having the older lien on a fund Aiiowin- 
 in the hands of the Sheriff or other officer, allows such fund by appii'a t^' 
 his consent to be applied to a younger ^./k, it shall be consider- ^xtlnluyh- 
 ed an extinguishment ^^ro taiito of such creditor's lieu so far as ti"r>. /a! " 
 third persons may be concerned. 
 
 §3587. An agreement for a valuable consideration never to ^^e^-'^nent 
 enforce a judgment or execution, releases the iudo-ineut or '"''=«' '••^'eas- 
 
 *• '=' e» judgment 
 
 execution. wji./u. 
 
 43 
 
674 PT. 3.— TIT. 6.— Executions. 
 
 Chapter 2 — Of the Stay of Executions. 
 
 CHAPTER II. 
 
 OF THE STAY OF EXECUTIONS. 
 
 Sectiox. 1 Section. 
 
 3588. Defendant m'ay stay execution. I .T590. Security to have control — whoa. 
 
 3589. Fi. fa. to be stayed 60 days. 
 
 Defendant § 3588. In all CRses in the Superior or Inferior Court where a 
 "on"d?nd 80- verdict shall be rendered, the party against whom the same maj 
 ^ymeo be, may, cither in open court or in the Clerk's office, within four 
 *^^^' days after the adjournment thereof, enter into bond with good 
 and sufficient security, for the payment of such verdict or judg- 
 ment and costs within sixty days. 
 Bond and §3580. Boud and security beinir given as provided in the pro- 
 fng"pi*"-^n.* ceding section, the verdict and judgment, or the execution there- 
 be*8toyod. *on, sliall be suspended for the said sixty days, and if the party 
 shall fail to pay the said verdict or judgment within that time, 
 execution shall then issue again.>^t such party and his security 
 without farther proceedings thereon. 
 Hecnrityto §3500. The sccurity paying t^tf such judgment or execution, 
 ' shall have control thereof 
 
 CIIAPTEll III. 
 
 OF THE ILLEGALITY OF EXECUTIONS. 
 
 Section. Section. 
 
 3591. Illegality — how taken. 3595. May be sold under other /?» /a*. 
 
 3592. No illefrality before lo\y and arrest.; 3596. Who may file affidavit. 
 
 3593. Proceedings stayed, aud returned, i 3597. Illcprality not to go behind judgment 
 • 3594. Damages if for delay ouly. '■ 
 
 Execution §3501. "WHicu au cxccution against the property or against the 
 i^Ve'piHy may l^ody of any person shall issue illegally, or shall be proceeding 
 by^afllTavit illegally, and such execution shall be levied on property or the 
 stating"*^ body of the defendant shall be arrested by virtue thereof, such 
 to'i2'giv"en. pcrson uiav make oath in writing, and shall state the cause of 
 such illegality and deliver the same to the Sherifi' or other execu- 
 ting officer, as the case may be, together with bond and good se- 
 curity for the forthcoming of such property as provided by this 
 Code, or for the appearance of the defendant as provided in cases 
 of insolvent debtors. 
 
 § 3592. Xo affidavit of illegality shall be received by any 
 
PT. 3.— TIT. 6.— Executions. ^11^675 
 
 Chapter 3. — Of the Illegality of Elxecutions. 
 
 Sheriff or other executing officer until a levy or an arrest has no affidavit 
 
 ° *' of illegality 
 
 been made, as the case may be. —when. 
 
 § 3593. Wlien the levy or arrest shall have been made, and af- Proceedings 
 fidavit and bond delivered to the officer, as herein provided, it and papers 
 shall be the duty of such officer to suspend further proceedings c^urt 
 on such execution, and return the said execution, affidavit and 
 bond, to the next term of the court from which the execution 
 issued, and it shall be the duty of said court to determine there- ^ 
 on, at the first term thereof, unless the plaintiff, or his attorney, „ 
 
 ' Til J 5 Pacts m&j 
 
 desire to controvert the facts contained in said affidavit, in which ^" ^""Z"^- 
 
 ' veit«Q. 
 
 case an issue shall be joined, which issue shall be tried by a jury ^^^y^^^^^^ 
 at the same term, unless good cause is shown for a continuance, 
 
 § 359-i. Upon the trial of an issue formed on an affidavit of il- mmages if 
 legality, filed in the Superior or Inferior Courts, the jury trying lor'deUfon- 
 the case shall have power to assess such damages, not exceeding ^' 
 twenty-five per cent., as may seem reasonable and just, upon the 
 principal debt, provided it shall be made to appear that such 
 illegality was interposed for delay only. 
 
 § 3595. When an execution has been levied on property, and Property 
 
 n% 1 • i»'n T j'li T t 1 niay be sold 
 
 an arnciavit ot illegality n led, to stay ])roceedings tliereou, the uu<ier other 
 
 ^ ' ^ 'ill! ^ • 1 11 1 executions. 
 
 property so levied on, shall be subject to levy and sale under 
 other executions, and the ofiicer making the first levy shall claim, 
 receive, hold and retain, such amount of the proceeds of the ^''ocewis to 
 
 be retained. 
 
 sale, as the court shall deem sufficient to pay the execution first 
 
 levied, including interest up to the time of the court at which 
 
 said illegality shall be determined ; and any bcmd given by the 3(.c„rity. pg. 
 
 defendant, on filing such affidavit, shall be released and dis- '^■^'*'^" 
 
 charged, so far as relates to the property sold. 
 
 § 359G. An affidavit, of illegality, may be filed by an attorney Rr whom 
 
 in fact, or an executor, administrator, or other trustee. betiw. 
 
 §3597. If the defendant has not been served, and does not when iiie- 
 
 , piiitv can- 
 
 appear, he may take advantage ot the detect, by affidavit of ille- ""tpobe- 
 
 gality ; but if he has had his day in court, he cannot go behind ment. 
 
 the judgment, bjan affidavit of Illegality. 
 
676 FT. 3.— TIT. 6.— Executions. 
 
 Chapter 4. — Of Forthcoming Bonds. 
 
 CHAPTER IV. 
 
 OF FORTHCOMING BONDS. 
 
 Section. jSectiox. 
 
 3598. Forthcomi;->g bonds may be taken. ^5600. Shall not prejudice plaintiffs. 
 
 3599. All bond.s to officers, good. 
 
 When forth- §3598. Whcii ail execution shall be levied on personal proper- 
 m^'bfgiy"-^ty, and an illegality filed thereto, as provided by this Code, and 
 *"■ the party filing such illegality desires to take or keep possession 
 
 of such property, he shall deliver to the Sherift', or other levying 
 officer, a bond, payable to the levying officer, Avith good securi- 
 ty, in a sum equal to double the value of the property so 
 levied upon, to be judged of by the levying officer, condi- 
 tioned for the delivery of the property levied upon at the 
 time and place of sale, in the event that such illegality shall be 
 dismissed by the court, or withdrawn, which bond shall be re- 
 coverable in any court having cognizance thereof. 
 Bonds taken § 3509. All bouds takou by the Sheriffs, or other executing 
 officere^Bhau officers, from the defendants in execution, for the delivery of 
 * ^° ■ property on the day of sale, or at any other time, which they 
 may have levied on, by virtue of any Ji. fa., or other legal pro- 
 cess, from any court, shall be good and valid in law, and recov- 
 erable in any court in this State having jurisdiction thereof. 
 Tho rights § 3G00. No boud, taken iu coufomiity with the previous sec- 
 in j« ./;"•""* tion shall, in any case, prejudice or affect the rights of plaintiff 
 in execution, but shall relate to, and have effect alone, between 
 the officer to whom it is given and the defendant in execution ; 
 and such officer shall, in no case, excuse himself for not having 
 made the money on an execution, by having taken such bond, 
 but shall be liable to be ruled, as now prescribed by law. 
 
PT. 3.— TIT. 7.— CHAP. 1.— Costs. 677 
 
 Article 1. — How Taxed. 
 
 TITLE YII. 
 
 COSTS IN CIVIL CASES. 
 'Chapter 1. Costs in civil cases. 
 Chaiter 2. Fees of officers of court. 
 
 CHAPTER I. 
 
 OF COSTS IN CIVIL CASKS 
 
 Artiole 1. How taxed. 
 Akticle 2. How collected. 
 
 ARTICLE I. 
 
 HOW TAXED. 
 
 Sectiok. ISbctiok. 
 
 3601. Party failing- liable lor co.sts. j .^605. Wheu costs to be paid in advance. 
 
 3602. Attorney liable for neglect. j ;!60G. Costa in slander cases. 
 
 3603. "When liable in other cases. 3607. Costs in personal actions. 
 
 3604. Cost, when recovery less than S50. 1 3608. Costs of witnesses. 
 
 §3601. In all civil cases, in any of the courts of this State, party faiuaff 
 (except as provided for bj this Code,) the party who shall dis- cots! '"" 
 continue, fail or be cast in such suit, shall be liable for the costs 
 •thereof. 
 
 § 3602. If any plaintiff shall be non-suited, or cast, by reason Attom.y u- 
 of the willful neglect or misconduct of his attorney, such attor- colt/^r 
 ney shall be liable for the costs which may have accrued in such^cr'""^" 
 •case ; and in like manner, if any defendant shall be cast, by rea- 
 son of the willful neglect or misconduct of his attorney, such at- 
 torney shall bo liable for the costs thereof. 
 
 § 3603. When any attorney shall institute a suit in any of the Attorney n- 
 courts of this State, for any person who resides out of this State, col'tsXhen 
 such attorney shall be liable to pay all costs of the officers of 
 court, in case euch suit shall be dismissed, or the plaintiff be cast 
 in his suit. 
 
 §360L When any action ex cmitractu, shall be brought to the when re- 
 Superior or Inferior Courts, and the verdict of the jury un-S?an$5(> 
 reduced, by matter of set-off, or payment pending the action, 
 shall be for a sum under fifty dollars, the defendant shall not be 
 charged with more costs than would have necessarily accrued, if 
 
678 FT. 3.— TIT. 7.— CHAP. 1.— Costs. 
 
 Article 1.— How Taxed. 
 
 such case had been before a Justice of the Peace, and the re- 
 mainder of the court charges shall be paid by the plaintiff, and 
 may be retained out of the sum recovered by the plaintiff, and, 
 if that is insufficient, judgment shall be entered by the court 
 against such plaintiff, for tlie balance. 
 Costs may § 3605. Wlicu the plaintiff and his attorney both reside out of 
 i^advXfe!*^the limits of this State, tlie proper officers may demand their 
 full costs before they shall be bound to perforin any service, in 
 any cause about to be commenced by such non-resident attorney 
 or plaintiff. 
 No more §3600. lu all actious upon the case for slanderous words, in 
 
 costs than , , ..■,.. i» ^ •/»! • in 
 
 damages— any court navmff jurisdiction ot the same, it the iury shall ren- 
 der a verdict under ten dollars, then the plaintiff in such action 
 shall have and recover no more costs than damages. 
 Costs in § 3607. In actions of assault and battery, and in all other per- 
 
 pere<>na ""=■ g^^^^l nctious, whcreiu the jury upon tlie trial thereof shall find 
 Exception, the damages to be less than ten dollars, the plaintiff shall re- 
 cover no more costs than damages, unless the Judge at the trial 
 thereof, shall find and certify on the record, that an aggravated 
 assault and battery was proved. 
 
 S 3608. No party, plaintiff or defendant, shall be liable for the 
 
 Costs of wit- o I ./ ) 1 J 
 
 nesses of ad- ('osts of all V witucss of the adverse party, unless suf;h witness 
 
 varee party. " . . 
 
 was subpcvnaed, sworn and examined on the trial of said cause,, 
 (or the plaintiff voluntarily dismisses his cause before trial) and 
 no party shall be liable for the costs of more than two witnesses 
 eJtorj)Jintto the same point, unless the court shall certify that the question 
 at issue was of such a character as rendered a greater number of 
 witnesses necessary to a single point. 
 
 Oopts not de- 
 
 ARTICLE II. 
 
 HOW COLLECTED. 
 
 Section. .Section'. 
 
 3609. When cost (Icmandable. : 3611. Plaintiff liabk^attoruey liable. 
 
 3610. Costs included in jucl.s:ment. ; 3612. .Judgment against attorney for cost: 
 
 § 3609. The manner of collecting costs in all civil cases in any 
 
 tTiraftei* of the courts in this State (except as otherwise provided in this 
 .ludgmcnt Code) shall be as follows : The several officers of courts are here- 
 by prohibited from demanding the costs in any civil case, or anjr 
 
PT. 3.— TIT. 7.— CHAP. 1.— Costs. 679 
 
 Article 2. — How Collected. 
 
 part thereof, until after judgment in the same, except as provid- 
 ed in the case of non-resident plaintiffs and attorneys. 
 
 § 3610. When a case is disposed of, the costs of the same, i^i-^^g^^'*^ 
 eluding fees of witnesses, shall be included in the judgment 
 against the party dismissing, being non-suited or cast. 
 
 §3611. If the plaintiff should recover a iudcrmcnt against the On return of 
 
 -..-. ,^.., 11 ^ ^ nulla bona. 
 
 defendant, and execution issue thereon, and the executing ofncer 
 
 shall return the same " no property to be found," a fi.fa. or ca. 
 
 sa. may issue against such plaintiff for the purpose of making 
 
 said cost out of him ; and if the plaintifi" resides out of the 
 
 State, the^'./«. shall issue against the attorney also. 
 
 § 3612. In all cases in which it is made to appear that an at- Execution 
 • T 1 1 <» 1 • • (• 1 • /-< 1 ajrainst At- 
 
 torney is liable for costs by the provisions of this Code, the court t<'>ntT for 
 
 •^ . costs. 
 
 shall, on motion, order a judgment and execution against him for 
 the same. 
 
 CHAPTER II. 
 
 FEES OF OFFICERS OF COURT. 
 
 Sbotion. i Section. 
 
 3613. Fees of Clerk of Supremo Court. 3624. Fees of Constables 
 
 3614. Judges may increase or ditniui^h. j BG25. Fees of Coroners. 
 
 3615. Fees of Sherifl' of Supreme Court. 
 
 3616. Contingent expenses of Sup'e. C't. 
 
 3617. Contingent expenses of Sup'r. C't. 
 
 3618. Fees of Ordinary. 
 
 3619. Fees of Clerks of Superior Courts. 
 
 3626. Fees of County Surveyors. 
 
 3627. Fees of County Treasurers. 
 3028. Fees of Notaries Public. 
 
 3629. Fees not to be charged to the State. 
 
 3630. Statement of fees maybe demanded. 
 
 3620. Fees of Clerks of Inferior Courts.] 3631. Charging fees unlawfully. 
 
 3621. Fees of Sheriffs. 
 
 3622. Fees of Jailors. 
 
 3623. Fees of Justices of the Peace. 
 
 3632. Table of fees to be kept in oflSce. 
 
 3633. Treble costs — suits vs. officers. 
 
 3634. Dismissal from office. 
 
 §3613. The Clerk of the Supreme Court is entitled to the fol-ye^Hofciert 
 lowing fees, to wit : ofSup.ot 
 
 For each case entered and carried to judgment $3 75 
 
 For recording bills of exception, for every 100 words . . 124- 
 
 For recording opinion 3 50 
 
 For remitter, iuchiding certificate and seal 1 25 
 
 § 361-4. The Judi!;cs of the Supreme Court may, on application.Tndeesmay 
 
 ,. . . . , J7 li diminish or 
 
 ot any practicing attorney of the court, decrease sucli bill of costs, incrws* 
 or, on the application of the Clerk, increase it, or add other 
 items thereto. Due notice in writing must be given of the ^e'^gi've™"* 
 grounds of the motion, and the decision announced by one of 
 the Judges in open court. 
 
680 PT. 3.— TIT. 7.— Costs. 
 
 Chapter 2. — Fee■^ of OflBcers of Court. 
 
 Feesofshcr- 8 3615. The Sheriff of the Supreme Court is entitled to the 
 
 iflfSnp. Ct. " , . ^ 
 
 fees following, to wit : 
 
 Mode of col- For each case entered and carried to judgement $1 25 
 
 lectiBg. Snch fee must be charged in the bill of costs, collected by the 
 
 Clerk and paid to the Sheriff. 
 e^^l^slTot § ^^1^- ^^J contingent expenses incurred in holding the sev- 
 snp. Court gral sessions of the Supreme Court, for lights, fuel, rent, and sta- 
 tionery, &c., shall be paid to the Clerk of said (!Ourt, out of the 
 State Treasury, on the certificate of the Judges thereof, as to the 
 , necessity and fact of such expenditure. 
 C!oBtingont § 3617. Any contingent expenses incurred in holding any ses- 
 SopTGonrt, sion of the Superior Court, including the above, and similar 
 items, such as taking down testimony in cases of felony, &c., 
 shall be paid out of the county treasury of such county, upon 
 the certilicate of the Judge of the Superior Court, and without 
 further order. 
 Fees of Or- § 3618. The Ordinaries are entitled to the following fees, to 
 
 For receiving application, and granting citation $1 25 
 
 For taking and recording administrators' or guardians' 
 
 bond I 00 
 
 For issuing letters of administration or letters testamen- 
 tary 1 50 
 
 For recording the same 50 
 
 For copying the same 50 
 
 For signing warrant of appraisement 50 
 
 For receiving an appraisement or sale bill, and recording 
 
 the same, if under live hundred dollars I 00 
 
 If above live hundred dollars, and under two thonsaucl 1 25 
 
 If above two thousand, and under ten thousand dollars 1 50 
 
 If above ten thousand and under twenty thousand dollars 1 75 
 
 If above twenty thousand, and under fifty thousand dol- 2 00 
 
 lars 2 00 
 
 If above fifty thousand dollars 2 50 
 
 For receiving application and granting letters dismissory, 
 
 whole service 5 00 
 
 For granting citation to show cause why administration 
 
 should not be set aside or repealed 2 00 
 
 eayeat For entering a caveat against administration being grant- 
 ed or will proven 1 25 
 
 For each copy of caveat 50 
 
FT. 3.— TIT. 7.— Costs. 681 
 
 Chapter 2. — Fees of Officers of Court. 
 
 Tor ever J marriage license 1 50 
 
 For ever}' order for sale of land, negroes, or other prop- 
 erty 50 
 
 For each copy of the same 25 
 
 For issuing letters of guardianship 1 00 
 
 For recording the same 50 
 
 For rule ni si, in each case 50 ^°-^^ "' '^ 
 
 For copy 25 
 
 For issuing process against a person for not making re- 
 turns 50 
 
 For each additional copy 25 
 
 For each subpo^.na 15 snbp<»n«. 
 
 For examining and recording returns on all estates not 
 
 worth more than two thousand dollars I 00 
 
 For all estates worth more than two, and not more than 
 
 five thousand dollars 1 25 
 
 For all estates worth more than five and not over ten 
 
 thousand dollars I 40 
 
 For all estates worth more than ten thousand dollars . . 160 
 For recording all vouchers accompanying returns of ad- 
 ministrators, executors, and guardians, per 100 words 12 
 For recording any instrument of writing not mentioned, 
 
 per 100 words 12 
 
 For proceedings to authorize titles to he made to lands 
 of deceased persons, to be paid out of the estate of the 
 
 deceased 5 00 
 
 For commission to free holders to divide estate 1 25 
 
 For each certificate and seal 60 Certifloate 
 
 and seal. 
 
 For entering an appeal and transmitting the proceedings Appeal 
 
 to the Superior Court 1 50 
 
 For registration of every free person of color, every legal 
 
 requirement included 1 00 
 
 For filing and recording an official bond 1 00 
 
 For services as treasurer of the school fund and secretary 
 of the board of education not exceeding 5 per cent. 
 
 For services in nudving settlement of accounts of any 
 executors, administrator or guardian as prescribed in 
 this Code 10 00 
 
 For each Ji. fa. issued by him 60 
 
 § 3019. The Clerks of the Superior Courts are entiled to the 
 
 following fees, to wit : 
 
682 PT. 3.— TIT. 7.— Costs. 
 
 Chapter 2. — Fees of Officers of Court 
 
 y«»e9of 1, In civil cases — 
 
 sui.erior Foi' cveiy suit Settled by the parties in vacation $2 00 
 
 •ivii cases. If settled at court or non-suited, and the recording on 
 
 minutes 3 00 
 
 For every writ where there is more tlian one defendant, 
 
 after first copy 60 
 
 For every suit commenced, and prosecuted to judgment 
 including service for recording petitition, process and 
 
 judgment 00 
 
 For every subpa^na ticket 15 
 
 For writ of partition of land and recording proceedings 5 00 
 For recording proceedings in civil cases, per hundred 
 
 words 15 
 
 For every exemplification, per 100 words 10 
 
 For recording articles of partnership under tlie law reg- 
 ulating limited partnerships 5 00 
 
 For recording incorporation of joint stock and other in- 
 corporated companies 5 00 
 
 For recording incorporation of charitable or religious as- 
 sociations 5 00 
 
 For proceedings to forfeit a charter 10 00 
 
 For recording proceedings in change of name 1 00 
 
 For furnishing and certifying any bill, process, order, &c. 
 
 in ecpiity, for publication 1 00 
 
 For recording notice of carpenters' and masons' liens .... 1 00 
 
 In trials of nuisance and recording proceedings 5 00 
 
 For rule i'^. garnishee 1 00 
 
 For issuing commission to examine witness 1 00 
 
 For recording deeds 50 
 
 For every hundred words over 300 words thereof 15 
 
 For recording any instrument of writing not specified, 
 
 per 100 words 15 
 
 For every foreclosure of any mortgage of personalty, in- 
 cluding execution and recording proceedings 3 00 
 
 For every foreclosure of an}^ mortgage of realty, inclu- 
 ding execution and recording proceedings 5 00 
 
 For every claim case 2 50 
 
 For every affidavit to hold to bail 50 
 
 For recording and copying proceedings in chancery and 
 bills of exception and transcript to the Supreme Court, 
 per 100 words 15 
 
PT. 3.— TIT. 7.— Costs. 68S 
 
 Chapter 2. — Fees of Officers of Court. 
 
 For recording remitter, order and judgment of the Su- 
 preme Court on minutes 1 00 
 
 For issuing^. /a. or ca. sa.^ each 50 
 
 For certificate and seal, eacli 50 
 
 For scire facias io make parties, original 1 50 
 
 For copies of each 1 00 
 
 For recording order on minutes 75 
 
 For issuing jury script, each 10 
 
 For inspection of books where their aid is required 25 
 
 For examination of books and abstract of result 1 00 
 
 For each appeal if settled before verdict 1 25 
 
 For each appeal if prosecuted to verdict 2 50 
 
 For entering every motion on the minutes 1 00 
 
 Whenever services are required by the law of any ofiBcer of the 
 court, and no fee for such service is prescribed, the court shall tax 
 In the bill of costs a reasonable charge therefor. 
 
 2. In criminal cases — Fees in 
 
 For all bills of indictment, if settled by the parties ornol sL. 
 prosed, including service for docketing and recording 
 
 on the minutes and all other service $3 00 
 
 For every bill of indictment, when the defendant is ar- 
 raigned, tried and found guilty, including all services 5 00 
 For transcribing record and evidence in State cases, per 
 
 100 words. . ^ 15 
 
 For recording forfeiture of bond on minutes 1 00 
 
 For issuing scire facias after forfeiture (original) 1 50 
 
 For each copy 1 00 
 
 For issuing subpoenas in State cases, each 15 
 
 § 3620. The Clerks of the Inferior Courts are entitled to the „ 
 
 followinc; fees, to wit : cierk..fth« 
 
 For each appeal to the Superior Court $2 00 ^'^^ 
 
 For every estray horse, mule, or ass, for every legal ser- 
 vice required 2 00 
 
 For every bull, ox, or cow, for all service required 1 25 
 
 For every goat, hog or sheep 30 
 
 For retailer's bond 1 00 
 
 For retailer's license 1 00 
 
 For copying and administering oath to retailer 50 
 
 For each peddler's license 1 25 
 
 For tiling and recording each bond the law requires... 1 00 
 
 For recording mark and brands 50 
 
^^ PT. 3.— TIT. 7.— Costs. 
 
 Chapter 2. — Fees of Officers of Court. 
 
 For comparing and testing weights and measures and 
 
 stamping or marking each 10 
 
 For all the proceedings for making a Notary Public .... 5 00 
 
 For any service lawfully performed that is also Y)erformable, 
 Sheriff In hy the Clerks of the Superior Courts, the same fees as said Clerks. 
 eiTii cases. g 3621. The Sheriffs are entitled to the fccs following, to-wit: 
 
 1. In civil cases — 
 For serving a copy of a process and returning original 
 
 per copy $2 00 
 
 If suit from another county 2 00 
 
 For summoning each witness 50 
 
 For summoning jury and attending trial to assess dam- 
 ages for right of way 5 00 
 
 For service in every case before a special jury 1 25 
 
 For each levy on &ing\eji.fa 2 00 
 
 For each levy if more than one, on each levied 1 00 
 
 For search and return of 7iuUa hona 1 00 
 
 For conducting a debtor under conlinement before a 
 
 judge or court L 00 
 
 For serving rule vs. garnishee 1 00 
 
 If more than one, for each additional copy 1 00 
 
 For summoning jury to try case of nuisance 3 00 
 
 For removing nuisances, such fees as the court may deem 
 
 reasonable. 
 For summoning the juries to each term to be paid by the 
 
 county 5 00 
 
 All sums when the amount collected on execution by 
 
 sale of proi>erty does not exceed fifty dollars and under, 
 
 5 per cent. 
 For all sums above fitty dollai*s and not exceeding $500, 
 
 2^ per cent. 
 For all sums exceeding five hundred dollars, 1^ per cent. 
 No commissions shall be charged unless the property is actually 
 6old. 
 
 For making out and executing titles to land 3 50 
 
 If presented by the purchaser 1 00 
 
 For making out and signing bill of sale of property .... 1 25 
 
 Provided no fee shall be allowed but for one bill of sale, when 
 it will be sufiicient to convey the property to the purchasers, un- 
 less they should otherwise require. 
 
FT. 3.— TIT. 7.— Costs. 685 
 
 Chapter 2. — ^Fees of Officers of Court. 
 
 For taking bail bonds 1 00 
 
 For forthcoming bonds 1 00 
 
 In issues on application of insolvent debtors for service 
 
 not in term time 5 00 
 
 For executing process, dispossessing tenant holding under 
 
 plea of rent -^ SO 
 
 For settling execution, if property be levied on and money 
 
 paid before sale 2 00 
 
 For keeping a horse, mare, mule or ox, per day 25 
 
 For keeping each head of neat cattle per day 5 4 
 
 For keeping sheep, goats or hogs, per day 4 ^ 
 
 For following property, with attachment, out of the 
 
 county, going and returning, per mile 5 
 
 2. In criminal cases— Ir-^^l^ 
 
 For re- committing any prisoner when a haheas corinis is *^^'- 
 
 sought for his relief 1 25 
 
 For every mile a prisoner may be removed under a ha- 
 
 hecm corpufi 25 
 
 For removing a prisoner by habeas corjnis, when no 
 
 mileage is paid, per day 2 00 
 
 For attending a person taken by warrant to the Judge's 
 
 chamber 1 00 
 
 For conducting a prisoner before a Judge, or court, to 
 
 and from jail 1 25 
 
 For executing warrant of escape 1 00 
 
 For executing and returning a bench warrant 1 25 
 
 For apprehending a person suspected, if committed or 
 
 held to bail 1 25 
 
 For each person, not exceeding two, who may be em- 
 ployed to guard a prisoner to jail, per day 1 50 
 
 For executing a criminal 10 00 
 
 For whipping, cropping or branding a criminal 5 00 
 
 S3622. Jailors are entitled to the followinfr fees, to Feesofjaii- 
 
 , o 5 ora. ^ 
 
 Wit: 
 
 For receiving prisoner or debtor 60 
 
 For turning the key or discharging the prisoner, by vir- 
 tue of habeas corpus, by order of the court. Judges 
 or Justice (JO 
 
«86 JPT. 3.— TIT. 7.— Costs. 
 
 Chapter 2. — Fees of OfiScers of Court. 
 
 For dieting a white person, per daj, allowing two 
 pounds of bread, half pound beef, or one pound pork, 
 or half pound bacon, with sufficiency of coffee and 
 water f>^ 
 
 For dieting negro criminal, per daj, allowing one quart 
 cooked rice, or half pound bread, and half pound of 
 bacon, or half pound beef, with sufficiency of water, 
 tfec 30 
 
 For dieting runaway negro, per day, allowing one pound 
 corn bread, one pound pork, or one-half pound bacon, 
 with sufficien(;y of water 30 
 
 For dieting person confined for debt, per day, allowing 
 
 a sufficiency of wholesome provisions, water, «fcc 50 
 
 For turning key on commitment of a prisoner 60 
 
 For whipping negro with consent of owner, or without, 
 
 if necessary to his behavior or safety 1 00 
 
 Not more than thirty-nine lashes at any one whipping 
 
 nor inhumanly with those, and not more than two such 
 
 whippings without the consent of the owner. 
 
 For dieting and keeping an insane slave, per month, 
 
 giving what is given a runaway slave 1.0 00 
 
 Or per day 40 
 
 cnnuty to AVhenever jail fees are chargeable to the county, the 
 
 •pay inonthir ^_^^^^ sliall bc paid monthly. 
 
 Fees of Jus- § 3(>23. Justices of the Peace shall have the following 
 
 p:rl'ici{-fees,to wit: 
 
 ji cases. -^ In civil cases — 
 
 For each case tried by said J ustices 35 
 
 For a warrant or summons 35 
 
 For affidavit to obtain an attachment or to hold to bail, 
 
 and taking the bond 75 
 
 For entering a judgment 35 
 
 For each execution, ca. sa., or attachment 35 
 
 For drawing jury and making ont list 30 
 
 For each cause tried by said jury 30 
 
 For affidavit to obtain a possessory warrant and making 
 
 out the same 75 
 
 For trying the same 60 
 
 For making out interrogatories and certifying the same 1 25 
 For making out recognizance and returning the same to 
 
 court 35 
 
PT. 3.— TIT. 7.— Costs. 687 
 
 Chapter 2. — Fees of OfBoers of Court. 
 
 For each subpoena for witness 15 
 
 For each affidavit, when there is no cause pending 30 
 
 For every writ of certiorari to the Superior Court 60 
 
 For presiding at trial of forcible entry, or detained, or 
 
 both— each trial 1 00 
 
 For presiding at each trial of right of way 1 00 
 
 For issuing rule to establish lost paper 35 
 
 For trying the same 35 
 
 For presiding at trial of nuisance t 00 
 
 For witnessing any paper 25 
 
 -^^ Incriminal cjises— ^^ ^ <*.FcosiB 
 
 For taking examination of a person charged with a cns'os"" 
 
 criminal oifence 50 ~^//^ 
 
 For examining each witness in criminal cases 30 ' 
 
 For making out a commitment 35 
 
 For trying slaves and free persons of color — for each of- 
 fence, and for all the court costs 3 00 
 
 §3024. Constables' fees shall be as follows, to wit : 
 
 " _ ' Fees of Con 
 
 For serving a warrant, summons, or attachment 35stabic8. 
 
 For each additional copy of summons, warrant, or at- 
 tachment 30 
 
 For summoning every witness 30 
 
 For each cause tried by a Justice or jury 30 
 
 For attending each trial in Justice court 35 
 
 For summoning a jury 75 
 
 For levying a ca. m. or ^fi. fa., and advertising 35 
 
 For settling f. fa. when the property is not sold 30 
 
 For return nulla' bona 30 
 
 For conveying negro under execution, to and from jail, 
 
 per day 5 
 
 For attending Superior Court, per mile 1 00 
 
 For summoning jury on inquest 1 00 
 
 For collecting execution issued by Coroner 75 
 
 For keeping a horse, mule, ass, or ox, per day 25 
 
 For each head of neat cattle 5 
 
 For sheep, goats, or hogs, per day 4 
 
 On all sales made by him, 6^ per centum on amounts 
 sold. 
 
 For attending a grand jury, per day 1 00 
 
 i 
 
688 PT. 3.— TIT. 7.— Costs. 
 
 Chapter 2. — Fees of Officers of Court 
 
 For attending grand jury, for eacli bill found, to be paid 
 
 by delinquent 30 
 
 For serving a warrant in criminal cases 1 25 
 
 For keeping and maintaining a prisoner before examina- 
 tion, not exceeding twenty-four hours 75 
 
 For serving rule to establish lost paper 35 
 
 For every additional copy 30 
 
 For following property with attachment out of county, 
 
 going and returning, per mile . 5 
 
 For whipping a negro by judgment of a court 1 00 
 
 veeBofCor- §3625. Coroucrs' fccs are as follows to wit : 
 
 For" Summoning an inquest on a dead body and return- 
 ing the inquisition $10 00 
 
 For furnishing coffin and burial expenses 15 00 
 
 When performing the duties of a Sheriff, his fees are the same 
 as the Sheriff. 
 Fees of § 3626. Couuty Surveyors' fees are as follows, to wit : 
 
 Teyurl ^^ For Surveying a town lot and returning a certificate 
 
 thereof 81 25 
 
 For surveying a tract of land of or under 100 acres 3 50 
 
 For each hundred acres after the first 1 00 
 
 For making a plat, recording, advertising and trans- 
 mitting the same to the Surveyor General's office .... 1 25 
 For entering a caveat, advertising and giving a certified 
 
 copy thereof 2 00 
 
 For attending trial of the same 1 00 
 
 For each postponement to be paid by the postponing 
 
 party 60 
 
 For recording judgment and giving certified copy thereof 60 
 
 For entering an appeal and giving certified copy thereof 1 25 
 For a re-survey of land by order of court, of or under 100 
 
 acres, for the first 100 acres 3 50 
 
 For every hundred acres after the first 1 00 
 
 For every other re-survey of the same 1 00 
 
 For making and certifying a plat thereof and transmit- 
 ting the same 1 25 
 
 Running line between counties, districts, or making new 
 lines, per day, he furnishing the chainbearer and provi- 
 sions $8 00 
 
FT. 3.— TIT. 7.— Costs. 689 
 
 Chapter 2. — Fees of Officers of Court. 
 § 3627. County Treasurers' fees are as follows, to wit : Fees of 
 
 " •' , ' CountT 
 
 Upon all amounts received, and paid out by liim 2^ per Treasurers. 
 
 cent. 
 
 For raakiuir his returns to the grand jury 1 0(i 
 
 For making his returns to Justices of the Inferior Court. 1 0(i 
 
 § 3628. The fees of Notaries Public are as follows, to wit : Fees of no- 
 
 For every protest, oath included 2 dO '•''"^^^"''i'^- 
 
 For noting a protest, 1 0<> 
 
 For registering a protest, ])er copy sheet Id 
 
 For copy of a protest, per copy sheet, 1() 
 
 For administering an oath in any case, ?j() 
 
 For each attendance on any person, to make proof as a 
 
 Notary Public, and certifying the same 1 00 
 
 For every other certificate, - 50 
 
 The cost of registering is likewise a charge against tlie party 
 noted and protested, and must l>e charged in the costs at the 
 same time, and paid to the Notary by the ]iarty for whose l)ene- 
 fit the noting and protesting was done. All other registering 
 must be paid for by the party who has the service i)erformed. 
 The fees for all official acts, which the Notary is allowed to per- Fees for 
 form, are the same as those prescribed for any other officers who the'samVas 
 are likewise permitted to perform them. "erl 
 
 § 3629. None of the fees hereinbefore expressed shall be cliarg- Fees not to 
 ed to the State for failure to collect out of the ])erson charged, to ^tatef*^ 
 unless otherwise expressly declared, or in their nature must ne- 
 cessarily be so paid. 
 
 § 3630. Every public officer and person herein mentioned, their statementof 
 deputy or agent, shall, when required, give a statement of the d"i to™" 
 fees demanded, and a receipt for the same to any person paying ' 
 any lawful or pretended fees of office, on pain of ten dollars for 
 every such neglect or refusal, to be sued for within twelve months 
 and recovered by the person paying the fees and making the de- 
 mand. 
 
 § 3631. If such officers or person shall take or demand any- 
 greater fee than the law allows, or fee for services not performed, H^^fs. 
 he forfeits fifty dollars, to be sued for and recovered as prescrib- 
 ed in the preceding section. 
 
 § 3632. Every public officer must constantly keep in a con- 
 spicuous place in his office, or place where he usually executes tif* '" ^^ 
 the business thereof, a table of his fees in fair words and fio'ures 
 and on failure to do so, he forfeits one dollar per day for ever}- 
 4tt 
 
 sriven. 
 
 Forfeit for 
 es:c«9siTe 
 
 Table of 
 ;s to be 
 pt in office 
 
690 PT. 3.— TIT. 7.— Costs. 
 
 Chapter 2. — Fees of Officers of Court. 
 
 day he so neglects, to be recovered at the suit of any informer, to 
 
 whom the whole recovery shall go. 
 Treble costs § 3G33. Whcn public oflicers arc sued on account of the pro- 
 ~'*^"'- visions of this chapter, and there is a verdict in their favor, the 
 
 persons sueing shall pay three times the ordinary costs. 
 Penalty for § 3634. Any public officer who shall charge or take fees not 
 ehircT allowed by law, or for service not performed, shall, on conviction 
 
 or proof thereof, be dismissed from office. 
 
 TITLE VIII. 
 
 OF NEW TRIAI-S. 
 
 CHAPTER I. 
 
 OF NEW TRIALS. 
 
 Article 1. By whom, and i<>r wliat causes allowed. 
 AuTicLE 2. When, where and how trie«l. 
 
 ARTICLE I. 
 
 HY WHOM, AND FOR WHAT CAIJSKS ALLOWED. 
 
 Section. ^Skction. 
 
 3635. Whftt court may pi-ant now trials. 3641. Verdict against evidence. 
 
 3636. Sup'r. Courts may correct errors, ic 3642. Judpo may grant on other grounds. 
 
 3637. Verdict contrary to evidence. j 3643. Application — when made. 
 
 3638. Evidcace illegally admitted, ic. \ 3614. Another Judge may grant. 
 
 3639. Erroneous charge of the court. I 3645. Motion after adjournment. Notice. 
 
 3640. Newly discovered evidence. 
 
 snp-r Court § 3635. Xcw trials can be granted by the Superior Courts only ; 
 
 s^lutT" the Inferior Courts have no such power. 
 
 8u,.'rcmrt § 3636. The several Superior Courts of this State shall have 
 
 e^rsr&a'^'power to correct errors, and grant new trials in any cause de- 
 pending in any of the said Superior Courts, in such manner and 
 under such rules and regulations as they may establish according 
 to law and the usuages and customs of courts. 
 
 § 3637. In any case when the verdict of a special jury is found 
 contrary to evidence and the principles of justice and equity, the 
 presiding Judge may grant a new trial before another special 
 jury. 
 
 TThen ver- 
 di<'t is con- 
 tr«ry to evi 
 dencc. 
 
PT. 3.— TIT. 8.— CHAP. 1.— Xew Trials. 691 
 
 Article 1. — By whom and for what causes allowed.' 
 
 S 3G38. The Superior Courts may grant new trials in all cases, when evi- 
 
 " '■ •111- • dcno^ is il- 
 
 when any material evidence may be illef'ally admitted to, or ille- leeiHy ^ 
 
 '■' ./ n ./ ^ admitted or 
 
 gaily withheld from tliejnrj, against the demand of the appli-"e'o'ie<L 
 cant. 
 
 § 3639. A new trial may be granted in all cases when the pre- Forcrrone- 
 
 , _ , ,. , - . . ous charge to 
 
 sidmg J udge may dehver an erroneous charge to the jury agamst jury. &c 
 such applicant on a material point, or refuse to give a pertinent 
 legal charge in the language requested, when the charge so re- 
 quested is submitted in writing. 
 
 § 3G40. A new trial may he granted in all cases, when any ma- '^n account 
 
 , ^ , . . . ' •' of new evi- 
 
 terial evidence, not merely cumulative in its character, but re- d«nce. 
 lating to new and material facts, shall be discovered by the ap- 
 plicant after the rendition of a verdict against him, and shall be 
 brought to the notice of the court within the time now allowed 
 by law for entering a motion for a new trial. 
 
 §3041. The presiding Judge may exercise a sound discretion whon the 
 in granting or refusing new trials in cases where the verdict may IgaUst e^vi- 
 be decidedly and strongly against the weight of evidence, al- 
 though there may appear to be some slight evidence in favor of 
 the finding. 
 
 § 3642. In all applications for a new trial on other grounds, not Jud-e may 
 provided for in thisjjpode, the presiding Judge must exercise a cr grounds, 
 sound legal discretion in granting or refusing the same, accord- 
 ing to the provisions of the common law and practice of the courts. 
 
 § 3643. All applications for a new trial, except in extraordi- Application 
 nary cases, must be made during the term at wliich the trial wasdming^rm 
 had, but may be heard, determined, and returned in vacation. 
 
 § 3644. A Judge may decide a motion for a new trial who did Another 
 not try the case, either when he is presiding in the court in which l'r"'nTn™w^ 
 the motion is pending, or when he is named in the rule. 
 
 § 3645, In case a of motion for a new trial made after the ad- Motion 
 journment of the court, some good reason must , be shown why ^jll.'u-'ment 
 the motion was not made during the term, which shall be judged "^"^""^'^ 
 of by the court. In all such cases, twenty days' notice shall be 
 given to the opposite party. 
 
692 
 
 FT. 3.— TIT. 8.— CHAP. 1.— New Trials. 
 
 Article 2. — When, liow and where Tried. 
 
 ARTICLE 11. 
 
 WHEX, WIIKRE AND TIOW TRIED. 
 
 Section. 
 
 3646. Triable at next term. 
 
 3647. By a special jury. 
 
 Section. 
 
 3648. Copy rule nisi to bo served. 
 
 3649. Siiperseadeas by order. 
 
 Time of new 
 trial. 
 
 By special 
 jury. 
 
 Eule ni si 
 must be 
 served. 
 
 Not a m]}er- 
 tsedeas. 
 
 § 3646. AVlien a new trial has l)een p^ranted by tlie Superior 
 Court, the case ehall stand upon the docket for trial at the next 
 term as though no trial was had, and if said new trial is ordered 
 by the Supreme Court, said case shall stand for trial at the next 
 term of said Superior Court after the remitter is returned from 
 the Supreme Court, and in like manner subject to the rules for 
 continuances provided in this Code. 
 
 § 3647. All new trials shall be had l»y a special jury as provided 
 in cases of appeals. 
 
 § 3648. In all applications for a new trial the opposite party 
 shall be served witli a copy of the rule ni si, unless such copy is 
 waived. 
 
 § 3649. A rule ni si for a new trial shall not operate as a su- 
 persedeas, unless so ordered by the court. In which case the 
 court may demand bond and security for the eventual condemna- 
 tion money, when the exigency of the case requires it. 
 
PT. 3.— TIT. 9.— CHAP. 1.— Claims. 693 
 
 Article 1. — How and by whom Interposed. 
 
 TITLE IX. 
 
 OF CLAIMS. 
 
 €}iAi'TEii 1. Of claims to property in execution. 
 CiiAi'TEK 2. At other judicial sales. 
 
 CHAPTER I. 
 
 OF CLAIMS TO PROPKRTY IX KXECUTIOX. 
 
 Article 1. How and by whom interposed. 
 Article 2. When, where and liow tried. 
 
 ARTICLE I. 
 
 HOW AXD BY WHOM INTKKPOSKD. 
 
 Sectiox. ISectiox. 
 
 3650. Claims to be m.ide an oath. ' 3654. To wliom bonds payable. 
 
 3651. Bond and security. | 3655. Bond recoverable — when A where. 
 
 3652. Officer must postpone sale. j 3656. Partners, &c., claiming. 
 
 3653. Claimant give forthcoming bond, j 3657. Tax/?. /'/. claim — where tried. 
 
 § 3G50. When any Sheriff or other officer shall levy an execu- p,^.^ ^^^^^ 
 tion on property claimed by a third person, not a party to such ^^'j^**^*^ *"' 
 execution, such person, his agent or attorney, shall make oath to 
 such projjerty. 
 
 §3651. The person claiming such property, or his agent or at-uondand 
 torney, shall give bond to the Sheriff or other officer, as the case damagfs.*^"^ 
 may be, with good and sufficient security, in a sum equal to dou- 
 ble the amount of the property levied upon, at a reasonable valu- 
 ation, to be judged b}^ the levying officer, conditioned to pay the 
 plaintiff all damages which the jury on the trial of the right of 
 property may assess against him in case it should appear that 
 said claim was made for the purpose of delay only. 
 
 §3652. Affidavit and bond being made and delivered as re-g^,^^^^^^^^^ 
 ■quired in the preceding section, it shall be the duty of the Sheriff p^j^^'p""^*^" 
 or other levj-ing officer to postpone the sale of said property until 
 otherwise ordered. 
 
 § 3653. In all cases where a levy is made upon property that Fortucom- 
 is claimed by a third person, and such person shall desire the pos- mfy^5e*^giy. 
 session thereof, it shall be the duty of the Sheriff or other levying '^°' **^ 
 
J 
 
 694 PT. 3.— TIT. 9.— CHAP. 1.— Claiais. 
 
 Article 1. — How and by wlioni Interposed. 
 
 officer to take bond with good security, for a sum equal to double 
 the value of the property levied on, to be estimated by the levy- 
 %^ '% ing officer for the delivery of sncli property at the time and place 
 of sale, provided tlie property so levied n])on sliull be found sub- 
 ject to such execution. 
 Bonds made §8(154. The claim bond shall be made payable to the ])laintifi' 
 ^Tom.*~*" in execution, and the forthcoming liond shall be made payable to 
 
 the Sheriff. 
 
 Bond rc'coT- § 3655. ]5ond and security being given as pro-vided in the pre- 
 
 fouS-e."" vious section, it shall l)e the duty of the Sheriff or other levying 
 
 officer to leave such property in the possession of such claimant, 
 
 and in case the said claimant or his security should fail to deliver 
 
 said ])ro]>erty, said bond shall be made recoverable in any court 
 
 having cognizance of the same, 
 
 Ptirtiicror §3050. OuB of Several partners or persons jointly interested^ 
 
 may^ciaim"^ may make the affidavit and execute the bond in the name of the 
 
 "" firm or persons jointly interested, who shall be bound thereby afr 
 
 though each individual had signed it liimself. 
 Tax^/a*. § 3657. When any execution may be issued against any Tax 
 ieTied,&c Q(j11(3(.(.„i, f^y ^j^^ payer for taxes due the State, or any county 
 thereof, and the Sheriff or other officer shall levy the same on- 
 property claimed by a person not a ]>arty to such execution, sucli 
 claimant shall make oath as herein provided in the case of other 
 claims, and give bond as provided in se<;tron 818, and the same 
 proceedings shall be had thereon as provided for the trial of the 
 right of }»roperty, except that such trials shall be had in the coun- 
 ty wherein the levy was made. 
 
 ARTICLE II. 
 
 ■VVHKN, WUKKK AND IIOW TRIKT>. 
 
 SEcnoN. 'Section. 
 
 3658. To what court claim is returnable- :?662. Burden of proof. 
 
 3659. Levy on slaves by Justices' Court. I 366:?. Withdrawal of claim. 
 
 3660. Tried by petit jury. 36C4. Assessment of damages. 
 
 3661. Damages, if for delay only. :;GG5. Eitlicr party may appeal. 
 
 § 3658. When an execution issued from the Superior or Infe- 
 toberetnrn- rior Courts shall be levied upon personal property, and claimed 
 by a person not a party to such execution, as provided in this Code, 
 it shall be the duty of the levying officer to return the same, to- 
 gether with the execution, to the next term of the court from 
 
 Where claim 
 
FT. 3.— TIT. 9.— CHAP. 1.— Claims. 695 
 
 Article 2. — When, where and how Tned. 
 
 which said execution issued ; but should such execution be levied 
 upon real property, and the same shall be claimed in manner 
 aforesaid, it shall be the duty of the officer making the levy to re- 
 turn the same, together with the execution and claim, to the next 
 term of the Superior Court of tlie county in which the land so 
 levied upon shall lie. 
 
 §3659. "When an execution from a Justices' Court shall have justices' ot 
 been levied on one or more slaves, and a claim to such slaves have slave." 
 been interposed as provided by this Code, such execution and 
 claim shall be returned to the Superior or Inferior Court, which- 
 ever may first sit in the county in which such execution issued. 
 
 §3660. The court to which a claim shall be returned, shall Tried by 
 cause the right of property to be decided on by a petit jury at^"" ' ^^^^' 
 the first term thereof, unless continued as other cases at common 
 law. 
 
 § 3661. Every juror on tlie trial of the claim of property, either pamageg 
 real or personal, except jurors in Justices' Court, shall be sworn, on'iy.^'*^ 
 in addition to the oath usually administered, to give such damages, 
 not less than ten per cent., as may seem reasonable and just, to 
 the plaintift" against the claimant, in case it shall be sufficiently 
 shown that such claim was made for delav onh', and sucli jury 
 
 ,.. -, '11 '."^ 1 n ' T ' Security lia- 
 
 may give a verdict in manner aforesaid, by virtue whereof judg-bie. 
 ment may be entered up against the claimant and his security 
 for the damages so assessed by the jury and the costs of the trial 
 of the right ot property. 
 
 § 3662. Upon the trial of all claims provided for in tins chap- Rurden of 
 ter, the burden of proof shall lie upon the plaintift' in execution plaintiff. 
 in all cases where the property levied on is, at the the time of 
 such levy, not in possession of the defendant in execution. 
 
 § 3663. Whenever a claim of property is made in terms of ciaim not t« 
 this Code, and returned to the proper court by tlie Sheriff, or drawn, 
 other levying officer, tlie claimant shall not be permitted to 
 withdraw or discontinue liis said claim more than once, with- 
 out the consent of the plaintift' in execution, or some person duly 
 authorized to represent such plaintift"; but such court shall pro- 
 ceed to the trial of the claim of such property, and it shall bo the 
 duty of the jury to assess damages accordingly. 
 
 § 3664. Upon the trial of claims to property which may be now dama- 
 pending in the Superior or Inferior Courts, when damages shall assessed, 
 be found by the jury, the said damages shall be assessed upon 
 the whole amount then due upon the execution, provided the 
 
-696 PT. 3.— TIT. 9.— CHAP. 1.— Claims. 
 
 Article 1. — "When, where and how Tried. 
 
 value of the property in dispute exceeds the amount of said exe- 
 cution, and upon the value of the property, when the value of 
 the property is less than tlie execution levied. 
 Either party §3665. Either party lu claim casGS may appeal as in cases at 
 
 ■ may appeal. i 
 
 common law. 
 
 CHAPTER II. 
 
 OF CLAIMS AT OTHER SALES. 
 Sec'mok. Sectiojt. 
 
 3666. Land — liow clauned, at ex'rs sjile. .S663. Personaltj — claim of. 
 
 3667. Where tried. 3G69. Claim postpones sale. 
 
 Claims at § 3666. Wlieu an executor, or administrator, guardian, or other 
 
 ^?" ^^ trustee, shall advertise that it is his intention to apply for leave 
 
 to sell any real estate, as the property of liis testator, intestate, 
 
 ward, or cestui que trud, or having obtained such order, it may 
 
 l)e lawful for any person claiming such real estate, either by liim- 
 
 self, his agent or attorney, to Hie in the Court of Ordinary an 
 
 Affidavit affidavit claim to said proijerty, a coi>v whereof shall be served on 
 
 and copy sucli cxccutor, administrator, guardian, or trustee, as the case 
 
 may be, previous to the day oi sale. 
 Tried by § 3667. Affidavit having been made and tiled, and notice hav- 
 
 Snperior , " . • i . i t • • i ii i 
 
 Court in ing been given, as required in the preceding section, it shall be 
 where bn.i tliG dutv of the Ordinary to transmit such claim affidavit to the 
 
 lies. '' ^ / 
 
 next term of the Superior Court, of the county where the land 
 lies, and the right of propert}'^ shall be there tried, u[)on an issue 
 made u]> in the same manner, and under the same regulations, 
 restrictions, and penalties, as are provided for the trial of claims 
 to property levied on by execution. 
 Claim to § 366S. "When any executor, administrator, guaMian, or other 
 
 where tii'cd. trustcc, sliall advertise to sell any personal property, as the prop- 
 erty of his testator, intestate, ward, or cestui que trust, and the 
 same shall be claimed on oath, and the claim affidavit shall have 
 been filed and served, as required in the first section of this 
 chapter, it shall be the duty of the Ordinary to transmit such 
 claim affidavit to the Superior or Inferior Court next to be held 
 after such claim is filed, in the county where such executor, ad- 
 ministrator, guardian, or trustee, resides. 
 Claim pest- § 3669. Whcu a claim has been interposed, as provided in 
 the preceding sections, the sale of the property advertised and 
 claimed shall be postponed until after the termination of the 
 claim case. 
 
PT. 3.— TIT. 10.— Evidence. 697 
 
 Chapter 1. — General Principles. 
 
 TITLE X. 
 
 OF EVIDEXCK. 
 
 Chapter 1. General principles. 
 
 Chapter 2. Of the rules governing tlie admission of testimony. 
 
 Chapter 3. Of discovery from the parties. 
 
 Chapter 4. Of records and other written evidence. 
 
 Chapter 5. Of oral testimony. 
 
 Chapter 6. Of interrogatories and depositions. 
 
 Chapter 7. Of perpetuating testimony. 
 
 CHAPTER I. 
 
 OKXKRAL PRIXCTPLRS. 
 
 Sectiox. i Section'. 
 
 3670. Object of evidcuce. ;5675. Prcsimiplions of law and facts. 
 
 3(571. Sundry dotinitious. 3G76. Estoppels. 
 
 3672. Mental conviction. 3677. Pritna facie presumptions. 
 
 3673. Same rules in all courts and cases. 3678. Xuuiber of witnesses necessary. 
 
 3674. Matters jtulioially rccoj?nizod. I 
 
 §3070. The object of all legal investigation is the discovery object of 
 of truth. The rules of evidence are framed with a view to this ^^ '"""'*'■ 
 prominent end — seeking always for pure sources and the highest 
 evidence. 
 
 §3071. Cuiitpetent evidence is that which is admissible. *S'^(/'- sundry def- 
 
 !■. .1 -T ,.,. ., ,, 1 initions. 
 
 Jicicnt evidence is tliat which is satisfactory tor the purpose. 
 Cumulative evidence is that which is additional to other already 
 obtained. Direct evidence is that which immediately points to 
 the question at issue. Indirect, or circumstantial evidence is 
 that which only tends to establish the issue, by proof of various 
 facts, sustaining by their consistency, the hypothesis claimed. 
 Pr€sumj[)tlve evidence consists of inferences drawn by human 
 experience from the connection of cause and eifect, and obser- 
 vations of human conduct. 
 
 §3072. Moral and reasonable certainty is all that can be ex- Amount of 
 pected in legal investigation. In all civil cases the preponder- riction. 
 ance of testimony is considered sufficient to produce mental con- 
 viction. In criminal cases a greater strength of mental convic- 
 tion is held necessary to justify a verdict of guilty. 
 
698 
 
 PT. 3.— TIT. 10.— EVTOENCE. 
 
 Chapter 1. — General Principles. 
 
 Same rules 
 in all courts 
 
 and cases. 
 
 Matters ju- 
 dicially rec 
 og:nize(l. 
 
 Presuinp- 
 tions of law 
 and fact. 
 
 Estoppels 
 
 Sxamples. 
 
 Prima fa- 
 tiie prc- 
 snmptioDS. 
 
 § 3673, Generally, the rules of evidence are the same in all 
 the courts of this State, and upon every trial the exceptions ex- 
 ist only by express statute. 
 
 § 3674. The existence and territorial extent of States, their 
 form of government, and symbols of nationality, the laws of na- 
 tions and general customs of merchants, the admiralty and mar- 
 itime courts of the world and their seals, the political constitu- 
 tion and history of our own Government, as well as the local 
 divisions of our own State, the seals of the several departments 
 of the Government of the Cunfederate States, and of the several 
 States of the Confederacy', and all similar nuitters of public; knowl- 
 edge are judicially recognized without the introduction of proof. 
 
 § 3675. Presumptions are either of law or of lart. The for- 
 mer are conclusions and inferences which the law draws from 
 given facts. The latter are exclusively questions for the jury, to 
 be decided by the ordinary test of human experience. 
 
 § 3676. Presumptions of law are sometimes conclusive, and an 
 averment to the contrary will not be allowed. These are termed 
 estoppels, and are not generally favored. Amoug these are the 
 presumptions in favor of a record or judgment unreverso^l, of the 
 proper conduct of courts and judicial officers acting within their 
 legitimate sphere. Of other officers of the law after lapse of 
 time has rendered it dangerous to open the investigation of their 
 acts in regard to mere formalities ol the law. Of ancient deeds, 
 and other instruments more than thirty years old, when they 
 come from the proper custody, and possession has been held in 
 accordance with them. Pecitals in deeds, except payment of 
 purchase money as against tlie grantor acting in his own right, 
 and Sid juris and his privies in estate, blood and in law. The 
 landlord's title, as against his tenant, while tenant in possession. 
 Solemn admissions made ni judicio, and other admissions, upon 
 which other parties have acted, either U) their own injury or the 
 benelit of the persons making the admissions, and similar cases 
 where it would be more unjnst and productive of m<jre evil to 
 hear the truth than to bear the investigation. 
 
 § 3677. Other presumptions of law, such as of innocence, and 
 in some cases of guilt — of continuance of life for seven years, of 
 a mental state once proved to exist, and all similar presumptions 
 may be rebutted by proof. 
 
 § 3678. The testimony of a single witness is generally sufficient 
 to establish a fact. Exceptions to this rule are made in specified 
 
£ ^- ^- — TIT. 1 0.— Evidence. ^99 
 
 Chapter 1.— General Principles. 
 
 fin V "S7^^^ 
 re ZV T. '^ ^ ''''°''' '' "" accomplice ; and to rebut a^^^. 
 responsive statement in an answer in equity-in these cases (ex- JL 
 
 cept m treason) corroborating circumstances mav dispense witli ^ 
 
 another witness. " ^ 
 
 CHAPTER Jr. 
 
 OF RULES GOVERNINCx THE ADMISSION OF TESTIMOxNY. 
 
 Article 1. General rules. 
 
 Article 2. Of hearsay. 
 
 Articlk 3. Of admissions and confessions. 
 
 Article 4. Of parol evidence to effect written. 
 
 ARTICLE I. 
 
 GENERAL RULES. 
 
 Section. 
 •j/j-o nf . , Section. 
 
 •ibi3. Must bo relevant 
 
 "".«. .muoi, uo relevant. qpqp n ■ 
 
 3680. c.a.c.o. .a »„.„«„. ,„j ^: tiz::z-"^'''- 
 
 368 L Burden of proof. I oreo r • . •'^'^• 
 
 3682. Changing onus. ^ Zll' !°f"i^^'°"^ «" mouumeuts, &c. 
 
 •iRsq -R^^f ^ -1 I ^^^- Other exceptions. 
 
 sibiiS. Best evidence. oRon q a . , 
 
 308. ^, „ , ,_,„,., „,^„„ nil — ^;-- 
 
 3685. Written evulonce. Ufioo v . p .. 
 
 I Joyj. E.xistence of original. 
 
 § 3679. The evidence nnist relate to tlie qnestioDS beinc tried u .k , 
 by the jury, and be-ar upon them either direetly or i^dSeeth *- 
 Irrelevant matter should be e.wlnded mairectlj . 
 
 uatureof thea cti!r: Zs ^h Ihtrr ™'^'"' T'"^ "'^°"-*"' 
 sarv or 7.rnT.o,. f 1 • ; character and renders neces- 
 
 sary or pioper the investigation of such conduct. 
 
 §3681. The burden of proof n-enerflllx- lio^ •,.,. *i 
 serting or affirmino- . fiof Ja "^^'l.^^'^^ "P«^ the party as- Borden «f 
 
 t, 1 cuuiramg a tact, and to the existence of whose casp nv^"""^- 
 defence the proof of such fact i. essential. If a negat o" or ne" 
 at.ve athrmafon be so essential, the proof of such ne<.ative 1 es 
 on the piirty so affirming it. negative Jies 
 
 oniaen of pioot, ,s u question to be decided in each case by the "' 
 sound discretion of the court. ^ 
 
FT. 3.— TIT. 10.— CHAP. 2.— Evidence. 
 
 Article 1. — General Rules. 
 
 Best eTi 
 dencc. 
 
 § 3683. The best evidence whicli exists of the fact sought to be 
 proved must be produced, unless its absence is satisfactorily ac- 
 counted for, 
 
 § 3684. Primary evidence is such as in itself does not indicate 
 the existence of other and better proof. Secondary evidence is 
 such as from necessity in some cases is substituted for stronger 
 and better proof. 
 
 § 3685. Written evidence is considered of higher proof than 
 oral, and in all cases where the parties have reduced their con- 
 tract, agreement or stipulation to writing, and assented thereto, 
 it is the best evidence of the same. 
 
 § 3686. Copies of records of judicial proceedings, and wills ad- 
 mitted to probate, are admitted as primary evidence, when prop- 
 erly authenticated. In all other cases, a copy is secondary evi- 
 dence. 
 
 § 3687. An officer de facto may be proved by his acts, witli- 
 out the production of his commission or appointment. 
 
 § 3688. Inscriptions on walls, monuments, and other lixed ob- 
 mento, &c. jccts, may be proved by copies established as such, 
 otherexcop- §3689. Other cases of necessity, or manifest convenience, 
 resting on like principles of reason and justice, may be made ex- 
 ceptions to the general rule. 
 
 § 3690. In order to admit secondarj' evidence, it must appear 
 that the primary evidence, for some sufficient cause, is not acces- 
 sible to the diligence of the part}'. This showing is made to the 
 court who will hear the party himself, on the question of dili- 
 gence, and the inaccessibility of the ^>;'//y<«ry evidence. 
 
 § 3691. There are degrees in secondary evidence, and the best 
 should always be produced. Thus, a duplicate is better than a 
 copy, and an examined copy than oral evidence. 
 
 § 3692. The existence of a genuine original, is essential to the 
 admissibility of a copy. The amount of evidence to show such 
 existence, must vary with the circumstances of each case. 
 Where no direct issue is made upon this fact, slight evidence 
 would be sufficient. 
 
 Primary and 
 
 secondary 
 
 evidence. 
 
 ■Written eri 
 dence. 
 
 Wills and 
 records. 
 
 Officer rf« 
 fact«. 
 
 Inscriptions 
 on monu- 
 
 tions. 
 
 Secondary 
 evidence — 
 when ad- 
 mitted. 
 
 Degrees 
 therein. 
 
 Original ex 
 istence of. 
 
PT. 3.— TIT. 10.— CHAP. 2.— Evidence. 
 
 701 
 
 Article 2. — Of Hearsay. 
 
 ARTICLE II. 
 
 OF HEARSAY 
 
 Bectiox. 
 :)(id?t. Hearsay evidence. 
 
 Sometimes original evidenco. 
 
 Pedigree. 
 
 Ees gesf<f. 
 
 Declarations of persons in posses'n 
 
 Declarations of conspirators. 
 :!699. Of deceased persons. 
 
 :'.G94. 
 :i695. 
 ;!696. 
 3G97. 
 
 Section'. 
 
 3700. Books of account. 
 
 3701. Matters of public interest. 
 
 3702. Ancient documents. 
 
 3703. Ancient boundaries and landmarks 
 
 3704. Dying declarations. 
 
 3705. Testimony of witnesses. 
 
 §3693. Hearsay evidence is that wliich does not derive its Hearsay evi- 
 value solely from the credit of the witness, but rests mainly on ^^■*^*'- 
 the veracity and competency of other persons. The very nature 
 of the evidence shows its weakness, and it is admitted only in 
 specified cases from necessity. 
 
 §3694:. When in a legal investigation, information, con versa- 3^^^^.^^^^, 
 tions, letters, and replies, and similar evidence, are facts to ex- j^^^,"*' *"' 
 plain conduct and ascertain motives, they are admitted in evi- 
 dence not as hearsay, hut as original evidence. 
 
 § 3095. Pedigree, including descent, relationship, birth, mar- peaigree. 
 riage, and death, may be proved either by the declarations of de- 
 ceased persons rchited by blood or marriage, or by general repute 
 in the family, or by genealogies, inscriptions, "family trees," and 
 similar evidence. 
 
 § 3696. Declarations accompanying an act, or so nearly con- ^^, ^^,^^ 
 nected therewith in time as to be free from all suspicions of de- 
 vice or after-thought, are admissible in evidence as part of res 
 gestc^. 
 
 § 3697. Declarations of a person in possession of property in Declarations 
 disparagement of his own title, are admissible in evidence, in fa- ll fosles-* 
 vor of any one, and against privies. Declarations in favor of his "°"- 
 own title are admissible to prove his adverse possession. 
 
 § 3698. After the fact of conspiracy is proved, the declarations Declarations 
 of any one of the conspirators during the pendency of the crim- torsT*'""^"" 
 inal project, are admissible against all. 
 
 § 3699. The declarations and entries of a person, since de- or .ie«eascd 
 ceased, against his interest, and not made with a view to pendino- p^"**"*- 
 litigation, are admissible in evidence in any case. 
 
 § 3700. The books of account of any merchant, shop-keeper, Books of 
 physician, blacksmith, or other person doing a regular business *''*'*'""*• 
 
 «kM|^ 
 
•^ 
 
 702 FT. 3.— TIT. 10.— CHAP. 2.— Evidence. 
 
 Article 2. — Of Hearsay. 
 
 and keeping dailj entries thereof, may be admitted in evidence, 
 as proof of such accounts, upon tlie follo\ving conditions : 
 
 1. That he kept no clerk, or else the clerk is dead, or other- 
 wise inaccessible. 
 
 2. Upon proof, (the party's oath being sufficient,) that the 
 book tendered is his book of original entries. 
 
 3. Upon proof, (by his customers,) that he usually kept correct 
 books. 
 
 4. Upon inspection by the court, to see if the books are free 
 from any suspicion of fraud. 
 
 MfittprBof §3701. Hearsay evidence as to declarations of deceased per- 
 Mt. '"*"*' sons as to ancient rights, and made before tlie litigation arose, 
 are admissible to prove matters of public interest, in wliicli tlie 
 whole community arc supposed to take interest, and to hare 
 knowledge. 
 Aiioicnt doc- §3702. Ancient documents })urporting to be a part of the 
 uments. transaction to whicli they relate, are admissible in evidence. 
 Ancient § 3703. Traditionary evidence, as to ancient boundaries and 
 
 and"and-*^* landmarks, is admissible in evidence, the weight to be deter- 
 mined by tlie jury, according to the source whence it comes. 
 Dyingdccia- §3704:. Dying declarations made by any i)erson in the article 
 of death, who is conscious of his condition, as to the cause of his 
 death, and the person who killed him, are admissible in evidence, 
 in a prosecution for the homicide. 
 Testimonj- §3705. Tlic tcstimouy of a witness, since deceased, or dis- 
 onfi.rmcr* qualified, or inaccessiblc for ally cause, given under oath on a 
 former trial, upon substantially the same issue, and between 
 substantially the same parties, may be proved by any one who 
 heard it, and who professes to rememl)er the substance of the 
 entire testimony, as to the particular matter about which he tea- 
 tifies. 
 
 trial 
 
FT. 3.— TIT. 10.— CHxVP. -2.— Evidence. 703 
 
 Article 3. — Of Admissions and Confessions. 
 
 ARTICLE III. 
 
 OF ADMISSIONS AND CONFESSIONS. 
 
 Sbctiox. Sectio.v. 
 
 3715. Weight of sucU evidence. 
 3116. Confessions must be voluntary. 
 3717. Under promise of secrecy, &c. 
 
 3706. Definition. 
 
 3707. Parties to record. 
 
 3708. Real parties in interest. 
 
 3709. Of stranger.^. 
 
 3710. Of agents 
 
 3711. Of privies. 
 
 3712. Admissions improperly obtained. 
 
 3713. Effect of silence. 
 
 3714. Entire conversation. 
 
 3718. Material facts discovered. 
 3710. Confession of con.spirator.si. 
 
 3720. Coulidential communications, fic. 
 
 3721. Attorney and client. 
 
 3722. When grand juror may disclose. 
 
 § 370(5. Admissions usually refer to civil case-"> ; contessious to Doiiniiimi. 
 criminal. 
 
 § 3707. The admission of a nartv to the record is admissible in Partiosto 
 evidence when offered by tlie other side, except in the following 
 cases : 
 
 1. In case of a mere nominal party or naked trustee. 
 
 2. Where there are several parties witli no joint interest, the 
 admissions of one cannot be received unless the issue is of such a 
 character tliat theeffeet of the admission can be restrained to him 
 alone. 
 
 3. The admissions of any trustee before lie is clothed with the 
 trust. 
 
 4. Defendants in Ji-. fa. in claim cases after the pendency of 
 litigation. 
 
 §3708. The admission of the real party in interest is admissi- iioMiwrties 
 
 111 111 , f ii'i • lio intorest. 
 
 ble thougli he be not ot record, subject to the exceptions stated 
 above. 
 
 §3709. The admissions of third persons strangers to the suitofstraugers. 
 are received in evidence — 
 
 1. When the party refers to such third person for information. 
 
 5. Admissions made by a third person against his interest as 
 to a fact collateral to the main issue between the litigants, but 
 essential to the adjudication of the cause. 
 
 3. Statements of an interpreter where from any cause he can- 
 not be sworn. 
 
 § 3710. The admissions of an agent or attornev in fact, during nc ,,.„.. 
 the existence and in pursuance of his power, are evidence against 
 the principal. 
 
704: FT. 3.— TIT. 10.— CHAP. 2.— Evidence. 
 
 Article 3. — Of Admissions and Confessions. 
 
 lence. 
 
 Entire con- 
 
 of privies. § 3711. The admissions of privies in blood, privies in estate, and 
 privies in law, are admissible as au'ainst the parties themselves, 
 but declarations ofjirivies in estate, after the title has ])as?ed out 
 of them, cannot be received. 
 
 Aamissions §3712. Admissioiis obtained by constraint, or V>y fraud, or by 
 
 ISe?^ drunkenness induced I'or the purpose ; or admissions or jyroposi- 
 tions made with a view to a compromise are not proper evidence. 
 
 Effectofsi- §3713. Acquiescence, or silence when the circumstances re- 
 (luire an answer ()r denial, or other conduct may amount to an 
 
 admission. 
 
 §371-1. "When an admission is given in evidence it is the right 
 versation. q^' ^j^^ (jt],ej. party to have the wliolc admissiou aud^ all the con- 
 versation connected therewith. 
 Weight of § 3715. All admissions should l>o scanned with care and confes- 
 .Tence!''' gious of .ii;uilt sliould be received with great caution. A confes- 
 sion alone, uncorroljorated by other evidence, will not justify 
 a conviction. 
 Confessions §3710. To uuikc a confession admissible, it must have l)een 
 My! """'" made voluntarily without bein«,r induced by another, by the slight- 
 est hope of benefit or remotest fear of injury. 
 undcrpron. §3717. The lact that a confession is made under a spiritual 
 i^s^of^sece- (,^.i\^,.t.^tion, or a promise of secrecy, ov a j.romise of collateral 
 
 benefit shall not exclude it. 
 Material § 3718- -^^^7 material facts discovered by a confession by a pris- 
 
 fact^s disoov- ^^j^^j. j^^j^y |jg proved, and the fact of its discovery, by reason of 
 
 such information, though the confession is rejected. 
 Confession § 3710. The coufession of one joint offender or conspirator, made 
 of conspua- ^^^^^ ^^^^ enterprise is ended, is admissible only against himself. 
 S 3720 There are certain admissions and communications ex- 
 
 Confldential o ' • 
 
 commnni«»- cluded from public policy ; among these are — 
 
 1. Communications between husband and wife. 
 
 2. Between attorney or counsellor and client. 
 
 3. Among grand jurors. 
 
 4. Secrets of State. 
 Attorney §3721. Communications to any attomey or his clerk to be 
 
 transmitted to the attorney pending his employment, or in an- 
 ticipation thereof should never be heard by the court. So the 
 attorney cannot be compelled to disclose the advice or counsel 
 he may give to his client, nor to produce or deliver up title deeds, 
 or other papers, except evidences of debt, left in his possession by 
 his client. This rule does not exclude the attorney as a wit- 
 
 and client. 
 
PT. 3.-TIT. 10.— CHAP. 2.— Evidence, 705 
 
 Article 3. — Of Admis'.ions and Confessions. 
 
 nes8 to any facts wliicli may transpire in connection with his 
 em ploy men t. 
 
 §3722. Grand jurors sliall disclose everything wliich occurs When gran -i 
 
 1 . • 1 . 1 " . «j'irt)rs may 
 
 in their service wlienever it becomes necessary, in any court of disclose 
 record in this State. 
 
 ARTICLE IV. 
 
 OK PAROL KVIDKNCK TO AFFECT WRITTEN. 
 
 iStUTlO.N. ,'Sectiox. 
 
 3723. General rule. i 3728. Usage. 
 
 3724. Contemporaneous writings. 3720. Other cases. 
 
 3725. Void instruments. 3730. Receipts. 
 
 3726. Where partoulj^ is in writing. 37,"1. Blank endorsements. 
 
 3727. Surrounding circumstances. 3732. Reducing deed to mortgage. 
 
 § 3723. Pai-ol contemporaneous evidence is admissible gener- General rule 
 ally to contradict or vary the terms of a valid written instrument. 
 
 v$ 372-1. All contemporaneous writings are admissible to ex-contcmpo- 
 plain each other, and parol evidence is admissible to exj:)lain all tings ambic 
 ambiguities both latent and patent. 
 
 §3725. Parol evidence is admissible to show that the writing Void instm- 
 was either originally void or has sul)sequently become so. 
 ' §3720. If the writing does not purport to contain all the stip- where part 
 ulations of the contract, parol evidence is admissible to prove wuing!" 
 other portions thereof not inconsistent with the writing, so col- 
 lateral undertakings between parties of the same part among 
 themselves would not properly be looked for in the writing, 
 
 § 3727. The surrounding circumstances are always proper sub-sunouudins' 
 jects of proof to aid in the construction of contracts. ci^rcumstan- 
 
 § 372S. In like manner evidence of known and established usage usage, 
 is admissible for the same purpose as well as to annex incidents. 
 
 §3729. Parol evidence is also admissible to rebut an equity, to other case. 
 discharge the entire contract, to prove a new and distinct subse- 
 quent agreement, to enlarge the time or change the place of 
 performance. 
 
 §3730. Receipts for money are nlweiys only p?nma facie evi- Receipts. 
 dence of payment and may be denied or explained by parol. 
 
 §3731. Blank endorsements of negotiable paper may always Blank en- 
 be explained between the parties themselves, or those taking with '''"'""''■"■' 
 notice of dishonor or of the actual facts of such endorsements. 
 45 
 
706 
 
 FT. 3.— TIT. 10.— CHAP. 2.— EvroENCE. 
 
 Article 4.— Of Parol Kvideace to Affect Written. 
 
 iteducing 
 deed to 
 rnortgaare. 
 
 §3732. A deed or bill of sale, absolute on its lace and accom- 
 panied with possession of the property, shall not be proved (at 
 the instance of the parties) by parol evidence to be a mortgage 
 only, nnless fraud in its procurement is the issue to be tried. 
 
 CHAPTER III. 
 
 OF DISCOVERY FROM THE PARTI K; 
 
 Section. 
 
 3733. Di.scovery at law. 
 
 3734. Just as other witnesses. 
 
 3735. Privilege of oral examination. 
 
 j Section-. 
 
 [ 373G. Failing lo answer, or evading 
 
 I 3737. Privileged matters. 
 
 Discovery 
 
 nt law. 
 
 (ti- witnesses 
 
 § 3733. Discovery may be had from the opposite party, either 
 nominal or real, in any case i)ending in any court in this State. 
 Just as oth- §3734. The party seeking tlic discovery may either subpfona 
 the other party as a witness, or else file interrogatories, and sue 
 out a commission, as in cases provided for other witnesses. In 
 the latter event the right of cross examination exists as in other 
 cases. 
 
 §3735. When interrogatories are tiled in office, and notice giv- 
 en thereof, it shall be the duty of the party sought to be exam- 
 ined, to see to the execution and return of the same before the 
 return term thereof. " ^ 
 
 § 373G. A party failing to appear, without sufficient excuse, 
 when properly subpcenaed, or failing or refusing to answer, either 
 orally or to the interrogatories filed, or answering evasively, shall 
 be subject to attachment for contempt, and the court may also 
 dismiss his case, if he be plaintitf, or strike out his pleas, if he be 
 defendant, or give such other direction to the cause as is consistent 
 with justice and equity. 
 
 §3737. No party shall be required to testify as to any matter 
 which may criminate or tend to criminate himself, or which shall 
 tend to work a forfeiture of his estate, or which shall tend to 
 bring infamy, or disgrace, or public contempt upon himself, or 
 any member of his family. 
 
 I'rivilegeof 
 oral exami- 
 nation. 
 
 Falling to 
 answer »ir 
 answering 
 evasively. 
 
 Privileged 
 matters. 
 
PT. 3.— TIT. 10.— CHAP, -i.— Evidence. 
 
 Article 1. — Of Records and rublic Documents. 
 
 CHAPTER IT. 
 
 OF RECORDS AND OTHER WRITTEN EVIDENCE. 
 
 Article 1. Of records and public documents. 
 f Article 2. Of private writings. 
 
 ARTICLE I. 
 
 OF RECORDS AND PUBLIC DOCUMENTS. 
 
 SE(JTI0K. 
 
 ."^738 Laws and resolutions. 
 
 3739. E.xemplificatioiis. 
 
 3740. When primary evidence. 
 
 3741. Records lost or destroyed. 
 
 3742. Proof of registry. 
 
 3743. Certified copy. 
 
 3744. If registry is destroyed. 
 
 3745. Presumption of y)roper probate. 
 
 Section. 
 
 3746. Former acts continued in force. 
 
 3747. Laws of C. S and several States. 
 
 3748. Foreign laws. 
 
 3749. Effeels of judgments as evidence. 
 
 3750. Judgment m ran. 
 
 3751. Not evidence for witness. 
 
 3752. How attacked. 
 
 3753. Notarial acts. 
 
 §3738. All laws and resolutions of the General Assembly, asLawsnnd 
 published by authority, shall be held, deemed, and considered ""''"" ""''°*' 
 public laws, and recognized, judicially, without proof. The jour- 
 ,jials of each branch of the General Assembly, as published, shall 
 l^ nil like manner, recognized without proof. 
 
 § 3T39. The certiticate, or attestation, of any public officer, Kxcmpiifica- 
 either of this State, or any county thereof, shall give sufficient 
 validity or authenticity to any copy or transcript of any re- 
 cord, document, paper of file, or other matter or thing in their 
 respective offices, or pertaining thereto, to admit the same in 
 evidence in any court of this State. 
 
 §3740. Such exemplifications shall be primary evidence as to -^yrij^^ pn. 
 all records, or other things required by law to remain in such j"'|[^,f"' 
 offices, but only secondary evidence as to such documents as by 
 law properly remain in the possession of the party. 
 
 § 3741. When a record has been burned, or otherwise des- Records lost 
 troyed, its contents may be proved by any secondary evidence,*""*'"^''' 
 which does not disclose the existence of other and better evi- 
 dence. 
 
 § 3742. The official entry of the proper officer on a paper, p^oof of 
 shall be sufficient evidence of its registry. registry. 
 
 § 3743. If the original of any paper, properly registered, is 
 
708 
 
 PT. 3.— TIT. 10.— CHAP. 4.— Evidence. 
 
 Article 1. — Of Records and Public Documents. 
 
 Certified 
 copy. 
 
 If registry 
 is destroyed. 
 
 Presump- 
 tion of prop- 
 er probate. 
 
 Former acts 
 continued in 
 force. 
 
 Laws of C. 
 8. and seve- 
 ral States. 
 
 Foreign 
 laws. 
 
 Effect of 
 .judgments 
 as evidence. 
 
 Judgments 
 in. rem. 
 Not evi- 
 dence for 
 witness. 
 
 How at- 
 tacked. 
 
 Notarial 
 acts. 
 
 lost or destroyed, a certified copy, from the registry, sliall be 
 deemed good secondary evidence. 
 
 *J 37-14. It" tlie registry has also been destroyed, before a co])y 
 has been made and certified, any secondary evidence is admissi- 
 ble to prove the original, and its registry, which does not dis- 
 close the existence of other and better evidence. 
 
 §3745. If the original is fonnd to have been recorded, and it 
 does not appear whether it was done on proper probate, the 
 court shall presume, until the contrary appears, that the same 
 was done on proper probate. 
 
 § 3746. All the acts heretofore passed, allowing j)apers im- 
 properly registered, and their copies, when lost, to be admitted 
 in evidence, shall be continued in force. 
 
 § 3747. The public laws of tlie Confederate States, and of the 
 several States thereof, as published by authority, shall be judi- 
 cially recognized, without prctof. 
 
 § 3748. Foreign laws and judgments must be authenticated 
 under the great seal of their rcs]>ective States. 
 
 § 3749. A judgment is admissible between any parties, to show 
 the fact of the rendition tliercof, but between parties and pri- 
 vies it is conclusive as to the matter directly in issue, until re- 
 versed or set aside. 
 
 § 3750. A judgment in rem is conclusive upon everybody. 
 
 §3751. A judgment is inadmissible for any purpose in favor 
 of a party upon whose testimony, in whole, or in part, it was 
 rendered, except judgment from Justices' Court. 
 
 § 3752. A judgment that is void, may be attacked in any 
 court, and by anybody. In all other cases judgments cannot be 
 impeached collaterally, but must be set aside by the court ren- 
 dering them. 
 
 § 3753. All notarial acts, of Notaries Public, in relation to bills 
 of exchange, drafts, and promissory notes, required to be done 
 by the laws of this State, may be proved by the certificate of 
 such iS^otary, under his hand and seal ; Provided^ such certificate 
 is tiled in the court at its first term, and permitted there to re- 
 main until the trial. 
 
 The following acts of Congress, being frequently needed ibr 
 reference, are here inserted : 
 
 Act of Congress of May 26, 1790. 1 Gray ; Digest 272. 
 The acts of the Legislatures of the several States, shall be au- 
 
PT. 3.— TIT. 10— CHAP. 4.— Evidence. 709 
 
 Article 1. — Of Records and Public Documents. 
 
 thenticated by having the seal of their respective States affixed 
 thereto. The records and judicial proceedings of the courts of 
 any State shall be proved, or admitted, in any other court within 
 the United States, by the attestation of the Clerk, and the 
 seal of the court annexed, if there be a seal, together with the 
 certiiicate of the Judge, Chief Justice, or Presiding Magistrate, 
 as the case may be, that the said attestation is in due form. 
 And the said records and judicial proceedings, authenticated as 
 aforesaid, shall have such faith and credit given to them in every 
 court within the Fnited States, as they have by law or usage 
 in the courts of the State from whence the said records are, or 
 shall be taken. 
 
 Act of Congress of March 27, 1804. Sec. 2, Gray ; Digest 180. 
 '' From and after the passage of this act, all records and ex- 
 em})liii('ations of ottice books, which are, or may be kept in any 
 public otfice of any State, not appertaining to a court, shall be 
 proved or admitted in any other court or office in any other 
 State, by the attestation of the keei)er of the said records or 
 books, and the seal of his office thereunto annexed, if there be a 
 seal, together with a certificate of the presiding justice of the 
 court of the county or district, as the case may l)e, in which such 
 office is, or may be kept ; or of the (xovernor, the Secretary of State, 
 the chancellor or the keeper of the great seal of the State, that 
 the said attestation is in due form, and by the proper officer, and 
 the said certificate, if given by the presiding justice of a court, 
 shall be further authenticated by the clerk or prothonotary, of the 
 said court, who shall certify under his hand and the seal of his 
 office, that the said presiding justice is duly commissioned and 
 qualified ; or if the said certiiicate be given by the Governor, the 
 Secretary of State, the chancellor or keeper of the great seal, it 
 shall be under the great seal of the State, iu which the certifi- 
 cate is made. And the same records and exemplifications, au- 
 thenticated as aforesaid, shall have such faith and credit given 
 to them in every court and office within the United States, 
 as they have by law or usage in the courts or offices of the State 
 from whence the same are, or shall be taken." 
 
710 PT. 3.— TIT. 10.— CHAP. 4.— Evidence. 
 
 Article 2. — Of Private Writings. 
 
 ARTICLE I^. 
 
 OF PRIVATE WRITINGS. 
 
 Section. | Section. 
 
 3754. Production of proof. I 3759. Producing: dispenses with proof. 
 
 3755. In case of loss. ! 37G0. Subscribing witness. 
 
 3756. Production in court. I 3761. Other proof - 
 
 3757. When notice unnecessary. j 3762. Handwriting. 
 
 3758. Explaining alteration. : 3763. Compari-son of hands. 
 
 Production § 8754-. Generally the original writing must be produced, and 
 
 of proof. . . imi 1 -iiii 
 
 its e.xecution proved, ilie excepted cases are prescribed uy law. 
 
 losr*'^ •''■ § 3755. If the paper is lost or destroyed, proof of the fact to 
 the court will admit secondary evidence. The i)arty is a com- 
 petent witness to this point. The question of diligence is one of 
 sound discretion in the court. 
 
 i>i-odiiction §3750. The production of such private writing is provided for 
 
 '""""''• in another part of this Code. 
 
 whennotic.. ^3757. Noticc to iiroducc is not necessarv when the action is 
 
 unnccfssary. 
 
 brought to recover the pai)er or to set it aside. | 
 
 E.\pbinai- §3758. If tlic ])aj)er api)cars to luivc becii materially altered,! 
 unless It IS the cause or action, and no plea ot non est fttctnm is 
 tiled, tlie ]>arty offering it in evidence must explain the altera- 
 tion unless the paper comes from the custctdy of the ojjposite party. 
 Prodncins § 3759. Tlic pi'oduction of tlic i^aocr by the oi)posite ijarty (if 
 with proof, lie claims any benent under it) dispenses witii tiie necessity oi 
 proof, and the notice to produce dispenses with proof as against 
 '' the party giving tlie notice. 
 
 subscribina; § 37()0. The 8ubscril)ing witness must be produced in all 
 
 witness. i(>ii • i.A • ^ •■• i-i 
 
 cases, except the tollowing: 1st. Ancient writings which prove 
 themselves. 2d. If from any cause the witness cannot be pro- 
 duced or sworn. 3d. Office bonds required bylaw to be approv- 
 ed or tested by a particular functionary. -Ith. If the paper is 
 only incidentally or collaterally material to the case. 
 
 Other proof. § 3701. If tlic witucss is not produced, or being produced, can- 
 not recollect the transaction, the court may hear any other evi- 
 dence to prove its execution. 
 
 Handwrit- § 3762. Pi'oof of handwriting may be resorted to in the absence 
 of direct evidence of execution. In such case, any M'itness is 
 competent to testify as to his belief, who will swear that he knows 
 or would recoguize the han<hvriting. The source of his knowl- 
 edge is a question for investigation, and goes entirely to the credit 
 and weight of his evidence. 
 
 uisr. 
 
PX. 3.— TIT. 10.— CHAP. 4.— Evidence. 711 
 
 Article 2. — Of Private Writings. 
 
 § 3763. Other writings, proved or acknowledged to be genuine, Jf°™iJ^'"j«o^- 
 may be admitted in evidence for the purpose of comparison by 
 the jury. Such other new papers, when intended to be intro- 
 duced, shall be submitted to the opposite party before he an- 
 nounces bimself readv for trial. 
 
 CIIAPTEPw V. 
 
 OF ORAL Tr:STIMONy. 
 
 Akticle 1. Of witnesses — their attendance and fees. 
 Articlk 2. Of their competency. 
 AuTicLK 3. Of their examination. 
 
 I 
 
 ARTICLE I. 
 
 OF WITNESSES— THEIR ATTENDANCE AND FEES. 
 
 Section. j Section. 
 
 37G4. Subpoenas. j 3768. State's witnesses from other co's. 
 
 37G5. Payment of fees. | 37G9. Witnesses in imprisonment. 
 37G6. E.vcessive claim. 3770. Freedom from arrest. 
 
 3767. Failure to attend. j 3771. No fees in certain cases. 
 
 §3704:. When the attendance of any person resident in the subpoena, 
 county is required as a witness in any court, the clerk of such 
 court (or if tliere be no clerk, the presiding judge or j\istice) shall, 
 on application, issue a writ of suhjnvuH^ directed to snch person, re- 
 quiring him to appear and testify in the case stated, and at the 
 time stated. Such suhpmmi shall be served on the witness per- 
 sonally, by any person capable of proving the same, at least live 
 days before the term of the court. The witness so summoned shall 
 attend the court from term to term until the case is tried. And 
 if tliere be an appeal or new trial, notice of the fact, without a new 
 *iuhj)iieiia^ shall be suthcient to require the attendance of the wit- 
 ness. The witness fee shall be seventy-five cents per diem. 
 
 § 3765. The payment of the fees of a witness shall not be de- Payment of 
 manded as a condition precedent to an attendance. But at the*^"'"^*' 
 close of each term, or any term, the witness may make affidavit 
 before any Justice of the Peace, or clerk of the court, of the num- 
 ber of days he has attended on such siihpmiia for which his fees 
 are due, which affidavit, when countersigned by the clerk (or ifModeofcoi 
 no clerk, the Judge) and attached to the suhpmna^ shall have the 
 
712 
 
 PT. 3.— TIT. 10.— CHAP. 5.— Evidence. 
 
 Article 1. — Of Witnesses — their Attendance and Fees. 
 
 Excessive 
 claim. 
 
 Failure to 
 attend. 
 
 States' wit- 
 nesses from 
 other coun- 
 ties. 
 
 
 force and effect of an execution against the property of the party 
 at whose instance he was suhpienapd (unless in behalf the State.) 
 
 §3700. A witness wlio shall claim more than is due to him, 
 forfeits all his fees, and shall pay to the injured party, in addition 
 thereto, four times the amount so unjustly claimed. 
 
 §3707. The court may ])roceed by attachment to compel the 
 attendance of a witness who fails to obey the precept, and also to 
 punish him by a fine not exceeding three hundred dollars. In 
 addition thereto such a witness shall be liable in damai>;es to the 
 person causing him to be siibpaMiaed, for his failure to attend. 
 
 §3708. Witnessesfor^he State in a criminal prosecution in the 
 Superior Courts, attending in a different county from that of their 
 residence, shall receive each, two dollars per day during their at- 
 tendance, and two dollars for each thirty miles traveled in gtjing 
 and returning, which shall be paid on the subpoma, verified as in 
 ordinary cases, by the County Treasurer, out of the county iVmds. '.^^ 
 In case of conviction the amount paid by the county shall be 
 taxed in the bill of costs. 
 
 § 3709. The writ of /i ahem corpus ad icHt'ificandnhf niay be is 
 sued by the Superior Court to cause the j^roductioii in court o 
 any witness under legal imprisonment. 
 
 §3770. Witnesses are protected from arrest on any civil jjro- 
 cess while going to or returning from and attending o!i any court, 
 and the officer who shall hold him imprisoned, after seeing his 
 subpcena or being satisfied of the fact, shall be liable for a false 
 imprisonment. 
 
 §3771. A witness shall not receive any fees whatever for at- 
 tendance on a subpcena if the cause at any time is continued for 
 his absence, or if he is absent at the trial ; Providech such ab.>ence 
 in neither case arose from Providential causes. Nor shall any 
 witness receive fees from both parties in the same case, but shall 
 be paid equally by each, unless one shall be cast in all the cost, 
 A prosecutor shall in no case receive fees as a witness. 
 
 Witnesses in 
 
 imprison- 
 
 ■nent 
 
 Freedom 
 from arrest 
 
 1- 
 
 Xo fees iu 
 eertain cases 
 
FT. 3.— TIT. 10.— CHAP. 5.— Evidence. 713 
 
 Article 2. — Of the Competency of Witnesses. 
 
 ^ ARTICLE II. 
 
 li OF THR COMPKTEXCY OF WIIXI^SKS. 
 
 3BfcTiox. 
 
 '.j'il'2. Ground of incompetency. 
 S77o. Cliildren. 
 3774. Mutes. &c. 
 
 Section. 
 
 3779. Interest not clisqunlifyinc 
 
 3780. Exceptional casc.-^. 
 
 3781. Release. 
 
 ffi- 
 
 I 3775. Drunkenness. I 3782. Husband and wife. 
 
 3776. Idiots and insane. | 3783. Parties own oath. 
 
 3777. Persons infamous. i 3784. Time of objecting & mode of ))roof 
 
 3778. Per.sons interested. 3785. Restoration of compctoncv. 
 
 J /'^g 3772. The competency of a witncj^s must be decided hv theoroundof 
 '^'1 court. Witnesses are incompetent — i^ncompeteu- 
 
 I 1. Who are deficient in understand iiii;. 
 
 2. AVho are inl'amons by reason ot" crime. 
 
 3. Who are interested in the evetit of the suit. 
 
 4. Who are related as Inisljand and wife, 
 
 5. By reason of tlicir iiiiiuble status — sucli as slaves and free 
 persons of color. lveli():;ious belief ijoes only to the credit. 
 
 §3773. At fonrteen years of aoe, the law ])resnmes a child tochiuirtn 
 have suificient nnderstandino; t<i testify. Prior to that age, the 
 court must decide upon extimination. 
 
 §3774. No physical defe(;ts in any of the senses incapacitates aMntos. &c. 
 witness. An interpreter may explain his evidence. 
 
 § 3775. Drunkenness which dethrones reason and memorv, in- nrunken- 
 
 . , , . . ■ ncss. 
 
 capacitates during its continuance, 
 ' S3776. The court must bv examination decide upon the capa- ,,. , 
 
 ^ " _ " 1 i Idiots' and 
 
 city of one alleged to be incompetent from idiocy, lunacy, or in- insane, 
 sanity, or drunkenness. 
 
 § 3777. Persons convicted of treason or any felony are incom- Por 
 petent to testify in any cause after sentence passed and pending' 
 execution thereof, except on criminal prosecutions for escape or 
 rescue. If he be a party to a case, necessary affidavits to obtain 
 his civil rights, may he made by him. 
 
 §3778. Every person is incompetent, unless called by the op- pj,rs„ns in 
 posite party, whether a party to the record or not, who has a di- ''"'■*'**'''*• 
 rect legal interest in the event of the suit, or for or against whom 
 the record might be legal evidence in some subsequent suit. 
 
 ^ 3779. An interest in the question, an honorarv obligation, an interest not 
 
 ... , ' ,' , (lisqualify- 
 
 imagmary interest, or a remote, contingent or uncertain interest, »ns. 
 will not dis(|uality, but goes to the credit. 
 
 crsons in- 
 famous. 
 
714 PT. 3.— TIT. 10.— CHAP. 5.— Evidenck. 
 
 Article 2. — Of the Competency of Witnesses. 
 
 J 
 
 
 Exceptional J^ 3780. TliG fullowiiiii" hIso ai'G cxcoptions to the general rule in 
 
 eases. [-J 
 
 reference to interest : 
 
 1. Persons declared competent by statnte, notwithstanding tlieir 
 interest, 
 
 2. Persons eiititled to rewards on conviction in criminal pros- 
 ecutions. 
 
 3. Agents or bailees called to prove facts done for tlieir prin- 
 cipals in the course of their employment. 
 
 4. Witnesses wliose interest is Ijalanced on either side. 
 
 5. Interest ac(inired by a witness sul)sc4nent to his l)eing sub- 
 pdinaed eitiier willfully to render himself incompetent, or fraudu- 
 lently by the other |)arty. 
 
 G. Nominal parties to the record, liable only for cost. •», 
 
 Re\eaw. §3781. An interested witucss nuiy be rendered competent at > ' 
 
 any time before examimition, In' a release, either made to or by 
 him. Xeither he, nor the part)', by rcfu.-ing to at-ct^pt the re 
 lease can continue his in(;om])etency. 
 iiusbiiiui § 3782. Husband and wife, lawl'ully nnirried, cannot be witnesses i 
 
 for or against each other, nor cau the wife be a witness for a third 
 person, where her testimony may indirectly alfect her husband^ ' 
 The objection exists after the dissolution of the marriage, by death 
 or otherwise, as to all knowledge acfpiircd by either i)arty by rea- 
 son of the marriage relation. An excei)tion to this general rule 
 exists in all criminal uvqua^st criminal proceedings against either 
 party for otfences ui)on the jterson of the other. 
 Party's i.wii >? 3783. Au cxceptiou to tlic rulc excluding interested parties 
 exists in all cases where, from necessity oi' convenience, the oath 
 of the part)' is received by the court in proof of facts prelimina- 
 ry to other evidence, or in the ttonductof a cause. The evidence 
 of the party is also received in odium apoUtatoris when after 
 proof of the tort, the extent of the injury may be proved by him, 
 and against a bailor guilty of negligence, to show the extent of 
 the loss, there being no other evidence within the party's power: 
 and in certain Inferior Courts -where by law this evidence if 
 admitted. 
 ;nmcofob- ^3784. The objection to competency, if known, must be taken 
 mod.; of before the witness is examined at all. It may be proved l)y the 
 witness himself, or by other testimony ; if proved by other testi- 
 mony, the witness is incompetent to explain it away. 
 Reptorntion §3785. A deposit of luouev to cover all costs, or any other 
 ttucy. act which, in tlie judgment ot the court, relieves the witnestj 
 
FT. 3.— TfT. 10.— CHAP. 5.— Evidence. 716 
 
 Article 2. — Of the Competency of Witnesses. 
 
 from his interest, or other ground of incompctcncj, will restore 
 his competenc}'. 
 
 1 
 
 ARTICLE III. 
 
 OF THE EXAMINATION OF WITNESSES. 
 
 Section-. JSectiox. 
 
 3786. Oath or aflirmalion | 3794. Privilege of witness. 
 
 3787. Separate examination j 3795. Impeaching a witness. 
 
 3788. Cross examination. ; 3796. Layinpr the foundation. 
 
 3789. Leading questions. , 3797. General character. 
 3790 Mcmoninduni in aid of witness. | 3798. Sustaining witness. 
 
 3791. Opinions of witness. i 3709. If impeached by cont'y statements. 
 
 3792. Of experts. j 3800. State of feeling and relationship. 
 379."?. Impeaching one's own witness. 
 
 ^3780. The sanction of an oath, or affirmation equivalent oath or af- 
 tliercto, is necessary to the reception ot any oral evidence. The 
 court may frame such affirmation according to the religious faith 
 of the witness. 
 
 §3787. In all cases eitlver oartv has the right to have the wit- separate 
 
 , ' , ^ . , fxainination 
 
 nesses of the other ])arty examined, out of the hearing of each 
 other. The court will rake proper care to effect this object, as 
 far as practicable and convenient, but any mere irregularity shall 
 not exclude the witness. 
 
 5^3788. The riirht of cross examination, thorouii-h and sifting, cmss exiim- 
 
 , , ination of 
 
 belongs to every party as to the witnesses called against him. witnesses. 
 If several parties to the same case have distinct interests, each 
 may exercise tliis right. 
 
 5$ 3789. Leading questions are generally allowed in cross ex- t-*^"'''"? 
 
 , , ^ " . . questions. 
 
 aminations, and only in these ; but the court may exercise a dis- 
 cretion in granting the right to the party calling the witness, 
 and in refusing it to the opposite party when, from the conduct 
 of the witness, or other reason, justice requires it. 
 
 ^3700. A witness may refresh and assist his memory by the Mfm^ran- 
 use of any written instrument, or memorandum, provided he"'' "'""'s^'^' 
 
 ^ , , . .' memory. 
 
 finally speaks from his recollection, thus refreshed, or is willing 
 to swear positively from the paper. 
 
 § 3791. Where the question under examination, and to be de- l^'lta^.g^^ °^ 
 cided by the jury is one of opinion, any witness may swear to 
 his opinion or belief, giving his reasons therefor ; but, if the is- 
 sue is as to the existence of a fact, the opinions of witnesses, 
 generally, are inadmissible. 
 
716 PT. 3.- TIT. 10.— CHAP. 5.— Evidence. 
 
 Article 3. — Of the Examination of Witnesses. 
 
 Experts. §3792. The opinions of experts, on any question of science, 
 
 skill, trade, or like questions, arc always admissible ; and such 
 opinions may be given on the facts as proved by other wit- 
 nesses. 
 
 Impeaching §3793. A party may not impeach a witness, voluntarily called 
 
 ^Ttne°sl° by him, except where he can show to the court that he has been 
 entrapped by the witness, by a previous contradictory statement. 
 
 Privilege of §3794. A witucss is relieved from testifying, as to the same 
 matters hereinbefore specified in relation to n party making dis- 
 covery. 
 
 Impeaching § 3795. A witness may be impeached — 
 
 1. By disproving the facts testilied to by him. 
 
 2. By proof of contradictory statements previously made by 
 him as to matters relevant to his testimony and to the case. 
 
 ^ 3. By evidence as to his general bad character. 
 
 Layingthc §3796. Before contradictory statements of the witness i-au be 
 foundation. p^Qy^^ agaiust him, (unless they are written statements, made 
 under oath, in connection with some judicial proceedings.)' the 
 mind of the witness himself, should be called with as much cer- 
 tainty as possible to the time, place, person, and circumstances 
 attending the former statement; and if in writing, the same 
 should be slujwn to the witness, or read in his hearing, if in ex- 
 istence; and to la}" this foundation, tlie witness may l»e recalled 
 at any time. 
 General <i 3797. To provc general bad character, the imi>eachin<x wit- 
 
 character. . . . 
 
 ness should be lirst asked as to his knowledge of the general 
 character of the witness ; and next as to what that character is, 
 and lastly, he may be asked, if, from that character, he would 
 believe him on his oath. 
 
 Sustaining § 3798. The witucss may be sustained by similar proof of 
 character. But the particular transactions, or the opinions of 
 single individuals, caimot be iiupiired of on either side, except 
 upon cross examination, in seeking for the extent and foundation 
 of the W'itness' knowledge. 
 
 If impeach- § 3799. A witncss, impeached by proof of contradictory state- 
 
 ed by con- , ' .■ i .. 
 
 tradictory nicnts. mav bc sustained by proof of ireneral i»;ood (.-haracter — the 
 
 itatements. re i' ^ - 
 
 eiiect ot the evidence to be determined l)y the jury. 
 state of §3800. The state of the witness' feelings to tlie parties, and 
 
 relationship, his relationship, may always be proved for the consideration of 
 
 the jury. 
 
PT. 8. TTT. 10.- Evidence. 717 
 
 Chapter 6.— Of Interrogatories and Depositions. 
 
 I 
 
 CHAPTER VI. 
 
 OF INTERROGATORIES AND DEPOSITIONS 
 
 Section. j Section-. 
 
 3801. Who may be examined on int'r'gr'si 3809 Compelling witness to answer. 
 
 3802. If the facts cease to exist. i 3810. Where to be examined. 
 
 3803. Mode of obtaining commission. , 3811. Writing out their own answer. 
 
 3804. Without service. ' 3812. Duty of commissioners. 
 
 3805. If there arc several parties. : 3813. How received and disposed of. 
 
 3806. Appointment of commissioners. 3814. Failing to return a contempt. 
 
 3807. Who may act as commi.ssioners. | 3815. Exception.? — when taken. 
 
 3808. How executed. I 
 
 8 3801. A witness may be e.xainined on interrogatories, bv_, 
 
 "^ , , , "^ o ^ J Who may be 
 
 commission, at tlie instance of either party, in any civil cause ?'^'""i""^'\<"^ 
 
 A •' ' •' interrogato- 
 
 pending in any com't in this State, wlien either of the following '"'^s- 
 state of facts exist : 
 
 1. Where the witness resides out of the county. 
 
 2. Where, from the condition of his health, from age, or oth- 
 erwise, he cannot attend the court, or from the nature of his bus- 
 iness or occupation, it is not possible to secure his personal at- 
 tendance without manifest inconvenience to the public or to 
 third persons, (such as Post Masters, Public Carriers, Physi- 
 cians, &:c.) 
 
 3. Where the witness is about to remove from the county, or 
 is about to leave home on business, for a sojourn, or tour, which 
 will extend beyond the term of the court. 
 
 4. All female witnesses. 
 
 5. Where he is the only witness to a material point in the 
 case. 
 
 § 3802. If the state of facts, on which the commission issued if the fact 
 ceases to exist before the trial of the cause, and the witness {g ^^^^^^^ *» "^^ • 
 then accessible l)y subpoena, the testimony taken on interrogato- 
 ries cannot be used. 
 
 § 3803. The party seeking to examine a witness by commis- Mode of ob- 
 sion, must prepare written interrogatories sufficiently explicit to misshfn.*""' 
 inform the other party of the nature of the testimony sought and 
 expected, and yet not liable to the objection of being leading 
 questions, which must also state the residence of the witness, if 
 known, and must serve a copy of such interrogatories on the op- 
 posite party, or his attorney, with a notice of the time of Uling. 
 The orignal interrogatories shall be then filed in office, and there 
 remain for ten days, during whicli time cross interrogatories may 
 
718 FT. 3.— TIT. 10.— Evidence. 
 
 Chapter 6. — Of Interrogatories and Depositions. 
 
 ment of 
 
 commission 
 
 ere. 
 
 be tiled. At the expiration of ten days, a commission shall issue 
 by the clerk (or presiding; judge if no clerk) for the examination 
 of such witness upon the interrogatories, 
 withoutser- 8 3804. If in any case the opposite party is beyond the juris- 
 diction of the court, or cannot 1)0 found, and is not represented 
 by attorney, a notice at the court-house door for ten days, of the 
 tilino- of the interrogatories, shall authorize a commission to issue. 
 §3805. If there are more than one party opposinij, and they 
 
 If there arc o i./iiv,'. .> 
 
 several par- Jiavc uot a joint interest, but several independent interests arc 
 represented by different attorneys, copies must be served ui)oii 
 each, and the right to tile cross interrogatories belongs to each. 
 In every case the court should see that the party really to be ef- 
 fected by the evidence has an opportunity of cross examination. 
 
 Appoint § 380G. Connnissions shall issue generally in blank, allowing 
 
 -the party to select his commissioners ; but in any case, the oppo- 
 sitie party shall have the privilege of naming two competent com- 
 missioners, whose names shall be inserted in the commission, and 
 one of whom shall act in the executiim thereof, unless a good and 
 sufficient reason be f«hown for his failure: 
 
 Whomay §3807. No pcrsou is Competent to act as commissioner, who 
 would be incomi>etent as a juror on account of relationship, or as 
 a witness on account of interest, nor will the attorney of the 
 party or his clerk, or an agent paid to discharge this duty, be a 
 competent commissioner. A commissioner, like a judge, should 
 
 P^^^ stand perfectly impartial between the parties. Two dollars })er 
 day shall be allowed connnissioners for their services, to be i»aid 
 by the party, and taxed with other costs. 
 
 now exccu- § 3S0S. No party, or his counsel, or agent, or other person on 
 
 ***'■ his behalf should be present at the execution of the commission, 
 
 and everything attending the execution should show a perfect 
 impartiality and freedom from bias. 
 
 Compelling § 3809. If a witness refuses to appear before the commissioners, 
 or to answer the interrogatories, upon the certificate of one of the 
 commissioners, or the affidavit of the party or his attorney to the 
 fact, presented to a Judge of the Superior or Justice of the In- 
 ferior Court, it shall be his duty to issue an order to the Sheriff, 
 his deputy, or any constable, to arrest the witness and bring him 
 before such Judge or Justice, and after hearing his excuse and 
 examining the interrogatories, to see that the same are legal, he 
 shall order the said witness to be lodged in jail until he answers 
 
 witnesses to 
 answer, 
 
FT. 3.— TIT. 10.— Evidence. 719 
 
 Chapter 6. — Of Interrogatories and Depositions. 
 
 the same. This provision shall extend to commissions sent from 
 the courts of other States or the Confederate States. 
 
 § 3810. ]S^o female witness shall be required to leave her homewh.roto \m 
 
 , p . . I 11 '^ ^ examined. 
 
 to appear betore commissioners; nor sliall any witness be re- 
 quired to go out of the county, or more than ten miles from his 
 residence, and any witness leaving hi;^ home to be examined, 
 shall have the fees of a witness su1>p<L'naed and attending the 
 court. 
 
 §3811. Witnesses mav write out their own answers in the wnUnj: out 
 . ". Ill- 1 • ^''^''' ""■" 
 
 presence ot the commissioners, and l)y their consent, but in noanswers. 
 
 other way shall they prepare the same, and if the witnesses an- 
 swer from written memoranda, such memoranda shall be sent 
 with the commission, and the fact certified by the commissioners. 
 
 § 3812. The answers should be under oatli, and certified to be,. . , 
 so taken. They should be written out plainly, and be full and '"'S'''""'^^'*- 
 explicit to all the direct and cross interrogatories, they should be 
 signed by the witness, and attested oflicially by the commission- 
 ers named in the commission, and the ])la('e of execution should 
 also appear. The interrogatories, answers and commissions should 
 be then sealed up in envelope, with the names of the commis- 
 sioners written across the seal, and directed to the ofiicer of the 
 (iourt whence the commission issued. The package can be sent 
 by mail or intrusted to tlie party or some ])nvate hand. In the 
 former case, the postmaster receiving it from the commissioner 
 must certify to the fact, and the postmaster delivering it to the 
 court must certify to its reception by due course of mail. In the 
 latter case, the person recieving and delivering it in court, must 
 make affidavit of the fact, and of its freedom from alteration. 
 
 § 3813. The package thus forwarded must be received in open iiow receiv- 
 court, and opened only by its leave or the consent or parties, and posed of. 
 
 when thus received, shall become an office paper, to be used by 
 either party under the direction of the court. 
 
 §3814. A commission once executed must be returned, and a Failing to re 
 party failing to return or willfully abstracting such, shall be at- tempt!'"" 
 tached for contempt, and otherwise dealt with until the same is 
 produced. 
 
 § 3815. All exceptions to the execution and return of commis- Exceptions 
 sions must be made in writing, and notice thereof given to the taken, 
 opposite party before the case is submitted to the jury ; Provided, 
 the same have been in the clerk's ofiice for twenty-four hours 
 
720 PT. 3.— TIT. 10.— Evidence. 
 
 Chapter 6 — Of Interrogatories and Depositions. 
 
 prior to the trial. Depositions read on the first trial shall not be 
 subject to formal exceptions on the appeal. 
 
 CHAPTER VII. 
 
 PERPETUATING TESTIMONY. 
 
 Sectiox. ' Section. 
 
 •ISIG. Application and order. ; 3819. Effect of testimony, 
 
 asn. Deposition and fding. : 3820. Fees. 
 3818. Application recorded. 
 
 § 381G. If au}^ jierson desires to perpetuate tlie testimony of a 
 BDd order, ^vitncss, in anticipation of litigation, not yet pending, and ^vhich 
 it is not in his jjower to commence, he may make written appli- 
 cation to the Judge of the Superior Court of the county Avlicre 
 the witness resides, or if a non-resident, where he may be tempora- 
 rily, stating the facts, the proof e.\[)ected, and the parties proba- 
 bly interested on the other side, accompanying such application 
 with the written interrogatories to be propounded to the witness, 
 whereupon the Judge shall pass an order requiring some disin- 
 terested attorney of the court to act as commissioner and take 
 such testimou}', providing in such order for the most effectual 
 notice to the opposite parties, aiul for any cross interrogatorie.- 
 which may be filed. 
 Depositions §3817. Sucli couimissioiier, after executing the commision in 
 the same manner as in ordinary cases, shall file the package with 
 the Clerk of the Superior Court, with his endorsement of the fact 
 thereon, which package shall be safely kept, until produced hy 
 him for publication under the order of the court. 
 Application §3818. The a})plication for tlic order, and the order, shall be 
 recorded. (.^^^^.^(^ qj^ i]^q miuutes bcfore delivery to the commissioner for 
 
 execution. 
 Effect of §3819. Testimony thus taken shall be used </6 5d7?(3 ^56'g if, at 
 
 " ■ the time the litigation arises, no more satisfactory examination of 
 the witness may be had. 
 Fees. § 3820. The court granting the order shall prescribe the fees tu 
 
 be paid to the commissioner and Clerk. 
 
PT. 3.— TIT. 11.— CHAP. 1.— Juries. 
 
 721 
 
 Article 1. — Of Qualification of Grand Jurors. 
 
 TITLE XI. 
 
 OF JURIES 
 
 CiiAPTEK 1. Of grand juries. 
 
 Chapter 2. Of special juries. 
 
 CuAPTiiR 3. Of petit juries. 
 
 Chapter 4. Of juries in tlie Inferior Court. 
 
 Chapter 5. Special provisions. 
 
 CHAPTER I. 
 
 OF GRAND JURIES. 
 
 Article 1. Of the qualification of grand jurors. 
 
 Article 2. How selected, drawn and summoned. 
 
 Article 3. Oath of the grand jury. 
 
 Article 4. Of the power and duty of a grand jury. 
 
 ARTICLE I. 
 
 OF QUALIFICATION OF GRAND JURORS. 
 SECTio>f 3S2L Qualification of grand jurors. 
 
 §3821. All free white male citizens of this State, above the Qualification 
 age of twenty-one years, and under the age of sixty years, being ]',(rol^'"* 
 neither idiots, lunatics, nor insane, who have resided in the coun- 
 ty for six months preceding the time of serving, and who are 
 deemed fit and proper persons, as hereinafter provided, are here- 
 by declared qualified and liable to serve as grand jurors, unless 
 exempted by law. 
 
 ARTICLE II. 
 
 now SELECTED, DRAWN AND SUMMONED. 
 
 Section. 
 .3822. How selected and drawn. 
 3H23. Number to be drawn. 
 3824. Number to be impanncUed. 
 
 I Section". 
 
 I 3825. Precept to the Slicrilf. 
 
 I 3826. How summoned. 
 
 § 3822. The Justices of the Inferior Court of each county, or "o^ soiec- 
 a majority of them, together with the Sheriff and Clerk of the *" 
 46 
 
722 FT. 3.— TIT. 11 —CHAP. 1.— Juries. 
 
 Article 2. — How Selected, Drawn and Sutnmoned. 
 
 SuperioTCuiirt, shall convene at the court-house, in their res- 
 pective counties, on the iirst Monday in June next, after the ado])- 
 tion of this Code, and biennially on tlie Iirst Monday in June 
 thereafter, and shall select from the books of the Iveceiver of 
 Tax lleturns for their respective counties, the names of such able, 
 discreet, and qualified citizens of the county as, in their judg- 
 ment, are fit and proper persons to serve as grand jurors, and 
 shall make a list of the names of the persons so selected, and 
 ;,'Ji!!s"tobe transmit it under their hands to the next Superior Court of their 
 °'"^'""'' respective counties, and the Clerk of said Sui>erior Court shall 
 immediately, after receiving such list, fairly enter the same in 
 a bo(jk f(.r that purpose, provided at his own expense; and 
 the Judge then presiding shall cause the Clerk of said Superior 
 Court to make out tickets, with the names of the persons so se- 
 lected written thereon ; which tickets shall be put in a box, to 
 be provided l)y the Clerk at the i)ublic expense— the box to have 
 two apartments, marked numl)cr r/;/r' and two : the Judge shall 
 then lock and seal up the box, and place it in the care of the 
 Clerk keeps Clcrk, aud the key in the care of the Sherift', and no grand jury 
 k^'^'grnrnf «'^'^'^ ^^^ drawn and impannelled, but in the presence of the 
 &nin' Judge in open court, except as hereinafter provided ; nor shall 
 open ocnrt. j^jj^/'d^,,.]- ^r Other pei-son, having the custody of the jury box, 
 presume, under any pretence whatever, to open said box, or 
 transpose, or alter the names, unless it be by the direction of the 
 Judge in open court, attending lor the purpose of drawing a 
 jury, except as hereinafter excepted. 
 Tiow ,ir:iw,u § 3823. Thc Judge in open (;(.urt shall break the seal and un- 
 lock the box, and cause to be drawn from the apartment of tlic 
 Knmbcrto Same marked number (y;?^, not less than twenty-three nor more 
 ** drawn, ^j^^^^ thirty-six names, unless otherwise directed by law, to serve 
 as grand jurors, which names, so drawn out shall, after an account 
 is taken of tliem at each time of drawing, be carefully deposited 
 in the other apartment of said box marked number two; and 
 when all the names shall have been drawn out of apartment 
 number one, the drawing shall commence from apartment number 
 two, and the tickets be returned to number one, and so on alter- 
 nately ; and no name so deposited shall, on any pretence, be 
 throwai out or destroyed, except when it is satisfactorily shown 
 to the Judge that the juror is either dead, removed out of the 
 county, or is otherwise disqualified by law. 
 
FT. 3.— TIT. 11.— CHAP. !.— Juried. 723 
 
 Article 2. — How Selected, Drawn and Summoned. 
 
 §3824. Xo errand jurv shall consist of less than eiajhteen or Number to 
 tnorc tJian twentj-tiirec. 
 
 ^ 3825. AVithin thirty days after the grand jury is drawn, as here- Precept u. 
 inbefore provided, tlie Clerk of the said Superior Court shall issne 
 and deliver to the Sheriff, or his lawful deputy, a precept for 
 sununoninp; the same, to which he shall annex a pannel contain- 
 ini,' the names of the persons drawn as aforesaid, exactly trans- 
 scril)cd from the minute book, and in the mandatory part of the 
 l)recept, the following words shall be written, viz : " The several 
 persons named in the pannel hereunto annexed." 
 
 5382f). Upon receipt of the precept mentioned in the prcce-no^v served, 
 ding section, the Sheriff, or his dc})uty, shall cause the persons 
 ^yhose names are written in the pannel annexed to the precept, 
 to be served pei-sonally, or by leaving the same at his residence, 
 with a summons, at least ten days before the sitting of the court 
 for which they are drawn, which summons shall be in substance 
 a^5 follows, to wit : '' By virtue of the precept to me directed, Form of no- 
 you are hereby commanded to appear before the] >residing Judge, '''^'" 
 at the next Superior Court to be held at the court-house, in 
 and for tlio county of on the day of at ten 
 
 o'clock in the forenoon of that day, to be sworn as a grand ju- 
 ror;'' whicli summons shall l)e signed by the Sheriff, or his law- 
 Ihl dei)uty, who shall make due return of such precept, setting 
 forth the names of all persons served as aforesaid, and also the 
 names of those not served, together with the reasons why they 
 were not served. 
 
 ARTICLE III. 
 
 OATH OF THE (IRAND JURY. 
 Section- 3827. Oath of tlic grand jiiiy. 
 
 §3827. The following oath shall be administered to the fore- oath of the 
 man of all grand juries, viz: "You, as foreman of the grand ^'""'^ ^'"■^' 
 jury for the county of shall diligently inquire and true 
 
 presentments make of all such matters and things as shall be o-ivc^n 
 you in charge, or shall come to your knowledge, touching the 
 present service, the State's counsel, your fellows and your own 
 you shall keep secret, unless called upon to give evidence thereof 
 in some court of law in this State; you shall present no one from 
 envy, hatred or malice, nor shall you leave any one unpresented 
 from fear, lavor, affection, reward, or the hope thereof, but you 
 
r24 PT. 3.— TIT. 11.— CHAP. 1.— Juries. 
 
 Article 3. — Oath of the Grand Jtiry. 
 
 shall present all things truly, and as they come to your know?- 
 edi^e ; so lielp you God." And the same oath thus taken by tiie 
 foreman, shall be taken by each and every member of any ant) 
 all grand juries in this State. 
 
 ARTICLE IV. 
 
 OF THK POWKR AND DUTY OF A ('.RAND JURY. 
 
 Section. 
 :;828. Wlicn bound to present. 
 ;JS29. Foreman may swear witnesses. 
 3830. Power as to errors in tax hooks. 
 
 Section. 
 38.^1. Sliall examine county offices. 
 :',H?,'2. Shall examine tlic list of voters. 
 
 ..r, K ^ S3828. Whilst }.rran(l jurors are bound only to n<itice <»r make 
 
 VV hen bound o r> j ^ 
 
 ^Ticc"''^ **'^" presentments of such oflences as may or shall (-(nne to their kuowl- 
 cdge or observation after they shall have been sworn, yet, they 
 have the right and power, and it is their duty, as jurors, to mako 
 presentments of any violations of the laws which they may know 
 to have been committed at any previous time, which are not 
 barred by the statute of limitations. 
 
 (.'orcmnn §3829. Tlic forcmau of each grand jury in this State nuiv iid- 
 
 «itnp8!>os. minister the oath prescribed by law to all witnesses required to tes- 
 tify before such grand jury, and may also examine such witnes.scr«. 
 
 Mistakeof (s 3830. Whenever it sluill satisfactorily ai>!x.'ar to the <rran<l 
 
 Tax Kccci- «^ . i i i* • • m t 
 
 ''"'■• jury of any county in this State, that the Receiverof Tax Returns- 
 
 has committed an error in making an entry in his digest, of either 
 quantity or (piality of property returned in such digest, or in the 
 amount of taxes assessed, such grand jury may recommend the In- 
 ferior Court of their count}' and the Comptroller General of the 
 State, to cause such error (particularly si)ecifying the same) to be 
 corrected. 
 Shall exam- § 3831. lu addition to the duties of the crand iurv, as indicated 
 ces, books, m the oath administered to them, and as retiuired b}- law, it siiall 
 
 Mid records ^ /. i i • /^ 
 
 of eachterm. \)q their spccuil duty, from term to term of the Superior Court, to 
 inspect and examine the otHces, papers, books and records, of the 
 Clerks of the Superior and Inferior Courts, and also the books, 
 papers, records, accounts, and vouc-hers of the County Treasurer, 
 and cause any such Clerk or County Treasurer, who shall have 
 failed or neglected to do his duty as required by law. to be pre- 
 sented for non-performance of official duty. 
 Shall esam- § 3832. It sliall also be the duty of the grand juries of the sev- 
 the voters, eral countics in this State to carefully examine the list of voters 
 
 \ 
 
PT. 3.— TIT. 11.— CHAP. 1.— Juries. 72{ 
 
 Article 4. — Of the Power and Duty of a Grand Jury. 
 
 required by law to be laid before them, and if there be found on 
 such list any voter not entitled to vote according to the provi- 
 sions of this Code, to present such voter for such violation of 
 law.* 
 
 CHAPTER II. 
 
 OF SPECIAL JURIKS. 
 
 Section. j Section. 
 
 3833. How selected and sworn. | 3835. No otlier oath m divorce cases. 
 
 3834. Oath of special jury. I 
 
 § 3833. All special juries shall be taken from the grand jury, iiowsei«t- 
 and shall be stricken in the presence of the court in the following swom. 
 manner : the Clerk shall furnish a list of the grand jurors ]>resent 
 and then inipannelled, from which the parties or their attorneys 
 may strike out one alternately, until there shall be but twelve left, 
 who shall be forthwith cmpannelled and sworn as special jurors; 
 in cases of appeal by consent the plaintiff shall strike first, and 
 In all other cases the appellant shall strike first, and should either 
 party fail or refuse to strike such special jury, after being notified 
 or required so to do, the presiding Judge shall, in behalf of the 
 party so failing or refusing to stike, proceed in the same way 
 and manner as if the party failing or refusing were striking said 
 special jury in person, or consenting to the same. 
 
 §3834. The following shall be the oath of all special juries, to The oaOi r.; 
 wit: "You shall well and truly try each cause submitted to yoUj^u7y!"*' 
 vluriiig the present term, and a true verdict give, according to the 
 law as given you in charge, and the opinion you entertain of the 
 evidence produced to you, to the best of your skill and knowledge, 
 without favor or affection to either party, provided you are not 
 discharged from the consideration of the case submitted. So help 
 you God" 
 
 § 3835. No additional oath shall hereafter be necessary in cases no addition 
 
 f« 1 • al oath In 
 
 of divorce. divorc* 
 
 cas'■^ 
 
 * Note. — In addition to the foregoing provisions, tlio following note may aid grand 
 juries in the discharge of their official duties. 
 
 1 . They may recommend extraordinary tax for county purposes. 
 
 2. May examine and allow Tax Collector's insolvent list. 
 
 3. May examine .and recommend aba*,ement in certain cases. See "tax." 
 
 4. Every fall term examine Clerk's account of sales of estraj's. 
 
 5. At spring term may recommend a tax for educational purposes. See appropri- 
 ate heads. 
 
726 FT. 3.— TIT. 11.— CHAP. 3.— Jueies. 
 
 Article ]. — Qualification of Petit Jurors. 
 
 CHAPTEE III. 
 
 OF PETIT JURIK8. 
 
 Article 1. Qualification of petit jurors. 
 
 Article 2. llow selected, drawn, !^unimoncd, and sworn. 
 
 AETICLE I. 
 
 QUALIFICATIONS OF PETIT JURORS. 
 Section' .1836. Qualification of petit juror.*;. 
 
 QiLinncaiioii §3830. All free white male citizens of this State, above tlio 
 age of twenty-one years and under the age of si.xty y(3ars, wlio ar(^ 
 neither idiots nor lunatics, and who luivo resided in the county 
 for six months innnediately i)receding the time at wliieli they arc 
 called upon to serve, are hereby deolarcd competent, fiualified 
 and liable to serve as petit jurors. 
 
 ARTICLE II. 
 
 now SELECTED, DRAWN. SUMM0J«<:D AND SWoRN. - 
 
 Section-. I Section. 
 
 3837. Selected, drawn, and sunuuoneti. j 3838. Oath of petit juror.<. 
 
 Howscicc- §3837. The citizens of the county whose names remain on the 
 books of the Receiver of Tax Returns, after the grand jurors have 
 been selected, and who possess the qualifications prescribed in the 
 preceding section, shall constitute the body of petit jurors for 
 service in the Superior Courts ; and a list of their names shall be 
 made out and returned, written upon tickets, and placed in a box 
 m the same manner as required in cases of grand jurors ; and 
 
 mraed!'"" ^^"^"^ ^^^^ ^C)X tlicrc shall be drawn a pannel of persons, consisting 
 of not less than thirty-six nor more than forty-eight names, un- 
 less otherwise directed by law, who shall be summoned in the 
 same manner and under the same regulations which are pre- 
 scribed for drawing and summoning grand jurors. 
 
 Note. — For special provisions in relation to drawing grand and petit jurors in 
 counties m which the Superior Court sits two or more weeks, see special acts not 
 included in this Code or repealed hj il. 
 
 How drawn. 
 
PT. 3.— TIT. 11.— CHAP. 3.— Juries. 
 
 Article 2. — How Selected, Drawn, Summoned, &c 
 
 § 3838. The following oath shall be administered to petit jurors Their onth. 
 in all civil cases, viz : "Yon shall well and truly try the causes 
 depending between the parties at variance, and a true verdict 
 give according to evidence. So help you God." 
 
 CHAPTER IV. 
 
 OF JURIES IX THE IXFERIOR COURT. 
 
 Article 1. Qualifications ot'jurors in the Inferior Court. 
 Article 2. How selected, drawn, summoned and sworn. 
 
 ARTICLE I. 
 
 OF THE QUALIFICATIONS OF .JURORS IN THE INFERIOR COURT. 
 Section 3839. Qualirioationp. 
 
 §3831), The qualifications of jurors to try causes in the Inferior Q„,^,i^j^y^ 
 Courts of this State shall be the same as those prescribed by law "'^ •'"'"'■*■ 
 for petit jurors in the Superior Courts. 
 
 ARTICLE II. 
 
 HOW SELECTED, DRAWN, SUMMONED AND SWORN. 
 
 Section. 
 38-10. Selected, drawn and snnnnoncd. 
 
 Section. 
 3841. How s^worii. 
 
 § 3840. At each and every meeting held for the i)urpose of ar-Howsci«- 
 ranging or revising the jury boxes of the Superior Court, the Jus- '"'^ 
 tices of the Inferior Court present at such meeting, shall cause an 
 exact copy of the petit jury list of the Superior Court to be made 
 out and delivered to the Clerk of tlie Inferior Court, wdio shall 
 immediately enter the same in a book to be provided by him for 
 that purpose ; and the persons wliose names are on such list shall 
 constitute the body of jurors for the trial of causes in the Inferior 
 Court, and the said Justices witli said Clerk shall write said 
 names on tickets, and arrange them in a box in the same manner 
 as is required in tlie Superior Court, and the Inferior Court in 
 term time (except as hereinafter excepted) shall draw from said y„„ j,.^,^.„ 
 box a pannel of jurors consisting of not less tlian twenty-four nor 
 more than thirty-six names, to serve at the term of said Inferior 
 
-728 FT. 3.— TIT. 11.— CHAP. 4.— Juries. 
 
 Article 2. — How Splected. Drawn, {Summoned and Sworn. 
 
 Court next succeeding tlie term ;it which such drawing takes 
 place, and tlie jurors thus drawn sliall be summoned by the Slier- 
 
 inon r™" Jff *^"' ^^^* Deputy, l)j virtue of a )>recept issued by such Clerk of 
 the Inferior Court, under the same regulations as those prescribed 
 in this Code for drawing and summoning })etit jurors in the Su- 
 perior Court. 
 
 jiow sworn. § '3841. The same (.»ath which is required to be administered to 
 petit jurors in the Superior Court, shall be administered to jurors 
 empannelled to try causes in the Inferior Court. 
 
 CHAPTEIl V. 
 
 SPl'XIAL rROVISIOXS. 
 
 .Section. Skction. 
 
 3812. Wlicn Judge fails to draw a jury, i 'AHiT. Oatli of jurj in claim cases. 
 384:5. Juries may be made by talesman. | 3818. Failure of court, jury .stands over. 
 3844. Jury box destroyed — how replaced. ' 3849. When jury lists, &c., may be made. 
 
 3845. Persons exempt from jury duty. 
 384G. Mav rccomnietid extra tax. 
 
 3850. May bo lined for contempt. 
 
 3851. Mav have refreshmeDts. 
 
 uponf.iiiuie § ;584'2. If from any cause, the Judge of the Superior Courts 
 
 of tho Jiulgo T,,..! I ', -, ...' , ... ., 
 
 to dr.iw. shall tail to (.Iraw grand and petit juries, as hereinbefore required, 
 the Justices of the Inferior Court, or a majority of them, together 
 with the Sheriff and Clerk of the Superior Court of the county 
 in which such failure occurs, shall assemble at the court-house in 
 such county at least si.xty days jtrcvious to the sitting of the court 
 at wdiich the jurors are recpiired to serve, and proceed to open 
 their jury bo.\es, and draw therefrom the required number of 
 names to serve as grand and petit jurors at their next depending 
 Superior Court, and the juries being so drawn, the boxes shall be 
 again sealed up, and with the key, delivered to thecustody of the 
 proper othcer ; and if the Inferior Court from any cause shall 
 fail to draw a jury, at the time hereinbefore prescribed, to serve 
 How drawn lu their said Inferior Court, the Justices of said Inferior Court, 
 o<nirt' or a majority of them, together with their Clerk and the Sheriff, 
 shall meet at the court-house at least forty days before the sitting 
 of the court at which the jurors are to serve, and draw a jury for 
 said Inferior Court, under the same regulations that they ought 
 to have been done in term time. t. 
 
 mmlTfln ^ 3843. When from any cause there shall not be present a «if- 
 ii»gto»tten<ifl(.igi)l; number of persons drawn and summoned as hereinbefore 
 required to make up a grand jury, or the petit juries, or a jury 
 
FT. 3.— TIT. 11.— Juries. 729 
 
 Chapter 5. — Special Provisiens. 
 
 to. try causes in the Iiileriur Court, the court may order the Sher- ^fayhpmade 
 iff, his Deputy, the Coronrr, or any otlier disinterested person, to st^tKi^rs- ' 
 suinnion bystanders or oiher, qualified as hereinbefore prescribed, 
 until the pannel sluill be complete. 
 
 55 3844. When tlie iurv list and jury boxes of any county in ifthcjurj 
 
 11 T . .IT . • /-I boxsh..uld 
 
 this State shall be destroyed, the Justices ot the Inferior Court, be destroyed 
 or a miijority of tliein, toi^ether with the Clerk of the Superior 
 Court and the Sheriff, shall, as soon thereafter as practicable, J^i!'J^^°f- 
 meet at the court-house, and make out jury lists and arrange the 
 names in boxes as hereinbefore directed. 
 
 ^3845. All the Justices of the Inferior Court and clerffymen ivrsonsex 
 
 *- ^ *-'*' empt from 
 
 of this State, may at their own option be exempt from the ser-j"rydutr, 
 vice and duties of a grand juror. 
 
 i53846. Upon the recommendation of theG;rand jury, the Justi- The grand 
 
 . , T . . . ,..,., jury may ra- 
 
 ces of the Inferior Court of the several counties in this State, <''"nm«'n'i an 
 
 ^ extra ths, 
 
 may assess and raise a tax for the reasonable compensation of 
 grand and petit jurors, or either of them, and at their pleasure 
 and discretion disconfinue such tax, and again resume and re-as- 
 sess and i"aise it upon the recommendation aforesaid ; the jury 
 and confession fees in such case to be paid into the County Treas- 
 ury as a part of the fund for that purpose ; and when such tax is 
 raised, the Clerk of the Superior Court shall issue to the jurors 
 whose compensation is provided for as aforesaid, a certificate 
 which shall be deemed and held a warrant on the County Treas- 
 wvy f\)r the amount of the money due such juror, according to theouT^'' 
 per diem pay fixed by the Inferior Court, and the County Treas- 
 urer shall })ay the same out of the fund so raised by taxation as 
 aforesaid, and the Tax Collector shall collect the tax and pay it 
 over as county tax. 
 
 j5 3847. The following oath shall be administered to all iuriesoathofthe 
 
 . " jury inclaiii! 
 
 einpannelled to try claim cases, whether at common law or on tne'cases. 
 appeal, to wit : "In addition to the oath you have already taken, 
 3'ou do further swear that you will give such damages not less 
 than ten per cent, as may seem reasonable and just to the plain- 
 tiff against the claimant in case it shall be sufiiciently shown to 
 you that such claim was made for delay only. So help you 
 God." 
 
 f8848. Whenever there shall be a failure of the Superior Court on failure of 
 ^ ^ tho Court 
 
 nferior Court, in consequence of the non-attendance of the 
 
 Judge or Justices, or other cause, the jurors summoned for such 
 
730 PT. ?,.— TIT. 11.— Juries. 
 
 Chapter 5. — Special Provisions. 
 
 court shall stand over to the next sncceedinii; term in the same 
 manner as suitors and Avitnesses do. 
 wheniistis §3849. Whenever the proper officers, in any county in this 
 
 not ni.ado. i ii /> -i i i • i« " i 
 
 btate shall tail to meet and make out ,iurv lists and arrauij^e jury 
 boxes for their respective counties at tiie time directed in this 
 Code, the same may be done at any time belbre tlie next term of 
 the Superior Court to be lield in the county after the time at 
 which the lists should have been made out. 
 Maybotimd 8 3850. If auy iury shall commit a contemi)t of court, or shall 
 
 for contemi.t "^ ,,.... , . ,. . . ., . , 
 
 break up belore giving in their verdict in any civil case without 
 leave of tlie court, the court may declare a mistrial in the case, 
 and shall fine each of the oifending; jurors in a sum not exceeding 
 one hundred dollars. 
 Maybavpre- §3851, AVlicn any jury is confined in the investigation of a 
 case for a length of time which exposes tiiem to hunger and cold, 
 the Court may, on application from such jury, direct them to be 
 furnished with such refreshments as the presiding Judge may 
 deem meet and i)roper, and the said Judge shall have full powei' 
 to draw his warrant on the County Treasurer of the county where 
 the investigation is had, for tlie payment of the same, M-hich the 
 said Treasurer shall pay out of any funds on hand. The Judge 
 may also allow the jury fire if the circumstances require it. 
 
 TITLE XII. 
 
 PROCEEDINGS AGAINST OFFICERS OF COURT. 
 
 CHAPTER I. 
 
 PROCEEDINGS AGAINST OFFICERS OF COURT. 
 
 Section". i Section'. 
 
 3852. Officers subject to suit, &c. | 38u9. When ruled without notice. 
 
 3853. Liability of Sheriffs. I 3SG0. Judgment on rule. 
 
 3854. Demand of money collected. 
 
 3855. Service of demand — how proved. 
 
 3856. Retired officers may be ruled. 
 
 3857. Rules ni si against officers. 
 
 3858. Answer and proceedings. 
 
 Officers of § 3852. All Sheriffs, under Sheriffs, Coroners, Jailors and Consta- 
 
 t?"6uit^i;e. blesand other officers of court shall be liable to all actions, suits and 
 
 disabilities whatever, which they, or either of them, may or shall 
 
 386 1. Defaulting officers — how puiii.shed. 
 
 3862. Delinquent attorneys. 
 
 3863. Rule against Deputy Sheriff. 
 
 3864. Service of rule against Sheriff. 
 
 3865. Rule c*. J. P. and Constables, 
 
FT. 3. — TIT. 12. — ^Pkoceedings against Officers. 731 
 
 Chapter 1. — Proceedings against Officers of Court. 
 
 incur lor or on account of the escape of prisoners, or for or in re- 
 spect of any other matter or thing whatever, rehitinjr to, or con- 
 cerning their respective offices. 
 
 § 3853. The Sheriffs of tliis State shall be liable to an action on uawnu of 
 the case, or an attachment for contempt oi court, at the option ot 
 the party, -wlierever it appears that such Slieriffs liave injured such 
 ])arty, eitlicr by a ialse return, or by neglecting to arrest a defen- 
 dant, or to levy on the property of the defendant, or to pay over 
 to the plaintiff, or his attorney, any monies collected by such 
 Sheriffs by virtue of any Ji. fa. or other legal j)rocess, or to make 
 a proper return of any writ, execution, ov other process put into 
 the hands of such Sheriff. 
 
 § 3854. If any Sheriff, Coroner, Justice of the Peace, Constable, Money coi- 
 Clei'k of the Superior, or Inferior Com't, or attorney at law, shall nciis may 
 +ad, upon application, to pay to the proper person, or Jus attor- c.i. &o. 
 ney, any money they may have in their hands, which they may 
 have collected by virtue of their ofHce, the party entitled thereto, 
 t>r his attorney, may serve said oflicer with a written demand for 
 the same, and if not then paid, for such neglect or refusal, the 
 said officer shall be compelled to pay at the rate of twenty per 
 cent, per annum, ui)on the sum he has in his hands, from the date 
 of such demand, unless good cause be shown to the contrary. 
 
 §3855. A copy of said demand produced in court, verified by j^^.rvioo or 
 affidavit, stating when and where the original was served upon 'jlo',""''",;^,.,. 
 the officer, shall he2^i"iniafacie evidence of the date and service 
 thereof. 
 
 § 3S5f). Sheriffs, Deputy Sheriffs, Coroners, Clerks of the Su- omocrs may 
 perior and Inferior Courts, Justices of the Peace and Constables, u^rporngoiit 
 shall at any and all times be subject to the rule and order of the" ** 
 courts after they have retired from their respective offices, in such 
 cases and in like manner as they would have been had they re- 
 mained in office. 
 
 §3857. The Judges of the Superior Court, Justices of the In-i,„,„ni^i 
 ferior Court and Justices of the Peace, respectively, upon appli- "^^^ ""'" 
 cation, may grant rules ?r/.<??! against all officers subject thereto 
 in vacation, or in term time, which rale ■)d si shall contain a full 
 statement of the case in which the officer is called upon to show 
 cause, and also the time and pla(;e of hearing, and, if granted in 
 vacation, the officer called on shall be served with a copy thereof 
 before the sitting of the court to v/hich it is made returnable, and 
 
732 PT. 3.— TIT. 12.— Proceedings against Officeks. 
 
 Chapter 1 — Proceedings against Officers of Court. 
 
 if granted in term time, siieli service shall be perfected before the 
 case is called for hearing. 
 Answer to § 385S. TliB officcr called on bv rule ni sL as provided in the 
 
 rule ni si, ,. . i n ,• ii ' i • • . • i i 
 
 andsubsc- i)receuinf; section, sliall lullv respond m writing to said rnle. 
 
 quentpro- " i ii i i ' i i i . 
 
 pceriings. wlucli auswcr sliall be under oatli, taken at the time tbe answer 
 is filed ; and if the answer is not denied, the rnle shall he dis- 
 charged, or made absolute, according as the court may deem the 
 answer sutKcient or not. The movant of the rule, however, 
 may traverse the truth of such answer, in which case an issue 
 shall be made up and tried by a jury at the same term, unless 
 good cause of continuance be shown, which may be done once 
 only by either l>;irty. Upon the trial of such issue, the court 
 shall discharge the rule or make the same absolute, ac(H)rding as 
 the verdict of the jury may i)e for or against the officer. 
 v;hcno«i- §3850. If a Slierifl' or other officer shall designedly al)sent 
 rXrwfih-' himself froni his court, the j)residing Judge or Justices, in all 
 
 out notice. ■< • . , . , , . . .,« • • i • 
 
 such instances, when recpiired l)y phiintitrs in execution, or their 
 attorneys, shall grant a rule alisolute against such Sheriff without 
 the notice aforesaid, unless it is proven at such term of the court, 
 that the said Sheriff, from sickness, is not able to attend said court. 
 
 Lienofruu- §3S()(». AVlieii a rule absolutc lias been obtained again.st any 
 officer for the payment of money as provided in this chapter, 
 such rule shall have the same lien upon the property, both real 
 and personal, of such officer as an ordinary judgment at law, and 
 {'( not punctually paid, such demand shall thereafter draw an in- 
 terest at the rate of twenty per cent, per annum, and the plain- 
 tiff may have either an attachment (U* an execution issued from 
 said r\ile absolute, and may have either of said processes return- 
 ed, and the other issued at pleasure. 
 
 Doiauitof §3801. If any Sherifi* or Coroner shall fail to make a proper 
 
 how puuis))- return ot all writs, executions, and other processes put into his 
 hands, or shall fail to pay over all monies received on such exe- 
 cutions, on his being required so to do by the court, he shall be 
 liable to an action as for contempt, and may be fined, imprison- 
 ed, or removed from office, in the manner j)rescribed by the con- 
 stitution and laws. 
 
 Delinquent §3862. If auv attomcv sliall retain in his hands anv monev 
 
 attorney to .,,,." , " " " 
 
 be stricken received by him for anv client, after being ordered bv the court 
 
 from the roll. ' ^ 
 
 to pay over tlie same to the principal, he shall be stricken from 
 the list of attornevs. 
 
FT. 3. — TIT. 12. — Proceedings against Officers. 733 
 
 Chapter 1. — Proceedings against OfBcers of Court. 
 
 § 3863. All Deputy Sheriffs shall be liable to be ruled and at- Deputy 
 
 1 -1 • 1 1 oi -ir- 1 1 1. 1 •!• Sheriffs sul)- 
 
 tached in the same way and manner as oheriiis ; but tlie liabili-jccttoruie, 
 ty of the Sheriff shall not be affected by any such proceeding 
 against his deputy, when the same is not effective. 
 
 S 3864. Whenever the Sheriff or his deputy is a party to said R"'*' -igaiBst 
 
 '^ . 1 J 1 .; Sheriff and 
 
 rule, or interested therein, and there be no Coroner, or other aeimty— hy 
 
 ' ■whom serv- 
 
 hiwful officer of said county to execute the same, it shall be the^'^- 
 duty of the Judge, or Justice, or Justices of said court, to ap- 
 [)oint, pro tempore^ a special officer to carry out and effectuate 
 the order of said court, which said officer so, appointed, shall be 
 allowed the usual fees of Sheriffs for like service. 
 
 § 3865. J ustices of the Peace and Constables shall be so far con- J"^««'s of 
 
 " the Peace 
 
 sidered officers of the Superior Court, as to be subject to be ruled ^"^^-whew 
 under similar regulations as are herein provided in relation to™'*"''- 
 any other officer of said court, and sliall be subject to all the 
 pains and penalties herein provided, in case of a rule absolute 
 against Sheriffs and other officers of said court, when they, or 
 cither of them, shall refuse or neglect to pay over any money 
 which they may have received or collected in their official ca- 
 pacity. 
 
734 FT. 3.— TIT. 13.— CHAP. 1.— Foreclosing Moktgages. 
 
 Article 1. — Application to Foreclose, &c. 
 
 TITLE XIII. 
 
 OF PROCEEDIXGS TO FORECLOSE MORTGAGES. 
 
 CiiAi'TEii 1, Of mortgages on real estate — how foreclosed. 
 CiiAPTini 2. Of mortgage on personalty — how foreclosed. 
 
 GIIAPTEPt I. 
 
 M0RT(4AGES OX REAL ESTATE— HOW FORECLOSED. 
 
 Akticle 1. Of the application — when and how made. 
 Akticle 2. Defences, pleas — when and how made. 
 Article 3. Of the judgment, disposition of [)roperty, t^c. 
 Article 4. Of the proceeds of sale — how appropriated. 
 
 ARTICLE I. 
 
 APPLICATION TO FORECLOSE— AVIIEN, WHERE. AND HOW MADE. AND 
 PROCEEDINGS THEREON. 
 
 Section. : Section. 
 
 3866. Mortgage on land — how foreclosed. ' 3867. Executors, &c. may foreclo.so. 
 
 Foicciosurc § 3SG0. Mortgages on real e?;tate in Georgia, shall be i'ovv- 
 onnaky!^' closcd in thc following manner, to wit : any person applying and 
 entitled to foreclose such mortgage shall, by himself, or liis at- 
 torney, petition the Superior Court of the county wherein thc 
 mortgaged propert}?^ may be, which petition shall contain a state- 
 ment of the case, the amount of the petitioner's demand, and a 
 description of the property mortgaged; whereupon the court 
 i shall grant a rule, directing the principal, interests and costs, to 
 
 be paid into court, on or before the first day of the next term 
 immediately succeeding the one at which such rule is granted ; 
 which rule shall be published once a month, for four months, or 
 served on thc mortgagor, or his special agent or attorney, at 
 least three months previous to the time at which the money is 
 XnN. >' directed to be iiaid into court, as aforesaid. 
 
 ijyit"iJ"ns<n- § 38(37. If tlic pcrsou entitled to foreclose the mortgage on real 
 .icceaU'.t estate be dead, the application and proceeding to foreclose may 
 "''''" be made and prosecuted by his executor or administrator. 
 
 H 
 
 is; 
 
PT. 3.— TIT. 13.— CHAP. 1.— Foreclosing Mortgages. 735 
 
 Article 2.— Of Pleas, Defences, &c. 
 
 ARTICLE II. 
 
 OF PLEAS, DEFENCES, &c.— WHEN AND HOW MADE. 
 
 Section. JSkctiox. 
 
 .1868. Dcfenccf! ajrainst foreclosure. I 3870. Proeeedintj's aa;ainst executors, &c. 
 
 38G!). Third persons cannot defend. j 3871. Issue — how tried. 
 
 §3868. When a rule ni si to foreclose a mortgage on real es-D^,fpn(.o 
 tate has been granted, and the same has been published or ef^^ure of** 
 served, as hereinbetbre required, the mortgagor, or liis special "ea^ty."^'* *'" 
 agent or attorney, may appear at the term of the court at which 
 the money is directed to be paid, and file his ol)jections to the 
 foreclosure of such mortgage, and may set up and avail himself 
 of any defence -which he might lawfully set up in an ordinary 
 suit, instituted on the debt or demand secured by such mortgage, 
 and which goes to show that the apj)licant is not entitled to the 
 foreclosure sought, or that the amount claimed is not due ; T*ro- 
 vided, that the facts of such defence are verified by the affidavit 
 of such mortgagor, or special agent or attorney, at the time of 
 filing the same. 
 
 § 3SG9. If the mortgagor, or his special agent or attorney, Third per- 
 fail to set up tlie defence provided for in tlie preceding section, fKienu. 
 it is not competent for any third person to interpose ; neither 
 will the court itself, of its own motion do so. 
 
 §3870. When the mortgagor is dead, the proceeding: to fore- Proceeding 
 
 1 ,1 . 1 ^ , . 1 • • 1 ^^ . 1 . against rep- 
 
 close tlie mortgage on real estate may be instituted against his rosentative 
 
 , ^ .*■ . , of tnortga- 
 
 executor or administrator. gor. 
 
 § 3871. When proceedings to foreclose a mortgage are insti- issue-how 
 tuted, and a defence is set np thereto, as hereinbefore provided, '"^*^ 
 the issue shall be submitted to and tried by a special jury, as in 
 appeal cases. 
 
 ARTICLE III. 
 
 OF THE JUDGMENT AND DISPOSITION OF MORTGAGE PROPERTY. 
 Section 3872. Judg-ment of foreclosure and sale. 
 
 3872. When the mortgagor, after being directed so to do, j,,,,^^^,,^,, 
 fails to pay the principal, intercbt and cost, as hereinbefore )-e- 1,',',',]" s/,ie"of 
 quired, and also fails to set np and sustain his defence against jIJ.'.''^^'^"' 
 the foreclosure of the mortgage, the court shall give judgment 
 
736 PT. 3.— TIT. 13.— CHAP. 1.— Fokeclosing Mortgages. 
 
 Article 3. — Of the Judgment and Disposition of Mortgaged Property. 
 
 for the amount which may be due on such mortgage, and shall 
 order the mortgaged property to be sold in the manner, and un- 
 der the same regulations which govern Sheriffs' sales under exe- 
 cution. 
 
 AKTICLE IV. 
 
 PROCEEDS OF SALE OF MORTGAGED PROPERTY— IIOW APPROPRIATED. 
 
 Section. ISectiok. 
 
 3873. Disposition of proceeds. j 3874. When proceeds maybe retained. 
 
 vroceedsof §3873. Tlic mouej arising froiu the sale of mortgaged prop- 
 ^sp^sed'I.f. erty, brought to sale under the regulations hereinbefore pre- 
 scribed, shall be paid to the person foreclosing the mortgage, un- 
 less claimed by some other lien in the hands of the officer, which 
 inlaw has priority of payment over tlie mortgage; and when 
 there shall be any surplus after paying off such mortgage or other 
 liens, the same shall be paid to the mortgagor or his agent. 
 When pro- §3874. If the mortgage is given to secure a debt due by in- 
 be*naaiiuMi stahiicnts, aiid is foreclosed before any one of the instalments 
 y '^'^""'' -fy^jig ^j^^^,^ .^,jj there is a surplus of funds, as above stated, the 
 court may retain the funds, or order the same invested to meet 
 the instalment still unpaid. 
 
 CHAPTER II. 
 
 OF MORTGAGES ON PERSONAL PROPERTY— HOW FORECLOSED. 
 
 Article 1. Of the application — by whom and how made. 
 Article 2. Of the defences — when and how made. 
 
 ARTICLE I. 
 
 OF THE APPLICATION TO FORECLOSURE— BY WHOM AND HOW MADE. 
 
 Section. Sectiox. 
 
 3875. On personalty — how foreclosed. 3880. Proceedings tliereou. 
 
 3876. Levy and sale of property. < 3881. Sale, and disposition of proceeds. 
 
 3877. When the _/?. /a. may claim money. 3882. Executors. &c.. may foreclo.se. 
 
 3878. Property may be sold by consent.] 3883. Contest of lien by third person.?. 
 
 3879. Affidavit of illegality. i 
 
 § 3875. Mortgages on personal property shall be foreclosed in 
 the following manner, to wit : Any person holding a mortgage on 
 
PT. 3.-TIT. 13.-CIIAP. 2.-FoREcLosmG Moktgages. 
 
 737 
 
 Article 1.— Of the Application to Foreclosure. 
 
 personal property, and wishing to foreclose the same, shall, either ForecWe 
 n, person, or bv his agent or attorney in fact or at law, go before onT/S? 
 some officer of this State who is authorized In- law to administer '''■ 
 oaths, or a commissioner for this State residing in some other 
 State, and make affidavit of the amount of principal and interest 
 due on such mortgage, which affidavit shall be annexed to such 
 mortgage, and when such mortgage, ^vith such affidavit annexed Affi-i^-'*- 
 thereto, shall be produced to the Judge of the Superior Court 
 whose circuit embraces the county wherein the mortgagor re- 
 sides at the date of the foreclosure, if a resident of this^Stlite or 
 where he resided at the date of the mortgage, if not a resident 
 ot tins State, or to any one of the Justices of the Inferior Court 
 of such county, it shall be the duty of such Judge or Justice to 
 pass an order declaring such mortgage foreclosed, and directing the 
 (^lerk of the Superior Court (if the order is passed by the Judo-e) 
 or the Clerk of the Inferior Court of said county (if the ordeHs^^^^of 
 passed by the Justice) to issue an execution for such principal' 
 and interest, and for the sale of the mortgaged property, as on a 
 judgment, whi(;h order shall also be annexed to the mort-ao-e • 
 and when the mortgage, with the affidavit and order afo^es'aid 
 annexed thereto, are delivered to the said Clerk of the Superior 
 or Clerk of the Inferior Court as the order may be passed by the 
 Judge or Justice as aforesaid, it shall be the duty of such Clerk 
 to issue an execution, directed to all and singular the Sheriffs 
 and Coroners of this State, commanding a sale of the morto-ao-ed ^^''""''"' 
 property to satisfy the said principal and interest, together^ with 
 the costs of the proceedings to foreclose the said mortgage. 
 
 ^ 3S7(;. When the execution mentioned in the precedino- sec- 
 tion shall be delivered to the Sheriff or Coroner, as the case" m ay -'-^-^t- 
 he, it shall be his duty to levy on the mortgaged property whereso- -^' "'^' 
 ever the same maybe found, and after advertising ' the same 
 lu one or more of the public gazettes of this State, at least sixty 
 days before the day of sale, the said Sheriff or Coroner shall put 
 up and expose said property to sale at the time and place, and in 
 tlie same manner as govern in case of Sheriffs' sales. 
 
 ^3877. If other/. /«,. are levied on the mortgaged property,,, , 
 and the sa.ne is sold after an advertisement of only thirty day; •^'•-/" 
 the niortgage/./«. may, nevertheless, claim the proceeds of tlie"'^"- 
 sale, it Its lien is superior. 
 
 I M(jrtg:age ^/i. 
 lay 
 I money 
 
 47 
 
738 FT. 3.— TIT. 13.— CHAP. 2.— Foreclosing Moktgages. 
 
 Article 1. — Of the Application to Foreclosure. 
 
 Mortgaged § 3878. If a mortgage on realty or personalty is not fbreclo;-- 
 inaybosoM ed, aiul tliG Gfiuity of redemption is levied on by other H. fas., bv 
 
 l.r consent, ' • i' ' t/ ,/ •> „ 
 
 without consent ot the mortgagor and mortgagee, and the plaintiff in the 
 fi.fd. levied, the entire estate may 1)0 sold, and the mortgagee 
 claim under his lien, in the same manner as if liis mortgage was 
 foreclosed. 
 
 AETICLE II. 
 
 OF THE DEFENCES— Wl IK N AND HOW MADE. 
 
 Section. 'Skctiox. 
 
 3879. AfTidavit of illegality. ! .'.882. Executors, Ac, may forei-lose. 
 
 3880. Proceediuga thereon. i 3883. Contest of lien by tliird persoiii*. 
 
 3881. Sale and disposition of proceeds. I 
 
 .\iiidavitof §3870. "When an execution sliall issue upon the foreclosure of 
 jn*ftga'j^^,*j^, a mortgage on personal property, as hereinbefore directed, tlio 
 ''"■ mortgagor, or his special agent, m:iy file his attidavit of illegality 
 
 to such execution, in which affidavit he may set uj) and avuil 
 himself of any defence which he might have set up according t<> 
 law, in an ordinary suit upon the demand secured by the mort- 
 gage, and which goes to show that the amount claimed is not 
 due. 
 Proceedings § 388U. When an affidavit of illegality shall be tiled to a mort- 
 ^aiityis yi^^ifi execution, as provided for in the preceding section, tlie 
 Judge or Justice who passed the order of the foreclosure, may 
 order the levying officer to postpone the sale ot tlie mortgaged 
 })roperty upon the mortgagor, or his si)ecial agent <.)ra ttorney, 
 giving bond with good and sufficient security, in double the 
 amount of such execution, conditioned for the return of such 
 property when called for by the levying officer, which bond shall 
 be made payable to the plaintiff, who may sue and recover there- 
 on Avlien the condition is liroken ; and when such affidavit of ille- 
 gality is filed, and such order of postponement is i)assed, and 
 such bond has been given, the levying officer shall postpone the 
 sale of said property and return all the proceedings and papers 
 to the next term of the court whose Clerk issued the execution, 
 where the questions and issues shall be tried as other cases of 
 illegality ; and the jury shall be sworn to give at least twenty- 
 five per cent, damages to the plaintiff on the principal sum. in 
 case it shall appear that the affidavit of illegality was filed for a 
 delay only. 
 
ZIi^z:^:i!:zSI^£i!:^^ 739 
 
 Article 2.— Of the Defences. 
 
 ence as hereinbefore antliorized, the morfo-aged property sliall beS^f 
 sold and the proceeds of the sale shall be applied to ihe md^rAHl^^'^- 
 ment ot said mortgage execution, unless such proceeds are "■""""• 
 claimed by some other lien in the hands of the officer, entitled in 
 law to priority of payment; and if, after the satisfaction of such 
 >. fa or other lien, there may be any surplus, the same shall be 
 paid to the mortgagor or his agent. 
 
 • \ ^^f\ ^^'^'r' ^^''^ ^'''^'^'' ^^"^^ mortgage on personal i.roperty r . 
 IS dead, the affidayit and proceedings to foreclose may l^lm!d^'"1- 
 and prosecuted by his executor or administrator ; and if the mort- Ft^" 
 gagor be dc.xd his legal representatiye may set 'up the fam d - '""- 
 lences \yhich he could do if Hying. ' 
 
 _ §3883. If any creditor of the mortgagor, ^yhether his debt be„ , 
 n judgment or not, desires to contest the validity or fairness J'-' 
 the mortgage lien or debt, he may make an affidavit "tl^ E^ 
 grounds upon which he relies to defeat such mortgage, and upon 
 hlmg the same with the levying officer, together with I bond and 
 gocxl security, payable to the mortgagee, and conditioned to "y 
 allco.ts and damages incurred by the delay, if the issue be 
 ound against the contestant, it shall be the duty of such offic r 
 to return the same to the court to which the moi-tgage /. f^rl 
 ^laWe^ o be tried in the manner prescribed aboCe iH J. 
 nclavit ot illegality by the mortiracror 
 
 third 
 rsons may 
 
 
740 PT. 3. — TIT. 14:.— CHAP. I. — Establishing Lost Papers. 
 
 Article I. — Kstablishment of Lost Papers in Superior and Inferior Courts. 
 
 TITLE XIV. 
 
 OF PROCEEDINGS TO ESTABLISH LOST PAPERS. 
 
 CHAPTER L 
 
 LOST PAPERS— WIIEX, WHERE, AND HOW ESTABLISHED. 
 
 Article 1,. Establisliineiit of lost papers — in what courts. 
 Article 2. Establisliinent of lost papers in Justices' Court. 
 
 ARTICLE L 
 
 ESTABLISHMENT OF LOST PAPERS IN SUPERIOR AND INFERIOR COURTS. 
 
 Section. i Section. 
 
 3884. OfTico papers cstablis'd on motion. 3880. Certified endor.''craent of copy. 
 
 3885. Papers sued on, office p'p's — when H890. Suits on lost papers. 
 
 3886. Other papers — how establi.shed. I 3891. Oyer cannot be demanded. 
 
 3887. Continuance — when granted. i 3892. Lost executions — how established 
 
 3888. Rule absolute. 
 
 Office papers §3884. Upou tlic lofis of any original bill in equity, answer, repli- 
 "bWd*" cation, declaration, plea, l>ill of indictment, special presentment, 
 mstnnter. ^^^, otlicr otHcc paper, a copy may be established instanter on motion. 
 Papers sued §3885. Tlic instrument sued on shall be deemed an office pa- 
 paper'^'"" per, after the case of which it is the foundation has gone to the 
 
 when. , 
 
 appeal. 
 How other § 3880. The owner of a paper, (other than an office paper, and 
 cstawis'hea. whicli can not be sued on and collected in a Justices' Court,) 
 lost or destroyed, desiring to establish the same, shall present to 
 the Clerk of the Superior or Inferior Court of the county where 
 the maker of the paper resides, if a resident of this State, a pe- 
 tition in writing, together with a copy, in substance, of the pa- 
 per lost or destroyed, as near as he can recollect, which copy 
 shall be sworn to by the petitioner, his agent or attorney ; 
 whereupon the clerk shall issue a rule Jii si in the name of the 
 Judge of the Superior Court, if the application be made to the 
 Clerk of such Superior Court, and in the name of one of the 
 Justices of the Inferior Court, if the application be made to tlio 
 Clerk of such Inferior Court, calling upon the opposite party to 
 show cause, if any he has, why the copy sworn to should not be 
 established in lieu of the lost or destroyed original ; which rule 
 shall be served by the Sheriff, his deputy, or any Constable of 
 
 Petition. 
 
 Rule rii *«. 
 
PT. 3.— TIT. 14.— CHAP. 1.— Establishing Lost Papers. 741 
 
 Article 1. — Establishment of Lost Papers in Superior and Inferior Courts. 
 
 this State, personallv, ui)«»ii the partv, it' to l»e found in this u»io «»«»— 
 State, twenty days before tiie sittinji; of the Conrt to which tlie 
 nde III til is made rerurrialde ; and if the party cannot hi; ionn»i 
 in this State, then the ride shall he puhlishi'd in some ])nhlic «2;a- 
 zette of this State for the space of three months l)efore the Hnal 
 liearing of the rule. 
 
 §8887. In a j)roceeding to estaldish h)st papers under the pi*«>-^'^{,'p"n"'"** 
 visions of the preceding section, no continuance shall be granted, -'■•""'■'^• 
 unless it appear reasonable and just to the court; nor shall a 
 continuance be allowed to the same party more than once, ex- 
 cept for Providential cause. 
 
 ^ 3888. When the rule nl si has been didy served, as liereinbe- ]>„u.ni.!«.- 
 fore provided, the court shall grant a rule absolute establishing 
 the copy of the lost or destroyed paper sworn to, uidess good and 
 sufficient cause be shown why such rule al)solute should not be 
 granted. 
 
 §3889. When the c-opv is established, the Clerk of the conrt Certified en- 
 m which it is done sh dl funush the copy to the party who had "f lopy. 
 it established, with a certitieil endorsement then^on of the day 
 and term of the court when the rule aI)-iolnte was granted ; Pro- 
 vided^ all costs of the proceeding are paid. 
 
 §3890. If the [japer lost or destroyed be a note, bill, bond, suit on i..8t 
 
 1 • I ■ 1 • 1111 paiier. 
 
 or Other instrument upon which suit may be brought, tiie owner 
 thereof may institute suit thereon so soon as the rule n<'' si has 
 been issued as hereinbefore provided for, and it shall be set forth 
 in the declaration that the paper sued on is lost or destroyed ; 
 and in no case shall tliere be a judgment had in such suit until it 
 shall be determined whether the application to establish the pa- 
 per be granted or not ; and if granted, then judgment shall be 
 had as in other cases. 
 
 § 3891. In a suit, such as provided for in the preceding section, oycrofiost 
 oyer of the paper sued on shall not be demanded until at the i.-a i.e de- 
 time 01 the rendition oi judgment in such suit, and then it the 
 plaintitf produce a copy of the paper, with a certified endorse- 
 ment thereon by the Clerk of the Court in which it was estab- 
 lished, as hereinbefore directed, it shall be taken and considered 
 as the original. 
 
 §3892. When any execution which sludl have ])een roguhirly \Y||,.n,.xoou 
 issued from the Superior or Infcrioi* (Jourts of this St;ite shall be ..I'iasTuny u 
 lost or destroyed, the Judge or either (.»f the Justices of the court ^",",ie' ''"'^ 
 from which the same issued, may at any time, either in open 
 
742 PT. 3.— TIT. 14.— CHAP. 1.— Establishing Lost Papers. 
 
 Article 1. — Establishment of Lost Papers in Superior and Inferior Courts. 
 
 ! 
 
 court or vacation, upon proper application beinp; made and tlie 
 facts proven by tlie atiidavit ol'tlie aj>])licant, liis agent or attor- 
 ney, or l)y any other satisfactory proof, grant an order for tlie is- 
 suinii; of an alias execution in lien of tlie lust original exccuti<»n. 
 
 ARTICLE 11. 
 
 KSTARMSTIMKNT OF LOST PAPF.RS IX TIIK .irSTICKS' COURT. 
 
 Skctiox. Section. 
 
 389:{. Of ]i!i|)cr.sl>olonpinp; to a suit 3S9r>. Kstalilishmeut of lust executioDS. 
 
 .'!894. Ivslablislinient of other papers. 
 
 Papersi.e §3893. Wlicu auv boud, bill, note, or other evidence of debt, 
 
 longing to • i i • 
 
 Biiitswhcn or aiiv siimiiions, execution, or aiiv other i)a]K'r oeloni^inu^ or ap- 
 
 lost iiiav bo ■ . . * ... 1 " • ' < / 1 
 
 fstabiisiicii ])ertaiiinii^ to aiiv suit or other proceeding in anv Justices Court 
 
 at once. .',' .,.', 
 
 of this State shall be lost, destroyed, or mislaid from the hands 
 of the .lustice of the Peace, such Justice may, by reason and vir- 
 tue of his office, establish instanter, a coj)y in substance of such 
 paper in lieu of the original so lost ; and if any such paper be lost, 
 destroyed, or mislaid from the hands of any person other than 
 the Justice of the Peace, the party, ])laintirt" t»r defendant, or any 
 one interested wishing to use such lost paper, shall be ]>ermitted 
 to establish and use in lieu of the original, a substantial co]>y of 
 the same, by making affidavit of the loss of the original, and that 
 the copy proposed to be used is a co}>v in substance of the lost 
 original. 
 other lost §381)4. The owner of a lost paper, which may according to law 
 be^ItliXv be sued on and collected in a Justices' Court, who wishes to estab- 
 • "" lish the same, may present to one of the Justices of the Peace of 
 the district in which the maker resides, if a resident of this State, 
 a copy in substance of the ])aper lost as nearly as he can recollect, 
 which copy shall be sworn to by the applicant, his agent or attor- 
 ney, or be proved by other evidence ; whereupon such Justice of 
 the Peace shall issue a rule m' «/, calling upon the opposite party 
 to show cause, if any he has, why the copy should not be estab- 
 lished in lieu of the original so lost or destroyed ; which rule shall 
 be served upon the party personally, if to be found, ten days be- 
 fore the sitting of the court to which he is called upon to show 
 unie-how cause, bv anv Constai)le of the State, and if the partv is not to 
 
 to be served. . . ■> ^ x .. 
 
 be found then the rule may be published in a public gazette oi 
 this State for one month, before the tinal hearing of the rule ; and 
 
PT. 3.— TIT. 14.— CHAP. 1.— Establishing Lost Papers. 743 
 
 Article 5. — Eptahlishment of Lost Papers in the Justices' Court. 
 
 if no sufficient cause be sliown. the Justice shall give judgment 
 establishing the copy in lieu of the original so lost or destroyed : 
 and the copy so established shall be certified to by the Justice 
 of the Court in which it was established and shall have all the 
 force and effect of the original. 
 
 !^3895. Executions issued from the Justices' Courts of this Alias rsecu 
 
 '^ . tionslrom 
 
 State, when lost or destroyed, may be sui>iilied by an alias execu- •lusti.cR 
 
 ' ,/ 7 t 1 V ./ Court iriflv 
 
 tion, to be issued by the Justice of the Peace, under the same's*"'-- 
 rules and regulations as those which prevail In the Superior Court 
 'jri the subject of issuing alias executions. 
 
 TITLE XV. 
 
 OF I'ROCEKDING TO OBTAIN PARTITION. 
 
 Chaptf;ii 1. Partition of land — how obtained. 
 
 CiiAi'TKK 2. Partition of personal property — how obtained. 
 
 CHAPTER I. 
 
 PARTITION 01- LAND— now OBTAINED. 
 
 Article 1. Where, how and by whom application must be made. 
 
 Article 2. Notice to parties — how given and upon whom served. 
 
 Article 3. Of issuing, execution and return of writ of ])artition. 
 
 Article 4. l^efcnces — how and when made. 
 
 Article 5. Of the judgment. 
 
 Article G. Remedy of parties absent from the State. 
 
 ARTICLE I. 
 
 AVHERI'l HOW AND DV WHOM THE APPLICATION FOR PARTITION 
 MUST BE MADE. 
 
 Section. ', Section. 
 
 :i89G. Procoediiiffs to obtain partition. ' 3897. By wiioni application may bo made 
 
 § 3896. In all cases where two or more persons are common proci:o(iin;.'s 
 owners of lands and tenements in this State, whether ny descent, 
 purchase or otherwise, and no provision is made by will or other- 
 wise as to how such lands and tenements are to be divided, any 
 one of such common owners maj apply to the Superior Court of 
 
744 PT. 3.— TIT. 15.— CHAP. 1. -Partition. 
 
 Article 1. — Wliere, how and b)' whom Application must be made. 
 
 the county in wln'ch such lands and tenements are situated, tor 
 a writ of i)artiti(»n, whidi application shall he l»y petition setting 
 forth plainly and distinctly the facts and circumstances of the 
 case, describing the premises to l)e partitioned and deiining the 
 share and interest of each of the ])arties therein. 
 Application §3897. If tlic party desiriug the writ of partition be of full 
 made. age, and free from disability, he may make the application either 
 in person or by his agent or attorney in fact or at law, and if the 
 application is for the benefit of a minor, a hmiitic,fe/ne covert or 
 cestui que trust, it may be made by the guardian of such minor 
 or lunatic, by the hasband of such feme covert, or the trustee of 
 of such cestui que trust, as the case may be. 
 
 ARTICLE II. 
 
 NOTICK TO TlIK PARTIES— HOW GIVEN AND ON WHOM SiCllVKD. 
 
 SectiO!! 3898. Twenty days' notice of tlio npplication. 
 
 Twenty §3898. Tlic party applying for the writ of [lartition, hliall give 
 
 .ays no ice. ^^ ^j^^ othcr parties concerned at least twenty days' notice of his 
 intention to make application, and if any of such other parties 
 concerned be a minor, a \\\nnUv, a cest ui que trust or feme ccjvert 
 said twenty days' notice may be served on the guardian of such 
 minor or lunatic, or on the trustee of such cestui que trust, or on 
 the husband t>f such /!'?«(' cocvrt. and if any of the parties reside 
 without the limits of this State, the court may order service by 
 seryiceby publication, as in its iudjirment is riirht in each case. 
 
 publication. ^ ' J r> o 
 
 ARTICLE III. 
 
 OF ISSUING. EXECUTION AND RETURN OK THE WRIT OF PARTITION. 
 
 Section. : Section. 
 
 3899. Five partitioutrs — how appoinetd.] 3900. Power and duty of partitioner.". 
 
 Five parti- §3899. When the application for partition is made, and when 
 due proof is made that the notice hereinbefore required has l)een 
 given, the court shall examine the petitioner's title, and part 
 or share of the premises to be partitioned, and shall thereupon 
 pass an order directing the Clerk of such court to issue a writ 
 of partition, framed according to the nature of the case, directed 
 howlnor^^^ live freeholders of the county in which the lands are situated, 
 the county, ^^^^^q shs\\ cxecutc and return the writ as hereinafter provided. 
 
PT. 3.— TIT. 15.— CHAP. 1.— Partition. 745 
 
 Artiel<; 3. — Of Ifsiiinpc, Execution and Return of the Writ of Partilioii. 
 <i39nO, The nartitioners, or persons to whom the writ is di- Burvoyor t<» 
 
 '^ ' ' ' _ ^ be selectt'd. 
 
 rectefl, sliall luive jiowcr t<> select fi surveyor to aiil tliem in the 
 
 •lischarc^e of tlieir duties, and after iJjivin:; all the parties, if pos- 
 
 siMe, at least eii^ht days' notice «>f the time of exeeutini:; the writ, llou'^cl.''''^'' 
 
 and after helni; sworn hefore some officer authorized by law to 
 
 administer such oatii, duly and impartially to execute such writ, 
 
 the said i)artitioners, or a majority of them, shall proceed to make 
 
 a just and equal partition and division of all such lands and ten- 
 
 .... , , iii'i.i Lands— how 
 
 ementp, either m entire tracts or parcels as they shall judge to be divided, 
 in proportion to the shares claimed, and most beneticial to the 
 several common owners of said lands and tenements, according to 
 the best of their skill, ability and knowledge, and they shall re- 
 turn said writ, with their actings and doings thereon, under their 
 hands and seals, to the said Superior (>onrt within three months 
 after the issuing of said writ, which return shall be iiled and kept 
 by the said Clerk until the next term of said court after the fil- 
 injjr of the same. 
 
 APvTICLE IV. 
 
 DEFENCES— HO vY AND WIIEX MADE. 
 Skctiox ;!»01. Defences — how and when mack-. 
 
 § 3901. At the term of the court when the application is made Defences— 
 
 , ,,.,.. , Til- wlien, bv 
 
 — or at the term next after said })artitioners have made tlieir re- whom and 
 
 ,. , 1 ,. 1 1 • 1 h"^*' road*. 
 
 turn, any ot the deiendants or persons concerned, against whom 
 or whose right or title a judgment is sought may file objections 
 to the right of the applicant and the writ of partition, or to the 
 return of the partitioners, and may, by way of defence, show any 
 good and probable matter in bar of the partition asked for, or 
 may show that the demandant has not title to so much as is al- 
 lowed and awarded to him by the said partitioners, or to any 
 part of the land, whereupon an issue shall be made up and tried 
 by a special jury, as in ap])eal cases. 
 
746 PT. 3.— TIT. 15.— CHAP. 1.— Partitiox. 
 
 .irticle 5. — Of tlie Judgment. 
 
 ARTICLE V. 
 
 OF TUB JUDCMKXT. 
 
 Section". iSkctiox. 
 
 ;;302. Tlie reluru of llie p;ir;ilioncrR. ' .'.OO.'i. Titles to propertj- soW. 
 .'i'JO.!. If Luuls eaniiot be divided. :!00iJ. Capos not provided for. 
 
 :;90 1 . Proceeds of sale — liow dispcsed of i 
 
 When IV- §3902. If iio objection l>e lilcd l>v any of the iiarties to the 
 
 Inrn shall U' /• i •' • • <■ i • ' /•! i i • -i . , 
 
 made the retum oi the partitioiieis, or it Iteiiiij iile<l, tlio iiirv, on the trial, 
 snail iiiia a verdict against the party setting np such objections, 
 the said return of the partitioners sliall be made the judgment 
 of tlie court, and shall be final and conclusive as to all the par- 
 ties concerned who were notilied o\' the api»Hcuti(»n for partiti- 
 tion, and of the time of executing the writ, as hereinbefore re- 
 quired, and a M-rit of possession shall issue accordingly ; but if ob- 
 jections t(» said returns be tiled and sustained by the jury trying 
 the case, or if it shall appear to the court that there is injustice 
 
 titionniaT <'i" inequality in the division made by the partitioners, ^aid court 
 f^hall award a new partition, to be made in the presence of the 
 parties concerned, (if they will api)ear) wdiich second partition, 
 when returned, shall be linn, good, and conclusive forever against 
 all parties notified as aforesaid. 
 
 niundsoan- § 30o3. AVhciiever application is made for i)artition of lands 
 
 notbcdi- \ 1 . , . 
 
 vidodthcy auQ tenements as herci" before ))rovided for, and either of the 
 
 must be sold ... 
 
 parties in interest shall make it satisfactorily appear to tlie court 
 that ii fair and equit.able divisifui of the lands and tenements 
 cannot be made by means of metes and bounds, by reason of im- 
 provements made thereon, or by reason of the premises being 
 valuable for mining purposes, or for the erection of mills or other 
 machinery, or that the value of the entire lands and tenements 
 will be depreciated by the partition applied for, then and in that 
 case the court shall order a sale of such lands and tenements. 
 Three suiHT-'^"^ ^^^^^^ appoint tlirec discreet per.-ions to conduct such sale 
 {^ntendentsixiun(3ei. g^.^^ regulations, and upon such just and equitable terms 
 as said court may prescribe ; which sale shall take place on the 
 first Tuesday in the month, at the court-house of the county in 
 which the land is situated, after an advertisement of such sale in 
 
 Thirty dav s ■, ■,. „ , . ^ . ,.. 
 
 notice. • some public gazette of this State for at least thirty days. 
 Proceeds of § 390-i. After the sale of any lands and tenements, as provided 
 disprsecTof. for ill the preceding section, the commissioners conducting the 
 sale shall return their proceedings to the next term of the court 
 
FT. 3.— TIT. 15.— CHAP. 1.— Partition. 747 
 
 Article 5. — Of the Jiidj^nient. 
 
 ordering sucli sale, at wliicli term tlie said court shall order the 
 proceeds of the sale to he divided Minung the several claimants 
 ratahl y in proportion to their respective interests after deduct- 
 ing the expenses of tlic proceedings. 
 
 §3905. Upon the sale of lands and tenements as aforesaid, the xi tie to 
 parties in interest shall execute a title to the purchaser, and if any Foul!^'^'^' 
 (»f them fail or refuse to do so, the said commissioners, so appoint- 
 ed as aforesaid, or any two of them, shall execute a deed of con- 
 veyance to said lands and tenements to the purchaser at sucli 
 sale, which deed shall be valid and binding in law and equity as 
 if made by the parties themselves. 
 
 ji 3900. In any extraordinary case, not covered by the foregoing cases n<.t 
 pi'ovisions, the court may frame its proceeding and order so as to^"^"^ 
 meet the exigency of the case without forcing the parties into a 
 conrt of equity, and the court may deny a sale or partition alto 
 gethei", if it is manifest tliat the interest of each party will not 
 be fnlly protected. 
 
 mo- 
 tion to va- 
 
 ARTICLE VI. 
 
 llKMl-;i)Y OF PARTY ABSKXT, UNDER DISABILITY, OR NOT NOTIFIED. 
 Section' .'^OOT. Parties laboriiip- under disabilities. 
 
 1^3907. AVhcn lU'oceedings have been instituted, and judgment when 
 111" partition had thereon, according to the regulations prescribed , .'a"" nwybe 
 in this Code, and any one of the parties in interest is a minor, or™*^ ^ 
 a lunatic who has no guardian, oris absent from the State during 
 such proceeding, or has not been notified thereof, such minor or 
 lunatic ma}', within twelve months after coming of age, or res- 
 toration of mind, or having a guardian appointed ; and such ab- 
 sent or unnotified party may, at any time within twelve months 
 after rendition of the judgment, move the court to set aside such 
 judgnient on any of the grounds upon which a party notified 
 and free from disabilities might have resisted the judgment up- 
 on the hearing, as hereinbefore authorized, and the issue shall be 
 tried, and the subsequent }>roi'eedings shall be the same as pointed 
 out in cases of objections filed to the retm-n of the partitioners 
 'before judgment ; and if such motion to set aside the judgment 
 be not made within the time aforesaid, such judgment shall be as 
 binding and conclusive upon such minor, lunatic, absent or un- 
 notified party, as if he had been notified, present or free from 
 
748 
 
 PT. 3.— TIT. 15.— CHAP. 1. -Partition. 
 
 Article 6. — Retnedy of Party Absent, &c. 
 W Therisht (iis;il)ilitv. Biit ill in) event shall such subsequent proceediiio's af- 
 
 •f thinl i.lt- .'.,,, , ■ ^ ' " 
 
 sons pro- ft'ct tlie title ot a Oo/ta fide: purehasei" under a sale urdere<l hv tlie 
 
 tecteU. t^ I -J 
 
 court. 
 
 CHAPTER ir. 
 
 PARTITION OF PERSONAL PROPERTY— II 0\V OBTAINED. 
 Section' 39()S. Personal i)roi)ert3' may be partitioned. 
 
 Personal §3908. Application maj be made, and partition of personal 
 
 may be par propcrtv mav be obtained, in the sarne manner and under the 
 
 titioned. , . ., n . i • /-, i ,. , • . 
 
 same regulations as are prescribed m tins Coae tor obtanimg par- 
 tition of lands and tenements. 
 
 TITLE XVI. 
 
 PROCEEDINGS ON APPLICATION FOR HABEAS CORPUS. 
 
 ClIAPTEIl I. 
 
 PROCEEDINGS ON APPLICATION FOR HABEAS CORPUS. 
 
 Seotio.v. 
 ;-{9{)9. Habeas corpus, &c., may issue. 
 
 3910. Application — how made, &c. 
 
 3911. IIow verified, and to whom made. 
 
 3912. When the writ must be granted. 
 
 3913. Form of the writ. 
 
 3914. Return day of tlie writ. 
 
 3915. Service of the writ 
 
 391G. Arrest of the party detained. 
 
 3917. What time return must be made. 
 
 3918. Return sworn to — produc'n of body. 
 
 3919. Process must be produced 
 
 3920. Return must state tlie transfer, &c. 
 
 Section'. 
 
 3921. A majority must liear tlie return. 
 
 3922. Return may be traversed. 
 
 3923. Attachment for disobedience. 
 
 3924. When party cannot be discharged. 
 
 3925. Wife and child may be disposed of. 
 
 3926. Defect in warrant, &c. 
 
 3927. Powers of the court in other cases. 
 
 3928. Imprisoned witnesses, &c. 
 
 3929. Discretion of court as to costs. 
 
 3930. Proceedings to be recorded. 
 
 3931. Notice of the hearing. 
 
 When writ § 3909. Any person restrained of his liberty, under any pretext 
 oor/m/may whatever, in this State, or any person alleging that another in 
 whom for any cause he is interested is restrained of his liberty, or 
 kept illegally from the custody of the applicant, may sue out a 
 writ of hdheas corpiia^ to inquire into the legality of such restraint. 
 And this right shall be suspended or denied only in times of e.K- 
 istiiig war, and then only as to such persons as shall be in mili- 
 tary continement. 
 
PT. 8.— TIT. ir,.- Habeas Corpus. 749 
 
 Chapter 1. — Proceedings on Application for Habeas Corpus. 
 
 ^3910. Tlie application for the writ shall be by petition in Application 
 
 . . -Ill 1 . 1 • —now made 
 
 writinc:, sio-ned by the ai)])licant, Ins attorney or aa;ent, or some and what to 
 
 • 1^111. Till contain. 
 
 other person in his behalf, and sliall state — 
 
 1. The name or description of the person whose liberty is 
 restrained. 
 
 2. The person restraining; the mode of restraint and the place 
 of detention as nearly as practicable. 
 
 3. The cause or pretence of such restraint, and if under pretext 
 of legal process, a copy of such process, if within the power of the 
 applicant, must be annexed to the petition. 
 
 4. A distinct averment of the alleged illegality in the restraint, 
 or other reason why the writ of haheas corpus is sought. 
 
 5. A prayer for the writ of haheas corpus. 
 
 § 3911. Such petition must be verified by the oath of the appli- Application 
 cant, or some other ])crson in his behalf, and must be presented m>d a'lid t"' 
 to the Judge of the Superior Court, if within the county of the al- sln't^.'"^''" 
 leged illegal detention, or in his absence, to any Justice of In- 
 ferior Court of such county. But if the a|)pHcant sees proper, he 
 may make the application to the Judge of the Superior Court of 
 the circuit, wlio may order the party restrained of his liberty, to 
 be brought before him, from any county in his circuit. 
 
 § 3912. If upon examination of such petition it shall not appear ^y,,,.„ ^j,^ 
 to such Judge or Justice that such restraint of liberty is legal, "runteT'^* 
 he shall grant the writ of haheas corpus., requiring the person 
 thus restraining the liberty of another, or illegally detainino- an- 
 other in his custody, to bring such person before him, at a time 
 and place, to be specified in the writ, for the purpose of an ex- 
 amination into the cause of such detention. 
 
 § 3913. The writ of haheas corpus may be substantially as fol- Form or tho 
 lows ; that is to say — '^"'• 
 
 State of Geokgia, ) 
 
 County. \ 
 To A. P,. 
 
 "You are hereby commanded to produce the body, C. D,, al- 
 leged to be illegally detained by you, together with tlie cause of 
 such detention, before me, on the day of at then and 
 
 there to be disposed of as the law directs." 
 
 "Given under my hand and ofhcial signature, this the day 
 of (Signed) }r y. 
 
750 PT. 3.— TIT. 16.— Habeas Corpus. 
 
 I Chapter 1. — Proceedings on Application lor Habeas Corpus. 
 
 Retiun day § 3914. The retum day of such writ shall always ]>e within 
 
 twenty days after the presentation of the petition therefor. 
 How and b § 3915. Sucli Writ sliall be served, by delivering a copy of the 
 writ'Va'^^be s^^^^j by any ofScer authorized to make a return of any process, 
 served. ^^ by any other citizen, and the entry of such officer or the affida- 
 vit of such citizen, shall be sufficient evidence of such service. 
 The person serving the writ shall exhibit the original if required 
 so to do. If personal service cannot be effected, the writ may be 
 served by leaving a copy at the house, jail, or other place in 
 which the party in whose behalf the writ issues is detained. 
 When and § 391G. If witli tlic petition there shall be filed the affidavit of 
 ty detalmd the applicant, that he has reason to apprehend that the party de- 
 "sLd.'"''^' taining or holding the otiier in custody will remove him beyond 
 the limits of the county, or conceal him from the officers of the 
 law, su(di Judge or Justice granting the writ, shall at the same 
 time issue his precept directed to the Sheriff, Deputy Sheriff, 
 Coroner or any lawful Constable of the county, requiring them 
 to search for and arrest the body of the person detained, and bring 
 him before such Judge or Justice to be disposed of as he may 
 direct. 
 Within what §3917. The return of the party served with the writ, shall be 
 tuTnt'^tho'^ iii'^idc at the time and place speciiied ; Provided, two days from 
 be"m.Sr' the time of service shall be allowed, for every twenty miles 
 which such party has to travel from the place of detention, to 
 the place appointed for the hearing, and if the service has not 
 been made a sufficient time before the hearing, to cover the time 
 allowed in this section to reach the place of hearing, such return 
 shall be made within the time so allowed, immediately after the 
 service. 
 Return to bo §3918. Evcry return to a writ oi haheas corpus shall be under 
 &c. " *"" ' oath, and if the custody or detention of the party in whose behalf 
 the writ issues be admitted, his body shall be produced, unless 
 prevented by Providential cause, or prohibited by the law of the 
 land. 
 When pro- §3919. In cvcry case where the detention is justified under le- 
 prodmied. ^ gal process, sucli legal proccss sliall be produced and submitted 
 
 to the Judge or Justices at the hearing of the return. 
 Transfer of §3920. If the rctum denies the custody or detention of the 
 mustlfe sta- party, it shall further state, distinctly, the latest date at which the 
 ted in re- ^.^^g^-Qj^y ^^as had, aud when and to whom transferred, and if it 
 shall appear that such transfer of custody was made to avoid the 
 
 turn 
 
 « 
 
PT. 3.— TIT. 16.— Habeas Corpus. 751 
 
 Chapter 1. — Proceedings an Application for Habeas Corpus. 
 
 \vrit of habeas corpus^ the party making the return may be impris- 
 oned in the discretion of tlie Judge or Justices hearing the same, 
 until the body of the party kept or detained shall be produced. 
 
 § 3921. If the writ be issued by a Justice of the Inferior Court, if j. i. c. i?- 
 the return shall be heard by at least a majority of the Justices of who must 
 
 , ... he.irit. 
 
 such court. 
 
 § 3922. If the return denies any of the material facts stated Return tra- 
 
 1 •• n 1 ' I'l' •! 1 versed. 
 
 m the petition, or alleges others upon wJiicli issue is taken, the 
 Judge or Justices hearing the return, may, in a summary man- 
 ner, hear testimony as to such issue, and to that end may compel 
 the attendance of witnesses, the production of papers, or may ad- 
 journ the examination of the question, or exercise any other pow- 
 er of a court which the principles of justice may require. 
 
 § 3923. Any person disregarding the writ of habeas corpus in Disobedi- 
 any manner whatever, shall be liable to attachment for contempt, wHt-how 
 issued by the Judge or Justice granting the writ, under which '"""^"^'" 
 attachment such person may be imprisoned until he shall comply 
 with the legal requirements of the M-rit. 
 
 §3921:. No person shall be dischurged upon tlie hearing of a when n par- 
 writ of haheas corjnis in the following cases, to wit : discharged, 
 
 1. Where he is imprisoned under lawful process, issued from 
 a court of competent jurisdiction, unless in cases where bail is 
 allowed and proper bail is tendered. 
 
 2. When the return is heard by the Justices of the Inferior 
 Court, and the party is imprisoned under linal process, or order 
 issued from the Superior Court. 
 
 3. In no case on account of non-payment of jail fees, unless 
 the application is made by the person to whom the fees are due, 
 and at least ten days' notice has been given to the person from 
 whom the fees are due, his agent or attorney, ])rior to the appli- 
 cation for the writ. 
 
 1. By reason u'i uny irregvdarity in the warrant or commit- 
 ment, where the same substantially conforms to the requirements 
 of this Code — nor for want of bond to prosecute. 
 
 5. Where the party is imprisoned under a bench warrant reg- 
 ular upon its face. 
 
 6. By reason of any misnomer in the warrant or commitment, 
 where the court is satisfied that the party detained is the party 
 charged with the otience. 
 
 7. Where the party is in custody for a contempt of court, and 
 
752 I'T. 3.— TIT. 10.— Habeas Corpus. 
 
 Chapter 1. — Proceedings on Application for Habeas Corpus. 
 
 the court has not exceeded its jurisdiction in the length o+" the 
 imprisonment imposed. 
 
 8. In no other case where it appears that the detention is au- 
 thorized by law. 
 How wife or §3925. In Sill WTits of kahecis corpus sued out on account ol' 
 dispo^dV" tlie detention of a wife or child, the court, on hearing all the facts, 
 may exercise its discretion as to whom the custody of such wife 
 or child shall be given, and shall have power to give such custody 
 of a child to a third person. 
 Nodis- §3920. If the party is detained upon a criminal charge, and 
 
 t^ila-m'' it appears to the court that there is probable cause for his deten- 
 procce '"§''• ^Jqj^^ j^^ %\\vi\\ uot bc discharged for any defect in the affidavit, 
 warrant, or commitment, until a reasonable time has been given 
 to the prosecutor to remedy the defect by u new proceeding, if 
 the charge is for an offence committed in another State, and he 
 is arrested on suspicion, he shall not be discharged if the suspi- 
 cion is reasonable, until a sufficient time be given for a demand 
 to be made on the Governor for his rendition. 
 Po<vcrsof § 3927. In all other cases, the Judge or Justice hearing the re- 
 er cases." tum sliall disclutrge, remand or admit the party to bail, or de- 
 liver him to the custody of the officer or person entitled thereto, 
 as the principles of law and justice may require. 
 uowimpris- § 392S. Any Judge of the Superior Court may issue his order 
 to any officer having any person in his custody, lawfully imijris- 
 oned, to produce such person l)efore his court for the purpose of 
 giving evidence in any criminal cause pending therein, without 
 any formal application or M-rit of habeas corpus for that purpose. 
 Costs. §3929. The Judge or Justices hearing the return to a writ of 
 
 habeas corpus, may, in their discretion, award the costs of the 
 proceeding against either party, and may order execution to issue 
 therefor by the Clerks of the Superior or Inferior Courts resi)ec- 
 tively. 
 Proceedings § 3930. The proceedings in all cases of habeas corpus shall be 
 Sd.*'^' returned to the Clerk of the Superior or Inferior Court of the 
 county whose Judge or Justices may have heard the same, and 
 shall be by such Clerk recorded, as in other cases, for which he 
 shall receive the like fees as in other cases recorded by him. 
 Notice ofthe § 3931. If tlic pcrsou is detained upon a criminal charge, and 
 hearing. ^^^^ SoHcitor General is in the county, he shall be notified of the 
 hearing ; if he is not, the notice shall be given to the prosecutor. 
 
 or I'd wit 
 nesses niiy 
 be brought 
 up. 
 
FT. 3.— TIT. 17.— CHAP. 1.— Possessory Warrajtis. 753 
 
 Article 1. — By whom and on what pounds the Warrant may issue. 
 
 TITLE XYII. 
 
 POSSESSORY WARRANTS AND PROCEEDINGS THEREON. 
 
 CHAPTER I. 
 
 POSSESSORY WARRANTS AND THE PROCEEDINGS THEREON. 
 
 Article 1. By whom and on what grounds warrant may issue. 
 Article 2. How tlie warrant must be executed and returned. 
 Article 3. The trial, judgment, and subsequent proceedings. 
 
 ARTICLE I. 
 
 13Y WHOM AND ON WHAT GROUNDS THE WARRANT MAY ISSUE. 
 Section 3932. Who may ifsiie — grounda of. 
 
 § 3932. Upon complaint being made on oath by the party in- Possessory 
 
 • J 1 . • /» 1 ' T 1 , ■warrant — by 
 
 jured, his agent, or attorney in tact or at law, to any J udge oi whom, and 
 the Superior, Justice of the Inferior Court, or Justice of the grounds is- 
 Peace of the county in which the property in controversy may 
 be, that any negro or other personal chattel has been taken, en- 
 ticed, or carried away, either by fraud, violence, seduction, or 
 other means from the possession of the party complaining, or 
 that such negro or other personal chattel having recently been 
 in the quiet, peaceal)le, and legally acquired possession of 
 such complaining party, has absconded or disappeared, without 
 his consent, and, as he believes, has been received, harbored or 
 taken possession of by the party complained against, under some 
 pretended claim, and without lawful warrant or authority, and 
 that the party complaining does in good faith claim a title to, or 
 interest in the negro or other personal chattel, or the possession 
 thereof, it shall be the duty of such Judge or Justice to issue a 
 warrant, as well for the apprehension of the party against whom 
 the complaint is made, as for the seizure of the property in con- 
 troversy, which warrant shall be directed to the Sheriff, his dep- Si^ ^''*'" 
 uty or any lawful Constable of the county aforesaid. 
 
 48 
 
754 
 
 p'p 3^ TIT. 17. — CHAP. 1. — Possessory Wakkants. 
 
 Article 2. How the "Warrant must be Executed and Returned. 
 
 Warant- 
 
 AKTICLE II. 
 
 HOW THE WARRANT MUST BE ICXECUTED AND RETURNED. 
 Sectiok 3933. Warrant— how executed. 
 
 S 8933 The officer in whose liancls the possessory \varraiit is 
 how esecu- ^^j.^^g^j g|^all forthwith proceed to apprehend and arrest the body 
 of the defendant, or party against whom the warrant is issued, 
 and also to seize the property described in the warrant, if the 
 same are to be found in his county, and carry the said defendant 
 and said property, together with the warrant, before the Judge 
 or Justice issuing the same, or before any other Judge or Jus- 
 tice of said county. 
 
 Trial 
 
 Continuanc 
 
 ARTICLE III. 
 
 THE TRIAL. JUDGMENT, AND SUBSEQUENT PROCEEDINGS. 
 
 Skction. i Section. 
 
 393-i. Hearhio— continuance. 1 3937. Imprisonment of defendant. 
 
 3935. Issue— judgments, &c. ! 3938. Certiorari and trial thereon. 
 
 3936. Bonds— where returned. | 3939. Judgment on certiorari. 
 
 § 3934. The Judge or Justice before whom a warrant for the 
 restoration of personal property may be returned shall, if the 
 parties are ready, proceed with the hearing forthwith ; but if ei- 
 tlier of the parties are not ready, the hearing shall be postponed 
 '"'"to some subsequent time, to be fixed by the said Judge or Jus- 
 tice, so as to allow the parties a reasonable opportunity to pro- 
 cure their testimony, and at the same time to insure a trial with 
 as little delay as possible. 
 
 § 3935. When the day set apart for the trial arrives, the Judge 
 the^oniyTs- or Justice shall proceed to hear evidence as to the question of 
 tried? possession in a summary way, without investigating the title to 
 the property, and shall cause the property to be delivered 
 Tud-ment to the party from whose possession the same was violently 
 or fraudulently taken or enticed away, or from whom the 
 same absconded, or in whose peaceable and lawful posses- 
 sion it last was; Provided, such party shall then and there 
 suMessfui enter into a recognizance, with good and sufficient securi- 
 ^*''^' ty, in double the amount of the value of such property, 
 and the hire claimed, if any, to cause the said property to be pro- 
 duced and forthcoming to answer any judgment, execution or 
 
FT. 3.— TIT. IT.— CHAP. 1.— Possespory ^VARl^ANTs. 76^ 
 
 Article ?>. — Trial, Judgment and Snbseqrient Proceedings. 
 
 'decree that may be liad, issued or made ujion such suitor action. 
 -at Isivc or in equity, as the opposite party may coninience or pros- 
 ecute within the next four years toucliing the same; Provided ^fan&T(^%e. 
 also, that "when the part3' taking out the warrant shall refuse or tymay'^br'^ 
 'fail to give such security, then the Judge or Justice may, in his defendant ou 
 
 bis firivinfiT 
 
 discretion, deliver over the property to the opposite part}'' uponi>o»d. 
 his entering into a like recognizance, with security of the same 
 nature and effect. 
 
 §393G. The Judge or Justice shall return any recognizance ta- Boud— 
 'ken as provided in the preceding section to the next Superior tlirned"^" 
 Coiu't of the count}' where the same is taken, to be transmitted to 
 the court where any suit or action nuiy be commenced touching' 
 «aid property, and the securities on such recognizance shall be 
 bound and liable for the eventual condemnation mone}'^ in such 
 -suit or action, and execution shall issue against them in the same 
 manner as against security on appeals. 
 
 3937. Upon the return of a possessory Avarrant, if it shall ap- DetendMit 
 pear that the officer cannot find, or was unable to seize the prop- tTrtLned- 
 erty described in the warrant, and that such property is in the 
 possession, power, custody or control of the defendant, or any 
 agent or friend of his, or any one acting for or intrusted with the 
 same for him, and the said defendant doth not produce or cause 
 said property to be forthcoming to ])e dealt with as the law di- 
 rects, and as the judgment of the said Judge or Justice awards, 
 the said defendant shall be committed to jail, there to remain in 
 safe and close custody without bail or main-prize until such 
 property shall be produced or forthcoming, to be disposed of as 
 aforesaid; Provided, always, that no person shall be so commit- 
 ted to jail for such failure to produce property if he can satisfac- ^""''*"' 
 toriiy prove to the Judge or Justice trying the case, that such 
 property has been in his quiet and peaceable possession for four 
 years next immediately preceding the issuing of the said warrant, 
 but upon such proof being made, the warrant shall be dismissed : 
 And 2)rovided, fuHher, that no person shall be imprisoned as 
 aforesaid pending an application for a certiorari before the Supe- 
 rior Court, who shall give bond and security to abide bv the final 
 decision of the causci 
 
 § 3938. The writ of certiorari lies to every decision of a court certiorari 
 upon a possessory warrant, to be sued Out as in other cases ; and ment^oi"*^" 
 upon the hearing of such writ in the Superior Court, if the liberty wiS^^t"""^ 
 of the party is endangered by the decision of the court below he 
 
756 PT 3 —TIT. 17.— CHAP. 1.— Possessory Wakrants. 
 
 Articles.— Trial, Judgment and Subsequent Proceedings. 
 
 Judpnenl 
 
 may demand a trial before a jury empannelled as in criminal cases, 
 upon the issue of fact as to the alleged property being in his pos- 
 session, power, custody, or control, or that of his agent, fnend or 
 any other person for him, and the verdict of such jury shall be 
 conclusive on the question. 
 ........ 8 3939. Upon hearing the mrtwrari the Judge may remand 
 
 :e^£*r«H. the case or give iinal judgment and direction therein as he may 
 see fit. 
 
 TITLE XVIII. 
 
 OF PROCUKDINGS ON TRL\L OF CITIZENSHIP. 
 
 CHAPTER I. 
 
 OF THK PROCEKDINGS ON THE TRIAL OF CTriZENSHIP. 
 
 a ^nw i Section. 
 
 '9T0 Citi.euBhii^how disputed. ' 3943. Evidence of the plaint^. 
 
 394i: Any citizen may be made party. 3944. Damages-when g.ven to defendant. 
 3942. Trial and judgment. 
 
 8 3940 Every citizen of this State, of full age and laboring un- 
 -"£rder no disability, has the right to dispute and have investigated 
 ^ by process of law, the claim to citi.end.ip set up by any othe. 
 perLn in tl>e following n.anner, to wit: He shall We Ins peUUon 
 in the Superior Court of the county, against any persou resident 
 tl.oreof, who may claim to exercise and enjoy the rights and pri- 
 vileges of a free white citizen, of this State, in which he shall 
 distinctly allege that such person so claiming to exercise anden- 
 x.i..»«on. ioy the rights and privileges aforesaid, is ot mixed blood and not 
 i free wliite citizen, to which the Clerk of said court shall annex a 
 process, and a copy thereof shall be served on the defendant, m 
 ■ he manner as now provided for in cases on the common law side 
 of said court; Provided, that before filing such petition the per- 
 son filing the same shall make oath that the facts set forth in such 
 petition are true, ac-cording U, the best of his knowledge and 
 
 belief 
 
 S3941 Pending anv suit as provided in the preceding section, 
 it shall be lawful for a^y white citizen to make himselt a party 
 thereto, and prosecute the same, subject to aU the habihties, as 
 though he had commenced such suit. 
 
 Process scr 
 Tioe. 
 
 ©ath 
 
 Parti ««. 
 
Must be tvr» 
 concurrent 
 
 PT. 3.— TIT. 18.— Tkia]. of Citizenship. T57 
 
 Chapter 1. — Proceedings on the Trial of Citizenship. 
 
 S 3942. All suits instituted as provided in this chapter, shall Tnai by 
 be tried by a special jury at the first term of the court to which 
 the same may be returnable, unless continued as provided by this 
 Code in cases of appeal ; and final judgment shall not be render- 
 ed, either for or against the defendant, until tliere shall be two 
 concurring verdicts, as in cases of divorce, as provided by this ^""-d'cts. 
 Code ; and the final judgment so rendered shall be deemed and 
 held by all the courts of this State, as conclusive upon the rights 
 and privileges of said defendant. 
 
 § 3043. On the trial of any suit instituted by the authority of Eviden«e. 
 
 this chapter, it shall be lawful for the plaintiff" to prove that the 
 
 defendant is descended from, and stands in the third degree or 
 
 veneration to him or her who was or is not a free white citizen 
 o 
 
 of this State, or of any other State whose constitution and laws 
 tolerate involuntary slavery, or that said defendant has one-eighth 
 of negro or African l)lood in his or her veins. 
 
 § 3944. Upon the trial of the case, as hereinbefore provided, Damages for 
 if the jury should be of opinion, from the evidence, that the pro- ^ '""^*"*- 
 ceeding is malicious and without probable cause, they may find 
 in favor of the defendant, against the plaintiff", such damages as 
 they may deem reasonable and just, under all the circumstances 
 of the case ; and should they so find, one verdict shall be suffi- 
 cient, and said defendant may enter iudcjment and have execu- one rer<kct 
 
 . ./ •> ^ suffloient. 
 
 ftion thereon, as m other cases at law. 
 
758 FT. 3:— TIT. 19:— GHAP. l.—^vm fob Freedom. 
 
 Article 1. — Preliminary Proceedinj; 
 
 TITLE XIX. 
 
 OF PROCKHDINGS IN SUITS FOR FREEDOM. 
 
 CHAPTEIl I. 
 
 PROCEEDINGS IN SUITS FOR FREEDOM. 
 
 Aktk i.K 1. IVeliminary proceedings. 
 Articlp: 2. Proceedings on tlie triul. 
 
 ARTICLE L 
 
 PH KLIMINART PROCEEDINGS. 
 
 Section. .Sectjox. 
 
 3945. Aflidavlt, bond and wniTiint. | 3948. Bond of fomplainant. 
 
 .1946. Hearing before the Justice. \ o94rt. Return of the proceeding. 
 
 3947. Bond of the pretended owner. ! 
 
 Affidavit § 3045. When any free wliite citizen of this State shall appear- 
 movsn?. * before any one of the Justices of the Inferior Court of any county 
 in this State, in which a person of color is lield in slavery, and' 
 make oath that lie has good reason to lielieve, and does believe^ 
 that such person of color is free, and is illegally and wrongfully 
 held in slavery, and shall also give bond and good security, pay- 
 able to the pretended owner of such person of color, in a sum 
 equal to the value of such person of color, conditioned to pay all" 
 damages that may be sustained l)y the said pretended owner, by 
 reason of the proceedings to try the (piestion vt' the freedom or 
 slavery of such person of color, together with all costs that may 
 accrue thereon, in the event that it shall appear, by the result of 
 the trial of such question, that such person of color is not enti- 
 tled to his freedom, and is a slave, it shall 1)C the dutj^ of such 
 •Warrant. Justice of the Inferior Court to issue a warrant, directed to the 
 Sheriif, his deputy, or any Constable of said county, commanding 
 them, or either of them, forthwith to arrest both the pretended 
 owner of tlie person of color, and the person of color himself,, 
 and bring them before such Justice, to the end that inquiry may 
 be had into the facts and circumstances of the case, 
 iiamina- § 394G. If, upou a full examination into all the facts and cir- 
 tiuTj^s'tkl cumstances of the case, it shall appear to the Justice that the com- 
 plaint is unfounded, tlie warrant shall be dismissed, and the party 
 
PT. 3.— TIT. 19.— CHAP. 1.— Suits for Freedom. 759 
 
 Article 1. — Preliminaiy Proceedin,c:s. 
 
 complained against shall be discharged, and permitted to retain 
 the custody and dominion of such person of color ; but if, upon 
 such examination, said justice shall be satisfied that there is prob- 
 able ground to believe that such person of color is improperly 
 and illegally held in such state of slavery, he shall give judgment 
 accordingly, and reduce the entire examination to writing. 
 
 § 3947. If the examination shall satisfy the said Justice of the JJ^^^^^^^J^^l 
 Inferior Court that there is probable ground to believe that such ^^""^l^^^ 
 person of color is improperly and illegally held in a state of slave- 
 ry, he shall require the party complained against to enter into 
 bond, with two or more good securities, payable to the complain- 
 ant, as the next friend of such person of color, in double the 
 amount that said person would be worth if a slave, conditioned 
 that such person of color shall not be removed beyond the limits , 
 of this 8tate ; and that said person of color shall be produced 
 and forthcoming subject to the order of the court ; and that the 
 final order and decree of the court shall be complied with in any 
 suit that may be prosecuted for the freedom of said person of 
 color. 
 
 §3948. If the party complained against shall fail to give theFnii"'',''"!. 
 
 " _ I J r o o ^ ^(IclendanttO 
 
 bond provided for in the preceding section, the said Justice ot gi'?<^ tond. 
 the Inferior Court shall cause the said person of color to be de- 
 livered to the party making the affidavit and complaint, upon his 
 giving bond, with good security, payable to the party complained 
 against, in a sum ecjual to what said person of color would be 
 worth if he were a slave, conditioned for the delivery of the per- 
 son of color, and tlie payment of his hire to the pretended owner ; 
 Provided, it shall a])pear upon the trial of the suit for freedom, 
 that such person is a slave, and is not illegally held in slavery. 
 
 §3949, The Justice of the Inferior Court before whom the proceedings 
 same are had and taken, sliall return the affidavit, warrant, bond cd to supc- 
 
 , . . . Till T i"'*"' Oonrt. 
 
 and written examination, and all otlier ]»apers and proceedings 
 touching the same, as hereinbefore provided for, to the Clerk of 
 the Superior Court of the county in which the examination and 
 proceedings are had, and said Clerk shall docket the case, stating 
 the names of the parties, and the party making the affidavit shall 
 he plaintiff, and tlie party cliarged with holding the person of 
 color in slavery illegally f^hall be defendant. 
 
760 
 
 PT. 3.— TIT. 19.— CHAP. 1.— Suits fok Freedom. 
 
 Article 2. — Proceedings on the Trial. 
 
 ARTICLE II. 
 
 PROCEEDINGS ON THE TRIAL. 
 
 Section. 
 :!050. Petition of the plaintifl'. 
 3951. Amendment of the plendinps. 
 .■'952. Burden of proof — presumption. 
 ;?953. Triiil and appeal. 
 
 jSkctiok. 
 
 3954. Final judgment. 
 
 3955. Expenses of next friend— how paid. 
 :{9.jG. Court niav frame writ. &o. 
 
 What the 
 plaintiff 's 
 petition 
 most con- 
 tain. 
 
 Pleadiucs 
 may be 
 amcndctl 
 
 Bardon of 
 proof on tbf 
 
 wayfi prc- 
 
 § 3950. AVhen the preliminai-j pi-oceedings arc returned, and 
 the case docketed, as provided in tlie first article of tliis chapter, 
 the plaintiff" shall file his petition, scttinj; forth the irronndsupon 
 which the person of color claim.- his right of frccd(»in, and said 
 petition shall also embody the facts contained in the preliminary 
 examination before the Justice of the Inferior Court, and the 
 case shall stand for trial as other cases at common law. 
 
 § 3951. The plaintiff shall l>e at liberty to assume any new 
 grounds in his ])etition, and the pleadings in the case shall be 
 subject to amendment under the same rule,- as govern in other 
 cases in the Superior Court. 
 
 § 3952. In suit for freedom the burden of proof shall always 
 plaintiff and lie Oil thc plaiutift*, and it shall be always presumed that every 
 
 slavery nl- ^ _ . i ... 
 
 negi'o, Indian, mulatto or inustizoc. (except free Indians in amity 
 with this State, and negroes, muKittoes, and mustizoes, who now 
 are or may hereafter become free) is a slave, unless the coiitrary 
 can be made to appear. 
 
 §3953. The issues in a suit for freedom shall be made u[) and 
 tried b}' a jui'v, as at common law trials in other cases, and 
 either party being dissatisfied Mith the verdict, may enter an ap- 
 peal under thc rules and regulations which ])revail in other cases, 
 without giving bond and security, or making affidavit of inabil- 
 ity so to do. 
 
 § 3954. If it shall appear at the final trial of such case that 
 the person of color is free, thc court shall order him to be set at 
 liberty, and a guardian to be appointed for him according to 
 law. and the court shall also ^ive iudfrmcnt acrainst the defend- 
 ant for damages for the full value of the hire and services of such 
 person of color, during the time he was illegally held in slavery 
 by such defendant, unless the jury trying the case is satisfied 
 that the claim of the defendant was hona fide, under the belief 
 that the person of color was his slave. 
 
 Appeal ai 
 lowed. 
 
 Final judg- 
 nMnt 
 
PT. 3.— TIT. 19.— CHAP. 1.— Suits fok Fkeedom. 761 
 
 Article 2. — Proceedings on the Trial. 
 
 S 3055. Tlic nroclmii ami of sncli iierson of color shall be liis ETpensos of 
 
 -^ /« 1 T • • 1 I next friend 
 
 guardian until the legitimate expenses ot the litigation have been -how paid. 
 repaid to him by the labor of his ward, and until a new guardian 
 is appointed. 
 
 § 3956. If any case sliould arise where the proceedings author- co„rt may 
 ized by this Code will not prove an efficient remedy for a free &c!"*^ "^" 
 person of color held in bondage, the Superior Court shall have 
 power to frame a writ and mould the proceedings to meet the ex- 
 igencies of the case. 
 
 TITLE XX. 
 
 OF THE WRIT OF CERTJOHAh'I. 
 
 CHAPTER I. 
 
 OF THE WRIT OF CERTIORARL 
 
 Akticlk 1. In what cases the writ of (ertiorari lies. 
 Article 2. How obtained, and proceeding thereon. 
 AKTir-LK 3. Of the answer, hearing, judgment, and costs. 
 
 ARTICLE I. 
 
 IX WHAT CASES THE WRIT OF CEUTJOliAin J.IKS. 
 Section ;)957. When a writ rertiomrl will lie. 
 
 § 3957. The writ of certiorari will lie for the correction of er- ^vllen a er- 
 rors committed by the Inferior Court, or the Justices thereof, Ue. 
 •Justices of the Peace, Corporation Courts, or Councils, or any 
 inferior judicatory or any person exercising judicial powers, inclu- 
 ding the Ordinary, except in cases touching the probate of wills, 
 ^granting letters testamentary, and of administration. 
 
762 FT. 3.— TIT. 20.— CHAP. 1.— Certiokaei. 
 
 Article 2. — How obtained and Proceedings thereon. 
 
 AETICLE II. 
 
 liOW OBTAINKD, AND PROCEEDINGS THEREON. 
 
 Section. Section. 
 
 3958. To the Inferior or Court of Or'nary.' .1964. AfTidavit in lie\i of bonds and costs. 
 
 .3959. Judge may prant out of his circuit. .'{905. Must be apphed for in 3 months. 
 
 .3960. Justices and otlier inferior judi't'r'.s! 3966. Must be docketed & served 15 days.. 
 
 ;'.961. Aflidavit to petition. , 3967. Ten days' notice to adverse party. 
 
 3962. Bond & security nuist be given, Ac. 3968. Sliall operate as a supersedeas. 
 
 3963. Security compelled to justify*. 
 
 ivomthoin- §3958. AVlieii eitlier party in any cause, in any Inferiur Court 
 
 Court of or Court of Ordinary, sliall take exceptions to any proceeding or- 
 
 Ordinary. j(j(.jgjQu jj^ ^ny causc, affcctiug the real merits of such cause, the 
 
 party making the same shall offer such exceptions in writing, 
 
 which shall he signed by himself or his attorney, and if the same 
 
 shall he overruled hy the court, such party may petition the 
 
 Judge of the Superior Court for a writ of <-t'rti<>fiiri, in which 
 
 petition he shall plainly, fully, and distinctly .set forth the errors 
 
 complained of, and if such Judge shall deem the objections to be- 
 
 sufficient, he shall forthwith issue a writ of reft iorar!, directed to 
 
 the Clerk of such Inferior Court or to the ( )rdinary, requiring 
 
 Of the return ^'^'^^ to ccrtifv aud send up to the Superior Court at the time 
 
 specified in said writ all the proceedings in said cause. 
 "VThcn ju.Ilc §3959. No Judgc of the Superior Court shall grant or issue 
 out^if/'h^s any writ of crtiiora/u' out of his judicial <'ircuit, unless there 
 shall be a vacancy in any of the other circuits, «»r the Judge 
 thereof be indisposed, or be absent therefrom, so that the busi- 
 ness of granting cn'tlorai'is cannot be speedily done. 
 For .lusiics § 3900. AVhen either partv in anv cause in a Justices' Court, 
 
 and other iu- . - • r^ /^ •^ "^ •' i> • • i- i • 
 
 feriorjudi- Oorporatioii Court. Council, or anv interior ludicatorv, or betore 
 any person exercising judicial i)owers, sliall ]>e dissatisned with the 
 decision or judgment in such cause, such party may apply for 
 and obtain a writ of eertioi'arl by petition to the Superior 
 
 Must bo . 1.1 .. 1 iiii'. 1 11.. 1 ., 
 
 sanctioned Coui't, lu which pctitiou lie sliall plainly and distinctly set torth 
 the errors complained of And on such petition being tiled in 
 the office of the Clerk of the Superior Court, together with the 
 
 ^, „, bond or affidafit as hereinafter provided, it shall be the duty of 
 
 Shall be IS- •• , ' " 
 
 .vudby such Clerk to issue a writ <ji certiorari , directed to the Justice of 
 
 Clerk. ^ ' _ _ 
 
 the Peace of the district where the decision complained of was 
 How jiroc- niade, or other trilninal c»r person whose decision or judgment is 
 **^" the subject matter of complaint, requiring such Justice of the 
 
FT. 3.— TIT. 20.— CHAP. 1.— Certiorari. 763 
 
 Article 2. — How obtained and Proceedings tliereon. 
 
 Peace, or other tribunal, or person, to certify and send up all the 
 proceedings in said cause to the Superior Court as directed in 
 said writ of certio/'a?n. 
 
 §39(31, No writ of certiorari shall l)e granted or issued, (ex- -^ffiJavit to. 
 cept to the Inferior or Court of Ordinary,) unless the party ap- 
 plying for the same, his agent or attorney shall make and file 
 with his petition the following affidavit, to wit: 
 
 Georgia, ) 
 
 County, f 
 
 I, A. B., do solemnly swear that the petition for certiorari is Form of. 
 not filed in the case for the purpose of delay only, and I verily be- 
 lieve I have good cause for certiorari, and that the facts stated 
 in the foregoing petition, so far as they come within my own 
 knowledge arc true, and so far as derived from the knowledge of 
 others, I believe them to be true. 
 
 Sworn to and subscribed before me, this day of 
 
 18 . 
 
 §3962. Before any writ oi certiorari shall issue, (except as Bond and 
 hereinafter provided,) the party applying for the same, his agent ^e^^Sn.^* 
 or attorney shall give bond and good security, conditioned to pay 
 the adverse party in the cause the eventual condemnation money, to- 
 gether M'ith all future costs, and shall also produce a certificate from 
 the clerk of the Inferior Court, or the officer whose decision or judg- 
 ment is the subject matter of complaint, that all costs which may costs must 
 have accrued on the trial below have been paid, which bond and ^'^ ^'"'^' ^^^ 
 certificate shall be filed with the petition for certiorari, and the 
 security on said bond shall be liable as securities on appeal. 
 
 § 3963. The party authorized to take said bond and security security 
 may compel the security tendered to justify upon oath, and such TJustifT'^^ 
 justification shall amount to such sufficiency as to exonerate the 
 party taking the same from any liability. 
 
 § 3964. If the party applying for the writ of certiorari will Aaidavit m 
 make and file with his petition an affidavit in writing that he isbon/ 
 advised and believes that he has good cause for certioraring the 
 proceedings to the Superior Court, and that owing to his poverty 
 he is unable to pay the cost and give security as required in the 
 preceding section, such affidavit shall in every respect answer 
 instead of the certificate and bond above mentioned. 
 
 §3965. All writs oi certiorari shall be applied for within three 
 months after the final determination of the case in which the er- 
 
764 
 
 PT. 3.— TIT. 20.— CHAP. 1.— Certiokaki. 
 
 Article 2. — Hew obtained and Proceedings thereon. 
 
 Must he ap- 
 plied for in 
 ;? monthb. 
 
 Koturnablo 
 to next 
 term. 
 
 Must be 
 seryed Ifi 
 dnr*. 
 
 Maj be 
 served br 
 yarty. 
 
 Ten days nu 
 tice to'thc 
 .adverse par^ 
 tr. 
 
 ^liall ope- 
 rate as a gu- 
 rpersedens. 
 
 ror is alleged to have been committed, and not after ; and shall be 
 made returnable to the next Superior Court after the issuing of 
 the same, unless said Superior Court shall sit within twenty days 
 after the issuing of said writ, in which case said writ shall be 
 made returnable to the next succeeding Court. 
 
 § 396G. When the foregoing provisions have been complied 
 with and the writ of cerUorari shall have been issued, the Clerk 
 of the Superior Court shall place the same on the certiora/ri 
 docket, whicli writ, together with the petition, shall be. delivered 
 to the party to whom it is directed by the party applying for the 
 certiorari, his agent or attorney, or the Sheriif, Deputy Sherifi', 
 or any Constable at least fifteen days previous to the court to 
 which the return is to be made. 
 
 § 31)67. The plaintiff iu certiorar't shall cause written notice to 
 be given to the opposite party in interest, his agent or attorney, 
 of the sanction of the writ of certiorari, and also the time and 
 place of hearing, at least ten days lieforc the sitting of the court 
 to which the same shall be returnable, and in default of such no- 
 tice, (unless prevented by unavoidable cause) the cert'u>rari'^\2^ 
 be dismissed. 
 
 §3908. The Avrit oi crrtiorari, when granted, shall operate a« 
 a supersedeas of the judgment until the final hearing in the Su- 
 perior Court. 
 
 ARTICLE III. 
 
 OF THE ANSWER, HEARIXU. JUDGMENT AND COSTS. 
 
 Section 1. Of the answer. 
 Section 2. Of the hearing. 
 Section 3. Of the judgment and costs. 
 
 SECTIOX I. 
 
 OF THE AXSWEIv. 
 
 Section'. 
 3971. Not written bj interestod party. 
 
 Section*. 
 
 3969. Answer filed on first day. 
 
 3970. Exceptions mnst be in writing. 
 
 S 3969. The answer to the writ of c^rtwrari shall be filed on 
 
 .VasTTfr tiled «^ i i i • i 
 
 •on first day the first day of the term to which it is returnable, unless further 
 
 ofterm. "^ /-. n i n • • 
 
 time be given, and shall reply specifically to the allegations in 
 the petition. 
 
FT. 3.— TIT. 20.— CHAP. 1.— ART. 3.— Ceetioraki. 765 
 
 Section 1. — Of the Answer. 
 
 § 3970. Exceptions to the answer shall be filed in writinsr, spe- Exception* 
 
 • p • 1 1 /» 1 • 1 i • 1 , "" to answer. 
 
 ciiying the detects, and notice thereot given to the opposite party 
 before the case is called in its order for hearing ; and if such ex- 
 ceptions be sustained, the answer shall be perfected, as directed now ^ei- 
 by the court. 
 
 § 3971. The answer shall not be written or dictated by either Must not be 
 
 /. 1 • 1 . 1 . , ■written by 
 
 01 the parties, or their attorneys, or any other person interested party inter- 
 in the cause, and if made after the party making the same has 
 retired from olhce, it shall be verified by afiidavit. 
 
 SECTION II. 
 
 OF THE HEARING. 
 
 Shction. I Section. 
 
 .3972. Stands for trial — first term. 3974. Answer u)ay be traversed. 
 
 ;}973. Errors must be pet forth. I 
 
 § 3972. Certiorari causes shall stand for trial at the return stands for 
 terra, and the Judge shall take up the docket and dispose of the tmu* 
 same in its order unless continued for good cause. 
 
 § 3973. No ground of error shall be insisted upon on the hear- Errors mutt 
 
 , T . 1 . -...■, /> 1 . 1 tje set forth. 
 
 mg, which IS not distincly set lorth m the petition. 
 
 §3974. The plaintiff in eertlorarl may, at the first term, and Answer may 
 beiore the hearing, traverse the truth ot the answer or return, at arm term. 
 which traverse shall be in writing, specifying the portion of the 
 answer or return intended to be controverted, and verified by af- 
 fidavit, and the issue formed upon such traverse shall be tried by xned by 
 a special jury at the same term, unless good cause is shown for *'"'''**' ^'^■^' 
 a continuance, and their verdict shall be final as to the facts, 
 upon which the court shall pronounce the law. 
 
 SECTION III. 
 
 OF THE JUDGMENT AND COSTS. 
 
 Section. ^ iSeotioit. 
 
 3975. May be dismissed or returned. 3977. Of the judgment for plaintifl". 
 
 3976. Damages may be awarded. j 3978. Of the judgment for defendant 
 
 § 3975. Upon the hearing of the writ of certiorate the Supe- 
 rior Court may order the same to be dismissed, or return thenlffsL^ior**' 
 name to the coml from which it came, with instructions, and in '"' 
 all cases when the error complained of is an error in law which 
 
 C«rtioran 
 
766 
 
 PT. 3.— TIT. 20.— CHAP. 1.— AET. 3.— Certiorari. 
 
 Section 3. — Of the Judgment and Costs. 
 
 eneiit may 
 ?>e given. 
 
 Damage 
 may bo 
 jjwanlec!. 
 
 \i the cer- 
 tiorari is 8U!' 
 taincd, juilg 
 ■Mifnt for 
 jilaintitJ. 
 
 If tlif por- 
 tiurari i»dis 
 missed juds 
 iiient for de 
 ■ tVndant. 
 
 must finally govern the case, and the court shall be satisfied there 
 is no question of fact involved, which makes it necessary to send 
 the case back for a new hearing before the tribunal below, it shall 
 be the duty of the said Judge to make a final decision in said 
 case without sending it back to the tribunal below. 
 
 § 397G. The presiding Judge before whom any writ of rcHio- 
 rari may be heard, on motion of the opposite party, may order 
 that damages, not more than twenty per cent., l>c recovered by 
 the defendant against the plaintift' in certiorari and his security, 
 in case it shall be made to appear that the said certiorari was 
 frivolous, and applied for without good cause, or for the purpose 
 of delay only, and judgment may be entered u]) and execution 
 issued accordingly. 
 
 § 3077. If, on the hearing, the certiorari shall be sustained, 
 and a final decision thereon shall be made by tlie Superior Court, 
 the plaintifi' may sign up judgment for the amount l)y him re- 
 covered in the court below, and the costs paid to obtain the cer- 
 tiorari, and also the costs in said Superior Court ; but if tlie cer- 
 tiorari shall be returned to the court below for a new hearing, 
 the plaintifi" shall sign up judgment for the costs in said Superior 
 Court only, leaving the costs paid to obtain the certiorari to abide 
 the final trial below. 
 
 § 3978. If the certiorari shall be dismissed, and a final decision 
 made in the cause by the Superior Court, the defendant in cer- 
 tiorari mav sign up judgment in said Superior Court against the 
 plaintift' and his security for tlie sum recovered by him, together 
 with the costs in said Superior Court, and if said case be sent 
 back to the court below, and there be a judgment in said case in 
 favor of said defendant in the court below, the security on the 
 certiorari bond shall then be included as in case of security on 
 appeal. 
 
PT. 3.-TIT. 21.-CIIAP. ].-Trespa86ees. 
 
 Article 1.— Proceedings against Intruders. 
 
 TITLE XXI. 
 
 PROCEEDINGS AGAINST TRESPASSERS OX LAND AXJ) TENANTS HOLD- 
 ING OVER. 
 
 ■CiiAi'TEii 1. Proceedings against intruders— tenant.^ holding over. 
 €jiai'tek 2. Forcible entry and detainej-. 
 
 CIIAPTEP I. 
 
 PROCEEDIxNGS AGAINST INTRUDERS ON LAND ANDTKNANTS liuLDINCt 
 
 OVER. 
 
 Article 1. Proceedings against intruders. 
 Article 2. Proceedings against tenants. 
 
 ARTICLE I. 
 
 PROCEEDINGS AGAINST INTRUDE HS. 
 ^^^'^'ON. .Section. 
 
 39V0. Affidavit of land owner. , 3981. How issue .shall ho tried. 
 
 3980. Intruders may make a counter affi't; 3982. A writ of possession .shall i.ssue. 
 
 JATo ^T^""^ ";-y;>^e^ected from tlie possession of Lands c...„. 
 ■and tenements in the following manner to wit : When any per-Sir/^do- 
 son, either by himself, his agent or attorney in fact, shall take iSf ^•' 
 <nnd subscribe an afhdavit in writing before any officer author- ''"'*"• 
 ized to administer an oath, setting forth that lie does in good 
 laith claim the right of possession to any land or tenement, (des- 
 cribing the same) and that such land or tenement is in the hands 
 ot^ another person, ^naming the person) who does not in c.ood 
 laith claim a right to such possession, and yet refuses to abandon 
 the sanie ; and when such affidavit shall be placed in the hands 
 of the Shenft ot the county where the land or tenement is situ- 
 ated. It shall be the duty of such Sheriff, at the earliest practica- ^;'<;r-""«« 
 ble day, to exhibit such affidavit to the person described 'as befn. ' 
 
 111 possession of such land or tenement, and to turn such person 
 out of possession, unless the person so in possession shall at once 
 tender to the Sheriff a counter affidavit, stating that he does in 
 good faith claim a legal right to the possession of said land or 
 tenement. 
 
768 PT. 3.— TIT. 21.— CHAP. 1.— Trespassers. 
 
 Article 1. — Proceedings against Intruders. 
 
 »heriff must 8 3980. The Sheriff shall be a competent officer to administer 
 
 adminibter , , i • • • i 
 
 oath. the oath to the person in possession, in case he tenders the coun- 
 
 ter affidavit provided for in the preceding section. 
 
 Where afli- 8 3981. If a counter affidavit be tendered, as hereinbefore pro- 
 davit shaii " rt« 1 n 
 be returne.i, vided for. the Sherift shall not turn the ])arty out of possession, 
 
 and issup j. ./ i 7 
 
 ^"^''i- but the contending parties shall be remitted to their respective 
 
 rights, and tlie Sheriff shall return both affidavits, and deposit 
 them in the ofKce of the Clerk of the Superior Court of the 
 county in which the land lies, upon -which an issue shall be made 
 up and tried by a jury, according to tlie laws of this State. 
 ifTerdioti-e §3982. If thc finding of the jury upon the trial of the issue 
 writof i)os- provided for in the precedinf; 6ectit)n shall be fur the plaintiff, or 
 
 session shall 1 r> ^ i 7 
 
 issue. movant, the Clerk shall issue upon the judgment a writ of ha- 
 here f arias possessionem including a fieri faciax for the costs. 
 
 AirnCLE II. 
 
 PROCEEDINGS AGAINST TENANTS. 
 
 Skctio.v. .Skctiok. 
 
 :!98:5. Affidavit of the laudlord. 1 3986. How issue Hliall be tried. 
 
 :{984:. Warrant against thc tenant. j 3987. Judgment .'tnd \viit of posseKsiou. 
 
 3985. Tenant may arrest proceedings. \ 
 
 Where a § 39S3. In all cases where a tenant shall huM possession of 
 
 ove?,\c." ' * lands or tenements, over and beyond the term for which the same 
 were rented or leased to him, and in all cases where lands or ten- 
 ements shall be held and occupied by any tenant at will or suf- 
 ferance, whether under contract of rent or not, and the owner of 
 the lands or tenements shall desire the possession of the same, 
 such owner may, by himself, his agent or attorney in fact, or at- 
 torney at law, demand the possession of the property so rented, 
 leased, held, or occupied, and if the tenant refuses or omits to de- 
 liver possession when so demanded, the owner, his agent, or at- 
 torne}' at law, or attorney in fact, may go before the Judge of 
 the Superior Court, or any one of the Justices of the Inferior 
 Court, or any Justice of the Peace, and make oath of the facts. 
 Warrant § 3984. Whcu the affidavit provided for in the preceding sec- 
 
 forthrten- tiou shall be made, the officer before whom it is made shall grant 
 Ml r«mov» ^^^^ issue a warrant, or process, directed to the Sheriff of the 
 v/ j county where the land lies, or his deputy, commanding and re- 
 * J quiring him to deliver to the owner, or his representative, full 
 
FT. 3.— TIT. 21.— CHAP. 1.— Trespassers. 769 
 
 Article 2. — Proceedings agaiust Tenants. 
 
 and quiet possession of the lands or tenements mentioned in the 
 affidavit, removing the tenant, with his property tbund thereon, 
 away from the premises. 
 
 §3985. The tenant may arrest the proceedings and prevent Tenant nMi> 
 the removal of himself and goods from the land, bv declaring on ceedings by 
 
 ^ , , . * "" counter aflB- 
 
 oath that his lease or term ot rent has not expired, and that he<i^vit. 
 
 is not holding possession of the premises over and heyond his 
 
 term ; or that he. does not hold the premises, either by lease, or ^ ' ' '' ^fh 
 
 rent, or at will, or by sutferance, or otherwise, from the person i^ , f*7,* - 
 
 who made the affidavit on which the warrant issnedf or from any 
 
 one under whomhe claims the premises, or from any one (claiming 
 
 the premises under liim. 
 
 §3986. If the counter affidavit provided for in the preceding isaue tried 
 section is made and delivered to the Sheriff' or Deputy Sheriff', co^t^*"**'^ 
 the tenant shall not be removed ; but such Sheriff" or deputy shall 
 return the proceedings to the next Superior Court of the county 
 where the land lies, and the fact in issue shall bo there tried by 
 a special jury as in cases of appeal. 
 
 §3987. If the issue specitied in the preceding section shall bei^^ubiorent 
 determined against the tenant, judgment shall go against him posarB^^on- 
 for double the rent reserved or stipulated to be paid; or if he ^^''°" 
 be a tenant at will or sufferance, then for double what the rent 
 of the premises are shown to be worth, and the movant or plain- 
 tiff shall have a writ of possession, and be by the Sheriff placed 
 in full possession of the premises. 
 
 CHAPTER II. 
 
 FORCIBLE ENTRY AND DETAINER. 
 
 SscnoN. 
 
 3988. Fact to bo tried by jury. 
 
 3989. If all do not attend. 
 
 3990. Possession and force submitted. 
 
 3991. Oath of jury. 
 
 Section. 
 
 3992. Restitution to bo made. 
 
 3993. Service on non-residents. 
 
 3994. No bar to indictment. 
 
 § 3988. Any one or more Justice of the Peace, upon complaint j„etio*«w 
 made on oath of any entry into lands or tenements, or of any h7»%y^ 
 forcible detainer of the same, shall have power to draw a jury 
 of twelve men from the jury box of the district in which the 
 lands and tenements so alleged to be forcibly entered or detained 
 are situated, and cause the Sheriff of the county, or the Consta- 
 ble of the district, to summon them to be and appear at the usual 
 
 49 — 
 
 k 
 
 £^j/-^li."x^ 
 
 
770 
 
 PT. 3.— TIT. 21.— Trespassers. 
 
 Chapter 2. — Forcible Entry and Detainer. 
 
 IIow sum- 
 moned. 
 
 Notice to dc 
 f«ndant. 
 
 If all the .)u 
 rors do not 
 attend. 
 
 Possession 
 and force on- 
 ly to Via Bub 
 inittcd. 
 
 O.ilh of jury 
 
 Kebtitutioii 
 fo be ninde. 
 
 Kut not 
 
 a^nst 
 
 3 years poi>- 
 
 session. 
 
 ^o^vlcc ( 
 non-resi- 
 douts. 
 
 No bar in 
 indictment. 
 
 place of holding court in tho said district on a certain day, to be 
 appointed by the said Justice or Justices, for the purpose of tr}'- 
 ins: the fact of such forcible entry or detainer. And the said 
 Justice or Justices shall also issue a summons to be directed to 
 the person or persons charged with such forcible entry or de- 
 tainer, and cause the same to be served on him by the Sheriff or 
 Constable at least five days before the time appointed for trial, 
 requiriufj him to ai>pear and defend the charge alleged against 
 him. 
 
 §3989. If all the jurors should not attend, or if there should 
 be a legal objection to any of them, then the Justice or Justices 
 may cause tlie jury to be completed l)y talvs jurors. 
 
 § 3990. Upon the trial the only facts which the jury shall in- 
 quire into, shall be the possession and the force, but they shall 
 have no power to inquire into the merits of the title on either 
 side. 
 
 §3991. The following oath shall be administered to the jurors, 
 viz: '• You shall well and truly inquire whether A. 13. has made 
 any forcible entry into the lands or tenements of C. D., and him 
 ejected therefrom, or forcibly detained the lands or tenements of 
 the said C. I)., and a true verdict give according to the facts as 
 they may appear to you in evidence. So help you God.'" 
 
 §399J. If upon the trial of such case the jury shall find such 
 forcible entry or forcilde detainer, or both, then the said Justice 
 or Justices shall give judgment accordingly, atid cause the Sher- 
 iff to make restitution of possession of the premises to the party 
 aggrieved ; Provided^ that if the person cliarged with such for- 
 cible entry or detainer, or those under whom he claims, shall 
 have been in peaceable possession of the premises for the space 
 of three j'ears or more as aforesaid, immediately preceding the 
 date of such warrant, then no restitution of possession shall be 
 made. 
 
 § 3993. If the defendant charged with a forcible entry or de- 
 tainer is not a resident of the county where the land or tene- 
 ment is situated, service of the summons may nevertheless be 
 perfected on him or his tenant, by the Sheriff or Constable, as 
 though he resided in the county. 
 
 § 3994. No proceedings under the provisions of this chapter 
 shall exempt any person guilty of a forcible entry or detainer 
 from indictment and punishment, under and by virtue of the 
 provisions in this Code. 
 
 J 
 
FT. 3. — tiT. 22. — Abatement of Nusiances. 771 
 
 Chapter 1. — Proceedings for the Abatement of Nuisances. 
 
 TITLE XXII. 
 procp:kdings for the abatement of nuisances. 
 
 CHAPTER I. 
 
 PROCEEDINGS FOR THE ABATEMENT OF NUISANCES. 
 
 .Section. 
 :i995. Nuisaiico — how removed. 
 ;{996. When m a town or city. 
 ;^99T. Notice to parties. 
 3998. When it is a grist or .saw mill. 
 
 Sectiox. 
 
 3999. Application — by whom made. 
 
 4000. Fees of Clerk — witness and jurors. 
 
 4001. Fees of the Sheriff. 
 
 § 3995, Any nuisance which tends to the immediate annoyance „ ^ 
 
 o ^ ^ ^ J May be re 
 
 of the citizens in general, is manifestly injurious to the public JJI^^J^*^- ='"'' 
 Jiealth and safety, or tends greatly to corrupt the manners and 
 morals of the people, may be abated and suppressed by the order 
 •of any two or more Justices of the Peace of the county, founded 
 upon the opinion of twelve freeholders of the same county, who 
 «hall be summoned, sworn and empannelled for that purpose ; 
 which order shall be directed to and served by the Sheriff of the 
 i-ounty, or his Deputy. 
 
 § 309G. If the nuisance complained of exists in a town or city, -whe,, in 
 under the government of a Mayor, Intendant, Alderman, War- ''*'^" """'^' 
 dens, or a Common Council, or Commissioners, such nuisance, by 
 and with the advice of said Aldermen, Wardens, Council, or 
 Commissioners may be abated and removed by order of said 
 Mayor, Intendant, or Commissioners, which order shall be direct- 
 -ed to and executed by the Sheriff or the Marshal of said town 
 or city, or their Deputy. 
 
 § 3997. Reasonable notice shall be given to the parties inter- ^^^^^^^, 
 ested of the time and place of the meeting of such Justices and 
 freeholders, or of such Mayor, Intendant and Alderman, War- 
 dens, Council, or Commissioners. 
 
 § 399S. If the nuisance complained of is a grist or saw mill, or (.^i^j gg^,^ 
 other water machinery of valuable consideration, the same shall ""ter ml-'" 
 not be destroyed or abated except upon the affidavit of two or '=^'"''''>'- 
 more freeholders, before one or more of the Justices of the Infe- 
 rior Court of the county in which the nuisance complained of 
 may exist, testifying that the health of the neighborhood, accord- 
 ing to their opinion and belief, is materially injured by such mill- 
 'dam or other obstruction to a water course by other machinery 
 
rjfj2 ['T. 3. — TIT. 22. — Abatemeiti^ of Nuisakces. 
 
 Chapter 1. — Proceedings for the Abatement of Nuisances. 
 
 as may be complained of; wliereupon it shall be the duty of such 
 Inferior Court, as soon as practicable, to cause a jury of twelve 
 d^*^I^°'' men to be drawn from the jury box of the Inferior Court, and 
 summoned by the Sheriff or his Dci>uty for the trial of the cause, 
 who, together with tlie said court shall attend at the court-house 
 of said county to adjudge the cjisc of nuisance complained of : 
 and all parties hhall liave a reasonable time allowed them to sum- 
 mon their witnesses and procure their attendance. 
 By^hom §39'J9. A public nuisaucc mav be abated on the application 
 ucTnTay't; of any citizen of the district, and a ].rivate nuisance <.n the ap- 
 °""^'^ plication of the party injured. 
 
 F*cBof th« ^ 4000. When it may become necessary for the Justice of the 
 ^^sL'ir-la Inferior Court, or other tribunal authorized by this Code so to 
 •'"^' do, to cause a jury to be summon(;d and empannelled to try a cause 
 
 of nuisance arising from water-macliinery, mill-dam, or other- 
 wise, the Clerk, witnesses and jurors shall be allowed such fees 
 in said causes as arc allowed by hiw in the Inferior Cowrts of this 
 State. 
 F»f. fhr § 4<^»^>1 • The Sheriff, or other olRcer, for summoning sucli jury, 
 
 .ummoninp ^j^^^ receivc tlic suui of three dollars, and when acting under the 
 order of said Inferior Court or other tribunal, bhall remove any 
 nuisance, machinery or mill-dams, for which he shall be allowed 
 puch fees as the eourt may deem reasonable and just. 
 
 TITLE XXII I. 
 
 OF INQUKSTS AND PROCKKUINCS THKRKOH. 
 
 CHAPTER I. 
 
 INQUKSTS AND PROCEKDINGS THEREON. 
 
 Srction. |Sectiok. 
 
 \o02. .Tun— how summoned. | 4007. Coroner's charpe to the ju.y, &«. 
 
 4003 refaullinjr jurors may be fined. ! 4008. Witness— how summoned. &c. 
 
 4004 Number of jurv. ic. \ 4009. Witness may be recognized. 
 
 4005. Jury-how sworn. I 4010. Inquests lobe returned to SuprCt. 
 
 4006. Oath of the jury. 
 
 „».rr § 4^^"-*-- Whenever a Coroner of any county in this State shall 
 
 "*''''r b'ue notice or l>e certilied of the death of any person within the 
 
 snaimonuig ^.^^^j^^ ^^^- ^j^^ eouutv of which hc is Coroucr, occumug under cir- 
 
 '"^ eumstances which make it his duty, under the laws of this State. 
 
PT. 3.— TIT. 23.— Inquests. 773 
 
 Chapter 1. — Inquests and proceedinps thereon. 
 
 to hold an inquest, lie shall make out a precept, directed to any 
 Constable of the county where the dead body is found or lying, 
 requiring him to summon a jury of inquest composed of good 
 and lawful men of such county, to appear before such Coroner 
 at the time and place mentioned in the precept ; which precept 
 may be in the form following — that is to say : 
 
 Statu of CIeOROIA, ( Form of tb* 
 
 County. ) P^P*- 
 
 To any lawful Constable of said county greeting: 
 
 " You are required immediately to summon eighteen good and 
 lawful men of said county to be and appear before me, the un- 
 dersigned, Coroner of the county aforesaid, at in said 
 county, on the day of at o'clock of that same day, 
 then and there to inquire of, do and execute all such things as in 
 behalf of the State shall be given them in charge touching the 
 deatli of (or a person unknown, as the case may be,) 
 and be you then and there with this precept to certify what you 
 have done in the premises, and further to do whatsoever else may 
 in belialf of the State, be enjoined upon you. 
 
 " Given under my hand and seal this the day of 
 in the year of our Lord ." 
 
 Coroner, [l. s.J 
 
 which precept shall bo forthwith executed by the Constable in constable or 
 whose hands it may be placed; and if the services of a Consta- ^uTm^^th* 
 ble cannot be coTiveniently obtained, the Coroner may summon ■''"^' 
 the jury himself. 
 
 §4003. Any juror failing to attend and serve on sucli Coro- Defaulting 
 uer's inquest, after being duly summoned, may be lined by thei^o^*' 
 Ooroner in a sum not exceeding ten dollars, to be levied and col- 
 lected by execution issued by the Coroner, unless such default- 
 ing juror shall file in the Clerk's office of the Inferior Court a 
 good and sufficient excuse for the default, to be judged of by tlie 
 next Inferior Court held thereafter. 
 
 §4004. Every Coroner's jury shall be composed of twelve jjumbcr of 
 jurors, seven of whom shall be (competent to return a verdict. J"'"^'**- 
 
 §4005. The following oath shall be administered to the fore- oath of fore- 
 man of the jury by the Coroner, to wit : '' You, as foreman of theTiiry. 
 inquest, shall diligently inquire, and true presentment make, on 
 behalf of the State of Georgia,, how and in what manner C. D., 
 (or a person deceased, unknown, us the case may be,) now here 
 
774 PT. 3.— TIT. 28.— Inquests. 
 
 Chapter 1. — Inquests and proceedings tkereon. 
 
 lying dead, came to liis death, and of such other matters relating 
 to the same as shall be lawfully re(|uired of you Weording to evi- 
 dence," and the remainder of the jury in convenient numbers at 
 a time shall.be sworn by the Coroner as follows, to wit: ''the- 
 same oath which the foreman of this in(juest has taken on hi& 
 part, you and each of you shall observe and keep upon your part. 
 So help you God." 
 Charge of S 400f). The Corouer shall charge the iurors to declare of the 
 
 Coroner nnd '^ ir> J 
 
 j)owersoi death of the person upon whose body the in<]uest is held, whether 
 such person died by murder, manslaughter, misadventure, mis- 
 fortune, accident, or otherwise ; and who, and when, and by what 
 means, and in what manner ; and if by murder, who were prin- 
 cipals and whu were accessories ; and if by manslaughter, who 
 were the> perpetrators, and with wliat instrument the stroke or 
 wound was in either case given : and so of all the })revailing cir- 
 cumstances which may come by presumption. And if by misad- 
 venture, misfortune, accident, or otherwise, whether by the act 
 of God or man ; and whether by hurt, fall, stroke, drowning, or 
 in any other way ; also what person was present at the death ; 
 also from wdience the deceased came, and who he was, and who 
 are his parents, relations and neighbors ; also who w^ere the find- 
 ers of the hody ; also whether he died in the same place the body 
 was found or elsewhere; and if elsewhere, who moved the body; 
 and also of all the circumstances relating to said death ; and if 
 the deceased died in prison, the Coroner shall further charge the 
 jury to incpiire whether he died by hard usage there or not, and 
 if Bo by wlioju ; and if the deceased put an end to his life, to in- 
 quire of the manner, means used, or instrument employed, and 
 of the circumstances concerning it ; and the jury shall have full 
 and unrestricted powers to inquire and pass upon all the matters 
 and things thus given them in charge, and they shall have this 
 power even if the whole or a part of the charge be omitted. 
 ■\vitnosB— § 4007. The Coroner shall have full power to issue subpcenas- 
 moned and to, or Otherwise to compel the attendance of witnesses upon such 
 inquests, to declare their knowledge touching the matters of in- 
 quiry before the inquest, and the Coroner shall administer to such 
 witnesses the following oath to wit : '' The evidence that you 
 shall give this inquest on behalf of the State touching the death 
 of C. D., (or a person unknown, as the case may be,) shall be the 
 truth, the whole truth, and nothing but the truth. So help yon 
 God." 
 
PT. 3.— TIT. 23.— Inquests. 775 
 
 Chapter 1. — Inquests and proceediHgs thereon. 
 
 S4008. If the inquest discloses facts which leader may lead witnesses to 
 
 "^ ^ •'be recoimiz- 
 
 to the prosecution of any person for the homicide ut the person ^dto^appear 
 upon whose Ijody the incpiest is held it shall be the duty of the-'^'n'"- 
 Coroner to require all witnesses who testify to facts material to 
 the issues involved in such prosecution, to enter into a recogni- 
 zance to appear and give evidence in tlie Superior Court of the 
 county in wliich the inquest is taken, against the defendant in such 
 prosecution ; and shall also issue a warrant for the arrest of the 
 person suspected of the homicide returnable as other warrants. 
 
 § 4009. The Coroner shall commit to writing the substance of {"ij"^;*^*"^. 
 the testimony delivered before the inquest, and shall return all j.J^^^^,^^?';- 
 the papers and proceedings touching tlie incpiisition to the Supe- 
 rior Court of tlie county in which it is taken, held next after such 
 inquest. 
 
 §4010. If the verdict of the jury suggests that the death was 
 caused by poison, the Coroner shall have power to cause an ac- 
 curate examination of the contents of the stomach and intes- 
 tines, by skillful physicians, and the reasonable expenses of such 
 examination shall be paid out of the County Treasury. 
 
 TITLE XXIV. 
 
 PROCEEDINGS IN COURTS OF ORDINARY. 
 
 CHAPTER I. 
 
 PROCEEDINGS IN COURTS OF ORDINARY. 
 
 Article 1. Sessions and adjournments of the Court of Ordinary. 
 Article 2. Practice in the Court of Ordinary. 
 
 ARTICLE I. 
 
 SESSIONS AND ADJOURNMENTS OF THE COURT OF ORDINARY. 
 
 Section. .Section. 
 
 •lOU. When held. I 40L'5. May be adjourned. 
 
 4012. Office— where kept. i 
 
 §4011. The several Courts of Ordinary shall be held in each ^^^n bew. 
 county in this State, by the Ordinary thereof, on the tirst Mon- 
 day in each month except January, in which it shall be held on 
 the second Monday thereof. 
 
776 PT. 3.— TIT. 24.— CHAP. 1.— CotiETs of Ordinary. 
 
 Article 1. — Sessions and Adjournments of the Court of Ordinary. 
 
 "When open. 
 
 •oflace— § 4012. The said Ordinary shall keep his office at the county 
 
 site, or pucIi otlier place as may be authorized bv law ; which 
 office shall be open for the transaction of all business, at all times 
 except Sundays and holidays, but no will shall be admitted to 
 record, or letters testamentary of administration or fcuardianship, 
 or letters dismissory, nor shall any order for tlie sale of real es- 
 tate or negroes be granted, except at a regular term of said court. 
 
 May be ad- §4013. If. from any circumstance, the Ordinary should fail 
 
 jonraed. . t 
 
 to hold said court at the regular term, or at any adjourned term, 
 or the business of the court requires it, said Ordinary, or his dep- 
 uty clerk, may adjourn said court to such times as he may think 
 proper ; ProridrJ, such adjournment shall be entered on the 
 minutes of the court. 
 
 ARTICLE 11. 
 
 OF THK PIIACTICR IN THE COURT OF ORDINARY. 
 
 Sectiok. Sectiox. 
 
 4014. ApplioUions and proceedings. | 4018. Minutes of proceedings, 
 
 4015. The order — wliat it must cout.iin.l 4011). Docket of applications. 
 
 401G. Objections nnist be in writing. I 4020. Docket of executors and admVp. 
 4017. Proccedingis must be filed. ' 4021. May attach for contempt. 
 
 §4014. Every application made to the Ordinary for the grant- 
 
 Appiicaiions ing of any order, shall be by petition in writing, stating the 
 
 writing. grounds of sucli application, and the order sought. If notice of 
 
 such application, other than by publibhcd citation, is necessary 
 
 Notioo of under the law or in the judgment of the Ordinary, he shall cause 
 
 ^n^whom a copv of sucli ap])lication, together with a notice of the time of 
 
 made" hearing, to be served by the Slicriif, or bnuic lawful officer, upon 
 
 the party or parties to be liotiiied. at lea-t ten days before the 
 
 hearing, and an entry of such service made uji tlic original. In 
 
 extraordinary cases, where it is necessary to act before such notice 
 
 can be given, the Ordinary shall so direct the proceedings as to 
 
 make no iinal order until such notice has been given. 
 
 Order- § 4015. Thc Order of the Ordinary shall always recite the names 
 
 •ontaia " of thepcrsons so notified, and the compliance with the provisions 
 
 required. 
 Objections § 4010. All objcctious or caveats to an order sought shall also 
 iKriting. '" be in writing, setting forth the grounds of such caveat. The pe- 
 tition and caveat shall be amendable at all times and in every 
 particular. 
 
PT. 3. — TIT. 24. — CnAP. 1. — Courts of Ordinakt. 
 
 777 
 
 Article 2. — Of the Practice in tno C5oiirt of Ordinary. 
 
 § 4017. The proceedinp^s shall be always kept of file, and when- r^w^ lug. 
 ever the order is granted the proceedings shall be recorded in a«i<^- 
 ^ook to be kept for that purpose, for which the Ordinary shall re- 
 ceive the same fees as are allowed Clerks of the Superior Court 
 for similar services. 
 
 §401S. The Ordinary shall keep a regular book of miiiutee of^^^^^^^^^f 
 the proceedings of his court, on which he shall enter all the ap- p'^<'^«""^- 
 plications refused as well as those granted. 
 
 ^4019. He shall keep a docket of all applications and causes Dockft of 
 pending in his court, which shall be regularly continued trom 
 term to term until the final disposition thereof. 
 
 §4020. He shall also keep a docket of all the executors, ad-Boeket«r 
 niinistrators, guardians and trustees who are liable to make re- &o,'"'° 
 turns in his court, with regular entries of their returns, and of 
 •such as have failed to make returns as required by law and the 
 order of the court. 
 
 ^4021. The Ordinary shall have power to enforce obedience maj- attach 
 to all lawtul orders ot his court, by attachment tor contempt, in 
 tlie same manner as a court of equity may do. 
 
 TITLE XXV. 
 
 PROGKEDINGS OF THK INFRRIOR COURT STTTlNa FOR (BOUNTY PUR- 
 
 rOSKS. 
 
 CHAPTER I. 
 
 PROCKP^DINGS OF THE INFERIOR COURT SITTING FOR COUNTY PUR- 
 POSES. 
 
 Arholk 1. Sessions and adjournments. 
 Aktiole 2. Proceedings therein. 
 
 ARTICLE I. 
 
 SESSIONS AND ADJOURNMENTS. 
 
 'Section. 
 4022. When held, and by whom. 
 •4023. May adjourn. 
 -4024. May hold special meotingn. 
 
 Section. 
 
 4025. Sheriff shall attend. 
 
 4026. The Clerk and his duty. 
 
 4027. Jurisdiction of said Court. 
 
 § 4022. The Justices of the Inferior Court (or a majority of 
 
778 PT. 3.— TIT. 25.— CHAP. 1.— Inferior Courts. 
 
 Article 1. — Sessions and Adjoxirnments. 
 
 By whom, tiiem.) in tlie several counties in this State, shall meet at the 
 
 and when, , , •• . 
 
 and where coiirt-lioiise ot their respective counties on the first Tuesday in 
 every month, for tlie purpose of heariii*^ such matters as may be 
 brought before them within their jurisdiction, and when soassem- 
 led and organized, they shall he known as the Inferior Court sit- 
 ting for county purposes. 
 
 May adjourn g 4023. Such court may adjourn to sucli other time as will Ijest 
 promote the ends of justice. 
 
 Special moo- §4024. Auv ouc of Said Justices may call a si^ecial nieetinir of 
 
 ting. -J . ^ I f? 
 
 said court tor county purposes, at any time when the ends of 
 justice may require such meeting, and in sucli case the Justice 
 making the call shall notify the other Justices of the time of 
 such meeting. 
 Thesboriff §4025. The Sheriff of the county shall attend all meetings of 
 
 shall attend. . , , .... i i i • 
 
 said court, wlien sitting tor county ]>urposes, and no surtject to 
 
 the order thereof, in like manner as he is to the Inferior Court. 
 Theoi^k. §4026. The Clerk of the Inferior Court shall by virtue of hia 
 
 office be clerk of said court when sitting for ctiunty purposes* 
 
 and subject to the order thereof. 
 Jurisdiction. §4027. Said court may hear and determine all matters over 
 
 which the law gives the Justices jurisdiction, and which is not 
 
 required to be licard and determined by the Inferior Court u\ 
 
 term time. 
 
 ARTICLE II. 
 
 PROCEEDINGS THEREIN. 
 
 Section. Section. 
 
 4028. Application to said court. 4032. Jury fees when paid to Treasurer 
 
 4029. Docket must be kept. 4033. May punish contempts. 
 
 4030. Notice of proceedings. , 4034. Amendments. 
 
 4031. Minutes of proceedings. 
 
 Petitioner §4028. All applications for proceedings before the Inferior 
 
 application _ , . ,. i ii i "i .•^' • -j.' 
 
 muBtbcin Court Sitting lor county purposes shall be by petition in writing, 
 ^' °^' which shall plainly and distinctly set forth the grounds of the pro- 
 ceedings desired, and in like manner, all objections to said pro- 
 ceedings shall be in writing, which shall fully set forth the grounds 
 of objection. 
 
PT. 3.— TIT. 25.— CHAP. 1.— Infeeiok Courts. 779 
 
 Article 2. — Proceeding's therein. 
 
 § 4029. Said court shall cause a docket to be kept, in which Docket must 
 shall be entered all motions and applications, which shall be cal- 
 led and disposed of in the order in which they stand upon the 
 docket, unless the ends of justice require a different course. 
 
 § 4030. "When individuals are to be affected by any order, or xotice of 
 
 " Iiroceedings. 
 
 judgment of said court, such individuals shall have reasonable no- 
 tice of the time and place of hearing. 
 
 §4031. Said court shall cause to be kept a minute of its pro- ^linutcs or 
 
 f -^ -^ proceedings. 
 
 ceedings. 
 
 § 4032. For each decree or verdict, whether in the Superior or .lury fees— 
 
 li'tw collect.* 
 
 Inferior Court, the jury fee shall be three dollars, and for each con- ed and dis- 
 fession of judgment, one dollar, to be taxed in the bill of cost and 
 collected as provided in Part 3, Title 7, Chapter 1, Article 2 ; and 
 if the Justices of the Inferior Court, should assess and raise a tax for 
 the compensation of grand and petit jurors, and fix their per diem 
 pay, as provided in section 384G, then the said tax and jury fees, 
 when collected, shall be paid into the County Treasuries respect- 
 ively. But in the event the Justices of the Inferior Court of any 
 county should fail to assess a tax and fix the per diem pay of the 
 grand and petit jurors as above specified, then the jury fees in 
 such county shall be paid by plaintiffs, complainants, and appel- 
 lants, directly to the Clerk, and by him to the juries under the 
 direction of the court. 
 
 S 4033. The said court shall have power to punish for contempts, contempts 
 ^ ^ ^ it\p —now pun- 
 
 under the same rules and regulations as are provided for the Infe- is^ed. 
 
 rior Courts. 
 
 § 4034. Amendments shall l)e allowed as provided in other Amend- 
 ments, 
 courts. 
 
 Note — As to other powers aud duties of the Justices of tlio Inferior Court, see 
 Part 1, Title 5, Chapter 4, Article 1, and Part 1, Title 6, Chapters 1, 2, and 3. 
 
780 
 
 FT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 
 
 Article 1. — Justices' Courts — when and where held. 
 
 TITLE XXVI. 
 
 OF PROCEEDINGS IX JUSTICES' COURTS. 
 
 Akticlk 
 
 1. 
 
 Artici.i: 
 
 2. 
 
 Article 
 
 3. 
 
 Articlic 
 
 4. 
 
 Aeticlk 
 
 5. 
 
 Articlk 
 
 6. 
 
 Artici>e 
 
 7. 
 
 Artici.k 
 
 s. 
 
 Article 
 
 9. 
 
 Article 
 
 10. 
 
 Article 11. 
 
 CHAPTER I. 
 
 OF PROCEEDINGS IX JUSTICES' COURTS. 
 
 Justices' Court wlicn .ind where liuld. 
 
 Jurisdiction of Justices' Court. 
 
 Commencement of suits — service of summons. 
 
 Pleas and defences. 
 
 Evidence — witnesses — interrogatories. 
 
 Trial and judgment. 
 
 Appeals. 
 
 Claims and trial thereof. 
 
 Final judgment and e.\ecution. 
 
 Justices' Courts may rule Constables, <fec. 
 
 Levy and sale under Ji.fa-i*. from a Justices' Court. 
 
 ARTICLE L 
 
 .roSTICES* COURT— WHEN ^VND WIIKRK HELD. 
 
 Section. 
 4035. When hold. 
 
 [Section. 
 4036. Whore held. 
 
 4k>art — 
 TrhoQ bold. 
 
 ^cro bold. 
 
 § 4035. The Justices' Courts of this State shall be hold once a 
 month in each militia or company district, on a day to be fixed 
 and appointed by the Justices of the Peace of the district; and 
 whenever the business requires it, the term may continue for two 
 or more days. 
 
 §403G. The Justices' Court shall be held at a place in each 
 militia district as nearly central as convenience will admit. 
 
FT. 3.— TIT. 26.— CHAP. 1.— Jubtices' CoTre-re. 781 
 
 Article 2. — Jurisdiction of the Justices' Court 
 
 AETICLE II. 
 
 JURISDICTION OF THK JUSTICES' COURT. 
 
 8BCT10S. 
 
 4037. Shall not trj actions for damages. 
 
 4038. Notes for the same consideratiou. 
 
 4039. Jurisdiction as to amount. 
 
 Section. 
 
 4041 . Co-obligors in different districts, Ac 
 
 4042. Justice being a party — how sued. 
 
 4043. When suit is in adjoining district. 
 
 ■annot trv 
 
 4040. Ilesidence necessary for jurisdiction] 4044. Maker and endorser — how sued. 
 § 4037. Tlie Justices' Court shall try no actiou to recover dam-e, 
 
 A(rpa, cases for 
 
 §4038. The Justices' Court shall have jurisdictioiv of all euits gnus on 8e-»- 
 brought on two or more promissory notes or other evidences of Mm«d^bfc"' 
 debt not exceeding fifty dollars each, although given between the 
 same parties, for one and the same debt or consideration. 
 
 §4039. The Justices' Court shall have jurisdiction to hear andp„iu„ot 
 determine all suits on promissory notes, accounts, due bills, and doiiarTprm- 
 other evidences of debt, where the principal sum sued for does '^^^ 
 not exceed fifty dollars, 
 
 § 4040. Ten days residence of a party within a Militia District Ten day« 
 shall be sufiicient to give the Justices' Court of such district juris- piTe8*^jur»- 
 diction of suits against him. 
 
 .jg4041. AVlien a bond, note, bill, open account, or other evi- (Vot.iipo« 
 dence of debt shall be against several persons residing in differ- ?her uiBtri'.t 
 ent counties or districts, the pi aintifiT shall have his option to bring 
 suit on such demand in either of such counties or districts. 
 
 § 4042. In all cases in which a Justice of the Peace is a i^arty, ir j. p. u. » 
 the suit may be brought in the Justices' Court nearest to the res-^*"^" 
 idence of the defendant in the county, or in the district where 
 the defendant resides, at the option of the plaintiff. 
 
 § 4043. In cases provided for in section 4042, the Justice of the men aa- 
 Peace in the adjoining district may issue summons, and pro-tricthas^jt- 
 eeed against the defendant in the same manner as if the defen- ''*''''''^'"'' 
 dant were a resident of such adjoining district. 
 
 §4044. The maker and endorser of a promissory note or other g,,,^,,. 
 evidence of debt, not exceeding fifty dollars principal, may bern'ilTs""! 
 sued in the district of the maker's residence, and the endorser of maker''** 
 may be served with process in the same manner as that prescrib- 
 ed in the case of ioint contractors. 
 
782 
 
 PT. 3.— TIT. 26.— CHAP. 1.— Justices' Coukts. 
 
 Article 3. — Commencement of Suits, Service, &c. 
 
 ARTICLE III. 
 
 COMMEXCEMENT OF SUITS, SERVICE, &c. 
 
 Section. ISectiox. 
 
 4045. Sinimious — how issued and direct'd, 4051. Proceedings uniform. 
 
 404G. Must specify time and place. 4052. Appearance term of cases. 
 
 4047. Must be served nine days before c't. I 405;'. Bail in Ju.stices' Courts. 
 
 4048. "Who may serve ilic summons. ■ 4054. Parties may .settle cases. 
 
 4049. Wliat oflifcr may servo co-obligors.. 4055. Justices and Constables give receipt 
 
 4050. How summon'^ is to be returned. 
 
 SuminoiiB — 
 how issued 
 and Bi?n«d. 
 
 Tlino and 
 itlace inuM 
 be 6i)i'cilU'(i. 
 
 Summons- 
 how and 
 whero sort- 
 ed. 
 
 Who mn.T 
 ^orvp the 
 Mufunoiis. 
 
 In CISC of 
 t'o-olili«rorj 
 
 ^ummon^ 
 must be 
 filed and 
 kept. 
 
 § 4045. All suits in the Justices' Courts of this State shall be 
 comuiciiced by warrant or summons, which shall be issued and 
 signed by the Justice of the Peace of the district in which the 
 suit is brought, and shall be directed to the defendant, command- 
 ing him to appear at the court to which the summons is return- 
 able, to answer the plaintiff's demand, which summons shall bear 
 date ten days before the return term of the court. 
 
 g 4040. The time and place of holding the court must be spe- 
 cified in the summons. 
 
 § 4047. The summons or warrant shall be served u})un the de- 
 fendant either by giving him a copy of the same in person, or by 
 leaving such copy at his usual and most notorious place of abode, 
 at least nine days before the sitting of the court to which tlie 
 summons is returnable. 
 
 §4048. The summons may Ijc served by the Constable of the 
 district in which the suit is commenced, or if there be no sucli 
 CiJonstable, or he be a party to or interested in the case, such sum- 
 mons may be served by any Constable of the county. 
 
 § 4049. In cases where suit is brought against joint obligors or 
 joint promissors, or other joint debtor."^, and in cases where the 
 Justice of the Peace is a party, and in cases where there is no 
 Justice in the district of the defendant's residence — in all these 
 and like cases, the Constable of the district in which suit is brought 
 may serve all processes, on all the parties, and do all other legal 
 acts required of him in the progress of such suit, in any district 
 of the county. 
 
 § 4050. The officer serving the summons shall return the orig- 
 inal, with his entry of service thereon, to the Justice of the Peace 
 before whose court the suit is pending, and the Justice shall file 
 and preserve the said original summons with the other papers ap- 
 pertaining to his office. 
 
PT. 3.— TIT. 26.— GHAP. l.-Ji viices' Coukts. 
 
 Article 3. — Commencement of Suits, Service, &c. 
 
 § 4()r>l. The proceedings of the Justices' Courts shall be uni- Proceedin-* 
 Ibrin throughout the State, unless otherwise provided for, and ^"rm. ""'" 
 each Justice of the Peace shall keep a fair and Ico-ible book of 
 qntry of all civil proceedings had before him for the recoverv of 
 debts. 
 
 §4052. The term of the court to which tlie summons is made Appearance 
 returnable shall be deemed and considered the appearance term ^''""" 
 when the case shall be docketed on what shall be called the ap- 
 l)earance docket, unless the demand sued on be for rent in which 
 case it shall stand regularly for trial at the first, or ajjpearance 
 term. 
 
 §4053. The Justices' Court shall iiave power and authority to umi fn-'n*- 
 hold to bail for all debts within their jurisdiction, and to enforce^'''"* ^"""' 
 the liability of bail under the same rules and regulations as 
 those which prevail on that subject in the Superior Courts ; and 
 when a bail process is placed in the hands of a Constable against 
 one who is moving about from one district to another, such Con- 
 stable may follow such itinerant defendant and serve the process 
 in any district in the county. 
 
 § 4054. Any case in the Justices' Court may be settled at any Parties may 
 time by the parties, upon payment of the costs which have ac- ''"'" '''"■ 
 crued up to the time of such settlement. 
 
 ^ § 4055. Whenever any claim is given to a Justice of the Peace or j„,tices and 
 Constable for collection, such Justice or Constable shall o-ive a re- ^""'**!''^^ 
 ceipt theretor, and when the money is collected such Justice or e^aTmi* '*"" 
 Constable shall pay the same to the plaintiff, his agent or attorney, 
 unless there be conflicting claims for the money, in which case 
 the question shall be decided at the first court,' unless a contin- 
 uance be had according to law. 
 
 AKTICLE IV. 
 
 PLEAS AND DEFENCES 
 
 Section. 
 4056. Defences same as in Superior Co'ts 
 
 Sectiox. 
 4057. Xon est factum and dilatorj- pleas. 
 
 §4056. At the appearance term the defendant may plead any what dofen- 
 raatter of defence to a suit in the Justices' Court, which would L^? u7 '^ 
 be allowable to suits in the Superior and Inferior Courts. 
 
 §4057. All dilatory pleas must be filed at the first term of the 
 court, unless the failure to do so is shown to be the result of un- 
 
784 PT. 3. — TIT. 26. — CHAP. 1.— Jus-ncEs' Courts. 
 
 Article 4. — Pleas and Defences. 
 
 What pieM avoidable cause ; and all dilatory pleas, and pleas of non est fao- 
 I^d^r^<!^th. tum^ must be verified by the attidavit of the defendant at the 
 
 time of filing the same 
 
 ARTICLE V 
 
 KVIDENCK. 
 
 ►Sl'-CTION. 
 
 4058. Beet evidence nuiHt be produced. 
 
 Section. 
 40G2. Tf plaintifT fails t*") answer. 
 
 B««teTt 
 
 4059. Party may prove account — when, j 40G3. The party subject to crosa-ex'i't'u. 
 40G0. Account aj^ainst removint^ party. | 40C4. Witnesses compelled to attoudanc*. 
 4061. Defendant pleading' usury. j 40G5. Testimony takea by commission. 
 
 §4058. In all cases in the Justices' Court of this State, the 
 JSiT/°" best evidence the nature «>f the case will admit of shall be re- 
 quired, 
 whena p.-ir- § 405iK Either party in a case in the .lustices' Court may prove 
 uS.unrhift account, (not exceeding fifty dc»llars,) by his own oath ; Pro- 
 by^huown ^-^^j^ jj^ ^^,jU ^^j.,|. jjjj^|.g ^,^^\^ j„ ^vriting that he has no other ev- 
 idence in hid power to procure, whereby to estabh'sh such atv 
 count ; but the party, after making such affidavit, may neverthe- 
 less be sworn and examined like any other witness. 
 Accounts ^40(i(». AVhcro suit is brought uj)on an open aceoimt, agaiqft 
 S.?/or a party who has rciuoved from the county in which the debt was 
 fany7ilarV*ontra<'ted, or who resides out of the county in which the 
 hi'S.*^^^ debt was contracted, such account nnist be proved by the writ- 
 ten alfidavit of the plaintift'; and when so proved shall be re- 
 ceived in evidence as if it v/as ]>roved in open court. Neverthe- 
 less, if the defendant will file his written affidavit denying the 
 justice and fairness of the wliole or any part of such account, the 
 court shall Tiot give judgment \x\ favor of the ]ilaintifi* for that 
 part of the account so denied and controverted, unless supported 
 by other proof. 
 Howdefcn- ^4061. Whcu a plca of usurv is filed iu the Justices' Court, 
 lux usury tlic defendant mav i^ive the plaintiti ten davs notice ot the plea 
 
 mav t>bt;iin ' ~ ^ i * i . • in 
 
 ai*ioT«ry. accompanied with a copy of the same, and this notice shall enti- 
 tle the defendant to the written affidavit of the plaintiif, as to 
 whether or not the facts of the plea are true as to the usury, 
 and whether or not the contract sued on was usurious, and such 
 affidavit may be read on the trial as evidence by either party. 
 K \\% % 4062. If the phvintiff, after being notified of the plea, fails 
 
 u aiuvr.r. ^o make the affidavit provided tor in the preceding section, the 
 
FT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 785 
 
 Article 5. — Evidence. 
 
 defendant shall be permitted to verify the facts of his plea by a 
 WTitten affidavit, which affidavit may be read in evidence on the 
 trial by either party. 
 
 §4003. Either party making an affidavit under the provisions Party eub- 
 of the two preceding sections shall, nevertheless, be sworn and i'x'lminMi'on 
 examined by the adverse party as any other witness ; and in ev- 
 ery case where one party offers himself as a witness, the other 
 party shall have the privilege of being heard also on his own mo- 
 tion. 
 
 § 40G4. Either one of the Justices of the Peace of the district witness 
 in which a suit is pending, may issue a subpoena, directed to any "anaed.*"^ 
 witness whose testimony mUy be desired by either party in any 
 case, which subpcena shall be served on the witness three days 
 before the day of trial. 
 
 §4065. Testimony may be taken, and brought into court by Testimony 
 interrogatories and commission, in any case pending in the Jus- SkL^'by in- 
 tices' Court, under the same rules and regulations which prevail ries."^***** 
 on that subject in the Superior Court, except that the interroga- 
 tories shall be filed with the Justice of the Peace instead of the 
 Clerk, and the notice required shall be five days instead of ten, 
 after the expiration of which the Justice shall issue a commission, 
 which shall be executed as provided for in the Superior and In- 
 ferior Courts. 
 
 ARTICLE VI. 
 
 TRIAL AND JUDGMENT. 
 
 Section. [Section. 
 
 4066. The second term shall be trial term. 4068. Justices to give judgment. 
 
 4067. Cases may be continued three termsl 
 
 § 4066. The second term shall be deemed and considered the Trial term. 
 trial term of all suits for the recovery of debts, (except for rent) 
 at which term the case shall be tried, unless the same be contin- 
 ued according to law. 
 
 § 4067. Cases in the Justices' Courts may be continued three continu- 
 times, under the same rules which govern continuances in the '^^tei'**''' 
 Superior Courts. 
 
 § 4068. When cases are tried, the Justices of the Peace shall jusuc* to 
 render judgment therein according to the law and the facts ofS^"''^ 
 each case, and such judgment shall be enforced by execution, un- 
 less prevented by appeal or other lawful means. 
 50 
 
786 PT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 
 
 Article 7. — Appeals. 
 
 ARTICLE VII. 
 
 APPEALS. 
 
 Section. I Section. 
 
 4069. Appeals — when and liow entered. } 4070. Appeals — how tried— juries. 
 
 ^ppeais- g 4069. Either party, being dissatisfied with the judgment of 
 when enter- f]jg Justice of the Peace may, as matter of right, enter an appeal 
 from' such judgment, within three days (exclusive of Sundays) 
 after the adjournment of the court, under tlie same rules, regula- 
 tions, restrictions and liabilities (except as to damages for a frivo- 
 lous appeal) whicli prevail on the subject of appeals in the Supe- 
 rior Courts. 
 Appeals— 8 4070. All aupcals in the Justices' Courts shall be tried before 
 
 how tried. " '^^ 
 
 one or both of tlie Justices of the Peace presiding therein, by 
 live jurors drawn, empannelled and sworn as follows, to wit : 
 Jurors— The Justices of the Peace in eacli district shall, once in every 
 and sworn, two ycars, make out or procure a list of all persons liable to serve as 
 jururs in the Superior Court, who may reside in their respective 
 districts, and shall write the names of every person so liable on 
 a se])arate piece of paper, or ticket, which ticket shall be depos- 
 ited in a box in an apartment nuirked No. 1, and the said Jus- 
 tices, or one of them, in public, on a court day, in the presence of, 
 and in conjunction with two freeholders, shall draw from said box 
 not less than live nor more than seven of the names so deposited, 
 from time to time, to try the causes dej^ending on the appeal in 
 said court ; which names, when so drawn, shall be entered in a 
 book by the Justice who presides at such drawing, and the tick- 
 ets so drawn shall be deposited in another apartment of the box 
 marked Ko. 2. After all the names shall be drawn from apart- 
 ment Xo. 1, the drawing of nanies shall commence from apart- 
 ment No. 2, and so on alternately. The jurors drawn as afore- 
 said shall be summoned by the Constable of the district live days 
 before the court at which they are called upon to serve. If there 
 be a deticiency of jurors, the Constable, by direction of the pre- 
 siding Justice, shall complete the jury by talesmen from the by- 
 standers ; Provided, at least three of the persons drawn as afore- 
 said shall be present. The following oath shall be administered 
 to the jury, to wit : " You shall well and truly try the causes de- 
 pending between the parties at variance, and true verdicts give, 
 according to equity and the opinion you entertain of the evidence 
 
PT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 787 
 
 Article 7. — Appeals. 
 
 produced to you, to the best of jour skill and knowledge, without 
 favor or "aifection to either of the parties ; Provided, the case or 
 cases submitted shall not be withdrawn from your consideration. 
 80 help you God." 
 
 ARTICLE YIII. 
 
 CLAIMS IX THE JUSTICES" COURT. 
 
 bEcnoN. I Section. 
 
 4071. Claim, affidavit and bond. 4073. Continuance of claim cases. 
 
 4072. Claim — where and when tried. ' 
 
 §4071. When an execution issued from a Justices' Court shall ciaims- 
 be levied on property claimed by any person not a party to the posed, 
 execution, the claimant, his agent or attorney, shall make oath 
 that the property levied on is the right and property of the claim- 
 ant, and shall also give bond and security in double the amount 
 of the execution, which bond the levying officer is empowered to 
 take, payable to the plaintiff or assignee of the execution, as the 
 case may be, with condition to pay all costs and damages which 
 the said plaintiff or assignee may sustain, in case it shall appear 
 that such claim was frivolous, and intended for delay only ; which 
 bond, on breach of the condition thereof, shall be recoverable in 
 any court having cognizance of the same. 
 
 § 4072. When the claim affidavit is made, and the bond jjiven, ^, . 
 
 *- _ _ ' t> ' Claims — 
 
 as directed in the preceding section, the Constable shall postpone ^^^^^^2'^^^"® 
 the sale of the property, and return the papers to the next Jus- *^^<'- 
 tices' Court from which the fi. fa. issued, (unless the property 
 levied on be land or negroes) and it shall be the duty of said court 
 to direct an issue to be made up, and to cause the right of prop- 
 erty to be tried at the first term by five jurors empannelled and 
 sworn as in cases of apjieal. 
 
 §4073. Upon good cause, shown on oath, a claim case may be continuance 
 continued for one term by each party, and no longer. 
 
788 PT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 
 
 Article 9. — Final Judgment and Execution. 
 
 ARTICLE IX. 
 
 FINAL JUDGMENT AND EXECUTION. 
 
 Section. Section'. 
 
 4074. Dignit}' and lien of judgments. i 4077. Stay of execution. 
 
 4075. Judgment against securities as such j 4078. If defendjint be insolvent. 
 
 4076. Judgment in cases of set-ofl". I 
 
 Dignity and § 4074. All judgments that may be obtained in, and excutions 
 incnts.^"^^ issued from the Justices' Courts, shall bear equal dignity with 
 judgments obtained in, and executions issued from the Superior 
 and Inferior Courts, and shall bind all the property of the defen- 
 dant and his securities, if any, (except such as is exempt by law) 
 from the date of such judgment, until the same is fully satisfied. 
 , , § 4075. Where suit is brought a«]rainst ioint oblifjors and ioint 
 
 Judgment " & r J f-< J 
 
 .andexccn- promissors, and any one or more of them shall make it satis- 
 
 tion to po I ' "J 
 
 Cities M fitctorily appear to the court that he signed the contract sued on, 
 
 *"*'*'• as security only, and was not interested in the consideration 
 
 thereof, the court shall enter up judgment and award execution 
 
 against such party as security ; and when the execution shall be 
 
 satisfied by sucli security out of his own money or property, he 
 
 shall have the right to control such judgment and execution, for 
 
 the purpose of remunerating himself out of the property of the 
 
 principal in the same manner that securities on stay 'of execution 
 
 may do; Provided^ the judgment and execution shall also be 
 
 against such principal. 
 
 Tud <>nt § 4076. When the defendant pleads and establishes a set-off 
 
 fordefen- nfreatcr than the demand of the plaintiff, the court shall render 
 
 Oftnt in CAMS r> i ' 
 
 ot »et-off. judgment in favor of the defendant against the plaintifl", for the 
 excess or balance over and above the demands of the plaintiff, 
 unless such balance exceeds the sum of fifty dollars principal, 
 in which event the set-off of the defendant shall be, by the judg- 
 ment of the court, credited with the amount of the demand es- 
 tablished and proven by the plaintiff, and the plaintiff in such 
 case shall pay the costs. 
 
 1^ 4077. When final iudfirnient is rendered in the Justices' 
 
 How pxctn- " JO 
 
 BuTeT^^'^' Court, either without an appeal or after a trial on the appeal, the 
 party against whom the judgment is rendered, at any time with- 
 in four days after the adjournment of the court, shall liave the 
 right, by paying all the costs which have accrued, and giving 
 good and sufiicient security for the principal and interest in- 
 volved in the case, to stay the execution for sixty days if the 
 
PT. 3.— TIT. 26.— CHAP. 1.— Justices' Cottkts. 789 
 
 Article 9. — Final Judgment and Execution. 
 
 judgment is for more than thirty dollars principal ; and if the 
 judgment be for thirty dollars principal, or under that sum, the 
 execution shall be stayed for forty days, and when the time for 
 which the execution is so stayed has expired, execution shall is- 
 sue against the party and his security on stay for the amount of 
 the judgment. In case any person, after being summoned on 
 any complaint for debt in a Justices' Court shall, before the sit- 
 ting of such court, remove out of the district, such court may, 
 nevertheless, give judgment against him ; and if any person 
 shall, after judgment of such court, remove out of the district or 
 county, or holds property in a different district or county, before 
 satisfaction is made, such Justice may, in either case, issue exe- 
 cution against such person ; which execution being backed by any 
 Justice of the county where such person resides, or where his pro- 
 perty may be found, may be levied by any Constable of said county, 
 and the after proceedings shall be the same as provided in other 
 cases of levy and sale, by virtue of executions from Justices' Court. 
 
 § 4078. When an execution issued from a Justices' Court shall when plain- 
 be returned by the proper officer, witli an entry thereon that for cost»* 
 there is no property of the defendant out of which satisfaction of 
 the execution can be made, the plaintiff in execution shall be 
 bound and liable for the costs due thereon ; and if the plaintiff, 
 upon being notified of the return and the costs being demanded 
 of him, shall fail or refuse to pay such cost, execution therefor 
 may issue against such plaintiff". 
 
 AETICLE X. 
 
 JUSTICES' COURTS MAY RULE THEIR CONSTABLES, PUNISH DEFAULT- 
 ING JURORS AND WITNESSES, AND PUNISH CONTEMPTS. 
 
 Section". 1 Seotion. 
 
 4079. Liability of Constable for misci'd't. 
 
 4080. Con.stable mar be ruled. 
 
 4081. Witnesses failing to attend. 
 
 4082. Jurors mav be fined for default. 
 
 k 
 
 § 4079. If any Constable shall fail to execute and return any Liability or 
 process placed in his hands, or sliall fail to account with and pay for miscon. 
 
 ^ ■"■ ^ ' X >J duct how 
 
 over to the person entitled thereto any money which he has re- enforced. 
 ceived on any note, execution, or other paper placed in his hands 
 as such Constable, within ten days after the money is received, 
 the person injured by such failure may apply to the Justice of the 
 Peace of the district in which the defaulting Constable is acting 
 as such, or in which he did act as such if he has gone out of of- 
 
790 PT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 
 
 Article 10. — Justices' Courts may rule Constables, &c. 
 
 fice, (and if there be no Justice in such district the party injured 
 may apply to the Justice of any adjacent district,) and obtain a 
 warrant against such Constable ; and upon satistactory proofs of 
 the facts tlie Justice to whom the ap])lication is made may, either 
 in term time or vacation, award judgment and execution against 
 the Constable for the full amount of the money collected and 
 wichheld, or which might have been collected, and the Justice 
 may also line the Constable for su(;h default in a sum not exceed- 
 ing ten per cent, on the amount of said money so collected, or 
 which might have been collected. 
 CoDBtabics §4080. Constables may be ruled by their respective Justices" 
 rated." Courts and compelled to give an account of their actings and do- 
 ings, or to pay over money received or collected by them in their 
 official capacity, under the same rules and regulations as are pur- 
 sued in the Superior Court in relation to otHccrs of said Superior 
 Court. 
 ^.^ S-tOSl. Any witness failing to attend the Justices' Court, af- 
 
 Witncsses . . 
 
 w^ ^ b^o^^^' ^<^^"g •^^^ly served with a subpo-na, shall be subject to a iine 
 fined. not exceeding ten dollars, which may be collected by execution^ 
 unless good excuse be shown for such failure at or before the next 
 court day after the default ; and such witness shall also be liable 
 to a suit for damages at the instance of the party injured by his 
 default, in any court having cognizance of the same. 
 Defaulting § -1:082. Any juror drawn and summoned, who shall neglect to 
 i^ftncd""^ appear and serve as such, shall be lined by the Justice of the 
 Peace in a sum not exceeding three dollars, unless such juror shall 
 show sufficient excuse for his default at the next court thereaf- 
 ter, Mdiich tine may be collected by execution, or imprisonment 
 until it is paid, unless discharged by law. 
 
 ARTICLE XI. 
 
 LEVY AND SALE UNDER FI. FA. FROM JUSTICES' COURT. 
 
 Skction. ; Section. 
 
 •1083. Levy and advertisement. j 4085. Bank and other stock. 
 
 4084. Land and negroes — when subject! 4086. Compensation of Constables. 
 
 TimeMd §4083. All Coustables shall advertise all intended sales, to be 
 place of »ai«. jj^j^^jg \^y them Under execution, at three or more of the most pub- 
 lic places in their respective districts, (unless Otherwise provided) 
 at least fifteen days before any sale shall be made, and shall give 
 
FT. 3.— TIT. 26.— CHAP. 1.— Justices' Courts. 791 
 
 Article 11. — Levy and Sale under Fi. Fa. from Justices' Court. 
 
 a full and clear description of the property to be sold, and all ^^e^^?Jd de- 
 Constables' sales shall be at the place of holding Justices' Courts property. 
 in the several company districts, and on a court day, and that 
 between the hours of ten o'clock, A. M., and four o'clock, P. M. 
 
 § 4084. Xo Constable shall levy on anv land or negroes unless Land ana 
 
 ."^Trtj.,,, nesrroes may 
 
 there is no other personal property to be lound suihcient to sat- be levied on 
 isfy the debt, which fact must appear by an entry on the exe- 
 cution, to be levied by a Constable of the county where such ex- 
 ecution was issued, or where the property to be levied upon may 
 be found; Provided^ that the defendant shall have the right 
 in all cases to point out any portion of his property in his pos- 
 session he may think proper, and should he point out land and 
 negroes to be levied upon, the above entry of no other personal 
 property may be omitted. 
 
 S4085. When anv Constable shall have an}'- execution placed Bank and 
 
 *:, ." i^i i» 1 other stock 
 
 m his hands against any person who is the owner oi any shares— how levied 
 or stock in any bank, or other corporation or joint stock company 
 in this State, he shall, on the application of the plaintiff, his agent 
 or attorney, endorse a levy on said execution of the number of 
 shares belonging to the defendant, and make a return of the same 
 to the Sheriff of the county in which he lives, which said Sheriff" 
 shall proceed to advertise and sell the same, as required by law. 
 When the Constable levies an execution in which the Sheriff' is 
 a party, or in which he is interested, lie may proceed to sell the 
 property, as a Sheriff' is authorized to do. 
 
 §4086. A reasonable compensation shall be allowed to Con-compe 
 stables for carrying property levied nj^on to the place of sale, stabies 
 when there appears to be an absolute necessity for doing so, to 
 be judged of by the Justices of the district. 
 
 Note. — For other powers and duties of Justices of the Peace and Constables, see 
 Part 1, Title 5. Chapter 8. Articles 1 and 2. As to levies on land or negroes, see sec- 
 tion 3571. Wlien tlie Sherifi' is a partj', see section 3551. 
 
 nsa 
 tion of Con- 
 
792 PT. 3. — TIT. 27, — Equity Pleading and Practice. 
 
 Chapter 1. — Of the Bill and Subpcena. 
 
 TITLE XXVII. 
 
 EQUITY PLEADING AND PRACTICE. 
 
 Chapter 1. Of the bill and subpoena and service thereof. 
 
 Chapter 2. Of demurrers, pleas and answers. 
 
 Chapter 3. Of interlocutory decrees, receivers, masters, &c. 
 
 Chapter 4. Of the trial and its incidents. 
 
 Chapter 5. Of the decree and its enforcement. 
 
 Chapter fi. Of other proceedings in chancery. 
 
 CHAPTER I. 
 
 OF THE BILL AND SUBP(ENA AND SERVICE THEREOF. 
 
 Section. Section. 
 
 4087. Proceedings by bill. 4094. Discovery <k perpetuating testimony 
 
 4088. Discovery— interrogatories. 4095. Venue. 
 
 4089. Amendments. 4096. Manner and time of tiling. 
 
 4090. Who may sue. I 4097. Subpoena and service thereof. 
 
 4091. Persons laboring under disability. 4098. Sanction of the Judge — when. 
 
 4092. Parties defendant. i 4099. Duty of the Clerk. 
 
 4093. Bills — different kinds of. | 4100. Dismissal of bill. 
 
 Proceedings §4087. The Ordinary proceeding in chancery shall be by bill, 
 
 bybiH, which shall be addressed to the Superior Court, or the Judge 
 presiding therein, and shall plainly set forth the ground of com- 
 plaint, and the persons against whom a subpania is j)rayed. 
 
 Discovery— § 4:088. If discovcry is sought of one or more of the defendants 
 
 toriCT^ it shall be specially prayed, and interogatories regularly number- 
 ed, shall be embodied in the bill, as to every point on which dis- 
 
 ^ covery is sought, and the names of the defendants from wliom 
 
 answers under oath or affirmation are recjuired. 
 
 Formality & §4089. Xo mcrc formality or omission of a formality shall vi- 
 tiate or delay a proceeding in equity, but the same liberality as 
 to amendment shall be alloAved therein as in a proceeding at law. 
 
 wiio may § 4:090. Ally persou who cannot sue at law, may complain in 
 equity, and every person who is remediless elsewhere, may claim 
 the protection and assistance of a court of equity to enforce any 
 right recognized by the law. 
 
 Persons un- § 4091. Pcrsous iiot sui ju/'i's mav appear, either by guardian 
 
 derdisabili- . j, ■ ^ ,. t,-. "^ . \i i t 
 
 ty. or next inend, or guardian ad litem appointed by the court, in 
 
 the latter two cases the court may require such bond as shall pro- 
 tect the interest of the person under disability. 
 
PT. 3.— TIT. 27.— Equity Pleading and Practice. 793 
 
 Chapter 1. — Of the Bill and Subpoena. 
 
 § 4092. Generally, all persons interested in the litigation should Par^es^de- 
 be parties to a bill, but legatees, distributees and wards suing 
 executors, administrators, and guardians need not join others in- ^^.^^^^^^^ 
 terestedin such estate as parties, complainant or defendant, unless A^^^samg 
 some special adverse claim is set up as against such co-distribu- 
 tees or legatees. 
 
 § 4093. A bill is either original or in the nature of original. ^Ii^****" *'^ 
 Every bill is original which commences a proceeding for relief or 
 discovery, or both. Bills for the review, or avoidance, or injunc- 
 tion, or execution of a former decree are in the nature of original 
 bills. A cross bill need not be filed in this State. The defend- ^'^*''* **'"• 
 ant in every cii>c may set up any matter in his answer, which un- 
 der the English practice should be the subject of a cross bill, and 
 may require therein any discovery from the complaint he may 
 desire. No supplemental bill need be filed in this State. All suppiemon- 
 
 tal bill. 
 
 such matter shall be allowed by way of amendmeiit. If new par- ^ 
 
 ties are necessary, by reason of any matter thus set up in the an- 
 swer or by way of amendment, the court shall give such direc- 
 tion to the cause, to secure a hearing to such parties, as if a cross 
 1)111 or supplemental bill had been filed. Bills of revivor areTiror. 
 abolished. 
 
 §4094. A bill for discovery merely, or to perpetuate testimo- Discorery & 
 ny, shall not be sustained unless some reason is shown why thetesumony. 
 proceeding at law is inadequate. 
 
 § 4095. All bills shall be filed in the county of the residence of r««w«. 
 one of the defendants, against whom a substantial relief is prayed, 
 except in cases of injunctions to stay pending proceedings, when 
 the bill may be filed in the county where the proceedings are pen- 
 ding, provided no relief is prayed as to matters not included in 
 such litigation. 
 
 §4096. Xo bill shall require the sanction of the Judge before Mode &umo 
 its filing unless it prays some extraordinary remedy. Each bill " "*"" 
 shall be tiled in the Clerk's ofiice, at least thirty days before the 
 term to which it is returnable, and shall be served on the defend- 
 ant at least twenty-five days before such term. 
 
 §4097. It shall be the duty of the Clerk to annex to each bill asubpcoaa. 
 subpoena directed to the defendant, and requiring his appearance 
 at the term of the court to which the bill is returnable ; and also, 
 to make out and hand to the Sherift', or his Deputy, a copy of the 
 bill and subpcena to be served on the defendant in like manner 
 
 .... ^ 1 o • 1 /. 1 . ,. . Service by 
 
 as petitions at common laAv. bervice on deiendants residing msiieriflf. 
 
794 FT. 3.— TIT. 27.— Eqiity Pleading and Practice. 
 
 Chapter 1. — Of the Bill and Subpoena. 
 
 another county, may be made by the Sheriff of such county, or 
 In another any pcrsou, Avho after examination of the original and copy, will 
 coun J. ^^^ ^^^ affidavit (subject to be traversed) as to the fact of service. 
 If tlie defendant does not reside in the State, service of the bill 
 dents. ^ "^ or any order of court may be made by publication in any public 
 gazette of this State (under the direction of the court) once a 
 Anattorncy. month for four montlis. If the non-resident defendant is repre- 
 Estraordin- seutcd ill court by an attorney at ^-iw or in fact, service on such 
 flcrvicc. j^^|;Q,.,^(3y g]iall be sufficient. And in all ca^es not embraced with- 
 in tlie foregoing provisions, ..ne Judge may prescribe for extraor- 
 dinary service, according to the exigency of each case. 
 s.inction of § 409S. If an extraordinary process or remedy is prayed, the 
 tra wits. '^sanction of tlie Judge of court, or of some Judge of the Superior 
 Courts of this State, must be first obtained before such process is 
 issued or such r<jmedy granted. Tlie application may be ex parte, 
 when and granted without a hearing, in cases of manifest necessity. In 
 
 all other cases the Judge should be careful to allow a hearing be- 
 fore passing the order. In all cases, on ten days' previous notice 
 setasideat j^nd fhc fiUnc: of defendant's answer, a motion mav be made at 
 
 chambers. ^ ' . " , . 
 
 chambers to set aside or dissolve the order granting the sanction 
 
 of the court. 
 Duty of §4099. When sucii extraordinary process is granted, the Clerk 
 
 ^'*'^^' shall annex the same, together with the ordinary subpccna, to the 
 Service. original bill, and also a copy thereof to the copy bill. Such bills 
 
 and processes can be served only by a Sheriff, or his Deputy, or a 
 
 Coroner, and must be personal. 
 Dismiswi of §4100. A complainant may dismiss his bill at any time, either 
 
 in term or vacation, so that he does not thereby prejudice any 
 
 right of the defendant. If equitable claims by way of set-off or 
 right" "" * otherwise liave been set up by the answer, the dismissal of the 
 
 bill shall not interfere with the defendant's right to a hearing and 
 
 trial on such claims in that proceeding. 
 
PT. 3.— TIT. 27.— Equity Pleading and Practice. 795 
 
 Chapter 2. — Of Demurrers, Pleas and Answers. 
 
 CHAPTER II. 
 
 OF DEMURRERS, PLEAS AND ANSWERS. 
 
 Section. j Section. 
 
 4101. Mode of defence, &c. I 4106. Amendments — effect of, &c. 
 
 4102. Demurrer — grounds of. 4107. How defendant must answer. 
 
 4103. Pleas — different kinds of. | 4108. Verification of non-residents. 
 
 4104. Answer and exceptions thereto. | 4109. No replication or order for trial. 
 
 4105. Verification — when necessary. 4110. Notice of filing, &c. 
 
 §4101. A defendant may eitlier demur, plead or answer to a Modes of de- 
 cause in equity, or may file two or all of these defences at once, 
 without waiving the benefit of either, or may file two or more 
 pleas to the same action in like manner as at law. In all cases, order of dis- 
 
 S- ^ ^ ' position. 
 
 demurrer, pleas and answer shall be disposed of in the order 
 named; and all demurrers and pleas shall be filed and deter- Jlpe of 
 
 ' -r^ ^ filing. 
 
 mined at the first term, unless continued by the court or by con- 
 sent of parties. 
 
 § 4102. A demurrer denies the riglit to the discovery or relief, demurrer, 
 in whole or in part, admitting the allegations of the bill to be 
 true, and is founded either upon a want of jurisdiction in the Grounds of. 
 court, or of equitable right in the complainant, or upon a non- 
 joinder or mis-joinder of parties, or causes of action, or the ab- 
 sence of liability by the defendant to the complainant. 
 
 § 4103. A pure plea sets up some additional fact or facts. Pure piea. 
 which, taken with the facts stated in the bill, show that the com- 
 plainant is not entitled to relief. An impure or anomalous plea impure plea. 
 is filed when the complainant, anticipating the defendant's plea, 
 alleges facts to impeach or annul its efl'ect. In such case the 
 plea must negative the impeaching allegations, and must be ac- 
 companied by an answer discovering all the facts within defen- 
 dant's power as to such allegations. A pure plea need not be verification. 
 verified. The answer accompanying an anomalous plea must be 
 under oath or aflirmation. 
 
 §4104. The answer of defendant, (unless further time be Answer, 
 given,) shall be filed within thirty days after the first term of the 
 court. If the answer is not full, (where discovery is sought,) ex- j.^^^^ ^j^^^j 
 ceptions may be filed at once, and on ten days' notice shall be ar- 
 gued and decided at chambers. If sustained, the Judge shall 
 require additional answer on such terms as he may direct. Ex- 
 ceptions must be filed before the hour for jury business, on the 
 second day of the second term. 
 
796 PT. 3.— TIT. 27.— Equity Tleading and Pkactice. 
 
 Chapter 2. — Of Demurrers, Pleas and Answers. 
 
 Verification § 4105. If discoverj is specially disclaimed, the defendant need 
 o answer. ^^^ yerify his answcr ; but the defendant shall always have the 
 i^^efendajit's pj-ivilegc of putting in an answer under oath, for the purpose of 
 using the same as evidence on any motion to dissolve an injunc- 
 tion, or to set aside any extraordinary process or remedy granted. 
 Amendment A swom auswcr is subjcct to amendment at any time, by leave 
 of the court, as other pleadings ; but an admission made in such 
 answer shall always be evidence, when offered by the other 
 party. 
 Eflfectof §4106. An amendment to a bill which materially changes the 
 
 amendment i i mi i i i i mi 
 
 case, opens the bill, as amended, to demurrer or plea. Ihe de- 
 fendant shall be allowed reasonable time for answcriiiL' ^uch an 
 
 Answer to 
 
 amendment, amendment. An immaterial amendment does not so open the 
 ])ill, and need not be answered at all, or shall be answered instan- 
 Ur. 
 Howdefon- §4107. Whcu discovcry is sought tlic defendant must answer 
 msw"."'^ to the best of his knowledge, information and belief. If tlie de- 
 Effoctof fendant knows nothing, but answers only to his belief from the 
 oS*b^"ef." information of others, such an answer does not require the testi- 
 mony of two witnesses to overcome it. 
 verifyins § 4108. Wlicn a bill, or answer, or other proceeding in equity 
 non-resident is rcquircd to bc Verified by a complainant or defendant, who re- 
 sides beyond the limits of this State, an affidavit, made before 
 any commissioner of this State, or any commissioner, or master, 
 or chancellor of a court of equity, or Judge of any court of the 
 State where made, authorized to administer an oath, shall be a 
 sufficient verification 
 Replication § 4109. No replication shall be filed, and no order setting 
 triai."^ '^^ **'^down the case for trial ; but the parties may commence to take 
 
 testimony as soon as the bill is filed. 
 Notice of § 4110. If a demurrer or plea is filed, notice of such filing must 
 demun-er or be given to the complainant or his solicitor, a reasonable time 
 '***■ before the end of the first term. 
 
 CHAPTER III. 
 
 OF INTERLOCUTORY DECREES, AND THE APPOINTMENT OF REECEIV-, 
 ERS, MASTERS. AND AUDITORS. 
 
 Section'. iSBcnox. 
 
 4111. Interlocutory decrees and orders. 1 4113. Rejiort of Master — exceptions. 
 
 4112. Master or Auditor. 4114. Fees of Master or Auditor. 
 
PT. 3.— TIT. 27.— Equity Pleading and Practice. 797 
 
 Chapter 3. — Of Interlocutory Decrees, &c. 
 
 § 4111. At an J stage in the progress of an equity cause, if any int<Tioc«to- 
 portion of the same is ready for, or requires a decree, the court and orders. 
 may hear and determine such matters and pass such interlocuto- 
 ry decree or order as may advance the cause and expedite a final 
 hearing. If no issue of fact is involved, the verdict of a jury is 
 unnecessary. 
 
 §4112. Every Chancery Court in this State may appoint a Master or 
 Master, to whom it may refer such matters of account as are 
 complicated in their nature ; or, by consent of parties, may ap- 
 point an Auditor to investigate and report upon similar matters 
 in dispute. Such Master or Auditor may subpoena witnesses, 
 administer oaths, and hear testimony on any disputed fact, al- 
 ways giving due notice of his sittings to the parties or their so- 
 licitors. 
 
 §4113. The report of the Master or Auditor, when returned Report and 
 to court, shall be subject to exceptions for such time as the court ^'^*'*p*'*"*- 
 may allow ; and the exceptions so filed shall be the only issues 
 of fact submitted to a jury, so far as the matters referred are 
 concerned. When submitted, the jury shall return a verdict on 
 each exception seriatim. 
 
 §4114. The fees of the Master or Auditor shall be determined His fee*, 
 by the court, unless agreed on by the parties. 
 
 CHAPTER IV. 
 
 OF THE TRIAL AND ITS INCIDENTS. 
 
 Sbction. I Section. 
 
 4115. Trial term — when. 4119. Decree for specific performance. 
 
 4116. Jury — when necessary. 4120. Special verdicts and costs. 
 
 4117. Rules of evidence and practice. 4121. New trials — appeals. 
 
 4118. Bill takemwo con/esso. \ 
 
 § 4115. The trial term of all equity causes shall be the second Tnai te.-m. 
 term after service has been perfected on all the parties. 
 
 § 4116. When any question of fact is involved, the same shall Jnry trial- 
 be decided by a special jury, selected as in cases of appeals. Ifsary!'"^*'^'' 
 there be no such question, or the master's report, unexcepted to 
 covers all such questions, the Judge may render a decree without 
 the verdict of a jury. 
 
 §4117. The rules of evidence shall be the same as in trials atEui^sof 
 law, and the rules of practice as to continuance, and in tlie con- pracu 
 
 evi- 
 dence BDd 
 
798 PT. 3.— TIT. 27.— Equity Pleading and Practice. 
 
 Chapter 4. — Of the Trial and its Incidents. 
 
 duct of the cause before the jury, except that when a complain- 
 ant rehes solely on the defendant's answer, he shall be entitled to 
 open and conclude the cause. 
 Biiuaken §4118. If at the trial term uo auswcr has been tiled, and the 
 ^''^'""' "complainant has not in his bill disclaimed discovery, and no suf- 
 ficient excuse is rendered for tlie nei2:lect of defendant, the facts 
 char<i:ed in the bill shall be taken as confessed, so far as the com- 
 plainant (or his solicitor in his al)sence) will swear that the salne 
 are true, or accordiiifj to his information and belief, must have 
 l)een admitted to he true by the defendant in an honest answer. 
 antTfuii'ng And tlic court may proceed to decree thereon. The same rule 
 to answer, ^^^^^^j ^^^ enforced afi^ainst a complainant who fails or refuses to 
 res})ond as to any matter set up in defendant's answer and of 
 which discovery is sought from complainant. In proper cases the 
 court may compel an answer by attachment fur contempt. 
 Decree for §4-119. A dccrcc for specitic i)erformance shall operate as a 
 fora'^w."^' deed to convey land or otiier property without any conveyance 
 bcin<'' executed by the vendor. Such decree, certified by the 
 Clerk, shall be recorded in the re<^istry of deeds in the county 
 where the huid lies, and shall stand in the place of a deed. 
 
 S4120. Special verdicts mav be found by the jurv, and they 
 
 Speclol ver- " ' , , * , .^ -• * T . i ' 
 
 diets. „^av recommend to the court the assessment or costs upon tlie 
 
 Costa. respective parties. It is the province of the chancellor, however, 
 
 to determine upon whom the costs shall fall. 
 New trials § "^P^l- Ncw trials may bc irranted from the verdicts of juries 
 Appeals ill eipiity cases in like manner as in cases at Jaw. ihit there shall 
 
 be no appeal from the verdict of the jury. 
 
 CHAPTER \'. 
 
 OF DECREES AND THEIR ENFORCEMENT. 
 Section. j Section. 
 
 4122. A decree detiued. 
 •1123. Decrws and remedies. 
 
 4124. Execution. 
 
 4125. Attachmeuts for contempt. 
 
 4126. Transferable like judgment,-*. 
 
 4127. Enforcing injimctions. 
 
 4128. Dormant decrees — revival. 
 
 4129. Limitation on bills of review. 
 
 What is a d«- 
 cree. 
 
 ^4122. A decree in chancery is the judgment of the chancellor 
 upon the facts ascertained, and should be signed by him, and en- 
 tered on the minutes of the court. 
 
FT. 3.— TIT. 27.— Equity Pleadix g and Pkactice. 
 
 Chapter 5.— Of Decrees and their Enforcement. 
 
 §4123. A court of equity has full power to mould its decrees necreos and 
 so as to meet the exigencies of each case; and shall have f^^]i""^"^'''- 
 power to enforce its decrees when rendeied. 
 
 §4124. A decree in favor of any party for a specific sum of r..e„tion 
 money or for regular instalments of money, shall be enforced by dec":""'' 
 execution against the person or property as at law. The plaintiff 
 in such execution shall be the person actually entitled without 
 regard to his relative position in the cause. The defendant in »°'"'^"<^«- 
 such execution shall be entitled to all the privileges and defences 
 allowed to executions from a judgment at law. 
 
 §4125 Every decree or o'rder of a court of equity may be A„aoh«,e„t 
 enforced by attachment against the i»erson for contempt and jf ^'"■*'""^<^'"i" 
 a decree be partly for money and partly for the performance of a 
 duty, the former may be enforced by execution, and the latter by 
 attachment or other process. 
 
 §4126. Adecreeinequityis transferable like other judgments, T.nsrer 
 and when for money, shall have a like lien. ^ 
 
 §4127. Injunctions, ne exeat, prohibition, and other extraor-!!? 
 dmary remedies may be enforced also by attachment. ^&s. 
 
 § 412S. Decrees in equity for the payment of money shall 
 become dormant like other judgments when not enforced and^T""-^^ 
 may be revived upon petition and notice, without a bill or writ 
 01 sare facias: 
 
 fI^T.^Tfj"T' '^"^^ '^' ^''""^^'^^ "^^^"'^ ^^--^ years Lu.-,..„ 
 from the date of the decree rendered, or from the time of the vl'c'^"^'""- 
 removal of the disability of infancy, coverture, imprisonment or 
 msanity from the person complaining. 
 
 CHAPTER YI. 
 
 OF OTHER PROCEEDINGS IN CHANCERY. 
 
 S^'^^'O^- iSECTIOK. 
 
 4130. Proceedings by petition. I 4132 Notir-e ,.-1 . 
 
 4101 -tirK^i. „ 1 , , -i-Ao-. xMotice — wlicu necessary 
 
 4131. What may be done at chamber.^. 413:5. To minors. 
 
 ^ 4130. All proceedino-s e,v varte or in +L« ^, ..-,., 
 
 nrotectivP7.nw^v^ .f 1 ' ^ execution of the Proceedings 
 
 pi otectue power, of chancery over trust estates, or the estates of'^^°""°" 
 the warc^ of chancery, may be presented to thecour^ b;p:tit ^ 
 only, and such other proceedings be had therein as t le nee sZ 
 of each cause shall demand. necessity 
 
800 PT. 3. — TIT. 27. — Equity Pleading and Pkactice. 
 
 Chapter 6. — Of other Proceedings ia Chancery. 
 
 What may § 4131. A court of equity is always open, and hence tlie Judge, 
 chambers, in vacation and at chambers, may receive and act upon such pe- 
 titions, always transmitting the entire proceedings to the Clerk, 
 to be entered on the minutes or other records of the court. 
 
 § 4132. In all cases of applications for the removal of trustees, 
 or tlie sale of trust property, or the investment of trust funds, or 
 similar cases where any person is interested besides the applicant, 
 notice to such persons must be shown or its absence accounted 
 for l)efore the court shall proceed in the cause. 
 TomiBois. § 4133. If minors are interested, and they have no guardians, 
 guardians ad litem must be appointed and notified before the 
 cause proceeds. 
 
 Notice — 
 when neces- 
 sary. 
 
 TITLE XXVIII. 
 
 ARBITRATION AND AWARD. 
 
 Chaptek 1. Special provisions. 
 Chaptbr 2. General provisions. 
 
 CHAPTER I. 
 
 SPECIAL PROVISIONS. 
 
 Abticle 1. Of the submission. 
 
 Akticle 2. Of the organization and hearing. 
 
 Akticle 3. Of continuances and adjournments. 
 
 Article 4. Of the evidence and witnesses. 
 
 Article 5. Of the powers of the arbitrators. 
 
 Article 6. Of the rendition and effects of the award. 
 
 Article 7. How attacked. 
 
 Article 8. Of costs and compensation of the arbitrators. 
 
 ARTICLE I. . 
 
 OF THE SUBMISSION. 
 
 Section'. Sectiox. 
 
 41?4. Controversies submitted. 4135. Submission must be signed. 
 
 Controversy § 4134. All pcrsons having matters of controversy, whether in 
 Mb^itfo^n!* suit or otherwise, may submit the same to arbitration, and any 
 
PT. 3.— TIT. 28.— CHAP. 1.— Arbitkation and Awaed. 801 
 
 Article 1. — Of the Submission. 
 
 personal representative of any decedent, or gnardian of any in- 
 fant, idiot, Innatic or any trustee, may submit to arbitration any 
 matter of controversy touching the estate or property of such 
 decedent, idiot, lunatic, infant, or of such trust estate in the fol- 
 lowing manner. 
 
 § 4135. All such submissions to arbitration shall be in writing, submission 
 and shall contain a clear and accurate statement of the matters ^°^ittn^. 
 in controversy submitted, and any other matter that may be per- 
 tinent to said submission, and also the names of the arbitrators 
 chosen by the parties. Said submission shall be signed by the 
 parties or their agents, and when so signed, shall be delivered to 
 one of the arbitrators chosen by the parties, and wlien this is done 
 said submission shall be irrevocable, except by consent of all the 
 parties. 
 
 ARTICLE II. 
 
 OF THE ORGANIZATION AND HEARING. 
 
 Section i Section. 
 
 4136. Must be three arbitrators. 4139. List of witnesses to be fiirniished. 
 
 4137. How chosen. 4140. If any fail to attend. 
 
 4138. Shall appoint time and place. | 4141. Arbitrators must be sworn. 
 
 §4136. Every arbitration under this provision of this Code, to consist of 
 shall be composed of three arbitrators, one of whom shall be ""'*^' 
 chosen by each of the parties, and one by the arbitrators chosen 
 by the parties. 
 
 §4137. When the submission is delivered to the arbitrators h„^ ^.i^^^g^j, 
 chosen by the parties, or either, such arbitrators shall then choose 
 another arbitrator, whose name shall be inserted in the submission. 
 
 § 4138. The arbitrators so chosen shall then appoint their time Time and 
 and place of meeting, which shall be as soon as practicable, con- ^eetin-. 
 sistent with a proper preparation of the case, and the parties 
 shall have ten days' notice of such time and place of meeting. 
 
 §4139. At the time the submission is made, or so soon there- List of wit- 
 after as may be done, the parties shall furnish the abitrators soSshed.^^ 
 chosen, or one of them, with a list of the witnesses, whose testi- 
 mony they desire to be before said arbitrators, and any party 
 neglecting to do this for ten days after said submission is made, 
 shall not be entitled to delay or continuance for the absence of 
 his testimony or witnesses. 
 51 
 
 k 
 
802 PT. 3 —TIT. 28. — CHAP. 1.— Akbitration and Award. 
 
 Article 2. — Of the Organization and Hearing. 
 
 Ono of tbc. 
 arbitrators 
 failing to 
 attend. 
 
 Arbitrator.- 
 must be 
 Bworii. 
 
 § 4140. If any one of of the arbitrators selected bv the par- 
 ties should fail to attend at the time and place of meeting;, or be 
 , disqualified, the party whose arbitrator is absent or disqualified, 
 shall then choose another in his place, and if the arbitrator chos- 
 en by the arbitrators is absent (»r disqualified, the arbitrators 
 chosen by tlic parties shall cli<)0>e another in his place, and the 
 arbitrators so chosen !«hall have all tlie powers of the arbitrators 
 first chosen. 
 
 § 4141. liefore the arbitrators enter upon a heariuu; of said case, 
 to make up their award, they shall be sworn impartially to 
 determine the nuitters submitted t<» them, accordiu": to hiAv and 
 the justice and equity of the t-a.-e, without favor or afi'ection to 
 either i)arty ; which oath they may administer to each other. 
 
 ARTICLK III. 
 
 Parties n«l 
 ready — ease 
 po6t|>oneil. 
 
 May adjourn 
 fr«in day to 
 dar. 
 
 OF CONTINTANrKS AN'D AD.IOrRXMKNTS. 
 
 Skxtiox. Skctiox. 
 
 il42. P;irticrt not ready — poHlponcnR'Hi. tllS. Adjoiininionts. 
 
 §4142. When, upon the meeting of the arbitrators, if either 
 party shall not be ready for trial, the arbitrators may postpone 
 the hearing; of the case to a future day, which day shall be as 
 early as may be consistent with the ends of justice, considerinr^ all 
 the circumstances of the case ; but there shall not be more tlian 
 two adjournments of the case, except for Providential cause. 
 
 § 4143. After the arbitrators shall have commenced their inves- 
 tigations they may adjourn from day to day, or for a longer time 
 if the ends of justice require it, until their investigations are com- 
 pleted, and they have made up their award. 
 
 AUTICLEIV. 
 
 OF THK I'VIDKXCr: AX'D WITXE.^SKS. 
 
 Section. 
 
 4144. Testimony taken by eoniniission. 
 
 4145. Competency of witnc?r^. 
 
 Skction. 
 414G. Kxaniination of witnesses. Ac. 
 
 §4144. Testimony mav be taken by commission under the 
 
 Tcstinionv " . , " , j i • i 
 
 mayboti- gftme circumstaiices, m the same manner, and subiect to the 
 
 ken by com- , i i . i -i j i 
 
 mission, game rules and regulations as are now or may he prescribed by 
 law for the taking of testimony by commission in the Superior 
 
PT. 3.— TIT. 28.— CHAP. 1.— Arbitration and A\\ ard. 803 
 
 Article t. — Of the Evidence and Witnesses. 
 
 Courts, saving only that the original interrogatories shall be tiled 
 with one of the arbitrators and the commission issue by one of 
 the arbitrators, and the testimony, when taken, shall be directed 
 to the arbitrator who issued the commission. 
 
 §4:146. All free white persons who have arrived at sufficient competency 
 age to understand the obligations of an oath, and are not idiots "^ "'^"'^****' 
 or lunatics, including also the i)arties to said submission, shall be 
 competent as witnesses in all cases before said arbitrators, saviuf*- 
 only that the wife shall not be a witness for or against the hus- 
 band, nor the husband for or against the wife, except in cases 
 where the same is allowed by law. 
 
 § 4140. The examination of witnesses and the admission of tes- Kxaminiv- 
 
 ^- 1111 111 1 .1^ t'on of Wlt- 
 
 tnnony shall be governed l)y tiie rules ot the Superior Courts, nesses— ad- 
 
 ,,..-- ^ ' mission of 
 
 except as herein provided. evidence. 
 
 ARTICLE Y. 
 
 OF THK POWERS OF TIIK ARBITRATORS. 
 
 Section. Seotion. 
 
 4147. Powers of arbitrators. 4149. Administer oaths to witnesses, &c. 
 
 4148. May compel production of books, Ac, 4150. Tf all do not attend, two may act. 
 
 §4147. The arbitrators shall be clothed with all the powers of May comp«i 
 the Superior Courts to compel the attendance of witnesses before of wun^s'ses. 
 them, and also to compel them to testify, and any one of said ar- 
 bitrators shall have power to issue subpo'iias requiring the atten- 
 dance of witnesses at the time and place of their meeting, which compensa- 
 subpoenas shall be served in the manner pointed out by law for ncs""!'"'^" 
 the service of subpwnas in cases pending in the Superior Courts, 
 and witnesses so attending shall be entitled to the same compen- 
 sation as witnesses attending Superior Courts, and it may be collec- 
 ted in the same manner. 
 
 §4148. Said arbitrators shall be clothed with all the powers of May compel 
 the Superior Courts to compel parties to produce books and all tum ofto"ok. 
 other papers, which they may deem necessary and jn-oper for the *'^" 
 investigation of the matters submitted to them, giving to the par- 
 ty, his agent or attorney, from wliom the production is required, ^'^"•''"^ '" 
 such notice as is required in the Superior Courts for the produc- 
 tion of papers. 
 
 §4140. Said arbitrators shall have power to administer oaths y^y aJmin- 
 to witnesses and all other oaths that may be necessary for carry- ' 
 ing the provisions of this chapter into full eftect. 
 
804r PT. 3.— TIT. 28.— CHAP. 1.— Arbitration and Award. 
 
 Article 5. — Of the Powers of the Arbitrators. 
 
 Two may §4150. If the arbitrators so chosen shall fail to agree upon an 
 award. award, then any two of them may make an award, which shall 
 have the same force and effect as if made by all three of them. 
 
 ARTICLE VI. 
 
 OF THE RENDITION AND EFFECT OF THE AWARD. 
 Section 4151. Rendition and effect of award. 
 
 Copy to be §4151, After the arbitrators shall have made up their award, 
 parti"e^^'"^they shall furnish each of the parties with a copy thereof, and re- 
 tnrnidto'' tum the Original award to the next Superior Court of the county 
 court.'*"^ where the award was made, and said award shall be entered on 
 the minutes of said court, and shall iiave all the force and effect 
 of a judgment or decree of said court and may be enforced in the 
 Effect of same manner at any time after the adiournment of said court, and 
 
 award J >' ' 
 
 shall be final and conclusive between the parties as to all matters 
 submitted to the arbitrators, unless objection should be pleaded 
 to the same as provided in the next section of this Code. 
 
 AKTICLE VII. 
 
 HOW ATTACKED. 
 
 Section. Skctio;:. 
 
 4152. Award — liow attaciced andpro'd'8.| 4153. Verdict of jury and proceedings. 
 
 Frauds may §4152. When Said award shall have been returned to said 
 
 be Buggcwted . , • j j • i 
 
 at the return court and entered upon its minutes, as provided in the previous 
 section of this Code, either of the i>arties may suggest, on oath, 
 at the term to which said award is returned, that the award was 
 the result of accident, or mistake, or the fraud of some one or 
 all of the arbitrators or parties, or is otherwise illegal. Where- 
 upon the court shall cause an issue to be made up, which issue 
 Issue tried ^^^^^^ ^^ tried by a special jury under the same rules and regula- 
 by a special ^ious as are prescribed for the trial of appeals ; which trial shall 
 be had at the same term of the court at which the suggestion is 
 unued fo?°" made, unless good cause be shown for a continuance, when 
 one term. ^^^^ ^^^^^^ ^^^^^^ ^^^ coutiuued for one term only, except for Provi- 
 dential causes. 
 Verdict of §4153. If upon the trial of such issue the jury shall return a 
 
 the jury. 
 
 verdict finding against said award on the specifications made in 
 the issue submitted, the court shall forthwith pass an order va- 
 
PT. 3.— TIT. 28.— CHAP. 1.— Arbitration and Award. 
 
 805 
 
 Article 7.— How Attacked 
 
 eating and setting aside said award ; but if the jurj shall not so order of tho 
 Imd, said award shall remain in full force as provided in the pre-'"""^' 
 vious section of this Code, and shall be final and conclusire 
 unless the judgment of the Superior Court on tlie trial of such flnKU 
 issue be reversed by the Supreme Court. ''^'"'^' 
 
 ARTICLE YIII. 
 
 OF COSTS AND OOMPENSATIOX OF ARBITRATORS. 
 Sectiox. Section. 
 
 4154. Clerk's fees for his services. 4156. Compensation of Arbitrators, &c. 
 
 4155. The costs may be taxed, &c. 
 
 §4154. For each award entered upon the minutes of the Su- cierkv fees 
 perior Court, the Clerk shall be entitled to the same pay now 
 allowed by law for the entering of judgment in other cases, to 
 be paid by the parties as direqted in said award. 
 
 §4155. The arbitrators shall return in tlieir award the costs of cost^how 
 the case, which tliey may tax against either party, or a part'"'"' 
 against one and a part against tlie other, according as they may 
 think just and right. 
 
 §4156. The arbitrators shall have such compensation for their Con^pons.- 
 seryices as may be agreed upon by themselves and the parties, tXfi''*- 
 which shall be paid equally by the parties, or included in thean7Sct. 
 judgment or decree of the court to whicli said award is returned''" 
 as part of the costs in said case, and if the parties fail to agree 
 on the amount so to be paid, the court to which said award is re- 
 turned shall direct an issue (as to tlie amount of the fee) to be 
 formed between the parties and the arbitrators, which shall be 
 tried by a special jury, whose verdict shall be final and conclu- 
 sive unless reversed, and the subsequent proceedings thereon 
 shall be the same as in cases of appeal. 
 
 CHAPTER II. " - 
 
 GENERAL PRINCIPLES. 
 
 S«<^™^- ISection. 
 
 4157. Any number of arbitrators. ,1 4158. Submissions when suit is peudiug. 
 
 §4157. Nothing in the preceding chapter contained shall pre- pS" 
 vent any of the parties named in the first section thereof from'^-"t 
 submitting any and all matters of controversy to the arbitra- F F^^" 
 
806 PT. 3.— TIT. 28.— Arbitration aub Award. 
 
 Chapter 2. — General Provisions. 
 
 ment and award of any number of arbitrators, as provided bj 
 this Code, whether the same be in suit or otherwise ; and when 
 so submitted, the proceedings shall be governed by the provi- 
 sions of this Code and the common law. 
 Submission §4158. lu all matters submitted to reference by parties in a 
 ^n^ding.'' " ^"^^5 under a rule of court or other agi-eement in writing, signed 
 by the parties, (except as hereinbefore provided) judgment shall 
 be entered up by the party in whose favor the award is given, 
 and execution shall issue for the nums awarded to be paid as 
 they respectively become due, and to be levied on the property 
 Proceedings of the l>arty against whom the judgment shall have been entered 
 up, and such other proceedings shall be had thereon by the 
 court as in cases of judgments entered upon verdicts of juriee. 
 
 TITLE XXIX. 
 
 PRACTICK IN CONNECTION WITH .Sl-PRKMK COURT. 
 
 Chapter 1. Of bills of exceptions and writs of error. 
 Chapter 2. Of proceedings in Supreme Court. 
 
 CHAPTER I. 
 
 OF BILLS OP EXCEPTIONS AND WRITS OF ERROR. 
 
 Section. Sectio.k. 
 
 4159. VThQn a writ of error lies. , 4167. Notice — how served. 
 
 4160. Bill of exceptions. ! 4168. /> /xirte proceedings. 
 
 4161. Tenderinp and certifying. | 4169. Criminal cases — proceedings in. 
 
 4162. Exceptions pendente lite. j 4170. Bill of exceptions — how filled. 
 
 4163. Judge removing, dead or absent, '. 4171. Operates as a supersedeas — when. 
 
 4164. Death of either party. ' 4172. Clerks and Sheriffs — failing in duty. 
 
 4165. Judge refusing to certify. I 4173. Filing papers in the Supreme Oowt. 
 416G. Failing to certify. j 
 
 ▼he»»writ §4159. No cause shall be carried to the Supreme Court upon 
 
 ** •'■'^ "**• any bill of exceptions, so long as the same is pending in the 
 
 court below, unless the decision or judgment complained of, if 
 
 it had been rendered as claimed by the plaintiff in error, would 
 
 have been a final disposition of the cause. But at any stage of 
 
 wlptlo^i/*' the cause, either party may file his exceptions to any decision, 
 
 wuM."^*^*' sentence or decree of the Superior Court; and if the same is 
 
 certified and allowed, it shall be entered of record in the cause ; 
 
 and should the case at its final termination be carried by writ of 
 
PT. 3.— TIT. 29.— Supreme Ck)UKT Practice. 80? 
 
 Chapter 1. — Of Bills of Ilxception and "Writs of Error. 
 
 error to the Supreme Court by either party, error may be as- 
 signed upon such bills of exception, and a reversal and new trial 
 may be allowed thereon when it is manifest that such erroneous 
 decision of the court has or may have affected the final result of 
 the case. 
 
 §4160. Either party in any civil cause, and the defendant inBuiofex- 
 any criminal proceeding in the Superior Courts of this State, 
 may except to any sentence, judgment, decision or decree of such 
 court, or of the Judge thereof, in any matter heard at cham- 
 bers. Such bill of exceptions shall specify plainly the decision 
 complained of, and the alleged error, and shall be signed by the 
 party, or his attorney or solicitor. 
 
 §4161. Such bill of exceptions shall be tendered to the Judge TenderiM; 
 who presided in the cause within thirty days from the adjourn- ing. 
 ment of the court, or the date of the decision at chambers, 
 and if the same is true and contains, in connection with the 
 the transcript of the record, all the facts necessary to the under- 
 standing and adjudication of the alleged error, the said Judge 
 shall sign and certify the same, substantially as follows : ""I do writ of er- 
 certify that the foregoing bill of exceptions is true, and contains 
 all the evidence material to a clear understanding of the errors 
 complained of, and the Clerk of the Superior Court of the county 
 of is hereby required and ordered to make out a complete 
 
 copy of the record of said case, and certify the same as such, and 
 cause the same to be transmitted to the term of the 
 
 district of the Supreme Court, that the errors alleged to have 
 been committed may be considered and corrected." This certi- 
 ficate shall be the writ of error. 
 
 §4162. Exceptions tendered before the final hearing or judg-gjoeptione 
 ment for the mere purpose of being made a part of the record, f^v^'"** 
 shall be certified to be true by the Judge, and ordered to be 
 placed on the record. Such exceptions must be tendered during 
 the term. 
 
 §4163. If the Judge trying the cause resigns, "or otherwise judge re- 
 ceases to hold his office as Judge, when the bill of exceptions is™*'^^^. 
 tendered, he may nevertheless sign and certify as above. And if , . 
 he should die before certifying tlie same, or otherwise becomes in- 
 capable of acting, then the party may verify his bill of exceptions 
 by his own oath, or that of his attorney, together with the oath of 
 at least one disinterested member of the bai: who was present at 
 the trial. And such verifications shall operate in the same man-&^*^^*°*' 
 
808 PT. 3.— TIT. 29.— SuPKEME Court Practice. 
 
 Chapter 1. — Of Bills of Exception and Writs of Error. 
 
 ner as the certificate of the Judge. If the Ju'dge is absent from 
 home, or by other casualty fails to certify the bill of exceptions 
 within the time specified (and without fault of the party tendering) 
 he may still sign and certify as soon as possible, which shall be 
 held and deemed valid. 
 
 § 4164. If either party dies between the hearing and the ten- 
 dering of the bill of exceptions, the J udge shall nevertheless sign 
 and certify the same, and parties shall be made in the Supreme 
 Court as in other cases ; the notices required in such cases to be 
 given and received, may be given and received by the attorneys 
 of the respective parties though such parties l)e dead. 
 
 §4165. If the Judge shall determine that the bill of exceptions 
 
 Party dying. 
 
 Notices. 
 
 Judge refu- 
 
 sing to c«r- is not true, or does not contain all the necessary facts, he shall re- 
 turn the same within ten days to the party, or his attorney, with 
 his objections to the same in writing. If these objections are 
 met and removed, the Judge may then certify, specifying in his 
 certificate the cause of the delay. If the Judge sees proper, he 
 
 ^thcrparty. ^^^^J ordcr uoticc to the opposite party of the fact and time of 
 tendering the exceptions, and may hear evidence as to the truth 
 thereof. 
 
 jadM&u- §4166. If from any cause the l)ill of exceptions is not certified 
 
 **. '*°" by the Judge Avithout fault of the party tendering, such party or 
 his attorney shall apply at the next term of the Supreme Court, 
 wlierever it may be, and on petition obtain from said court a 
 
 ni'^f""""' 'i^i<J'i^damus ni si directed to such Judge. Such petition must 
 set out substantially the bill of exceptions tendered, and shall 
 be verified by the attorney as to the truth of the bill as ten- 
 
 Bervice dered, and b}' the party or his attorney as to the other facts sta- 
 ted thererein. The mandamus ni si shall be served by some 
 Sheriff of this State, and his return made to the Clerk of the Su- 
 preme Court. It shall be returnable at some term of the Su- 
 preme Court, at which term the court shall consider and deter- 
 
 jodges reg- j^'jj^ ^^^ Validity of the reasons given by the Judge for his fail- 
 ure or refusal, but in no case shall a traverse as to the truth of 
 such return of the Judge be allowed. If the reasons be insufli- 
 cient, or the Judge fails or refuses to make any return to the ina/n- 
 damus nisi, the Supreme Court shall issue a 7??a«^am?/* absolute 
 
 Mandamus i t -i • i •!• j.i i -ii x- ,.• 
 
 absoiate. commaudmg the Judge to sign and certify the bill of exception^. 
 If he still refuses so to do, the cause shall be heard by the Su- 
 preme Court on the exceptions as verified in the petition for 
 mandainus. 
 
PT. 3.— TIT. 29.— Supreme Court Practice. 809 
 
 Chapter 1. — Of Bills of Exception and Writs of Error. 
 
 § 4167. AVithin ten days after the bill of exceptions is sia;ned sernce of 
 
 *- •' ^ ^- copy on de- 
 
 and certified, the party plaintiff therein, shall serve a copy there- Pendants, 
 ■of upon the oposite party or his attorney, and if there be several 
 parties with different attorneys, upon each, with a return of such 
 service (or acknowledgement of service) endorsed upon or annexed 
 to such bill of exceptions, and they alone are parties defendant in 
 the Supreme Court who are thus served. 
 
 §4168. If the proceeding in the court below be ex pat'te. a.nd^^ pa >^f 
 
 " ^ •_ ~ ^ _ x^ ' proceedings. 
 
 there is no opposite party, notice to no one is necessary. In ca- 
 ses of interpleader or otherwise, where the real contestant is not real contes- 
 the opposite party on the record, notice shall be given to such 
 real contestant, in addition to the copy served as above. 
 
 §4169. In a criminal case, the copy bill of exceptions shall be in criminal 
 served upon the Attorney or Solicitor General, as the case may*^*^*" 
 be, or upon a Solicitor General ^>ro ^c;/?. who tried the cause, if he 
 is still acting under the appointment. 
 
 §4170. AVithin fifteen days from the date of the certificate of Filing in 
 the Judge, the bill of exceptions shall be filed in the office of the 
 Clerk of the court where tlie case was tried ; and in ten days from 
 the date of such filing, it shall be the duty of the Clerk to make 
 out a copy of such bill, together with a complete transcript of the 
 record in such cause. Such transcript, togrether with the original ©lerk's duty 
 
 ... J. ' t? ?:> — traBscript. 
 
 bill of exceptions, the Clerk shall transmit, together M-itli a cer- 
 tificate that the same is the true, original bill of exceptions, and a 
 time and complete transcript of the record in such case, to the 
 next term of the Supreme Court, as required in the Judge's cer- 
 tificate, directing the same to the Clerk of the said court. The exMptt«*' 
 copy bill of exceptions shall be retained in the office of the Clerk 
 of the Superior Court. 
 
 §4171. The bill of exceptions thus filed shall operate as a su- sktperse- 
 persedeas upon the plaintiff in error complying with the follow- 
 ing terms : In a civil cause, the party shall, on or before filing the 
 bill of exceptions, i>ay all costs, and by himself, his agent or at- 
 
 / ' • 1 1 In civil ca- 
 
 torney in fact or at law, give bond with good security, payable s^s. 
 to the opposite party, and conditioned for the payment of the 
 eventual condemnation money, and all subsequent costs, which 
 bond shall be attested and approved by the said Clerk. Or he ^°°''" 
 may file an affidavit with the said Clerk, stating that he is una- 
 ble from his poverty to pay the costs and give the security for 
 the eventual condemnation money, and that his counsel has ad- 
 vised him that he has good cause for a writ of error, which af- 
 
810 
 
 1*T. 3. — TIT. 29. — Supreme Court Practice. 
 
 Chapter 1. — Of Bills of Exception and Writs of Error. 
 
 Informa 
 pauperis 
 
 fidavit shall operate as if the costs M'cre paid and bund given. lo 
 a criminal cause, where the offence is bailable, the defendant shall 
 enter into a recognizance before the said Clerk, with security to 
 be approved by him, in a sum to be lixed by the presiding Judge, 
 conditioned for the personal appearance of such defendant, to 
 abide the final order, judgment or sentence of said court. If the 
 offence is not bailable, the Judge shall order a supersedeas at the 
 time of filing the bill of exceptions. If the party is unable from 
 his poverty to give the recognizance, the Judge shall order a su- 
 2)ersedeas upon the tiling of an aftidavit as provided in civil cases^ 
 but the defendant shall not be set at liberty without the recog- 
 nizance. 
 
 §4172. If any Sheriff, or Clerk, or other officer shall fail to^ 
 discharge any duty required of him in connection with the fore- 
 going provisions, upon petition the Supreme Court, or the Judge 
 of the Superior Court may compel the performance of Buch duty 
 by mandamns ; and no suitor shall lose any right by reason of 
 the failure of such ofticers to discharge their duties, where he has 
 been guilty of no fault himself, and has exercised ordinary dil- 
 igence to secure their discharge of duty. 
 
 § 4173. The papers transmitted to the Supreme Court may be 
 
 preme Court tiled at any time before the court has completed the docket for 
 tiiat circuit at that term. If they arc not filed by that time, the 
 judgment of the court below shall stand affirmed (unless the 
 plaintiff is protected under some one of the foregoing provisions) 
 and shall be so entered in that court upon the production of the 
 certificate of one of the Judges of the Supreme Court, under tl^e 
 
 Effect of seal of the court, as to the fact of the failure to file the papers 
 in the time required. 
 
 In criminal 
 eases. 
 
 Inform a 
 pauperi) 
 
 Mandamus 
 T8. Clerk or 
 Sheriff. 
 
 Suitors not 
 t«) puffer. 
 
 Time of 
 tiling In Su 
 
 feilare. 
 
 CHAPTER 11. 
 
 OF PROCEEDINGS IN THE SUPREME COURT. 
 
 Section. 
 4114. Order of docketing cases. 
 Time of docketing cases. 
 
 4175. 
 4176. 
 4177. 
 4178. 
 4179. 
 
 Decisions at the first term. 
 Making parties. 
 If the record is incomplete. 
 Judges dissenting. 
 
 4180. Decision and future direction. 
 
 Section. 
 
 4181. Remitter. 
 
 4182. Damages. 
 
 4183. Execution may issue — when. 
 
 4184. Amendments. 
 
 4185. Transcript to be filed. 
 
 4186. Attorneys liable for coeU*. 
 
 4187. Taxing cost. 
 
PT. 3.— TIT. 29.— Supreme Court Practice. BU 
 
 Chapter 2. — Of Proceedings in the Supreme Court. 
 5 4174. All causes shall be docketed by circuits in the order in order of 
 
 /^i 1 1 /-( 11 docketing 
 
 which they are received by the Clerk, and the Clerk shall, at least 
 
 one month prior to the session of each term, publish in two pub- lil^t^on.^"^' 
 
 lie gazettes at the place where the court shall sit, the order in 
 
 which the respective circuits of that district will be docketed for 
 
 a hearing. 
 
 § 4175. The docket shall be open for the reception of causes so Tii>.e of 
 long as the cases from the circuit whence they came are being '^*'*'''*^°f- 
 heard, but when the docket for that circuit is closed, no cause 
 shall be received except by special order of the court on proper 
 cause shown. 
 
 §4176.. The Supreme Court shall proceed to hear and determ- p^^igi^n ^t 
 ine at the first term (unless prevented by Providential cause) all ^"^ **'™" 
 cases properly docketed, and with the records made up ready for 
 a hearing. And no continuance shall be allowed except for continuance 
 Providential cause. 
 
 §4177. Should any party die after the bill of exceptions has Making fu- 
 been signed and certified, the death being suggested of record in "^*" 
 the Supreme Court, parties shall be made by scire facias, in the 
 manner heretofore prescribed by the rules of said court. 
 
 §4178. If the transcript of the record is incomplete in a ma-ifthe,e«ora 
 terial point, the fact being suggested on the oath of the party or pieu!**™' 
 his counsel, the cause shall be postponed and a mandamus issued 
 requiring the Clerk to complete the transcript. If, however, the 
 other party will admit the existence and eflTect of the omitted Admission 
 
 "^ . , of opposite 
 
 record, such admission in writing, shall constitute a part of the p^'^^- 
 record, and the cause shall proceed to a hearing. If the Clerk rc- 
 refuses to send up any of the papers, the plaintiff in error or his 
 counsel, may apply to any one of the Judges of the Supreme Mwidanms 
 Court in vacation and obtain a ma/mlamus ni »i against said Clerk, '° "»<■*"'"'• 
 and returnable to the term of the court where the case should be 
 tried ; and for a continued failure or refusal, the Supreme Court attachment 
 may attach the Clerk for contempt. for contempt 
 
 §4179. If the court is not unanimous in its decisions, theJndgeBdis- 
 Judges shall deliver the opinions seriatim, but they shall not be "*" ^^' 
 required to write them out. The opinion of the majority shall 
 decide each question. If but two Judges preside, and they are 
 divided in opinion, the cause shall be re-argued before the remain- 
 ing Judge, with a full bench, ere the term closes, if possible. If 
 not possible, the judgment of the court below shall stand affirm- 
 ed, upon the certificate of the fact of the division of the court, 
 
812 PT. 3.— TIT. 29.— Supreme Court Practice. 
 
 Chapter 2. — Of Proceedings in the Supreme Court. 
 
 unless the Judge is absent from Providential cause, in which 
 event the cause shall stand continued. 
 Decision. § 4180. The decision in each cause shall be entered on the 
 minutes, and it shall be within the power of the Supreme Court 
 too^dirlc-'' to award such order and direction to the cause in the court below 
 *'*"*• as may be consistent with the law and justice of the case. 
 
 Remitter. § 4181. The dccision of the court, and any direction awarded 
 in the case, shall be certified by the Clerk to the court below, 
 under the seal of the Supreme Court, and shall be respected, and 
 in good faith carried into full effect by the Superior Court. The 
 remitter shall contain nothing more, except the costs paid in the 
 Supreme Court. 
 Damages in § 4182. Ten per cent, damages may be awarded by the Supreme 
 nrmance. Court upon any judgment for a sum certain, which has been car- 
 ried to said court, and there aflSrmed ; Provided, in their opin- 
 ion, the cause was taken up for delay only, and it shall be so en- 
 tered in the remitter. 
 Judgment §4183. If tlic judgment below is afiirnied, upon filing the re- 
 cxecution at mittcr witli tlic Clerk of the Superior Court in vacation, the su- 
 persedeas shall cease, and execution shall issue at once for the 
 amount of the original judgment. 
 Bill of ex- S 4184. The bill of exceptions mav be amended in the Supreme 
 amondabie. Court, SO as to couform to the record in the cause. 
 Transcripts § 4185. The trauscript of the record shall not be recorded by 
 the Clerk of the Supreme Court, but shall be carefully labelled 
 and filed, so as to be easily found when needed. 
 Attorney §4186. The attomcy representing the plaintift^'s cause shall, 
 costs. in all cases, be responsible for the costs in the Supreme Court. 
 
 If there is a judgment of reversal, the plaintiff in error shall be 
 Judgment entitled to a iudgment for the amount of such costs against the 
 
 against other J o o 
 
 »»rty. defendant in error, so soon as the remitter is returned to the court 
 
 below. 
 Taxing costs §4187. At the close of each judgment on the minutes, the 
 
 Clerk shall tax his costs, subject to revision by the Judges of the 
 
 Supreme Court, and the costs so taxed shall be entered as a part 
 
 of the remitter. 
 
PT. 4.— TIT. 1.— Penal Code. 
 
 813 
 
 Division 1. — Persons capable of committing Crimes. 
 
 PART IV. 
 
 PENAL LAWS 
 
 TITLE I. 
 
 PENAL CODE. 
 
 Division 
 
 J. 
 
 Division 
 
 2. 
 
 Division 
 
 3. 
 
 Division 
 
 4. 
 
 Division 
 
 5. 
 
 Division 
 
 6. 
 
 Division 
 
 7. 
 
 Division 
 
 8. 
 
 Division 
 
 9. 
 
 Division 10. 
 
 Division 11. 
 
 Division 
 
 12. 
 
 Division 13. 
 
 Division 14. 
 
 Division 
 
 15. 
 
 Division 
 
 16. 
 
 Persons capable of committing crimes. 
 
 Principals and accessories. 
 
 Crimes against the State and people. 
 
 Crimes against the person. 
 
 Crimes against the habitation. 
 
 Crimes relative to property. 
 
 Forging, counterfeiting, and unlawful currency. 
 
 Crimes against public justice. 
 
 Against public peace and tranquility. 
 
 Against public morality, health, police and decency. 
 
 Cheats and swindlers. 
 
 Fraudulent or malicious mischief. 
 
 Offences relative to slaves. 
 
 Indictments and proceedings to execution. 
 
 Contempts of court and attempts to commit crimes. 
 
 Proceedings in preliminary courts. 
 
 FIRST DIVISION. 
 
 PERSONS CAPABLE OF COMMITTING CRIMES. 
 
 Section. 
 
 4188. Crime — definition. 
 
 4189. Intention. 
 
 4190. Infants, 14 years — liable. 
 
 4191. Under 10 — incapable. 
 
 4192. Lunatics. 
 
 4193. Idiots. 
 
 4194. Aiders and abettors instead. 
 1195. If Insanity is pleaded. 
 
 Section. 
 
 4196. Married women. 
 
 4197. Drunkenness — when excuse. 
 
 4198. Misfortune or accident. 
 
 4199. Slaves under coercion. 
 
 4200. Slaves under persuasion. 
 
 4201. Attempt to persuade. 
 
 4202. Persons under fear. 
 
 4203. Felonv— what is. 
 
 § 4188. Sec. I. A crime or misdemeanor shall consist in a vio- J^s^J^Ibie 
 lation of a public law, in the commission of which there shall tog^^imes. 
 
814 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 1. — Persons capable of committing Crimes. 
 
 be an union or joint operation of aot and intention, or criniinal 
 
 ' negligence. 
 
 Intention §4189. Skc. II. Intention wiU bc manifested bj tlie circum- 
 stances connected with the perpetration of the offence, and the 
 sound mind and discretion of the person accused. 
 
 Infants of §4:190. Sec. III. A pcrson shall be considered of sound mind, 
 
 p^abu-? " " who is neither an idiot, a lunatic, or afflicted by insanity ; or 
 who hatli arrived at the age of fourteen years, or before that age. 
 if such person know the distinction l)etween good and evil. 
 
 rn.iort.M. §4191. Si<r, IV. An infant under the age of ten years, whose 
 
 l^p'Scityf&c! tender age renders it improbable that he or she should be im- 
 pressed with a ])r()pcr sense of moral obligation, or be possessed 
 of sufficient capacity deliberately to have committed the offence, 
 shall not be considered or found guilty of any crime or misde- 
 meanor. 
 
 Lim»tic». § 4192. Sec. V. A lunatic or pcrson insane, without lucid in- 
 tervals, shall not be found guilty of any crime or misdemeanor 
 with which he or she may be charged; Provided^ the act so 
 charired as criminal was committed in the condition of such lu- 
 nacy or insanity ; but if a lunatic hath lucid intervals of under- 
 standing, he shall answer for what he does in these intervals, as 
 if he had no deliciency. 
 
 Mioti*. § 4193. Sec. VI. An idiot shall not be found guilty or pun- 
 
 ished for any crime or misdemeanor with which he or she may 
 « 
 
 be charged. 
 
 §4194. Sec. VII. Any person counselling, advising orencour- 
 
 Thoir c«un- 
 
 saiiorsand Q_(r\\\ir au iufaut uudcr thc ajrc of ten years, a lunatic or an idiot, 
 Father*"''' to commit an offence, shall be prosecuted for such offence when 
 stoad. committed, as principal ; and if found guilty, shall suffer the 
 
 same punishment as would have been inllicted on said infant. 
 
 lunatic or idiot, if he or she had possessed discretion and been 
 
 found guilty. 
 
 Plo« of in- 
 sanity— how 
 trietl 
 
 § 4195. Skc. VIII. AVhenever the plea of insanity is tiled, it 
 shall be the duty of the court to cause the issue on that pl«a to 
 be first tried by a special jury, and if found to be true, the court 
 shall order the defendant to be delivered to the Superintendent 
 of the Asylum, there to remain until discharged by the General 
 Assembly- 
 
PT. 4.— TIT. L— Penal Code. 815 
 
 Dirision 1. — Persons capable of committin.tr Crime!'. 
 
 §410(3. Sk(\ IX. K feme covert, or married woman, actiiio; M.anicd tvo- 
 iinder the threat?, command or coercion of lier husband, shall '"■<'i not 
 
 ,.,.,. . . , . , , punishable. 
 
 not he lound guilty ot any crime or misdemeanor not punishable 
 
 by death or perpetual imprisonment; and with this exception, ^\^J,^!^J,';J^^ 
 
 the husl)and shall be prosecuted as princii)al, and if convicted,*^'"' ''''''"'• 
 
 shall receive the punisliment which otherwise would have been 
 
 inflicted on the wife, if she had been found guilty ; Provided^ 
 
 it appears from all the facts and circumstances of the case, tliat 
 
 violent threats, command and coercion were used, 
 
 §4197. Sec. X. Drunkenness shall not be an excuse for any voi.miary 
 
 . , 1111 (Ininkcniicf.s 
 
 crime or misdemeanor, unless such nrunkenness was occasioned "" ''^cuse. 
 
 ,,„-., . ,.1 If caused by 
 
 by the iraud, artince or cantrivance or other person or persons, "'"">-s "'"''' 
 
 , >, . . -, '- ' others puii- 
 
 lor the purpose ot iiavmg a crime perpetrated, and then the per- 'sI'^iMo. 
 son or persons so causing said drunkenness for such malignant 
 purpose, shall be considered a principal, and suffer the same pun- 
 ishment as would have been inflicted on tlie person or persons 
 committing the offence, if he, she or they had been possessed of 
 sound reason and discretion. 
 
 § 419S. Sec. XL A person shall, not l)e found guilty of any Misfortune 
 crime or misdemeanor committed by misfortune or accident, and "■■ '"'*^"^*'"*- 
 where it satisfactorily appears there was no evil design or inten- 
 tion, or culpable neglect. 
 
 §4199. Si<:(\ XII. A slave committing a crime or misdeniean-^ii'ves under 
 or, which if committed by a free white person would not be pun- punishable. 
 ishable by this act with death, by the threats, command or eoer- 
 
 <• 1 '• 1 .1 * . . r.nt the per- 
 
 cion ot his or her owner, or other person exercising or assuming- son ooercinp 
 authority over such slave, shall not be found guilty : and it an- ishawe in 
 
 * o «/ 7 i their stead. 
 
 pearing from all the facts and circumstances of the case, that the 
 offence was committed by the threats, command and coercion of 
 * the owner, or the person exercising or assuming authority over 
 such slave, the said owner, or other person exercising or assum- 
 ing authority over such slave, shall be prosecuted for the said 
 crime or misdemeanor ; and if found guilty, shall suffer the same 
 punishment as he or she would have incurred if he or slic had 
 actually committed the crime with which the slave is charged. 
 
 §4200. Sec. XIII. If a slave shall commit a crime by the i-cisons pcr- 
 counsel, persuasion or procurement, or other means of a free preciri'ng^ 
 white person, and such fact shall be made to appear, such wliite c'ommit" 
 person shall l)e prosecuted for the offence, and if found guilty, I'shabio^in"' 
 shall incur the same ]>unishment as if he or slie had committed ^''^'" 
 the crime with wliicli the slave is charged. 
 
S16 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 1. — Persons capable of coumiitting Crimes. 
 
 Attempting §4201. Sec. XIV, If aiij free white person shall attempt to 
 punishable, procurc a slave to commit a crime, by counsel, persuasion, bribe- 
 ry, force, or other means, such person shall be prosecuted for 
 such attempt, and, on conviction, shall be punished in the same 
 manner as prescribed in this Code for an attempt to commit such 
 crime. 
 Personsact- §4202. Sec.XV. A pcrsoH ct •iiimitt iiii!; ji crime or misde- 
 ingunjcr meauor, uudcr tlireats or menaces, which sufficiently show that 
 
 fear not pun- ' •i 
 
 ishabie. j^jg qj. jjgj. jjfg qj- member was in danger, or that he or she 
 had reasonable cause to believe, and did actually believe, that 
 his (»r her life or member was in danger, shall not be found 
 guilty ; and such threats and menaces being proved and estab- 
 lished, the person, or persons, compelling by said threats and 
 menaces the commission of the t)ii"ence, shall be considered a 
 principal, or principals, and sufl'er the same punishment as if he, 
 she, or they, had perpetrated the otfence. 
 Meaning of § 4203. Sec. XVI. Tlic term ''/«7<>;iy,'' when used in this Code, 
 "Mo^y." shall be construed to mean an otfence for which the offender, on 
 conviction, shall be liable by law to be punished by death or im- 
 prisonment in the penitentiary, and not otherwise. 
 
 SECOXI) DIVISIOX. 
 
 PRINCIPALS AND ACCKSSORIKS IN CRIMH:. 
 
 Section. Sectiox. 
 
 4204. Principals, 1 st and 2d degree. 4208. Punialinientof eadi. 
 
 4205. Accessory. 4209. Of accessory after the fact. 
 
 4206. Before the fact. 4210. Of accessory to slavesi, Ac. 
 
 4207. After the fact. 
 
 Principal in § 4204. Skc. I. A pcrsou may be principal in an oifeuce in two 
 flrtt degree, (j^gregg^ X. principal in the tirst degree, is he or she that is the 
 Principal in actor, or absolutc perpetrator of the crime. A principal in the 
 second de- gg^^^j^^j degree, is he or she who is present, aiding and abetting 
 the act to be done; which presence need not always be an ac- 
 tual immediate standing by, within sight or hearing of the act ; 
 but there may be also a constructive presence, as when one com- 
 mits a robbery, murder, or other crime, and another keeps watch 
 or guard at some convenient distance. 
 Accessory. § 4205. Sec. II. Au acccssory is one who is not the chief ac- 
 tor in the oifence, nor present at its performance, but is some 
 way concerned therein, either he/ore or after the act committed. 
 
PT. 4.— TIT. 1.— Penal Code. 
 
 817 
 
 Division 2. — Principals and Accessories in Crime. 
 
 § 4206. Sec. III. An accessory before the fact is one who, be- Accessory 
 ing absent at the time of the crime committed, doth yet procure, fact 
 counsel, or command another to commit a crime. 
 
 § 4207. Sec. IV. An accessory after tlie fact is a person who, Accessory 
 after full knowledge that a crime has been committed, conceals fic" ^^^ 
 it from the magistrate, and harbors, assists or protects the person 
 charged with or convicted of the crime, 
 
 §4208. Sec. V. A principal in the second degree, and an ac- Punishment 
 cessory before the fact, except where it is otherwise provided for il 2d degree 
 in this Code, shall receive the same punishment as is directed to 
 be inflicted on the principal in the first degree, or perpetrator of 
 the crime. 
 
 §4209. Sec. YI. Accessories after the fact, except where it is punishment 
 otherwise ordered in this Code, shall be punished by fine, or im- ries aftMUie 
 prisonment in the common jail of the county, or both, at the 
 discretion of the court. 
 
 § 4210. Sec. VII. A white person may be accessory before or Accessories 
 after the fact, to a slave or free person of color, who has commit- ^° *^*^^^" 
 ted an offence which would be a felony, if committed by a white 
 person, and, on conviction, such accessory shall receive the same 
 punishment as if his principal had been a white man. 
 
 TIimD DIVISION. 
 
 CRIMES AGAINST THE STATE AXD PEOPLE. 
 
 Section. 
 
 4211. Treason and insurreotion. 
 
 4212. Treason, 1st degree — Death. 
 
 4213. Treason, 2d degree — Penitentiary. 
 
 Section. 
 
 4214. Insurrection — death. 
 
 4215. Incendiary papers — death. 
 
 ' gree. 
 
 §4211. Sec. I. Crimes against the State and the people shall insurrection 
 consist in treason in the first degree, and second degree, exci- 
 ting, or attempting to excite an insurrection or revolt of slaves. ' 
 
 §4212. Sec. II. Treason in the first degree, shall consist in Treason i« 
 levying war against the State in the same, or being adherent to,^*"^"'^** 
 the enemies of the State within the same, giving to them aid 
 and comfort in this State or elsewhere, and thereof being legally 
 convicted of open deed, by two or more witnesses, or other com- 
 petent and credible testimony, or voluntary confession ; these 
 cases shall be adjudged treason against the State and people ; 
 and when the overt act of treason shall be committed without 
 52 
 
 '-• 
 
818 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 3. — Crimes against the State and People. 
 
 the limits of this State, the person charged therewith may be ar- 
 rested and tried in any county in this State, within the limits of 
 which he may be found, and, being thereof convicted, shall be 
 punished in like manner as if the said treason had been commit- 
 runishmcnt, ^^j ^j-^ J Jqj^^ witliiu thc limits of said county. Treason in the 
 
 deato. " 
 
 first degree shall be punished with death. 
 Treason iii § 4213. Sec. III. Trcasou in the second degree, shall consist 
 Mconddo- .^^ ^1^^ knowledge and concealment of treason, without otherwise 
 
 assenting to, or participating in the same. The punishment of 
 fonr years, trcasou in tlic sccoud degree, shall be confinement and hard labor 
 
 in the penitentiary for four years. 
 
 S 4214:. Sec. IV. Exciting an insurrection or revolt of slaves, 
 
 Insun-ection o t? ^ 
 
 death. QY any attempt, by writing, speaking, or otherwise, to excite an 
 
 insurrection or revolt of slaves, shall be punished with death. 
 Circulating § 4215. Skc. V. If any person shall bring, introduce, or circu- 
 thfna'J^ pa- latc, or cause to be brought, introduced, or circulated, or aid, or 
 dea'th**^ ' assist, or bo in any manner instrumental in bringing, introdu- 
 cing, or circulating, within this State, any printed or written 
 paper, pamphlet, or circular, for the purpose of exciting insur- 
 rection, revolt, conspiracy, or resistance, on thepart of the slaves, 
 negroes, or free persons of color in this State, against the citi- 
 zens of this State, or any part of them, such persons so offend- 
 ing, shall be guilty of a high misdemeanor, and, on conviction, 
 shall be punished with death. 
 
PT. 4.— TIT. 1.— Penal Code. 
 
 819 
 
 Division 4. — Crimes and Oflbnces against the Persons of Citizens or Individuals. 
 
 FOUIITH DIYISIOX. 
 
 CRIMKS AND OFFENCES AGAINST THE PERSONS OF CITIZENS OR INDI- 
 VIDUALS. 
 
 Section. 
 ■4216. Homicide. 
 
 4217. Murder. 
 
 4218. Express maJico. 
 
 4219. Implied malice. 
 
 4220. Punishment of nnirder. 
 4 221. Manslaughter. 
 
 4222. Volantarj. 
 
 4223. Pnnishmein. 
 
 4224. Involuntarj. 
 
 4225. Punishment. 
 
 4226. Fine and imprisonment. 
 
 4227. Justifiable homicido. 
 
 4228. Reasonable fear. 
 
 4229. Invasion of property. 
 
 4230. Self defence. 
 
 4231. Other cases. 
 
 4232. No puni.shment. 
 
 4233. Revolting slaves. 
 
 4234. Injuries to slaves. 
 
 4235. Advisers to infanticide. 
 
 4236. Concealment of child. 
 
 4237. Fine and imprisonment. 
 
 4238. Mayhem. 
 
 4239. Specification. 
 
 4240. Tongue — punishment. 
 
 4241. One eye — punishment. 
 
 4242. Only one eye, or both eyes. 
 
 Section. 
 
 4244. Ear or lip — puni.shment. 
 
 4245. Castration — punishment. 
 
 4246. Wounding privates. 
 
 4247. Other mayhems. 
 
 4248. Rape. 
 
 4249. Punishment. 
 
 4250. Assault with intenl. 
 
 4251. Sodomy. 
 
 4252. Punishment. 
 
 4253. Bftstiality. 
 
 4254. Punishment. 
 
 4255. Attempt. 
 4266. Assault. 
 4257. Punishment. 
 4268. With intent to rob. 
 4259. Punishment. 
 
 42G0. With intent to mjuro clothes. 
 
 4261. Battery. 
 
 4262. False imprisonment. 
 
 4263. Without process. 
 
 4264. Under color of process. 
 
 4265. Kidnapping. 
 
 4266. Inviegling children. 
 
 4267. Assault with intent to nuirder. 
 
 4268. Stabbing. 
 
 4269. Shooting. 
 
 4270. Seduction. 
 
 4271. Using abusive or obscene lang'go. 
 
 4243. Nose — punishment. 
 
 §4216. Sec. I. Homicide is the killing of a human being of Homicide, 
 any age or sex, and is of three kinds — mnrder, manslaughter, 
 and justifiable homicide. 
 
 § 4217. Sec. II. Murder is the unlawful killing of a human Murder, 
 being, whether a freeman or a slave, in the peace of the State, 
 by a person of sound memory and discretion, with malice afore- 
 thought, either express or implied, 
 
 § 4218. Sec. III. Express malice is that deliberate intention, ^ 
 
 iT/»/> Express 
 
 unlawtully to take away the life of a fellow- creature, which is malice, 
 manifested by external circumstances capable of proof. 
 
 § 4219. Sec. IV. Malice shall be implied, where no considera- implied 
 l)le provocation appears, and where all the circumstances of the ™* *'*' 
 killing sliow an al)andoned and malignant heart. 
 
820 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 4. — Crimes and Offences against the Persons of Citizens or Individuals. 
 
 Murdei-- §4220. Sec. V. The punishment of murder shall be death, but 
 may be confinement in the penitentiary for life, in the following- 
 cases : 1. By sentence of the presiding Judge, if the conviction 
 is founded solely on circumstantial testimony, or if the jury try- 
 ing the traverse shall so recommend. In the former case, it is- 
 discretionary with the Judge ; in the latter it is not. 2. By 
 commutation of the Governor. 3. By act of the General As- 
 sembly. 
 MaHBianght- § 4221. Sec. VI. Manslaughter is the unlawful killing of a hu- 
 *'■ man creature, without malice, either express or implied, and 
 
 without any mixture of deliberation whatever, wliicli may be- 
 voluntary, upon a sudden heat of })assion, or involuntary, in the- 
 commission of an unlawful act, or a lawful act, without due caa- 
 tion and circumspection. 
 Voluntary §4222. Sk(". VII. lu all cascs of voluutary inauslaugliter, thcrB' 
 mansiaught- jj^^g^. j^^ gome actual assault upon the person killing, or an attempt 
 by the person killed to commit a serious personal injury on the- 
 person killing, or other equivalent circumstances to justify the 
 excitement of passion, and to exclude all idea of delil)eration or 
 malice, either express or implied. Provocation bj words, threats,, 
 menaces, or contemptuous jestures, shall in no case be sufficient 
 to free the person killing from the guilt and crime of murder. 
 The killing must be the result of that sudden, violent impulse of 
 passion, supposed to be irresistible ; for if there should have been 
 an interval ]>etween the assault or provocation given, and the- 
 homicide, sutficient for the voice of reason and humanity to be 
 heard, the killing shall be attributed to deliberate revenge, and 
 be punished as murder. 
 PunishmcBt §4223. Skc, VIII. V oluutary manslaughter shall be puuishcd 
 by confinement and labor in the penitentiary for a term of not 
 less than one nor longer than twenty years. 
 iBToiuntary § 4224. Sec. IX. luvoluutary manslaughter shall consist in the, 
 mansiaug t- j^^^jjjg qj' q^ human being without any intention to do so ; but in- 
 the commission of an unlawful act, or a lavrful act, which prob- 
 ably might produce such a consequence, in an unlawful manner ;; 
 Provided^ always^ that where such involuntary killing shall happen 
 in the commission of an unlawful act, which, in its consequences,, 
 naturally tends to destroy the life of a human being, or is com- 
 mitted in the prosecution of a riotous intent, or of a crime pun- 
 ishable by death or confinement in the penitentiary, the offence 
 shall be deemed and adjudged to be murder. 
 
PT. 4.— TIT. 1.— Penal Code. 821 
 
 Division 4. — Crimes and Offences against the Persons of Citizens or Individuals. 
 
 § 4225. Sec. X, Involuntary manslaughter, in the commission Punishment, 
 of an unlawful act, shall be punished by confinement and labor 
 in the penitentiary for a term not less than one nor longer than 
 three years. 
 
 § 4226. Sec. XI. Involuntary manslaughter, in the commission Fine and 
 or performance of a lawful act, where there has not been observ- ment. 
 ed necessary discretion and caution, shall be punished by line or 
 imprisonment in the common jail of the county, or both, at the 
 •discretion of the court. 
 
 § 4227. Sec. XII. There being no rational distinction between justifiable 
 excusable and justifiable homicide, it shall no longer exist. Jus- 
 tifiable homicide is the killing ot a human being by command- 
 ment of the law in execution of public justice ; by permission of 
 the law in advancement of public justice ; in self-defence, or in 
 defence of habitation, property, or person, against one who man- 
 ifestly intends, or endeavors by violence or surprise, to commit a 
 felony on either ; or against any persons who manifestly intend 
 and endeavor, in a riotous and tumultuous manner, to enter the 
 habitation of another for the purpose of assaulting or oflfering per- 
 sonal violence to any person dwelling or being therein. 
 
 §4228. Sec. XIII. A bare fear of any of those oflfences, to Fear, to u 
 prevent which the homicide is alleged to have been committed, must b« ' 
 shall not be suflicient to justify the killing. It must appear that 
 the circumstances were sufficient to excite the fears of a reasona- 
 ble man, and that the party killing really acted under the influ- 
 ence of those fears, and not in a spirit of revenge. 
 
 §4229. Sec. XIY. If, after persuasion, remonstrance, or other Knung !■ 
 gentle measures used, a forcible attack and invasion on the prop- **®'*°**' 
 erty or habitation of another cannot be prevented, it shall be jus- 
 tifiable homicide to kill the person so forcibly attacking and in- 
 vading the property or habitation of another ; but it must ap- 
 • pear that such killing was absolutely necessary to prevent such 
 attack and invasion, and that a serious injury was intended, or 
 might accrue to the person, property or family of the person 
 killing. 
 
 §4230. Sec. XY. If a person kill another in his defence, it^^^ j. 
 must appear that the danger was so urgent and pressing at the™°**^"8- 
 time of the killing, that in order to save his own life, the killing 
 of the other was absolutely necessary ; and it must appear, also, 
 that the person killed was the assailant, or that the slayer had 
 
822 PT. 4.— TIT. 1.— Pknal Code. 
 
 Division 4. — Crimes and Offences agfainst the Persons of Cituens or Individuals. 
 
 really and in good faith endeavored to decline any ftirtlier stnig- 
 
 glc before the mortal Mow was iriven. 
 
 Aiiotherin- §4231. Sw. XVI. All otlicr instances which stand uj-ou the 
 
 paine footing of reason and jnsticc as those enumerated, shall be 
 
 juptitiable homicide. 
 
 .Jugtinabi.- ^4232. Sicr. XVII. The hoiiiicido appearing to be justitiable, 
 
 not"puDiBh the ]>ergon indicted sliall. upon the trial, be I'ully acqiiittcd and 
 
 discharge<i. 
 Kiiiinif ro- JJ4233. Sir. Will. Kiliini: a hlnvc in the act of revolt, or 
 ^»TM* when the said slave forcibly rosistji a legal arretit. fhall be justi- 
 fiable homicide. 
 ^, . ^4234. Skc, XIX. In all chs»>. the killing or maiinifig <»f a 
 
 OUi^rwlM • . . r . 
 
 tbaiMnpat plavo or pcrsou of color, or In<lian in amitv with the C«tnt'ederate 
 
 white pw- I 
 
 •""• States, (tr ativ other unlawful violent assault ujK»n the ]>ereon, 
 
 without sutticient provoeation, shall l>c put upon the same foot- 
 ing <»f criminality, as the killing, or maiming, or a*»aulting a 
 white ]H'rs<»n, 
 Adn.ortto ^4235. 8k<\ XX. If any ]>ers«»n shall counsel, advise, or direct 
 kjiiinfaii*. ^ ^(ininn to kill the child she is pregnant <»r goes with, and after 
 she is delivered of stich child, she kill it, every such ]>erstm so ad- 
 vising or <lire<'ting. shall l»e deemed an acceKBory l>efore the fact 
 to such murder, and shall have the same punishment as the]»rin- 
 cipal. 
 coDf**i M''^'^^- ^'•*'- ^^^- The const raineil presumption arising from 
 
 owidVa^ui t^><^ <*^^"«^ft'»"<*"t of tlie death of any child, that the child whose 
 death is concealed, was theref««re nnirdered by the mother, shall 
 not be sufficient or conclusive evidence to convict the j»ers(m in- 
 dieted of the murder of her child, unless probable proof l>e given 
 that the clnld wai; lH»rn alive, nor unless the circumstances at- 
 tending it shall be such as shall satisfy the minds of the jury that 
 the mother did willfully and maliciously destroy and take away 
 the life of such child. 
 
 <$ 4237. Set. XXII. If anr woman shall conceal or attemitt to 
 
 Fine and im- "^ */«i,ji/«i 
 
 priMnmenL couccal the death of any issue of her l»ody, male or female, 
 which, if it were lK)m alire, would, by law, be a bastard, so that 
 it may not come to light whether it was murdered or not, every 
 soch mother being convicted thereof, shall be punished by fine or 
 imprisonment in the common jail of the county, or both, at the 
 discretion of the court. 
 
PT. 4.— TIT. 1.— Pknal Cods. 
 
 Dirision 4 — Crimes and OflFenoeB against the Persons of CitiKens or Individuals. 
 
 §4238. Sec. XXIII. Mayhem shall consipt in unlawfully de- Mayhem. 
 ]»rivinir a person, free or slave, of a member, or disfiguring or 
 rendering it useless. 
 
 §4239. Sec. XXIV, If any person shall imlawfully, and with- in what it 
 out sufficient cause or provocation, cut out or disable the tongue, 
 put out an eye, slit or bite the nose, ear or lip, or cut or bite off 
 the nose, ear or lip, or castrate, or cut. or bite off, or disable any 
 other limb or member of another, with an intention in so doing 
 to maim or disfigure such person, or shall voluntarily, malicious- 
 ly, and of purpose, while fighting or otherwise, do any of these 
 acts, every such person shall be guilty of mayhem. 
 
 §4240. Sec. XXV. A person convicted of cutting out the <^""'"? ^'''' 
 
 . , . . ~ tongue — 
 
 tongue, with the intention, or voluntarily or maliciously, as ex- ^^°'^2f^ 
 pressed in the preceding section, shall be punished by confine- J^^""- 
 ment and labor in the penitentiary for life. A person convicted 
 of disabling the tongue, with the intention, or voluntarily or 
 maliciously, as expressed in the preceding section, shall be pun- 
 ished by confinement and labor in tlie penitentiary for a term 
 not less than five years, nor more than fifteen years. 
 / §4241. Sec. XXVI. A person convicted of putting out anPiuiir^oat 
 f (eye, with the intention, or voluntarilv or maliciouslv, as before Kiitentiary 
 
 ^ ' f I ' 1 • X! 1 1 • 1 11 1 • 1 ^ ' t r. two to five 
 
 \6xpressed, in tight or otherwise, shall be punished by confine- years, 
 jment and labor in the penitentiary for a term not less than two 
 ^^^ jyears, n or longer than five years. 
 
 §4242. Sec. XXVII. A person convicted of inittinsc out the not'ifvesor 
 
 ..1 1 /^ 1 1 . 1 ^ , the onlrcye 
 
 eyes oi another, or tlie eye ot another havinff but one eve, with -peniten- 
 
 .... . , ., , ^ " ' tinrv for life. 
 
 a similar intention, or voluntarily or maliciously, while fighting 
 
 or otherwise, sliall be punished by confinement and labor in the 
 
 penitentiary for and during the term of his or her natural life. 
 r^ § 4243. Sec. XXVIII. A person convicted of slitting or biting suiting or 
 
 the nose, ear or lip of another, with the intention, or voluntarily ^pc,fitTn-* 
 ' lor maliciously, as before expressed, while fighting or otherwise, rhr7e''yeara, 
 
 shall be punished by confinement and labor in the penitentiary TmSri^n-'^ 
 ^f. for a term of not less than one year, nor more than three years, ™^"*' 
 ^- or by fine and imprisonment in the common jail of the county, 
 
 at the discretion of the court. 
 
 r^ 4244. Sec. XXIX. A person convicted of cutting or biting cutting or 
 ^ / off the nose, ear or lip of another, with the intention, or volun-noKr" 
 
 tarily or maliciously, as before expressed, while fighting or other- tc^^'two 
 I wise, shall be punished by confinement and labor in the peniten-^"^"^*^**"" 
 
 tho 
 
824 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 4. — Crimes and Offences against the Persona of Citizens or Individuals. 
 
 tiarj for a term of not less than two years nor more than five 
 years. 
 Castration- §4245. Sec. XXX. A person convicted of the crime of cas- 
 trating another, with the mtention, or voluntarily or maliciously, 
 as before expressed, while fighting or otherwise, shall be pun- 
 ished with death. 
 Wounding § 4246. Sec. XXXI. A person convicted of wilfulUy aind ma- 
 ^e'e^peni-' liciously injuring, wounding or disfiguring the private parts of 
 toflft*Tn ^''another, with the intention aforesaid, whilst fighting or other- 
 ^'"'^ wise, which injuring, wounding or disfiguring do not amount to 
 castration, shall be punished by confinement and laboj* in the 
 penitentiary for a term not less than five years nor longer than 
 fifteen years, 
 other May- §4247. Sec. XXXII. A person (sonvicted of cutting or biting 
 off, or disabling any limb or member of another, not hereinbe- 
 fore designated, with the intention, or voluntarily or maliciously, 
 as before expressed, while fighting or otherwise, shall be punished 
 by confinement and labor in the penitentiary, for a term not less 
 than one year nor longer than five years ; or in slight and trivial 
 cases, by fine and imprisonment in the common jail of the coun- 
 ( ty, at the discretion of the court. 
 Eape. -: § 4248. Sec. XXXIII. Rape is the carnal knowledge of a fe- 
 male, whether free or slave, forcibly and against her will. 
 Penitentiary § 4249. Sec. XXXIV. Rape ou a free white female shall be 
 ty ycar67o? piinished by an imprisonment at labor in the penitentiary for a 
 prisonment term uot Icss than two years nor longer than twenty years. If 
 committed upon a slave, or free person of color, by fine and im- 
 prisonment, at the discretion of tlie court. 
 Assanitwith §4250. Sec. XXXV. Au assault witli intent to commit a rape, 
 rape? ** shall be punished by an imprisonment at labor in the peniten- 
 tiary for a term not less than one year nor longer than five 
 years. • 
 
 Bodomy. § 4251. Sec. XXXVI. Sodomy is tlie carnal knowledge and 
 
 connection against the order of nature, by man with man, or in 
 the same unnatural manner with woman. 
 Penitentiary § 4252. Sec. XXXVII. The punishmeut of sodomy shall be 
 imprisonment at labor in the penitentiary for and during the 
 natural life of the person convicted of this detestable crime. 
 Bestiality. §4253. Sec. XXXVIII. Bestiality is the carnal knowledge 
 and connection against the order of nature by man or woman in 
 any manner, with a beast. 
 
FT. 4.— TIT. 1.— Penal Code. 826 
 
 Division 4. — Crimes and Oflences against the Persons of Citizens or Individuals. 
 
 § 4254. Sec. XXXIX. The punishment of bestiality shall be Penitentiary 
 imprisonment at labor in the penitentiary for and durino- the'^"'''^*'" 
 natural life of the person convicted of this detestable crime. 
 
 § 4255. Sec. XL. An attempt to commit sodomy or bestiality Attempt- 
 shall be punished by imprisonment and labor in the penitentiary ylars." '*"*'' 
 ifor -a term not less tlian two years nor more than four years. 
 
 1 4256. Sec. XLI. An assault is an attempt to commit a vio- j^^^^^^^ 
 lent injury on the person of another. 
 
 § 4257. Sec. XLII. A bare assault shall be punished by tine Panishmcnt 
 or imprisonment in the common jail of the county, in the discre- 
 tion of the court. 
 
 § 4258. Sec. XLIII. An assault with intent to murder, by using Asenuitwith 
 any weapon likely to produce death, shall be punished by im- mnrder- 
 prisonment and labor in the penitentiary for a term not less than two K^ 
 two years nor longer than ten years. ^*'*'"*' 
 
 §4259. Skc. XLIV. An assault with intent to rob, is where A««vuit with 
 any person or persons shall, with any offensive or dangerous *"''""'' ™^- 
 weapon or instrument, unlawfully and maliciously assault anoth- 
 er, or shall by menaces, or in and by any forcible or violent 
 manner, demand any money, goods or chattels of or from any 
 other person or persons, with intent to commit robbery upon 
 such person or persons. 
 
 §4260. Sec. XLY. A person convicted of an assault with in- penitentiary 
 tent to rob, shall be punished by continement and labor in the yla^;' '"'^ 
 penitentiary for a term not less than two years nor more than 
 four years. 
 
 §4261. Sec. XLVI. An assault with an intent to spoil or in- Assauitto 
 jure clothes or garments, is where any person or persons shall, ffies-fi.e 
 at any time, willfully and maliciously assault any person or per-onmcr"'" 
 sons, with an intent to tear, spoil, cut, burn or deface, and shall 
 tear, spoil, cut, burn or deface the garments or clothes of such 
 person or persons ; and every such oifender being thereof con- 
 victed, shall be punished by a fine not exceeding two hundred 
 dollars, and imprisonment in the common jail of the county for 
 a term not less than three months nor more than one year. 
 
 §4262. Sec. XLYII. Battery is the unlawful beating of anoth- Battery, 
 er, and shall be punished by fine or imprisonment in the com- 
 mon jail of the county, or both, at the discretion of the court. 
 
 §4263. Sec. XL VIII. False imprisonment is a violation ofthc^ajsoini- 
 personal li.berty of a free white person, or citizen, and consists i,-^ ''"'*"""*" 
 
826 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 4. — Crimes and Offences against the Persons of Citizens or Individuals. 
 
 coniinement or detention of such person, without sufficient legal 
 autliority. 
 False im- 8 4264. Sec. XLIX. Any person who shall arrest, conline, or 
 
 prisontnent ... 
 
 —fine, &e. detain a free white person or citizen, without process, warrant, or 
 legal authority to justify it, shall be punished by fine and impris- 
 onment in the common jail of the county, or either, at the discre- 
 tion of the court. 
 
 When under § 4265. Sec. L. The arrest, confinement or detention of a free 
 
 ^ceBs/*^^"' white perso7i or citizen, by tlie warrant, mandate, or process of a 
 magistrate, being manifestly illegal, and showing malice and op- 
 pression, the said magistrate shall be removed from office, and 
 such magistrate, and all and every person and persons, knowingly 
 and maliciously concerned therein, shall be punished by tine and 
 imprisonment in the common jail of the county, or imprisonment 
 and labor in the penitentiary for any time not less than one nor 
 more than two years, at the discretion of the court. 
 
 Kidnapping §4266. ISec. LI. Kidnapping is the forcible abductiou or stcal- 
 
 — penltcn- . , ,,. . ,, 
 
 tiary4u7 mg away ot any iree white person, or free person of color, with- 
 out lawful authority, or warrant, from this State or any county 
 thereof, and sending or conveying such person beyond the limits 
 of said State or county against his or her will. Each and every 
 person who shall be guilty c)f this crime, and be thereof lawfully 
 convicted, shall be punished by imprisonment and labor in the 
 penitentiary, for any time not less than four years, nor longer 
 than seven years. 
 Inveigling §4267. Seo. LII. If any person shall forcibly, maliciously, or 
 dren— peni- fraudulently lead, take, or carry away, or decoy or entice away, 
 lye^ out of the limits of this State, or any county thereof, any free 
 white child under the age of twelve years, from its parent or 
 guardian, or against his, her, or their will or wills, and without 
 his, her, or their consent or consents, such person so oft'ending 
 shall be indicted for kidnapping, and on conviction shall be pun- 
 ished by imprisonment and labor in the penitentiary for any time 
 not less than four, nor more than seven years. 
 8^^w»8- ^ §4268. Sec. LIII. Any person who shall be guilty of the act 
 priMnment Qf stabbing another, except in his own defence, or other circum- 
 
 in Jail, or o ? r ' 
 
 lu'sT^l^^ stances of justification, with a sword, dirk, or knife, or other in- 
 
 ., strument of the like kind, shall, on conviction, be punished by a 
 
 fjK ifine not exceeding one thousand dollars, or imprisonment' in the 
 
 jcommon jail of the county, not to exceed six months, or fine and- 
 
 'imprisonment both, in the discretion of the court, or confinement 
 
H 
 
 PT. 4.— TIT. 1.— Penal Code. 827 
 
 Division 4. — Crimes and Offences against the Persons of Citizens or Individuals. 
 
 and labor in the penitentiary not less than one year nor more 
 j than two years ; Provided, always, that if such stabbing shall 
 produce death, the offender shall be gnilty of murder or man- 
 slaughter, according to the facts and circumstances of the case ; 
 or if such stabbing shall not produce death, and the facts and cir- 
 cumstances show that it was the intention of the person stabbing 
 to commit the crime of murder, then and in such case, the offen- 
 der shall be guilty of the offence of an assault with intent to com- 
 mit murder, 
 
 §4269. Sec. LIV. Any person who shall be guilty of the of- ghooting at 
 fence of shooting at another, free or slave, (except in his own de- ''°*'^^"- 
 fence or under circumstances of justification according to the prin- 
 ciples of this Code) with a gun, pistol, or other instrument of the 
 like kind, shall be punished by a fine not exceeding one thousand 
 dollars, and imprisonment in the common jail not less than twelve 
 months, or confinement in the penitentiary not less than one or 
 more than four years, in the discretion of the court. 
 
 § 4270. Sec. LV. If any person shall, by persuasion and prom- seduction, 
 ises of marriage, or other false and fraudulent means, seduce a 
 virtuous unmarried female, and induce her to yield to his lustful 
 embraces, and allow him to have carnal knowledge of her, such 
 person, on conviction, shall be punished by imprisonment and la- 
 bor in the penitentiary for a term not less than two nor longer 
 than twenty years. The prosecution may be stopped at any time 
 by the marriage of the parties, or a hona fide and continuing 
 offer to marry on the part of the seducer. 
 
 §4271. Sec. LVI. Any person who shall without provocation, usmg abn- 
 use to, or of another, and in his presence, opprobrious words, or^dneian-" 
 abusive language tending to cause a breach of the peace, or who^^^** 
 shall in like manner, use obscene and vulgar language in the pres- 
 ence of a female, shall be guilty of a misdemeanor, and on convic- 
 tion shall be fined or imprisoned at the discretion of the court. 
 
828 
 
 FT. 4.— TIT. 1.— Penal Code. 
 
 Division 5. — Crimes and Offences against the Habitations of Persons. 
 
 FIFTH DIVISION, 
 
 CRIMES AND OFFENCES AGAINST THE HABITATIONS OF PERSONS. 
 
 Section. 
 
 4272. Crimes against habitations. 
 
 4273. Arson. 
 
 4274. In a town. 
 
 4275. Elsewhere. 
 427G. Attempt. 
 
 4277. Out-housc not in town. 
 
 4278. Setting fire to. 
 
 Section'. 
 
 4279. Burning — what is. 
 
 4280. Setting fire — what is. 
 
 4281. Arson, day and night. 
 
 4282. Causing deatli. 
 428.3. Burglar}-. 
 
 4284. In the day. 
 
 4285. In the night. 
 
 Crimes 
 against! 
 tations.' 
 
 Arson. 
 
 §4272. Sec. I. Crimes against the habitations of individu- 
 ^f/°^8,'>^'- als shall consist of, 1st, Arson; and 2d, Burglary. 
 
 §4273. Sec. II. Arson is the malicious and willful burning of 
 the house or out-house of another. 
 Death If in §4274. Seo. III. Tlic wiUful and malicious buming, or Setting 
 a^dtj or Til- gj.g ^Q^ Qj. attempting to burn a house in a city, town, or village, 
 shall be punished with death. 
 S4275. Sec. IV. The willful and malicious burning of thedwel- 
 penitentiary linff-liouse of another on a farm or plantation, or elsewhere, (not 
 J nr in a city, town, or Tillage) shall be punislied by imprisonment and 
 ■1^:,,, ^ labor in the penitentiary for any term not less than live years, 
 
 * nor more than twenty years. 
 
 Attempt- § 4276. Sec. V. Setting fire to the dwelling-house of another, 
 TtS'^ye'l^^f' with intent to burn the same, on a farm, or plantation, or else- 
 where (not in a city, town, or village) shall be punished by im- 
 prisonment and labor in the penitentiary for a term not less than 
 three years, nor longer than seven years. 
 
 §4277. Sec. VI. The willful and malicious burning of an out- 
 ^ house of another, such as a bam, stable, or any other house (ex- 
 cept the dwelling-house) on a farm or plantation, or elsewhere, 
 (not in a city, town or rillage) shall be punished by imprisonment 
 and labor in the penitentiary for any term not less than two years 
 nor more than seven years. 
 
 §4278. Sec. VII. Setting fire to an out-house of anotlier, as 
 described in the preceding section, shall be punished by imprison- 
 ment and labor in the penitentiary for any term not less than one 
 year nor more than three years. 
 
 §4279. Sec. VIII. The crime of burning shall be complete, 
 where the house is consumed or generally injured. 
 
 Barnina; of 
 an oat-bonse 
 not in town. ■ 
 
 Setting fire 
 tosachout- 
 hoasc. 
 
 What shall 
 be burning. 
 
PT. 4.— TIT. 1.— Penal Code. 829 
 
 Division 5. — Crimes and OfTences against the Habitations of Persons. 
 
 § 4280. Sec. IX. The offence of setting fire to a house shall be what shaii 
 complete, when any attempt is made to burn it, though no mate- fire. 
 rial injury is the consequence. 
 
 §4281. Sec. X. Arson in the day time (except in a city, town. Arson in the 
 or village) shall be punished by a shorter period of imprisonment nf|hMhnc. 
 and labor than arson committed in the night. 
 
 § 4282. Sec. XI. Arson which produces the death of any per- Ars«n cans- 
 son, shall be punished by the death of the person or persons com- '"^ 
 mitting the arson. 
 
 § 4283. Sec. XII. Burglary is the breaking and entering into burglary. 
 the dwelling or mansion-house of another, with intent to commit 
 a felony. All out-houses contiguous to, and within the curtilage 
 or protection of the mansion-house, shall be considered as parts 
 of the mansion or dwelling-house. A hired room or apartment May be in 
 in a public tavern, inn, or boarding-house, shall be considered as 
 the dwelling-house of the person or persons occupying and hiring 
 the same. Burglary may be committed in the day or night. 
 
 §4284. Sec. XIII. Burglary in the day time, shall be punish- in ti^e day— 
 
 ,.. . iii'i ■ . penitentiary 
 
 ed by miprisonment and labor m the penitentiary tor any time ^ to 5 years. 
 not less than three years, nor longer than five years. 
 
 § 4285. Sec. XIY. Burglary in the night shall be punished by in the night 
 J^?oQmprisonment and labor in the penitentiary for anytime not less ^ *° "° ^'"' 
 than four years, nor longer than twenty years. ■ 
 
830 
 
 FT. 4.— TIT. 1.— Penal Code. 
 
 Division 6. — Of Crimes and Offences relative to Property. 
 
 SIXTH DIYISIOK 
 
 OF CRIMES AND OFFENCES RELATIVE TO PROPERTY. 
 
 Section. 
 
 4286. Robbery. 
 
 4287. By force. 
 
 4288. By fear. 
 
 4289. Larceny. 
 
 4290. Simple larceny. 
 
 4291. Of horse. 
 
 4292. Indictmenu 
 4203. Punishment. 
 4294. Of cattle. 
 4^95. Indictment. 
 
 4296. Punishment 
 
 4297. Of hof?3. 
 
 4298. Punishment. 
 
 4299. Other animals. 
 
 4300. Altering marks. 
 
 4301. Larceny of deeds, 4c. 
 
 4302. Of bonds, notes, Ac. 
 
 4303. Of fixtures. 
 
 4304. From distressed ressels. 
 
 4305. Of a slave. 
 
 4306. Giving pass feloniously. 
 
 4307. Other larcenies. 
 
 4308. Larceny from the person. 
 
 4309. Penitentiary. 
 
 4310. Secret taking. 
 
 Seotiok. 
 
 4312. Punishment. 
 
 4313. Entering with intent. 
 
 4314. Breaking with intent. 
 
 4315. Breaking and entering. 
 
 4316. Public buildings. 
 
 4317. Hut, tent, kc. 
 
 4318. Public or bank offices. 
 
 4319. Bailee — fraudulently convertiiig. 
 
 4320. Clerk^ agents, kc. 
 
 4321. Any other agent. 
 
 4322. Violating bank charter. 
 
 4323. Presumption against officers. 
 
 4324. Bank insolvency. 
 
 4325. Fraudulent transfers. 
 
 4326. Purchasing at discount. 
 
 4327. Fraudulent dividends. 
 
 4328. Purchasing shares, Ac. 
 
 4329. Unlawful mining. 
 
 4330. Erecting machinery. 
 
 4331. Embezzling county funds. 
 
 4332. Interference with burying-grouads. 
 
 4333. Fraudulent Levies. 
 
 4334. Intruding on railroad. 
 
 4335. Obstructing, ikc., railroad. 
 
 4336. Injuring telegraph. 
 
 4311. Larceny from house. 
 
 8 4286 Sec\ I. llobbery is the wrongful, fraudulent and vio- 
 
 of robbery. |q,^|- takln"" of monej, goods or chattels, ironi the person ot 
 
 another l)y force or intimidation, without the consent of the 
 
 owner. 
 
 § 4287. Sec. II. Robbery by open force or violence, shall be 
 punished by imprisonment and labor in the penitentiary for any 
 time not less than four years nor longer than twenty years. 
 
 § -4:288. Sec. III. Robbery by intimidation, or without using 
 force and violence, shall be punished by imprisonment and labor 
 in the penitentiary for any time not less than two years nor 
 longer than live years. 
 
 §4289. Sec. IV. Larceny, or theft, as contradistinguished 
 from robbery by violence, force or intimidation, shall consist of 
 —1st. Simple theft or larceny ; 2d. Theft or larceny from the 
 person; 3d. Theft or larceny from the house ; 4th. Theft or lar- 
 ceny after a trust or confidence has been delegated or reposed. 
 
 By force and 
 violence— 
 penitentiary 
 4 to 20 years. 
 
 By intimida- 
 tion— 2 to 5 
 years. 
 
 Ttie several 
 kinds of lar- 
 
PT. 4.— TIT. 1.— Penal Code. 831 
 
 Division 6. — Of Crimes and Offences relative to Property. 
 S4290. Sec. V. Simple theft, or larceny, is the wrono:ful and simple ur- 
 
 " ~ cell 7. 
 
 fraudulent taking and carrying away, by any person, of the per- 
 sonal goods of another, with intent to steal the same. The thief 
 may be indicted in any county in which he may carry the goods 
 stolen. 
 
 §4291. Sec. VI. Horse stealing shall be denominated simple or horseB. 
 larceny, and the term "horse" shall include mule and ass and 
 each animal of both sexes, and without regard to the alterations 
 whicli may be made by artificial means. 
 
 §4292. Sec. YII. The offence shall in all cases be charged as n^^ char- 
 simple larceny, but the indictment shall designate the nature, ^^i*"^ *'*■*' 
 character and sex of the animal, and give some other description 
 by which its identity may be ascertained. 
 
 § 4293. Sec. YIII. The stealing of a horse, mule or ass, shall rnnishmeni 
 be punished by confinement and labor in the penitentiary for any j(i 
 time not less than two years nor longer than five years — and the 
 
 stealing of more than one of these animals at the same time, I'y Jf \ 
 shall be punished by confinement and labor in the penitentiary f 
 
 f *''-' c t1 '^^ 
 
 7.»- 
 
 Buau oe punisnuu \y^ connuemeni ana laoor m tne penitentiary ^ f~ Q. ^^ / 
 for any time not less than six years nor longer than fourteen) ; ^ ^ )/ 
 years. — 
 
 §4294. Sec. IX. Cattle stealing shall be denominated simple cattiesteai- 
 larceny, and be so charged in the indictment, and shall include '"^' 
 the theft or larceny of any horned animal or animals, and all 
 animals having the hoof cloven, except hogs. 
 
 §4295. Sec. X. The indictment shall sufficiently describe the indictment. 
 animal or animals falling under the description of cattle in the 
 preceding section, so that it or they may be ascertained and 
 identified by the owner or owners thereof. 
 
 ^^§4296. Sec XI. The stealing of one or more animals falling p„„i,hnKnt 
 
 / /under the above description of cattle, if the value does not ex- 
 
 K ceed the sum of twenty dollars, shall be punished by tine and 
 
 ^ imprisonment in the common jail of the county for any time not 
 
 \ longer than six months, at the discretion of tlie court — but if the 
 
 , ^, value of the animal or animals stolen exceeds the sum of twenty 
 
 -'vdollars, the person convicted shall be punished by imprisonment 
 
 and labor in the penitentiary for any time not less than one 
 
 1 year nor longer than four years. 
 
 ' § 4297. Sec. XII. The stealing of a hog or hogs is simple lar- „„„ gj^^,. 
 ceny, and shall be so charged in the indictment ; and the hog or *"^-^ 
 hogs so described that it or they may be identified by the owner. 
 
832 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 6. — Of Crimes and Offences relative to Property. 
 
 Punishment §4398. Sec. XIII. The punishment of hog stealing, if the 
 hog or hogs stolen do not exceed the value of twenty dollars, 
 shall be fine and imprisonment in the common jail of the county 
 ' Mi^^^^- for any time not exceeding six months, at the discretion of the 
 f^ y^ court — but if the value of the hog or hogs stolen exceeds the 
 
 sum of twenty dollars, the person convicted shall be punished 
 by imprisonment and labor in the penitentiary for any time not 
 less than one year nor longer than three years. 
 
 other ani- §4299. Seo. XIV. All Other domestic animals which are fit 
 
 ™*''' for food, and also a dog, may be subjects of simple larceny — and 
 
 any person or persons who shall steal any such animal or ani- 
 mals, shall be punished by fine and imprisonment, or fine or im- 
 prisonment in tbe common jail of the county, at the discretion of 
 the court. 
 
 Altering "^ 4300, Sec. XV. If any person or persons shall mark and 
 
 brands or ^ , • i • i , x- • i 
 
 marks, sanio jjraud, or mark or brand any animal or animals ueiore mentioned, 
 or alter or change the mark or marks or brand or brands of any 
 such animal, being the property of another, with an intention to 
 claim or appropriate the same to his or her own use, or to pre- 
 vent identification by the true owner or owners thereof, the per^i 
 son or persons so oftending shall be guilty of a misdemeanor, and 
 . on conviction shall suffer the same punishment as is inflicted for 
 ' the theft or larceny of said animal or animals. 
 Larccnyof"^ §430l. Sec. XVI. If any pcrson shall take and carry away 
 
 deedsor pa- ^ , , / \,, , . . , , -^ •'- 
 
 pers— poni- auv papcr, docuiiient, deed, will or other writin<r, relating to real 
 
 tentlary 1 to •' ^ ' . . . . . ' 
 
 3y«arB. qj. personal estate, with an intention to im})air, prevent, or render 
 ditficult the establishment of a title to real or personal estate, or 
 mutilate, cancel, burn or otherwise destroy said paper, document, 
 deed, will or other writing, with the intention aforesaid, such 
 person shall be guilty of simple larceny, and be punished by im- 
 prisonment and labor in the penitentiary for any time not less 
 than one year nor longer than three years. 
 Larceny of §4302. Sec. XVII. If any person shall take and carry away 
 i^"— peni-*'any bond, note, bank bill or due bill, or paper or papers securing 
 ^4yl-ari * the payment of money or other valuable thing, or any receipt, 
 acquittance, or paper or papers operating as a discharge for the 
 payment of money or other thing belonging to another, with in- 
 tent to steal the same, such person shall be guilty of simple lar- 
 ceny, and be punished by imprisonment and labor in the peni- 
 tentiary for any time not less than one year nor longer than four 
 years. 
 
PT. 4.— TIT. 1.— Penal Code. 833 
 
 Division 6. — Of 'Crirries and OflFencea relative to Proporty. 
 
 , § 4303. Sec. XVIII. Theft or larceny may be committed of of flrturea. 
 any thing or things which, in the language of the law, savors ot 
 the realty, or of ^ny fixture or fixtures; and the punishment 
 shall be by fine or imprisonment in the common jail of the coun- 
 ty, or both, at the discretion of the court. 
 
 § 430i. Src. XIX, Plunderingor stealing any article of value Plundering 
 from a vessel in distress, or from a wreck, or any other vessel, fro^ ^ 
 boat, or water-craft, within the jurisdictional limits of this State, Iist^easedi' 
 is simple larceny, and shall be punished by imprisonment and^*'*^* 
 labor in the penitentiary for any time not less than one year, nor 
 longer than five years. 
 
 § 4305. Sec. XX. The stealing of a slave is simple larceny, s\e»Hng a 
 and shall be punished by imprisonment and labor in the peniten- 
 tiary for any time not less than four years, nor longer than ten 
 years. 
 
 § 430G, Si:c. XXI. Any person who shall, by any enticement, QiviKir pass 
 
 ■, . . I , ' 'i ^ '" '^ slave 
 
 or by givmg a pass, or by any other means, mduce a slave to run feloniously, 
 away from his or her owner, with the intention to sell said slave, 
 or otherwise appropriate the said slave to his (the offender's) own 
 use, or the use of any other person, and thereby to deprive the 
 owner of the tlic use and services of said slave, shall be guilty of 
 simple larceny, and, on conviction, shall be punished by impris- 
 onment and labor in the penitentiary for any time not less than 
 four years nor longer than ten years. 
 
 "^ 4307. Sec. XXII. All simple larcenies or thefts of the per- other larce- 
 sonal goods of another, not mentioned, or particularly designated"'**' 
 in this Code, shall be punished by imprisonment in the common 
 ^ jail of the county for any time not longer than one year; Pro- 
 ; mded, the thing or things stolen do not exceed the value of twen- 
 ty dollare; but if they do exceed in value the sum of twenty 
 dollars, then the person convicted of such larceny, shall be pun- 
 dished by confinement and labor in the penitentiary for any time 
 /not less tlian one year, nor longer than five years. 
 
 §4308. Siix;. XXIII. Tlieffc or larceny from the person as distin- Larceny 
 guished from robbery before described, is the wrongrful and fraud- p'*™"" 
 ulent taking oT money, goods, chattels, or effects, or any article 
 of value from the person of another, privately, without his knowl- 
 edge, in any place whatever, with intent to steal the same. 
 I f 4309. Sec, XXIY. A person convicted of this class of lar- ponif^ntia- 
 ccny, shall be punished by imprisonment and labor in the peni- fll«7«'^ 
 tentiary for any time not less than two years, nor longer than 
 53 
 
834 
 
 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 4. — Of Crimea and Offenoea Eolati\re to Property. 
 
 ^"^ 
 
 r' 
 
 Lanx'nv 
 from Uio 
 h<'iift<.<. 
 
 
 \' 
 
 VV 
 
 u\ 
 
 five years; and if the offence was committed in a public pla<je, 
 or where many persons are assembled, it shall be conbidored as 
 greatly adding to the criminality of the act, and the punishment 
 shall be increased in consequence thereof, but in no case to ex- 
 ceed live years. 
 
 Whfit8<rrpt, «) 4310. Siic. XXV. Any sort of secret, sudden, or wioncrful 
 incKhiiUtK? taking irom the person with the intent described m the twentv- 
 third section of this division, without using intimidation, or open 
 force and violence, shall be within thi.-^ class of larceny, though 
 some small force be u-^ed by the thief to po.«s-ess hiniK'lf of the 
 property; Provided^ there be no resistance by the nwiM r, or in- 
 jury to his person, and all tlio circumstances of the cjise show 
 that the thing was taken, not so much against as wii lout the 
 consent of the owner. 
 
 *$ 4311. Sko. XXVI. Larceny from the house is the lueaking, 
 or entering any house with an intent to steal, or after breaking 
 or entering said house, stealing therefrom any money, goods, 
 chhttels, warort, merchandize, or any tiling or things uf vahie 
 whatever. 
 Punifchin^nu! §4312. Sko. XXVII. A iiv persoii wlio, by (biy or night , shall 
 in any dwelling-house, store, sho}> or warehouse, or any other 
 house or buihiing, ])rivately luteal any goodn, money, chattels, 
 wares or merchandize, or any other article or thing of valne, 
 shall be punished by imprisonment and labor in the ]»eniteiitiary 
 < for any time not less than two \ears, nor longer than five years. 
 Punishment [~ ^ 4313. 8eo. XXVIII. Anyper.xni entering a dwelling bouse, 
 wTrh"iiI^.^ut store, shoj), or warehouse, or any other house or buildii'g, with 
 intent to steal, but who is detected and prevented from so doing, 
 shall bc])nnisbed by iiiipri>f)nmeijt and labor in the penitentiary 
 for any time noi less than one year, nor longer than tliree.years. 
 J^ 4314. Sec. XXIX. Any person breaking any dwelling-bouse, 
 store, shoj), or warehouse, or any other house or building, with 
 intent to steal, but who is detected and prevented from ejecting 
 such intention, shall W [»uni^hed by imprisonment and lalior in 
 the penitentiary for any time not leh> tlian otie year, nor longer 
 than three years; but if the owner of said buildiirg, or any otlier 
 per84m be in the bouse at the time of such breaking, and be put 
 in fear, then the said offender shall '>e punished by imprisonment | 
 Hud labor in the p-uitetitiary for any time not less tban two^ears 
 nor longer than live years. 
 
 t* eteal. 
 
 l^•■■■ 
 
 Br^nVinR 
 «lih 8iich 
 
PT. 4.— TIT. 1.— Penal Codb. 835 
 
 Division 6. — Of Crimea and Offencoa relative to PrQpeftj- 
 
 §4315. Sec. XXX. Any person breaking and entering any J^'^^^'^^j 
 house or building, (other than a dwelling-house or its appurten- 
 ances) with intent to steal, but who is detected and prevented 
 from carrying such intention into effect, shall be punished by im- 
 prisonment and labor in the penitentiary for any time not less 
 than two years nor Jon^er than tour years. And any person eni<»ingMiti 
 ^. breaking and entering any such house or building, and stealing 
 tlierefroui any money, goods, chattels, wares, or mcrchandi;^e, or 
 ; any other thing or article of value, shall be punished by impris- 
 onment and labor in the penitentiary for any time not less than 
 three years, nor longer than five years. But if b.uc1i breaking, 
 entering and stealing, be accompanied by any violence, menace, 
 or threat, or by alarming and putting in fear any person in said 
 , house, then the imprisonment and labor shall not be less than 
 I four years. 
 
 § 4316, Sec. XXXI. Any house, bnildinjr, or edifice belons:infi:i'"»>''o»>""<^- 
 
 " 1 J Oinssinolud- 
 
 to the btate, or a corporate body, or appropriated to public wor- ^i 
 ship, or any other public purpose, shall be taken and considered 
 as a house or building within which tlii.s class of larceny may be 
 committed, 
 v / § 4317. Sec. XXXII. Any person entering and stealing from hik, toet, 
 .f any hut, tent, booth, or temporary building, shall be punished by *""■ 
 ^ imprisonment and labor in the penitentiary for any time not less 
 |than one year nor longer than four years. 
 
 §4318. Sec. XXXIII. Any office)-, servant, or other person Pi^sonac^ja- 
 employed in any public department, station, or office of govern- pu'biH) o'&- 
 ment of this State, or any county, town, or city of this State, orb^nks8t«rf- 
 in bank or other corporate body in this State, or any president, b^MiTng'^'a. 
 director, or stockholder of any bank, or other corporate body in i'r«i.wty. 
 this Slate, who shall embezzle, steal, secrete, fraudulently take and 
 carry away any money, gold or silver bullion, note or notes, bank 
 bill or bills, bill or bills of exchange, warrant or warrants, bond 
 or bonds, deed or deeds, draft or drafts, check or checks, security 
 or securities for the payment of money or delivery of goods, or 
 other things, lease, will, letter of attorney, or other sealed instru- 
 ment, or any certificate or other public security of the State f(>r 
 the payment of money, or any receipt, acquittance, release, or 
 discharge of any debt, suit, or other demand, or any transfer or 
 assurance of money, stock, goods, chattels, or other property, or 
 any day-book, or other book of accounts, or any agreement or 
 contract whatever, such person so offending, shall, on conviction 
 
836 PT. 4.— TIT. 1.— Penal Code. 
 
 Division. 6 — ^Of Crimes and Offences relative to Property. 
 
 be punished by imprisonment and labor in the penitentiary for 
 any time not lees than two years nor longer than seven years. 
 frfud^'nti § 4319. Sec. XXXIV. If any factor, commission merchant^ 
 ^^^^J"^^),"gS^j. warehouse-keeper, wharfinger, wagoner, stage-driver, or other 
 proceeds, common carrier on land or water, or any other bailee, with whom 
 any money, bank bill or bills, note or notes, bill or bills of ex- 
 change, draft or drafts, check or checks, l^ond or bonds, or other 
 security or order for the payment of money, or other valuable 
 thing, or any cotton, corn, or other produce, goods, wares, or 
 merchandize, or any other thing or things of value, are or may 
 be entrusted or deposited by any person, shall fraudulently con- 
 vert the same, or any part thereof, or t;Jie proceeds of any part 
 thereof, to his or her own use, or otherwise dispose of the same 
 or any part thereof, without the consent of the owner or bailor, 
 and to his or her injury, and without paying to such owner or 
 bailor, on demand, the full value or market price thereof; or if, 
 after a sale of any of the said articles, with the consent of the 
 owner or- bailor, such person shall, fraudulently and without the 
 consent of the said owner or bailor, convert the proceeds thereof, 
 or any part of the said proceeds, to his or her own use, and fail 
 or refuse to pay the same over to euch owner or bailor on de- 
 mand, every such person so <»ffending shall, on conviction, be 
 punished by imprisonment and labor in the penitentiary for any 
 time not less than two years, nor longer than seven years. 
 oierkB. ^ 4:320. Skc. XXXV. If any person employed as a clerk, 
 
 frami.u*i'tiy agent, or servant, or in any other character or capacity in any 
 wM.vmi'i.'i store, warehouse, counting-room, exchange office, sliop, or other 
 tru'sfud'^ place of trade, trafiic, or exchange where, from the nature of the 
 *'"''"■ busines:? or employment, it is necessary or usual to entrust to such 
 person any goods, wares, or merchandize, cotton, corn, or other 
 produce, money, notes, bilk of exchange, bank notes, checks, 
 drafts, ordei-s for payment of money, or other valuable thing, or 
 any other thing or article of value, shall fraudulently take aud 
 carry away, or convert to his own use, or otherwise dispose of 
 any of the said goods, wares, or merchandize, cotton, corn or 
 other produce, money, notes, bills of exchange, bank notes, checks, 
 drafts, orders or other thing or things of value thus entrusted to 
 him, or committed to his charge, to the injury and without the 
 consent of the owner thereof, or person thus entrusting him ; 
 such person so offending shall, on conviction, be punished by 
 
PT. 4.— TIT. 1.— Penal Code. 887 
 
 Division G. — Of Crimes and Ofifences relative to Propertj'. 
 
 imprisonment end labor in the penitentiary for any time not less 
 than one year, nor longer than five years. * 
 
 f §4321. Sec. XXXYI. If any person who has been entrusted Aayoth«r 
 by another with any money, note or notes, bill or bills of ex- offending, 
 change, bond or bonds, check or checks, draft or drafts, bank 
 note or notes, order or orders for the payment of money, or oth- 
 ■er valuable article or thing, or any cotton, corn, or other pro- 
 duce, goods, wares, or merchandize, horse or horses, mule or 
 mules," cattle, sheep, goats, hogs, or other article or articles of 
 value, for the purpose of applying the same for the use or bene- 
 fit of the person to whom they belong, or the person delivering 
 them, or any of them; or for the purpose of collecting mon- 
 ey or other thing due on any such note or notes, bill or ])ills of 
 exchange, bond or bonds, check or checks, draft or drafts, bank 
 note or notes, or order or orders, and paying the ])roceeds there- 
 of over to tlie owner or other person so entrusting or delivering 
 the same; or for the purpose of selling such cotton, corn, or oth- 
 er ])roduce, gdods, wares, or merchandize, horse or horses, mule 
 or mules, cattle, sheep, goats, hogs, or other valuable article, and 
 paying over the proceeds of such sale to the owner, or other per- 
 son so entrusting or delivering the said article or articles, or 
 any of them, or the money, or other thing aridng from the 
 sale or collection of any of them, to his or her own \ise, or 
 shall otherwise dispose of them, or any <A' them, to the injury 
 and without the consent of the owner, or other ■i)crson so en- 
 trusting or delivering them, and without paying to sucli owner 
 or peraon entrusting or delivering the same the full value or mar- 
 ket price 'thereof, such person so oft'ending shall, on conviction, 
 be punished by imprisonment and labor in the penitentiary for 
 \ any time not less than one year, nor longer than five years. 
 
 I 4322. Seo. XXXVII. Any president, director, or other offi- Bank officers 
 cer of any chartered bank in this State, who shall violate or belharter.^*^* 
 concerned in violating any provision of the charter of such bank 
 shall be guilty of a high misdemeanor, and, on indictment and 
 conviction thereof, shall be punished by imprisonment and labor 
 in the penitentiary for any term not less than one year, nor long- 
 er than ten years! 
 
 ^4323. Sec. XXXVIII. Every president, director, or other rresump- 
 ofiicer of any chartered bank in this State, shall be deemed to suThc^ce™. 
 possess such a knowledge of the affairs of the corporation, as to 
 enable him to determine whether any act, proceeding or omia- 
 
83^ PT. 4.— TIT. 1.— Pei^al Code. 
 
 Division 6. — Of Crirrtea and Offences relative to Propert}'. 
 
 Ac. 
 
 sion, is a violation of the charter. And every president and di- 
 rector wiio snail be present at a meeting when such violation 
 shall happen, shall he deemed to have concurred therein, unless 
 he shall, at the time, cause, or in writing require, his dissent 
 therefrom to be entered at large on the minutes of the board. 
 And every president and director not present at any meeting, 
 when such violation shall take ])lace shall, nevertheless, be deem- 
 ed to have concurred therein, if the facts constituting such vio- 
 lation appear on the bookfi of the corporation and he remain a 
 director for three! months thereafter, and do not, within that time 
 cause, or in writing require, his <h'ssent from such illegal proceed- 
 ing to be entered at large on the minutes of the board. ' 
 ISowy" ^"^'^24. Sec. XX XIX. Every insolvency of a cliartered bank, 
 "kemSd ^^ refusal, or failure to redeem its bills on demand, either with 
 specie or cnrreut hank bills parsing at par value, shall be deemed 
 fraudnlodt, utid the president and direc?tors may be severally in- 
 dicted lor a misdemeanor, and on conviction, shall be jninished 
 by imprisonment and labor in the penitentiary fur any time not 
 less than one year, nor longer tlian ten years; Provld^d^ never- 
 t/Lel€s.s\ that the defendant may repel the presumption of fraud, 
 by showing that the affairs of the bank have been fairly and le- 
 gally administered, and generally with the same care and dili- 
 gence that agcTit* receiving a cammiesion tor their services are 
 required and hound by law to observe; and, \ipon such showing, 
 the jury shall acijuit the prisoner. 
 
 § 4825. Sicc. XL, All conveyances, ussignments, transfers of 
 *c^?BCi«A *^^'^'^K effects, or other contracts made by any bank in conttmpla- 
 ti'jn of insolvency, or after insolvency, except for the benefit of 
 ;U1 the creditors and stockholders of said bank shall, unless made 
 to an innocent purchaser lor a valuable consideration, and with- 
 out knowledge or notice of the condition of said bank, be fraud- 
 ulent and void. And the president, directors, and other ofiicera 
 of said bank, or any of them, making or consenting to the mak- 
 ing of sucli conveyance, ai*signment, transfer, or contract, wheth- 
 er the same be made to an innocent purchaser or any other, shall 
 severally l>e guilty of a misdemeanor, and, on indictment and 
 conviction thereof, shall be punished by imprisonment and labor 
 in the penitentiary lor any time nc>t less than four years, nor long- 
 er than ten vear^. 
 
 Carteln 
 transfei 
 ftcof B 
 
 frMidnlont. 
 
FT. 4.— TIT. 1.— Penal Code. 839 
 
 Division 6— Of Crimea and Offences relatiye to Property. 
 
 § 4326. Sec. XLI. If any president, director, officer or agent B«k^.« 
 of any bank shall, by himself or agent, or in any other manner, ^>fw^r at 
 either for himself or for the bank, directly or indirectly pur- 
 chase, or be interested in the purchase of any bill, or check, or 
 other evidence of debt issued by the said bank, for a less sum 
 than shall appear then due on the face thereof, such person so 
 offending, shall be guilty of a misdemeanor, and, on indictment 
 and conviction thereof, shall be punished by imprisonment and 
 labor in the penitentiary for any time not lose than four years, 
 nor longer than ten years. 
 
 *^ 4327. Sec. XLII. No dividends shall be made by any bank, peciaring 
 
 " ^ . . frMidulent 
 
 except from the net profits arising from the business of the cor- duideiids. 
 poration ; and if any president and directors shall declare, or 
 pay over any dividend from the capital stock, or any other funds 
 of the bank, except the net profits thereof, such president and 
 directors shall, severally, be guilty of a misdemeanor, and, on 
 indictment and conviction thereof, shall he punished by confine- 
 ment and labor in the penitentiary for any time not less than 
 one year, nor longer than ten years. 
 
 § 4328. Sec. XLIII. If the president and directors of any pnrchasinK 
 bank, or any of them, shall use and apply any part of the capital capuaut««k 
 stock of such bank to the ])urchase of phares of its own stock, 
 ■ such president and directors shall be guilty of a misdemeanor, and 
 on indictment and conviction thereof, shall l)e punished by im- 
 prisonment and labor in the penicentiary for any time not less 
 than one year, nor more than ten years. 
 
 § 4320. Sec. XLIV. If any person shall dig or take and carry uniawftiii 
 away from the land of another, any gold, bullion, silver, or ether "'^"'^* 
 metallic substance, with intent to appro])riatc the same to his, or 
 her own use, without having previously obtained permission of 
 the owner of such land so to do, he or she shall be guilty of a 
 misdcmeauor, and iipuu conviction, shall be punished with fine 
 or impritionment in tiie common jail, or both, at the discretion of 
 the court. 
 
 §4330. Sec. XLV. If any person shall erect or use any ma- Erection «r 
 chinery for the purpose oi' procuring gold or other metals from ehiSer^to 
 the land of another, with intent to appropriate" the same to his ^'"'**^'"^^^** 
 or her own use,. or for any other person whatsoever, without the 
 j-)ermission of the owner of the land or liis agent, he or she shall 
 be guilty of a high misdemeanor, and upon conviction shall be 
 
840 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 6, — Of Crimes and OfiFences relative to Property. 
 
 punished by fine or imprisonment in the common jail, or both, 
 at the discretion of the court. 
 EmbezzDDg § 4331. Sec. XLYI. Auv Clerk of the Inferior Court or Coun- 
 
 of county ^ • o 
 
 ftmda ty Treasurer of any county in this State, who shall divert, misap- 
 ply, embezzle or conceal any money belonging to the county of 
 which he is such Clerk or County Treasurer as aforesaid, with 
 intent to appropriate the same to his own use, shall be guilty of 
 a misdemeanor, and upon conviction, shall be punished with fine 
 or imprisonment in the common jail, or both, at the discretion of 
 the court, and shall moreover be removed from office; and on the 
 trial of such defendant, proof of his having failed or refused to 
 make an exhibit to the grand jury of the county of which he is 
 such Clerk or County Treasurer, at tiie Superior Court iir^t held 
 in each year in said county (unless prevented by Providential 
 cause) a full and complete statement of the county funds, us re- 
 (|uired by law, received by hira during the ])recoding year, shall 
 be deemed prim/i facie evidence of guilt and throw the burden 
 ol,' proof on the defendant. The prosecuting officer on the trial 
 of any indictment founded on this clause, shall not be required to 
 identify the money, coin or bank bills, or other ])ropcrty iiiisap- 
 plied, embezzled or concealed ; but in all cases, an allegation that 
 any sum of money or evidence of debt has been received by the 
 defendant, belonging to the county, and that he fails or refuses 
 to account for the same, if ])roved, shall authorize a conviction, 
 unless the defendant shall set uji and t-ustain a valid and legal 
 defence to the charge, 
 interfmmx' § 4332. Sec. XLVll. Any person, wiio by himself, his agent, 
 bn^"'***or servants, shall mutilate or in any wise injure or destroy any 
 private burying ground, which has been reserved in jj)iy private 
 or public sale of the surrounding land, shall be guilty of a mis- 
 demeanor, and on conviction, shall be fined in a sum I'ot exceed- 
 ing five hundred dollars, or imprisoned in the common jail, not 
 exceeding six monthip. 
 
 § 4333. Sec. XLYIII. Any person who shall fraudulently 
 cause any process, attachment, distress, or execution to be le^^ed 
 on any estrayed animal, or any lot or lots of laud, or other pro- 
 perty, knowing the same not to be subject to such process or 
 writ, shall be guilty of a misdemeanor, and on conviction for the 
 first ofience, shall be fined or imprisoned, or both, at the discre- 
 tion of the court; and on any subsequent conviction shall be sen- 
 
 gr»and8. 
 
 Franduleot 
 levies on 
 property. 
 
PT. 4.— TIT. 1.— Penal Code 841 
 
 Diyiaion 6. — Of Criimes and Oflfenees relative to Property. 
 
 tenced to labor in the penitentiary not less than two nor longer 
 than four years. 
 
 § 4334. Sec. XLIX. Any person intruding unlawfully ^pon^*™^^"" 
 the constructed track ef any chartered railroad company of this tracks. 
 State, or the State railroad, contrary to the will of the company or 
 Superintendent, shall be guilty of a misdemeanor, and upon con- 
 viction, fined or imprisoned, or both, at the discretion of the 
 court. 
 
 § 4335. Sec, L. If any person shall willfully and maliciously Distroying 
 
 ■1 . 1 1 . • ' -I . injuring or 
 
 destroy, or m any manner hurt, damage, miure or obstruct, or obstructing 
 shall willfully and maliciously cause, or aid and assist, or counsel 
 or advise any other person or persons to distroy, or in any man- 
 ner to hurt, damage, or injure, or obstruct any such railroad, or 
 any branch thereof, or any bridge connected therewith, or any 
 vehicle, edifice, right or privilege granted by charter, and con- 
 structed for use under authority thereof; or if an}' unauthorized 
 person or persons shall turn, move, or inany manner interfere or 
 meddle with any gate, switch, sideling, or other appurtenances to 
 any such railroad, such person so offending, shall be guilty of fel- 
 ony ; and on conviction, shall be imprisoned in the penitentiary 
 not less than four, nor longer than eight years. If death ensues 
 from such act to any person, the offender shall be guilty of mur- 
 der, and punished accordingly. This penalty shall in no case in- 
 terfere Avitli th.e offenders liability to civil damages. 
 
 § 433(). Sec. LT. If any person shall willfully destroy, damage, interference 
 
 ... . /»'<'' • wilh magnet 
 
 or m any way inpire the posts, .wires or fixtures of any magnetic ic telegraph 
 telegraph company in this State, he shall be guilty of a misde- 
 menor, and on conviction, shall be fined or im])risone(l, or both, 
 at the discretion of the courl:. 
 
844 • PT. 4.— TIT. 1.— Penal Code. 
 
 DiviRKJti 1. — Forging and Counterfeiting and Unlawful Currency. 
 
 SEVENTH DIVISION. 
 
 KORCKRY AND (OllNTKRFErnNrr AND UNLAWFUL CURRKNCY. 
 iSkotion. .Section. 
 
 4337. Olficial ccrtillL^aU^s, <tc. 
 
 4338. Counterfeiting eoiti. 
 4330. Bank notOH. 
 
 4340. }}ank check or ilryl't. 
 
 4346. Any othf^r writing. 
 
 4347. Forged jiublvo seol. 
 
 4348. Using fictitioiiB name, 
 
 4349. Personating another. 
 
 4341. Altering bank nolo. 4350. Bu>-ing under nUsp, letters, &c 
 
 4342. Knowingly utli^ring. 
 
 4343. Po?KO.S!<ing to paPR. 
 
 4344. ros80!<sing implemonlH. 
 434.'). Fory-ing notes, hillrt, &c 
 
 '1351. lesuing, kc unlawful currency. 
 -1352. Each bill — new ofTeniyt. 
 43d3. Duty ol grand jury. 
 ■1354. Dispo^^ition of lim;. 
 
 offi^Soer-^ §4337. Skc. I. If any j^fiivsaii or pei'isong sliall falsely and 
 ti eates, '■•fj-audulently make, forge, alter or counterfeit, or cause or procure 
 to be talsely and fraudulently made, forged, altered or counter- 
 feited, or willingly aid (jr a>>si8tin f^iUely and fraudulently making 
 forging, altering or counterfeiting any audited certiticateor other 
 certificate issued or purporting to have been issued by the Auditor 
 General, or otlier ofhcer authorized to issue the same, or any order 
 or warrant issued or purporting to have been issued by the Gover- 
 nor, or the President of the Senate, or Speaker of the House of 
 Kepre.*entatives of the (ileneral Assembly of this State, or by any 
 officer of the Government, or authorized person, on the Treasury 
 of said State, for any money ov other thing, or any warrant for 
 land issued or ptu-porting to have been issued by the justices of 
 any laud (;ourt, or by any other ii-ibunal, officer or person, au- 
 thorized to do so, witliin this State; or any certificate, draft, 
 warrant or order, from any of the public officers of this State, 
 issued or purporting to have been issued under or by virtue of an 
 act or resolution of the General Assembly of this State ; or any 
 certificate, draft, order or warrant, issued or purporting to have 
 been issued by any court, officer or person authorized to draw oa 
 the Treasury of this State, or for public money, wherever the 
 same may be deposited ; or any deed, will, testament, bond, writ- 
 ing obligatory, bill of exchange, promissory note, or order for 
 money, or goods, or otlier things of value, or any acquittance or 
 receipt, or any endoi-sement or assignment of any bond, writing 
 obligatory, bill oi excliange, promissory note, or, order for money 
 or goods, or other thing or things of value, with intent to de- 
 fraud the said State, public officer or officers, courts, or any 
 pecsojis aulhorized,or'any, person .or persons -whatever] or shall 
 
PT. 4.— TIT. 1.— Penal Code. 843 
 
 DiviHiQD 7.— Forging and Cownterfeiting and Unlawful Currency. 
 
 Utter or pablish as true any false, fraudulent, forged, altered or 
 counterfeited audited certificate, Governors, President's, Speak- 
 er's, public oflScer's, court's, or other duly authorized person's cer- 
 tificate, draft, warrant or order, so as aforesaid issued or purport- 
 ing to have been issued, or any deed, will, testament, bond, writ- 
 ing obligatory, bill of exchange, promissory note, or order for 
 money, or goods, or other thing or things of value, or any ac- 
 quittance or receipt for money or goods, or other thing or things 
 of value ; or any endorsement or assignment of any bond, writ- 
 ing obligatory, bill of exchange, promissory note, or order for 
 money or goods, or other thing or things of value, with intent to 
 defraud the said State, public ofiicers, courts, or persons author- 
 ized as aforesaid, or any other person or persons whatsoever, 
 knowing the same to be so falsely and fraudulently made, forged, 
 altered or counterfeited ; every such person S9 oflfending, and 
 being thereof lawfully convicted, shall be punished by imprison- 
 ment and labor in the penitentiary for any time not less than 
 four years nor longer than ten years. 
 
 §4338. Sec. II. If any pei-son shall falsely and fraudulently c^^^J^J^;, 
 make, forge, or counterfeit, or be concerned in the false and j^l^^^*^'^ 
 fraudulent making, forging and counterfeiting of any gold, silver, |^e'|;5^n"^ 
 or copper coin, which now is or shall be passing or in circulation '^'"'^oy*'^'' 
 within this State ; or shall falsely and fraudulently make, or be 
 concerned in the false and fraudulent making of any base coin, 
 of the likeness or similitude of any gold, silver, or copper coin, 
 wliich now is or shall be passing or in circulation within this 
 State ; or shall falsely and fraudulently utter, publish, pay or 
 tender in payment any such counterfeit and forged coin of gold, 
 silver, or copper, or any base coin, knowing the same to be forged 
 or counterfeited, or base, or shall aid or abet, counsel or com- 
 mand the perpetration of either of the said crimes, such person 
 shall, on conviction, be punished by imprisonment and labor in 
 the penitentiary for any time not less than four years iior longer 
 than ten years. 
 
 §4339. Sec. III. If any person shall falsely and fraudulently f^^^«^*- 
 mal^e, sign, or print, or be concerned in the lalse and fraudulent J^^^^p*'',; 
 liiaking, signing or printing of any counterfeit note or bill of any^^y**""*- 
 bank of this State, or the note or bill of any incorporated bank, 
 whose notes or bills are in circulation in this State, or falsely add 
 fraudulently cause or procure the same to be done, such person 
 80 offending, -shall; on conviction, be punished *by'impri&dninent 
 
844 FT. 4.— TIT. 1.— Penal Code. 
 
 Division 7. — Forging and Counterfeiting and Unlawful Currency. 
 
 and labor in the penitentiary for any time not less than four 
 years nor longer than ten years. 
 BaBkcheck § 4340. Sec. IV. If any person shall falsely and fraudulently 
 make, sign, or print, or be concerned in the false and fraudulent 
 making, signing, or printing of any check or draft upon any 
 bank of this State, or bank as aforesaid ; or falsely or fraudu- 
 lently procure the same to be done, such person so offending 
 shall, on conviction, be punished by imprisonment and labor in 
 the penitentiary for any time not less than three years nor longer 
 than seven years. 
 ^iTn^'^^ §4341. Sec. V. If any person shall falsely and fraudulently 
 *utri*ry°8 to ^^^^^r. Or bc conccmed in the false and fraudulent alteration of 
 10 years. ^uy genuine note, bill, check, or draft of or on any bank as 
 aforesaid ; or falsely and fraudulently cause or procure the same 
 to be done, such person so oft'ending shall, on conviction, be pun- 
 ished by imprisonment and labor in the penitentiary for any time 
 not less than tliree years nor longer than ten 3 ears. 
 SI'S.'/ H343. Sec. VI. If any person .liall falsely and fraudulently 
 tbm"'^ pass, pay, or tender in payment, utter or publish any false, forged, 
 counterfeit or altered note, bill, check, or drafr, as aforesaid, 
 knowing the same to have been falsely and fraudulently forged, 
 counterfeited, or altered ; such person so offending shall, on con- 
 viction, be punished by imprii^onment and labor in the jieniten- 
 tiary for any time not less than two years nor longer than ten 
 years. 
 Posscssins § 4343. Sp:(;. VII. If niiv T>erson shall have in his or her pos- 
 
 inttudiDiT to , 1 .. 1 > ' 1 
 
 i>ASB them session any such false, lorged, counterfeit or altered note or notes, 
 bill or bills, draft or drafts, check or checks, with intention 
 fraudulently to pass the same, such person so offending shall, on 
 conviction, be punished by imprisonment and labor in the peni- 
 tentiaiy for any time not lees than two years nor longer than 
 ten years, 
 f^^prj^r §'^^^'^- ^Ec. VIII, If any person shall have in his or her po3- 
 te^'t^ctnn- session any bank paper, types, ])lates or machinery, for the pur- 
 terfeit. Y>os>e of falsely or fraudulently forging and counterfeiting any 
 notes, bills, checks or drafts, as aforesaid, such person so offend- 
 ing shall, on conviction, be punished by imprisonment and labor 
 in the penitentiary for any time not less than four years nor 
 longer than ten years. 
 
PT. 4.— TIT. 1.— Penal Code. 845 
 
 Division 7. — Forging and Counterfeiting and Unlawful Currency. 
 
 § 4345. Sec. IX. If any person shall falsely and fraudulently Forging or 
 raake, forge, counterfeit or alter any note, bil], draft or check of tainbiii8,4c. 
 or on any person, body corporate, company, or mercantile house 
 or firm, or purporting so to be ; or fraudulently and falsly utter, 
 publish, pass, pay, or tender the same in payment or demand 
 payment of the same, knowing the said bill, note, draft, or check 
 to be forged and counterfeited, or falsely and fraudulently al- 
 tered, such person so offending shall, on conviction, be punished 
 by confinement and labor in the penitentiary for any time not 
 less than two nor longer than ten years. 
 
 S 4346. Sec. X. If any person shall fraudulently make, sign. Forging any 
 Torge, coiinterieit or alter, or be concerned m the iraudulenting. 
 making, signing, forging, counterfeiting or altering any other 
 writing not herein provided for, with intent to defraud any per- 
 son or persons, bank or other corporate body, or shall fraudu- 
 lently cause or procure the same to be done, such person so 
 offending shall, on conviction, be punished by imprisonment and ^ j^fj."*®^'* 
 labor in the penitentiary for any time not less than two years 
 nor longer than five years. 
 
 §4347. Sec. XI. If any person shall falsely and fraudulently Poi^g or 
 forge or counterfeit, or be concerned in forging and counterfeit- puwfc SI 
 ing the great seal of this State, or any seal used for government 
 purposes, the public and common seal of any court, office, county, 
 or corporation, or any other seal authorized by law, or shall falsely 
 and fraudulently cause or procure the same to be forged and coun- 
 terfeited, or shall falsely, fraudulently, an^ knowingly impress, 
 or cause to be impressed, any instrument whatever, wliether the 
 same be written or printed, or partly written and partly print- 
 ed, with such forged and counterfeited seal, or shall falsely, 
 fraudulently, and knowingly annex or affix, or cause to be an- 
 nexed or affixed to any such instrument, such forged and ex)un- 
 terfeit seal, or shall falsely and fraudulently utter or publish any 
 instrument or writing v.'hatevcr, impressed with such forged and 
 counterfeit seal, knowing the same to be forged and (iounterfeit, 
 sudi person so offending shall be punished by imprisonment and 
 labor in the penitentiary, for any time not less than two years, 
 nor longer than ten years. 
 
 §4348. Sec. XII. Any person who shall draw or make a bill ^"ifA"?.'.'',. 
 of exchange, due bill, or promissory note, or endorse or accept 
 the same in a fictitious name, shall be guilty of forgery, and on 
 conviction be punished by confinement and labor in the peniten- 
 
 tioua nniiieSk 
 
846 FT. 4.— TIT. 1.— Penal Cqdk. 
 
 Diyision 7.— Forging and Counterfeitlqg and Upjiawful Currency. 
 
 tiarj for any time not less than two years, nor longer than aeven 
 years. 
 i'o«<Mi*uiig § 4-349. Seo. XIII. If any person tjliall put his own name to 
 *■*"**'• any instrument, reprewnting himself to be a different person of 
 that name, puch person shall be guilty of forgery, and on convic- 
 tion bball be j)imi8hed by imprit^oninont and labor in the peni- 
 tentiary fur auy time not less than two years nor longer tJian 
 seven years. 
 m)t«inirg §4350. Skc. XIV. If any portion shall designedly, by color of 
 on faille any counterfeit letter or writinj:!^, niadu in any other persona 
 nuitu', or nctitious name, obtain from any person money, goods, 
 chattclrt, or other vabi ih'j t-'iing, wirh intent to defraud any per- 
 son, mercantile house, ur l»ody cor)>(»rHte, or company of the same, 
 such person so offending nhall, im conviction, bo punished by ira- 
 l)risonMicnt and hibor in tlu; penitentiary for any time not less 
 than two nor, longer th«n seven years. 
 unauih»rt« §4351. Skc. XV. Any jierson or persona, body corporate or 
 wir'i^!'^ politic, who may hcrcHfter make, ihhue, ciix:ulHte, pay or tender 
 in payment, (not being an innocent holder thereof) any check, 
 order, draft, or bill for the payment of money, or other thing 
 having the form or similitude of a bank note, and intended to be 
 used and circulated as money, or circulating medium, except 
 such iianking institutions and I'.orjuiratitinB as bylaw are author- 
 ized to issue notes, or bilU for ciiculation, shall be liable to in- 
 die.tnient., as fur a misdenieanoi', an<l nn conviction, shall be pun- 
 ished by tine or inipridoiuneiit in the <;ommon jail, or both, at the 
 discretion of the court. 
 
 <i 4352 Sko XVI The making or issuing ea(;h check, order, 
 
 Haeh bill R • ' . . 1 1 • 1 • 
 
 o«woff.i,r<v draft, or bill for the payment of nnmey, or otiier thing liaving 
 the similitude of money, as above, bhali be considered and held 
 as a separate and distinct offence; and if d(me by any corpora- 
 tion or body politic, the othccr or member of the same signing 
 the said ciieck, order, bill or other thing having the similitude of 
 money, or intended to be used as money, shall be liable to prose- 
 eutioii and couvieti<»n. 
 Dntyof 5^4353 Sec. XVII. It shall be the duty of every grand jury 
 
 j»dg««ad ^^ ,j„tii.e and present all violations of the foregoing provisions as 
 to unauthorized currency, and of rlie presiding Judges of the 
 Superior Gourtii, whenever necessary, to give the same in special 
 charge. 
 
PT.4.— TIT. 1.— Pknal Code. 
 
 m 
 
 D^')eion 7. — Forging aod CounU«-f«'itJDg and Unlawful Ourrency. 
 
 S4354. SEa XVIII. In all cases of conviction for violation of^ispowuon 
 
 c of fine* 
 
 rsections XV and XVI, one-half of the fine shall be paid to the 
 prosecutor, if there be one, and the other half to the Education- 
 al Fund of the county. 
 
 EIGHTH DIVISION. 
 
 CRIMES AND 0FFKNCE8 AGAINST TIIK I'UBLIO JUSTlCj''.. 
 
 Section. 
 4355. Perjury. 
 4356 Punishmcnl. 
 
 4357. P'aLse swearing. 
 
 4358. Punishment. 
 4S59. SubomatioD. 
 
 4360. Punishment. 
 
 4361. Disqualiflcation. 
 
 4362. Verdicta void. 
 
 4363. Causmg death. 
 
 4364. Bribery. 
 4366. Puui.shment 
 
 4366. Altering public documents 
 
 4367. Ouelty in jailor, 
 
 4368. Detaining records. 
 
 4369. Personating in bail 
 
 4370. Obstructing procesH. 
 
 4371. A assaults c/)lor officn& 
 
 4372. Rescue 
 
 4373. Punishment in criminal cases, 
 
 4374. In civil cases. 
 
 4375. Attempt to rescuo. 
 
 4376. .Aiding to eacapo. 
 
 Section. 
 
 4377. From custody. 
 
 4378. From p<^nitouliary. 
 4370. Voluntary escape. 
 
 4380. Ifcfuaing to receive prisurvt^r. 
 
 4381. liefusing penitentiary prisoners. 
 
 4382. Kecoiving stolen goodi? 
 
 4383. Principal escaping. 
 
 4384 Aooeftwriea aflor the fact. 
 4385. CoiniK>unding felonies 
 438G C<.)mpounding pooalties. 
 4387. Conspiracies. 
 4;{88. Barratry. 
 
 4389. PunL'ilimont. 
 
 4390. ICinbracory. 
 
 4391. Malptactiee by J. P. 
 
 4392. Threatening letters. 
 
 4393 Extortion 
 
 4394 Punushmont. 
 439r). Other offences, 
 439G. Mutiny 
 
 jBBS 
 
 4397. Instigating mutiny. 
 
 4398. Receiv'g stolen goods from negroes. 
 
 §4355. Sec. I, Perjury shall consist in willfully, knowingly, p^^^^,^^ 
 absolutely and falsely swearing, either w^th or without laying ^°''- 
 the hand on the Holy Evangelist of Almighty God, or affirming 
 in a matter material to the isBuc or point in question, in some 
 judicial proceeding by a person to whom a lawful oath or affirna- 
 ation is administered. 
 
 §4356. Sec. IL Any person who shall commit the crime of Puai3h«»«at 
 perjury, shall be punished by imprisonment andlaborin the pen- 
 itentiary for any tirao not less than four years, nor longer than 
 ten years, 
 
 §4357. Seo. III. False swearing shall consist in willfully, b««,8w^ 
 knowingly, absolutely and falsely swearing, either with or with- 
 .out laying the hand on the Holy Evangelist of Almighty God, 
 
848 FT. 4.— TIT. 1.— Penal Code. 
 
 Division 8. — Crimes and OfiTences against Public Justice. 
 
 ^f 
 
 or affirming in any matter or thing (other than a judicial pro- 
 ceeding) by a person to whom a lawful oath or affirmation is ad- 
 ministerd. 
 ftoio""^ § 4:358. Skc. IV. Any person who shall commit the crime of 
 false swearing, shall be punished by imprisonment and labor in 
 the penitentiary for any time not less than three years, nor long- 
 than ten years. 
 BuboraaMoD. §4359. Sec. V. Subomatiou of perjury and false swearing, 
 shall consist in procuring another ]>erson to commit the crime of 
 perjury or iUlfiC swearing. 
 Penitentiary §4360. Sbg. VI. Any persou who shall commit the crime of 
 subornation of i)erjnry, or false swearing, shall be punished by 
 contineinent and labor in the penitentiary for any time not less 
 than three years, nor longer than ten years. 
 Dieqnaiifi<><i §4301. Seo. VII. Any person who shall be lawfully convicted 
 as witness, ^^f ^.jj- jj^jj. j^f ^]^q crimcs mcutioncd and detined in the tirst, third, 
 and iifth sections of this division shall, in addition to the pun- 
 ishment prescribed in the second, fourth, and sixth sections of 
 this division, be forever thereafter disqualified from being a wit- 
 ness in any controversy. 
 yeritct^ §4362. Skc. VIII. Any verdict or judgment, nde or order of 
 bS^p^^rjnry'* court, wliicli may have been obtained or entered up, shall be set 
 set aside. _^^.^j^ ^^^ ^^^ ^^. ^^ cftect, if it sluill api)ear that the same was 
 
 obtained or entered up in consequence of willful and corrupt 
 perjury; and it shall be the duty of the court in which such 
 verdict, judgment, rule or order may have been obtained or en- 
 tered up, to cause the same to be set aside upon motion and no- 
 tioe to the adverse party ; but it shall not be lawful for the said 
 court to do so, unless the person charged with said perjury shall 
 Provipa have been thereof dulf convicted, and unless it shall appear to 
 tlie said court that the said verdict, judgment, rule or order 
 could not have l>een obtained or entered up without the evidence 
 of eucli perjured person, saving alw^iys to third pei-sons, innocent 
 of such perjury, the right which they may have lawfully acquired 
 under such verdict, judgment, rule or order before the same shall 
 have been actually vacated and set aside. 
 K^ wit- § 4363. Sec. IX. If any person by willful and corrupt perjury 
 Snh!V«!',"o shall take away the life of another, or by such willful and corrupt 
 " "* *"^ perjury convict another of any offence, which by this Code, is 
 punishable with deatli or perpetual imprisonment, such person 
 ghall be punished with death or perpetual imprisonment. 
 
PT. 4.— TIT. 1.— Penal Code. 849 
 
 Division 8.— Crimes and Offenses againsJt the Public Justice. 
 
 S43G4. Sec. X. Bribery is the erivins; or receivinsr anv undue Bnwry <»«• 
 
 •' , . .'^ 1 fined, 
 
 reward to influence the behavior of the person receiving: snch 
 'Reward in the dischari^e of his duty, in any ofHee of provernment 
 or^of justice. 
 
 i §43G5. Sec. XI. If any person shall directly, or indirectly J^|.»^«n^ 
 'give, or oiFer to give anv money, goods, or otlier bribe, present 
 or reward; or give or make any promise, contract or agreement 
 for the payment, delivery or alienation of any money, good?, 
 lands, or other bribe ; or use any proinises, threats, persn!i:-iou?, 
 
 • -or other like sinister, unfair, or fraudulent practices in order to 
 obtain or influence the opinion, judgment, decree, or behavior, of 
 
 ; any member of tlie General Assembly, ^^r any ofiicer of this 
 
 V State, Judge, «Tustice, referee or arbitrator in any discussion, de- 
 bate, action, suit, com})]aint, indictment, controversy, malter, or 
 
 -, • cause depending, or which shall depend before him cu'them, such 
 V person shall, on conviction, be punished by imprisonment and la- 
 bor in the penitentiary for any time umC less than one year, nor '■ 
 more than live vears. And the member of the General Assem^ 
 
 11 />• Ti T" f y • >iii Of the per- 
 
 bly, or omcer. Judge, Justice, referee or arbitrator who shall ac-f on bribed. 
 ~^( cept or receive such bribe, shall,' on conviction, be punisbe^l by 
 imprisonment and hibor in the penitentiary for any time not less 
 than two years, nor longer than ten ye<irs, and shall, moreover, 
 Ibe removed from' his oiiice. 
 
 X43G6. Sec. XII. If any Judge, Justice, Mayor, Alderman, stealing, ai- 
 Clerk, Sheriff, Coroner, or other public ofiicer, or any other ])erson of"r/buf^' 
 \vhat.soever, siiali steal, embezzle, altc^-, corrupt, withdraw, falsi- '''^''"*°**' 
 fy, or avoid any record, process, charter, gift, grant, conveyance 
 or contract; or shall knowingly and willingly take off, discharge, 
 or conceal any issue, forfeited recogniz;^,nce, or other forfeiture; 
 or shall forge, deface, or falsify any document or instrument re- 
 corded, or any registry, acknowledgment, or certificate; or shall 
 alter, deface, or falsify any minute, document, book, or any pro- 
 ceeding whatever of, or belonging to any public office within 
 this State ; or if any person shall cause or procure any of the 
 offences aforesaid to be committed, or be in any wise concerned 
 therein, the person so offending shall be punished by imprison- 
 ment and labor in the penitentiary for any time not less than 
 two years, nor longer than ten years. 
 
 §4367. Sec. XIII, If any jailor, by too great a duress of ira-cs^^,jy .^ 
 prisonment, or other cruel treatment, make or induce a prisoner ^"*"^*- 
 to become an approver, or accuse and give evidence against some 
 54 
 
850 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 8.— Crimes and OflFonoes against the Public Justice. 
 
 other person ; or be guiltj of willful inhumanity or oppression to 
 any prisoner under his care and custody, such jailor shall be 
 punished by removal from office, and imprisonment and labor in 
 the penitentiary for any time cot less than one year, uor longer 
 than three years. 
 Officers (!«■ § 43G8. Sec. XIY. If any officer after the expiration of tho 
 tK)oks,Ac^ time tor wliich he may have been elected, or a|ipoiu|ed, shall 
 sprs. willfully and unlawfully withhold, or detain fi'om hi.* successor 
 
 the records, papers, documents, books, or other writing-* apper- 
 taining and belonging to his ofrice, or mutilate, destroy, take 
 away, or otherwise prevent the eoniplcte possession by Lis said 
 successor, of said records, documents, papers, books, or other 
 writings, such person so offending, shall, on conviction, be pun- 
 ished i)y tine or itnprisonment in the common jail of tlie coun- 
 ty, or both, at the discretion of tho court. « 
 i»er(wnntin« § 43Gf^. Sec XV. If any person e.xcei)t the attorney of record 
 l^'j^tiVa"^'" shall acknowledge or procure to be acknowledged, in any of the 
 courts of this State, or before any authorized officer, any reoo^ 
 nizance. bail, or judgment in the name of any other person not 
 privy or consenting thereto, snch pen-on, so offending, shall, on 
 conviction, Ix? punished by imprisonment and labor in the peni- 
 tentiary for any period of time not less than one year, nor longer 
 than four yeai-s. 
 Obstructing {,'4370. Sec. XVI. If iiuv pcreon ehall knovringly and willr 
 lesai process ^^jj^ obstHict, Fcsist or opimsc Euy Sheriff, Coroner, or other 
 officer of this State, or other jHii^Bon duly authorized in pcrvijig, 
 or attcmjttiiig to serve or execute any lawful process, or order of 
 any court, kludge, Justice, or arbitrators, or any other legal pro- 
 cess whatever; or shall assault or beat any Sheriff, Coroner, Con- 
 stable, or other officer, or person duly authorized, in serving or 
 executing any process or order aforesaid, or for having served or 
 executed the same; every person so offending, shall, on convic- 
 tion, be puui.-3hed by line and imprisonment in the common jail 
 of the oouuty, for any time not exceeding one year. 
 A8Muit,&c. ^4371. Sec. XVII. If any officer of this State, whatever, 
 ^iffle.r''"^ shall assault or beat any individual under color of his office, or 
 commission, without a lavvfal necessity so to do, such officer so 
 offending, shall, on oo)iviction, bo punished by fine and impris- 
 onment, in the common jail, tor any time not exceeding ono 
 year. 
 
PT. 4.— TIT. 1.— Penal Code. 851 
 
 Diviaion 8. — Crimes and Offencea against the Public Justice. 
 
 84372. Sec. X\III. Rescue is the forcibly and knoxnrhsrlv R«®cue de- 
 ireeing another irom an arrest or imprisonment. 
 
 §4373. Sec, XIX. If .any person shall rescue another in le«2:al Punuiiii»eni 
 
 1 . . , 1 m T 1 It in criminal 
 
 custody on criminal process, such person so onending shall, on e^sea. 
 conviction, receive the same puni^^hment as the person rescued 
 would, on conviction, be sentenced to receive ; but if the person 
 rescued shall liave been acquitted of the crime chai*ged against 
 him, then and in such case, the person rescuing shall be punished 
 by imprisonment in tlie common jail of the county for any time 
 not exceeding one year. 
 
 §4374. Sec. XX. If any person shall rescue another in lei:jal Pi;n;»h;nciit 
 -custody on civil process, such person so otlending ehalL, on con- 
 viction, be punished by a fine equal in amount to the amount 
 of the debt or demand for which such process was issued, and 
 imprisonment in the common jail of tlie county not exceeding 
 six months. 
 
 §4375. Sec. XXI. If any person ehall attempt to rescue an- Attempt to 
 other m legal custody on criminal process, such person so offend- 
 ing shall, on conviction, be punished in the common jail of the 
 •county for any time not exceeding six months, or by confinement 
 and labor in the penitentiary for any time not less than one year 
 nor longer than two years, at the discretion of the court. 
 
 § 4376. Sec. XXII. If any person shall aid or assist a prisoner .is.i^tfnf u 
 lawfully committed or detained in any jail, for any ofience against jIi'il'"' ^^^ 
 'this State, or under any civil process, to make his or her escape 
 from jail, whether such escape be actually eftected or not ; or if 
 ■«my person shall convey, or cause to be delivered to such prison- 
 er, any disguise, instrument, or arms, proper to facilitate the es- 
 cape of sucli prisoner, such persou so offending ehall, on convic- 
 tion, be punished by confinement and labor in the penitentiary 
 for any time not less than one year, nor longer than four years. 
 
 §4377. Sec. XXIII. If any person shall aid or assist any pris- a^,,,,,,;, to 
 •oner to escape, or attempt to escape from the custody of any eu^toL'""^ 
 'Sheriff, Coroner, Constable, officer, or other person, who shall 
 have the lawful charge of such prisoner, such person so ofiend- 
 ing, shall, on conviction, be punished by confinement and labor 
 in the penitentiary for any time not less than one year, nor longer 
 than five years. 
 
 §4378. Sec. XXIV. If any person confined in the penitentiary Es.ip^fr.m 
 ehall escape therefrom, and be thereafter retaken, such person*'*'"'*'""' 
 fihall be indicted for an escape, and on conviction shall be pun- 
 
852 
 
 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 8. — Crimea and Offences against the Public Justice. 
 
 ToJuntnry 
 
 R.•rll^llt/ t.l 
 
 € 
 
 ished by imprisonment and labor in the penitentiary for the term 
 Aiding of four years ; and any person who sliall aid or assist a prisoner 
 tvifia. confined in the penitentiary to escape, or in an attempt to escape 
 threfrom, tjhall, on conviction, receive the like puniehment. 
 
 §4370. Sec. XXV. If any Sheriff, Coroner, Constable, keeper 
 of a jail, keeper, ofiicer, or other person employed in the peniten- 
 tiary, having any offender, fjjnilty, or accused of, or confined for 
 any crime in his custodN, t^hidl V(.»]untaril3' ])crmit or suffer such 
 offender to CBcape jtnd yo at large, lm-ty such Sheriff^ Coroner, 
 keeper of a jail, keei)oi, c>iHcer, or other person employed in the 
 penitentiary, Consthble, or other officer or person so offending, 
 shall, on convi(;tion, be })unishe<i by confinement and labor in 
 the penitentiary for any time not less thnn two years, nor longer 
 than seven years, and ejiall nioieovo', il" a ]-)ublic officer, be dis- 
 missed from ofiice. 
 
 §4380. Si;o. XW'I. If any Sherifi'. Coroner, Constable, kei-per 
 of a jail, or other otHcer, whose duty it is to receive persons 
 charged with, or j^uilty of an indictable ollence, shall refiise to 
 receive and take charge of such jtei-son or ])ersons, every such 
 Sheriff', Coroner, Constable, keeper of a jail, or other officer bo 
 oft'ending, shall, on conviction, be ]>unished by confinement and 
 labor ill the penitentiary, for any time not le.s3 than two years, 
 nor longer than seven years ; and such officer shall moreover be 
 dismissed from office. 
 B<f«Mnif §4381. Siic;. XXVII. If the keci)er of a [X iiiteiitiary, or other 
 
 irtibomn*. " officer or ]ierson em]>loyed there, wiiose duty it is to receive con- 
 victs, fchall fail or refuse to do so, such kee]>er, olfioer, or other 
 person so offending, shall, on c-onvirtioii, be punished by confine- 
 ment and labor in the jjenitcntiary fi»r any time not exceeding 
 ten years, and shall, moreover, be dismissed from office. 
 f |4382. Sec. XXVIII. If any ])erson shall buy or receive any 
 Btoiei.good^g.Qods, chattels, money, or other effects, that shall have been 
 stolen or feloniously taken from another, knowing the same to 
 be stolen or feloniously taken, such person shall be taken and 
 deemed to be an access(»ry after the fact, and shall receive and 
 suffer the same ])unishment as would be inflicted on the ])erson 
 /convicted of having stolen, or feloniously taken the said goods, 
 chattels, money or effects so bought tn- received. 
 If principal " — ^4383. Sec. XXIX. If the principil rliief or thieves cannot 
 be taken, so as to be prosecuted ami «-..iivi(ted, it shall be lawful 
 to prosecute any person buving or icieiv ing any goods, chattels. 
 
 cannot b 
 Uk<i 
 
PT. 4.— TIT. 1.— Penal Code. 853 
 
 Division 8. — Crimw? and OfFenoea apainst the Public Jns»tiee. 
 
 money, or effects, stolen or felonionf^lj taken by ftucli principal 
 thief or tliieves, knowing the eame to be stolen or feloniously 
 taken, as for a misdemeanor, and, on eonvietion, niich person 
 shall be punished as prescribed in the preceding section; and 
 a conviction under this section sliall l»o a bar to any prosecution 
 under the XXVIII section. 
 
 §4384. Sk(?. XXX. If :inv pereon s-hall leccive, liaibor, orAcce^sorr 
 
 1 .1 f' - ••111111 • Rficr th« fticl 
 
 conceal any person guilty ol a crime punishable by oeatli, or im- 
 prisonment and labor in the penitentiary, knowing such person 
 to be guilty, sucli person so receiving, harboring, or concealing, 
 shall be taken and deemed to be an accessory after the tact, and, 
 on conviction, shall be punished by imprisonment and labor in 
 the penitentiary for any time not less than one year nor longer 
 than three years. 
 
 §4385. Se<;. XXXI. It' any person shall take or icceive anycomp^nr.-i- 
 money, good.-i, chattels, lands, or other reward, or [iromise to °^*^ '^'**" 
 compound. .>r shall for any cause, compound any crime or offence, 
 punishable with death or imprisonment and labor in ^he peni- 
 tentiary, such person so offending shall, on conviction, be pun- 
 ished by imprisonment and labor in tlie penitentiary for ;my time 
 not less than one year nor longer than five years. 
 
 §43S(>. Seo. XXXII. If any person informing or prosecuting ^j^^^,_j,^^ 
 under pretence of any penal law, shall compound wjth the of- '°s ?«■"»>"«> 
 fender, or direct the suit or information to be discontinued, unless 
 it be by leave of the court where the same is pending, such per- 
 -8on so offending shall, on conviction, pay a fine equnl to so much 
 of the penalty as he or she would be entitled to if the defendant 
 or part}^ prosecuted had been found guilty or convicted. 
 
 §4387. Sko. XXXIII. If any two or more persons sliall con- consi-irr.cy. 
 spire or agree, falsely and maliciously, to charge and indict any 
 innocent person of a crime, who is accordingly indicted and ac- 
 quitted, such person so conspiring, and each aiid every one of 
 them, shall on conviction, be punished by iinpi'isonment and la- 
 bor in the penitentiary for any time not less than twelve months 
 nor longer than five years. 
 
 §4388. Seo. XXXIV. Common barratry is the offence of fre- Barratry de- 
 •quently exciting and stirring suits and quarrels ])etween indi- 
 viduals, either at law or otherwise. 
 
 §4389. Seo. XXXV. Any person who shall be found and ad- Punufctnent 
 judged a common barrator, vexing others with unjust and vexa- 
 tious suits, shall on conviction, be punished by a fine not exceed- 
 
854 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 8. — Crimos and Offcncefi against the Public Justice. 
 
 ing five hundred dollars; and if the oflfender belongs to the 
 profession of the law, he shall akc» he disqualified from practic- 
 ins for the future. 
 
 Emtcneery. §4390. Se<\ XXXYl. Embracery is an attempt, whether suc- 
 cessful or not, to influence a jury corruptly to one side by prom- 
 ises, persuasions, entreaties, money, entertainment!?, and the like. 
 Every embracer who shall procure, or attempt to ])rocure, a juror 
 to take money, gain or pr<Jfit, or shall corruptly influence, or at- 
 tempt to influence, a juror by persuasiont^, promises, entreatiee, 
 or by any other means, shall, on conviction, be ])uni6hed by im- 
 priAonraent and labor in the penitentiary for any time not less 
 than one year nor longer than four years. And the juror con- 
 victed of taking money, gain or ]>roflt, or of being corru])(ly in- 
 • flucnced as aforesaid, sliall be jiunislied by confinement and labor 
 in the penitentiary for any time not less than two years nor 
 longer than five years, and shall nioi-covcr bo forever disqualified 
 tojic't as a juror. 
 
 Ma} x,rn»atf> I §4391. Sec. XXXVII. Any .luhticc of the Pea(MJ, charged 
 
 ofiheivaM.hvitii maliuactice m oliico by using oppression, tyranical partial- 
 ity, or any other conduct unbecoming his character as an upright 
 Magistrate, or who shall willfully and knowingly demand more 
 co5t than he is entitled to by law, in the administration and un- 
 der color of his office, may be indicted ; which indictment shall 
 epeciall}' set forth the merits of the (-..mplaint, and a copy thereof 
 be served on the defendant l)efore the same is laid before ^e 
 grand jury : and the prosecutor and the .lustice, and their wit- 
 nesses, shall have the right of appearing and being heard before 
 the grand jury ; which indictment, if found true by the grand 
 jury, shall as in other cases, be tried by a ]tetit jury — and if the 
 defendant be convicted, he shall be punislied by fine or impris- 
 onment in the common jail of the county, or both, at thediscre- 
 \ tion of the court; and shall moreover be removed from office, if 
 \ \still in olficc. 
 
 TiirMt*Ding $4302. Sec. XXXVIII. If any person hhall knowingly send 
 or deliver any letter or writiwg, threatening to accuse another 
 person of a crime, with intent to extort money, goods, chattels, 
 or other valuable tiling ; or threatening to maim, wound, kill or 
 murder such ])erson, or any of his family, or to burn or othcr- 
 wiso destroy or injure his or her house or other property, real or 
 personal, though no money, goods, chattels, or other valuable 
 thin^ be detnanded, such person so otfendihg shall, on conviction. 
 
PT. 4.— TIT. 1.— Penal Code. «55 
 
 Division 8.— Cnines and Offences against the Public Justice. 
 
 be punished by imprisonment and labor in the penitentiary for 
 any time not less than two years nor longer than live years. 
 
 §4303. Sec. XXXIX. Extortion shall consist in any public e^^«»i 
 ofiBcer's unlawfully taking, by color of his office, from any person, 
 any money or thing of value that ,is not due to hia^, or more 
 than his due. 
 
 §4394. Sec. XL Any public officer who shall, by himself, ^lisFi^eand^ 
 deputy, agent, or other person em}))oyed by him, be guilty of 
 extortion in demanding and receiving other and greater fees than 
 by law are allowed him ; or shall, by color of his office, take 
 from an/ person any money or other thing of value that is not 
 due to him, or more than his due, such officer shall be subject 
 to indictment, and, on conviction, shall be punished by tine, at 
 the discretion of the court, and shall moreover be dismissed 
 from office. 
 
 S4395. Sec. XLI. Any other otience against public iustice, other af- 
 
 1 . -. , ,, 1 • 1 1 , ^. • • fences •»«. 
 
 not herem provided for, shall be punished by tine or imprison- pnbiio jua 
 ment in the common jail, or both at the discretion of the court. 
 
 §4306. Sec. XLII. If any prisoner in the penitentiary shall M«tmy^» 
 assail, oppose, or resist any officer of the penitentiary, or any "^y- 
 member of the guard, with any weapon or implement calcu- 
 lated to cause death or serious bodily injury, such prisoner so 
 offending shall be deemed guilty of mutiny, and, on conviction 
 thereof, shall be punished by an additional term of imprison- 
 ment and labor in the penitentiary, not less than two years nor 
 longer than live years, at the discretion of the court, to be com- 
 puted from the expiration of the term of imprisonment and labor 
 to which such prisoner shall have been previously sentenced. 
 
 84307. Sec. XLIII. If any person shall persuade, entice or instigatmg 
 instigate any prisoner to mutiny, such person so oitencling snail 
 be guilty of a misdeuieanor, and, on conviction, shall be pun- 
 ished by contineinent iuid labor in th(3 penitentiary for any time 
 not leas than two years nor longer than live years, at tlie dis- 
 cretion of the conri", to be computed, it a prisoner in tlie peni- 
 tentiary, from tlie expiration of the term of iinpri>onmeiit and 
 labor for whicli lie slvill have been previously sentenced. 
 , ^4308. Sec. XLIV. If any free white ])erson shall buv (»r re- Receiving 
 
 - , ■ 1 y> ,• ' stolen goode 
 
 ceive any money, goods, chattels, or other eltects, from any negro from a negra 
 or free person of color, that lias or have been stolen or felonious- 
 ly taken, knowing the same to have been so stolen or feloniously 
 taken, such p;)rs')ii so oifeuding >^li;vll be. deemed and taken to be 
 
866 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 8. — Crimes and Oflfences against the Public Justice. 
 
 an accessory after the fact, and being convicted thereof, shall be 
 punished by imprisonment and labor in the penitentiary for any 
 time not less than one year nor more than four years. 
 
 NINTH DIVISION. 
 
 OFFENCES AGAIKST THE PUBLIC PEACE AND THANQUILITV. 
 
 Section. 
 
 4399. Unlawful a^JMriMHK ~. 
 
 4400. Riot. 
 
 4401. Affray.^. 
 
 4402. Diiollintr, c]inll(nj;iii?:- 
 440!!. Seconds. 
 
 4404. DueUing, fighting. 
 4105. Officers no* preventing. 
 440G. Chnrccmg the '•coward." 
 
 Sectiok. 
 
 4407. Libel. 
 1 4408. Printer, witness. 
 
 4409. Truth proved. 
 
 4410. Forcible cntrj. 
 
 4411. Forcible detain T. 
 
 4412. Punishment 
 
 44 K!. Carrj'ing deadly weapoa.'^. 
 441 i. OtluT oTencts. 
 
 uniawfoUb- §4390. Sec. I. Il' two or more persons as?ein1)lG for tliM pur- 
 ]>ose of disturbin:!; tlie public peace, or committing any unlawful 
 act, and do not diverse upon being coinmanded to do so l)y a 
 Judge, Justice, Sheriff, Constable, Coroner, or other peace officer, 
 such persons so otfending shnll be guilty of a misdemeanor, and, 
 on conviction, shall be punished by tine or imprisonment in the 
 common jail, or both, at the discretion of the court, 
 
 Kiot r §"4400. Sec. II. If any two or more persons, either with or 
 , / without a common cause of quarrel, do an unlav.-ful act of vio- 
 lence, or any other act in a violent and tumultuous manner, such 
 persons so otl'ending shall be guilty of a riot, and, on convif-tion, 
 shall be ]Dunished by tine or imprisonn)ent in the common jai!, 
 y^" / or both, at the discretion of the court; Vtut if the cinMunsrances 
 
 ^ X / . attending the riot shall be of an atrocious or aggravali-d .-jiiture, 
 
 ^ I the oti'endcrs may be imprisoned a' labor in tlic ]>c]iitcntiary for 
 
 ^ I any time not less than one ye;ir nor longer than tliiee year.-. 
 
 Afifrayf, ""'§4401. Seo. III. Au affray is the tighting of two or more 
 persons in some public place, to the terror of the citizen.-; and di.5- 
 turbance of the public tranquility. Persons so offending shall 
 be indicted, and, on conviction, shall be punished l).y tine or im- 
 prisonment in the common jaii, or both, at the discretioi of the 
 court ; and it shall l)e considered a great aggravation of thia 
 offence, if any contempt or disobedience of the Magistrate, or 
 other peace officer commanding the peace, shall be proved. 
 
 Duains. §4402. Sec. IV. If any person shall deliberately challenge, 
 
 by word or writing, the person of another, to fight witli sword, 
 
PT. 4.— TIT. 1.— Penal Coue. 8 57 
 
 Dirigion 9 — Offencoa a^nst the Ptiblic Ppsw and TranquaWf. 
 
 pistol, or Other deadly weapon, or if any person, so challenged, 
 shall accept the said challenge, in either car-e, ^nch ]>erjion so giv- 
 ing, or Bending, or accepting anys-uch challenge shall, on convic- 
 tion, be punished by a fine not less than tivf Inmdred dollars, 
 and be imprisoned in the common jail of the county for anytime 
 not exceeding six months. Or, if the jury sb.oukl so recommend, 
 such person shall, in addition t»> the fine herein imposed, be 
 punished by imprisonment and labor in the penitentiary for any 
 time not less than one year, nor longer than tvvo years. 
 
 § WOa. Skg. V. If any pei-son shall, knowingly and willfnlly,»;;^"J'J«^. 
 carry and deliver any written or ])ri}itcd cliallpnge, or verbally '^^'"'<"'^- 
 deliver any message or challenge ^o another, to tight with sword, 
 pistol, or other deadly weapon, or shall consent to be a second 
 in any >wh duel or combat, such person so offending shall, on 
 conviction, be punished in Hie same manner us ;s ]>rescribed in 
 the preceding section. 
 
 ^44(M. Sec. VI. If any i-erson shall be engaged m Hie act of Ac^^fJfJ^^: 
 :fighting a duel with sword, pistol, or other dt^^idly weapon, either'«'^»"<>'"- 
 as principal or second, sueh person shall be guilty of a high mis- 
 demeanor, and, on conviction, shall l»e punished by imprison- 
 ment and labor in the penitentiary for any time not less than four 
 years, 2ior longer than eight years; I*7'02nded, v^mrffif'k.Hs, that if death en- 
 if deatli .-honld ensue from such <luel, then all the parties, ixith^"'* 
 principals and seconds, shall be iruilty of nnirder, and suffer the 
 punishme!)t of death. 
 
 §44i>5. Sec. Vil. If any Justice, or other public officer bound ^IJ,';^;-^^^^^ 
 to preserve the pui>lic peace, shall have knowledge of an inteu-r"^^^]^''*" 
 tion in any person or p-.^r'^ons to tight with any deadly weapon, 
 and >hali not use ii.n'l -xfrt \i\f, official authority to arreet the 
 parties, and prevent tiic du^'l. by binding over the parties con- 
 cerned to kee|) the peace towards each other, such Judge, Jus- 
 tice, or ;)r^-er ])eace oliicer so otfending shall, on co7ivicti(Ui, be 
 dismisstnl from <iffice. 
 
 §440r>. Shx;. VIII. If :uiy pt'rson or ])ersons siiall, n\ '^"^^y ll^^lf^^j^.* 
 newspaper, or liandbill, urirten or printed, publisii or proclaim •^••^^.•"P""'- 
 any other person or persons as a coward or cowards, or use any 
 other opprobious and abusive language for not accepting a chal- 
 lenge, or fighting a duel, such [>erson or persons so offending 
 shall, on conviction, be punished by a fine not exceeding five 
 hundred dollars, and imprisormient in the common jail of the 
 county not exceeding sixty days, at the discretion of the court. 
 
858 PT. 4.— TIT. 1.— Penal Code. 
 
 Division -9. — Offences againBt the Poblic Peace and Tranquility. 
 
 Libeideflned §4407. &E0. IX. A libel is a malicioiis defamation, expressed 
 eitlier by printing, <.r writing, or sif,Mi^, pictures or the like, tend- 
 ing to blacken the meriK»rv of one who is dead, or the honesty, 
 virtue, integrity, <>r rei)Htation of one who is alive, and thereby 
 expose him or her to public hatred, contempt, or ridicule. Every 
 person convicted of thi.'< uffence, ehall be punished by a fine not 
 exceeding one thousand «lollars, and by imprisonment in the 
 common jail of the county for any time not exceeding one year, 
 at the discretion of tlie <i»urt. 
 
 pjinter, a §4408. Sk(\ X. Ill all pru&ccutluns uiidcr tlie tww i)recedinff 
 
 witness. ..... ° 
 
 sections oi tins diviKi(»ii. the ])ririter or publisher of a newspa- 
 per, handbill, or other juiblicatiun containing the oliensive or 
 criminal nnitter, shall Ik- a comi)ctcnt witness; and if such prin- 
 Eefosingto tcr or ])ublisher shall refuse t<.) testify in the cause, or to s:ive up 
 tile real name v\ the author or person authorizing and causmg 
 the })ublication, so that he may be indicted, then such ])rinter 
 or publisher shall be deemed and considered the author himself, 
 and be indicted ami punished as such ; and may, moreover, be 
 punished lor a contempt of the court, as any otlicr witness refus- 
 ing to testify. 
 Tii*tmthin §440'.). Sk( . XI. In all cases of indictment for a libel, or for 
 slander, the i>erson prosecuted shall be allowed to give the truth 
 in evidencte. 
 Fonibto.n- §4410, b?KC. XIJ. Forcible entry is the violently taking poa- 
 session of lands and tenements with menH«*es, force, and arms, 
 and without authority of law. 
 Forcible rt« §4411. Seo. XIII. Forcible detainer is the violently keeping 
 possession ot lands and tenements with menaces, lorce, and armB, 
 and without authority of law. 
 Puniebmput §4412. Skc. XIV. Any iktsou wlio bhall be guilty of a forci- 
 (airy or blc ciitrv, or H turciblc (letaiiicr, or bctth. mav be indicted, ana, 
 on conviction, tUall Ite juinishtvi by hue or imprisimment m the 
 common jail of the c.Miiity. <'r both, at the discretion of the 
 court; and the court bel'ore whom the conviction takes place, 
 shall cause restitution of po^^ession of the premises to be made 
 cnuss3 to the party aggrieved; l^rociduL alwam^X.\vAt if the party for- 
 
 Tears pos- i.'!r~c^ ' ' n/ ^ i •/ 
 
 Session. ^[\j\y detaining lands and tenements or those under whom he 
 claims, &liali have been in peaceable ]>ossession of tlie same for 
 the space of three years or more, immediately preceding the 
 tiling of the com})laint. such person or party shall not be subject 
 to the penalties of this ^ection. uor shall restitution of possession 
 
PT. 4.— TIT. 1.— Penal Code. 
 
 859 
 
 DWisKm 9 — OflFcDces against the Public Peace and Tranqoilrty. 
 
 be made ; Artd pnmided^ also^ that the only questions to be Biib- T!ti« oot «». 
 mitted to and determined by the jury in trials for forcible entry, 
 or forcible detainer, shall be the possession and the force, witb- 
 ant regard to the merits of the title on either side. 
 
 §4413. Seo. XV. Any person having or carrying about hisj^^^ 
 person, unless in an open manner and fully exposed to view, any^J;^'^ ^^^ 
 jHstol, (except horseman's pistols,) dirk, sword in a cane, spear, 
 bowie-knife, or any other kind of knives, manufactured and sold 
 for the purpose of offence and defence, shall be guilty of a mis- 
 demeanor, and, on conviction, shall be punished by fine or im- 
 prisonment, or both, at the discretion of the court. 
 
 §4414. Sec. XVI. All other oifences against the public peace, o^"><''"«>ffe'» • 
 not provided for in this Code, shall be prosecuted and indicted !><= peace. 
 as heretofore, and the punishment, in every case, shall be by fine 
 or imprisonment in the common jail of the county, or both, at 
 the discretion of the court. 
 
 TENTH DIVISION. 
 
 OFFENCES AGAINST THE PUBLIC MORALITY, HEALTH, POLICE AND 
 
 DECENCY. 
 
 Sjbotion. 
 
 4415. Bigamy. 
 
 4416. Punifelumnt on married pereon. 
 
 4417. On unmarried person. 
 
 4418. Incest. 
 
 4419. Adultery. 
 
 4420. Lewdness. 
 
 4421. Lewd housos. 
 
 4422. Disorderly houses. 
 
 4423. Gaming houst*. 
 
 4424. Gaming tables. "^ 
 
 4425. Gambling. 
 
 4426. Gaming with iniuon'S. 
 
 f 4427. Gaming -with clerks and bnnk ofir's. 
 
 4428. Players — wilnt'.'-scs. 
 
 4429. Judge's cliarge. 
 4430 Suspected houses. 
 
 4431. Unwholesome provisions. 
 
 4432. Unwholesome bread, &c. 
 
 4433. t^preadiug small po.x. 
 
 4434. Viol.-vting ([uarantiui^. 
 
 Sectk .v. 
 
 4435. Vagrants 
 
 4436. Common rogues. 
 
 4437. Nuisances. 
 
 4438. Disinterring bodies. 
 
 4439. Bastardy. 
 
 4440. Retailing without license. 
 
 4441. Illegal marrying. 
 
 4442. Illegal voting. 
 
 4443. Buying or seUing votes. 
 
 4444. Minor voting. 
 
 4445. Adultery with negro. 
 
 4446. Whipping wife. 
 
 4447. Interfering with religious worship. 
 
 4448. Retailing near church. 
 
 4449. Working slaves on Sabbath. 
 
 4450. Running freight trains on Sunday. 
 
 4451. Violating Sabbath. 
 
 4452. Fines from Sabbath-breakers. 
 
 4453. Bonds in c;i.se of vagrancy. 
 
 4454. Att'y or SoFr — duty in such ease. 
 
 §4415. Sec. 1. Polygamy, or bigamy, shall consist in know- Polygamy 
 ingly having a ]ilurality of husbands, or wives, at the same time. ""'' '''^"^' 
 
860 PT. 4.— TIT. 1.— Penal Ck)DE. 
 
 Division 10. — Offences against the Public Morality, Health, Police and Decency. 
 
 piinishment §4416. Sec. II. If anj person or persons within this State^ 
 married. being married, do or shall at any time hereafter marry any per- 
 son or persons, the lawful husband or wife beinjr alive, and know- 
 ing that such lawful husband or wife is living, such person or 
 persons so offending shall, on conviction, be punished by con- 
 tinement at labor in the penitentiary ft>r any time not less than 
 two years nor longer than four years, and the second marriage 
 Five years- shall be void ; but five years' absence of the husband or wife, 
 
 absence. i • • ' • « i 
 
 and no information of the tate of such liusbaiid or wife, shall be 
 sufficient cause of acquittal of the ])erson indicted : and in every 
 case the issue of such second marriage, born before the com- 
 mencement of any prosecution for polygamy, or within the ordi- 
 nary time of gestation thereafter, ehall, notwithstanding the in- 
 VMlidity of such marringe, be considered as legitimate. 
 Punishment ?^4417. Sec. III. If any man or woman, being unmarriod, 
 ^married ^^^'^^^ kuowinglv miuTy the wife or husband of another ].crson, 
 such man or woman shall, (tn conviction, bo punisho<l by im]>ns- 
 onment and labor in the penitentiary for any time not less than 
 one year nor longer than three years. 
 Incest. §4418. Seo. IV. If any person shall ♦n»iumit incestuous 
 
 fornication or adultery, or intermarry within the r^evitical degrees 
 
 • )f consanguinity, or affinity, such person so offending shall, on 
 
 • onvictiou, be punished by imprisonment and lal)or in the peni- 
 tentiary for any time not less than one nor longer than three 
 years, and such marriage shall be void. 
 
 Adaitery ^4419. Sec. Y. Any man and woman wlio shall live tojjether 
 
 una fornicj ■ , "^ " 
 
 ^^on. in a state of adultery or fornication, or of adultery and fornica- 
 
 tion, or wlio shall otherwise commit adultery or fornication, or 
 adultery and fornication, shall be severally indicted, and, on con- 
 viction, such offenders shall l»e severally fined or imprisoned in 
 the common jail of the county, or both, at the discretion of the 
 court ; PrQvide<l^ that the fine shall not exceed ♦"he sum of five 
 hundred dollars, and the imprisonment shall not extend beyond 
 the term of sixty days. Put it shall, at any time, be within the 
 power of the parties to prevent or suspend the prosecution and 
 the pfmishment, by marriage, if such marriage can be legally 
 solemnized. 
 Lewdness §4420. Sec. VI. Any pcrson who shall be guilty of oi)en 
 t^piinl^"^ lewdness, or any notorious act of public indecency tending to 
 debauch the morals ; or of keeping open tippling houses on the 
 Sabbath day or Sabbath night shall, on conviction, l»e fined or 
 
FT. 4.— TIT. 1.— Penal Code. 861 
 
 Division 10. — Offenoea agaioRt the Public Morality, Health, Police and Decency. 
 
 imprisoned in the common jail, or both, at the discretion of the 
 court. 
 
 §4421. Sec;. VII. If any person shall maintain and keep au,vd 
 lewd house, or place for the practice of fornication or adultery, 
 either by himself or herself or others, he or slie so offending 
 fihall, on conviction, be ])unished by line or imprisonment in 
 the common jail, or both, at the discretion of the court. 
 
 §4422. Seo. VIII. Any person who shall keep and maintain, Pis^-rdfri-. 
 cither by himself or herself, or others, a common ill-governed 
 and disorderly house, to the encouragement of idleness, gaming, 
 drinking, or other misbeliaviom*, or to the common disturl)anceof 
 the neighborhood or orderly citizens, such person so offending 
 ehall, on conviction, be punished by fine or imprisonment in the 
 common jail, or both, at the discretion of the court. 
 
 ^4423. Sec. IX. If any person shall, bv him.^elf, servant, or J^'"'"s „ 
 agent, keep, have, use or maintain, a i^aminij hou^e or r(»om ; or^"'^""f"*' 
 ehall, in any house, place or room, occupied by bim, ])cri7iit per- 
 sons with his knowledge to come together and l)lay for money or 
 any other valuable thing, at any game of faro, loo, brag, bluff', 
 or any other game played with cards, or shall knowingly rent or 
 let any house or room, with the view or expectation of the same 
 being used for such purpose, such person so offending shall, on 
 conviction, be fined in a sum not exceeding five hundred dollars, 
 and imprisoned in the common jail of the county for any time 
 not exceed inci: three months. 
 
 §4424. Sec. X. If any person shall by himself, or servant, or^yn'ns 
 
 y any other agent, keep or employ any i'aro table, E O table, or A 
 
 VB C or roulette table, or other table of like chara^'ter, and shall, 
 
 ^ either by hiniself or agent, preside or deal at any iaro table, or 
 
 } use any E O or A B Cor roulette table, or other table of like 
 
 character, for the ])urpose of playing and betting at the same, 
 
 6uch person so oflending shall, on conviction, be punished by 
 
 , imprisonment in the penitentiary not less than one or longer 
 
 /than three years. 
 
 §4425. Sec. XI. If any person shall play and bet for money, oamWing. 
 or other thing of value, at any game of faro, loo, })rag, bluff, 
 three-np, seven-up, poker, vingtun, euchre, or any other game or 
 games played with cards, or shall play and bet for money or other 
 thing of value, at any E O or A B C table, or other table of 
 like character, or at roulette or rmige et noir, or chuckluck, or 
 any similar game of chance played with dice, or cards or balls, 
 
^^2 PT. 4.— TIT. 1.— rENAi, Code. 
 
 Division 10.— OfiFences against the Public Morality, Health, Police and B^^^cy- 
 
 or shall bet at any game of nine pins or ten pins, or at any other 
 number of pins, or at any billiard or pool table, such person so 
 offending; on conviction, shall be timed in a sum not less than 
 twenty dollars nor more than five hundred dollars. 
 withmtDors §44-26. Sec. XII. Any pei^on keepincr any table, or dealing 
 at any game, as al>ove specitied, wlio shall permit any minor to 
 plav and bet thereat, or any person of full age who shall gamble 
 with a minor at any of the games above specified shall, on con- 
 viction, in addition to tlic penalty jircscribcd above,, be impris- 
 oned at the disereticni of the conrL 
 With clerks ^4427. Sec. XIII. The provisions of the above section shall 
 ofHoc^r'' extend to all persons gaming witli tlic officer or agent of any 
 bank entrusted with any uf its funds, or any clerk in any post 
 office in this State, 
 riaj-er* §4428. Sko. XIV. On the trial <if any person for offending 
 
 ^tliM^"^ against the five i)receding sections uf this division, any other per- 
 8on who may liave played and betted at the same time or table, 
 shall be a competent witness, and be compelled to give evidence, 
 and n'Jthing tlien said by suo-^a witness shall at any tima be receiv- 
 ed or given in evidence against him in any prosecution against 
 the said witness, except on an indictment for perjury, in any mat- 
 ter to which he may have testified. 
 jn.i?«>to § 442i>. Sec. XV. It shall be the duty of the Judges of the 
 
 JinRiri Suixjrior Courts of this State, at the opening or ooramencement 
 of every court, to give in cliarge to the grand juries, respectively, 
 the substance of the sections contained in this Code relative to 
 gambling. • 
 
 aaspwjiod §4430. S?X3. XVI. It shall be lawful for any lawful officer, 
 h.m""'mr»y with Icgal autliority, to break open suspected rooms or house?, 
 opolL" '" where it is commonly known that gaming is carried on, and to 
 take any persons found gaming, and bind or cause them to be 
 bound over to the next Superior Court to be held in and for the 
 count}' where such offences may be committed ; and if such per- 
 sons so found gaming shall fail or refuse to give security for his 
 or their appearance at court, to answer for such offences, then it 
 shaU be lawful to commit such person or persons to jail. 
 seWngnn- §4t3I. ShX). XVII. Auy butchcr, or other person selling the 
 pi^'vuTJ'"/ flesh of a diseased animal, or other unwholesome provisions, shall 
 be indicted, and on conviction, shall be punished by fine or iiu- 
 prisoument iu the common jail, or both, at the discretion of the 
 court. 
 
I*T. -J.— TIT. 1.— Pkxai. Code. 863 
 
 Pivisinn 10. — Oenoeji a^inst the Public Morality, Healtb, Pdice and Dpcepcv. 
 
 §4432. Sec. XVIII. Anv baker, brewer, distiller merchant C"'^»'oi<" 
 grocer, or other person, t-elhngunwholer^ome bread, drink, or per-""^*^''"'^ 
 nicious and adulterated liquor, knowing thetri to be so, fhall be 
 indicted, and on conviction, shall l>e fined or imprisoned in the 
 common jail, or both, at the dipcretion ot the court. 
 
 §4483. Sec. XIX. Any physician, Hirgeon, or other person, spro^dine 
 willfully endeavoring to spread tlie Fmall pox, without iftoculaton *""^" *"'^' 
 or by inoculation with matter of the small pox, or u?ino- any 
 other inoculation than that called vaccination, unless bv special 
 commission or authority from the Inferior Court of the county 
 where the small pox shall make its appearance, shall be indicted 
 and on conviction, lined in a sum not exceeding one thousand 
 dollars, and be imprisoned in tlie common jail at the discretion 
 of the court. 
 
 §4434. Sec. XX. Any person who shall come mto this State 
 
 111 /» "^I'^i., ViolaUfin ot 
 
 by land or watt^r irom any place infected with a contac/ious die- ''''•*'*"*'''* 
 case, and in violation of quarratine regulations, shall beindieted 
 in any county in this State in which he may Ih) foun<l, and on 
 •conviction, sentcTu^ed to pay h tine not exceeding five hundred 
 dollars, and also be imprisoned in the common jail at the discre- 
 tion of the court. 
 
 §4435. Sf^. XXI. Any person wandering or strolling alx>ut v««rant9- 
 or leading an idle, immoral, profligate course of life, wlx) haeri'Mrl^'" 
 no property to support him, and who is able to work, or other- 
 wise to support hitn?elf in a respectable way, or who is a profes- 
 sional gambler, shall be deemed and considered a vaorant and 
 shall be indicted as such, as in other cases, and on conviction 
 shall be punished by confinement and hard labor in the peniten- 
 tiary for any time not less than two nor longer than four yeai-s • 
 Provided vevettheless, that at any time before conviction eaid 
 indictment shall be quashed upon the defendant's payino- costs 
 and giving bond and good security in open court i'w hh good 
 behavior and future industry for one year. The amount of euch 
 bond shall not exceed four hundred dollars. 
 
 ^4436. Sec. XXII. If any person shall be apprehended, hav-H.,-inspns. 
 ing upon him or her, any picklock, key, crow, bit, or other in-'TJl'L':.;! 
 strument, with intent to bi-eak and enterinto any dwel lino- house ''''-■''^'**»^ 
 warehouse, store, shop, coach-house, stable or out-house, ^n order 
 to steal or commit any other crime, or shall have upon him any 
 pistol, hanger, cutlass, bludgeon, or other offensive weapon, with 
 intent to commit crime on any person, which, if comm'ittod. 
 
864 PT. 4.— TIT. 1.— Penaj. Code. 
 
 Division 10.— Ofl'ences againet the Public Morality, Health, Police and Decency 
 
 would be punishable by death cr (confinement in the penitentiary, 
 or shall be found in or upon any dwelling-house, warehouse, 
 store, shop, coach-house, stable, or out^liouse, with intent to steal 
 any goods or chattels, every such jiersou shall be deemed a rogue 
 and a vagabond, and on conviction, shall be punished by con- 
 finement and laV>or in the penitentiary tor anytime not less^ than 
 one year nor longer than five years, ur by imprisonment in the 
 common jail of the county at the discretion of the court. 
 _ S 4437. Skcj. XXIII. Any person who sliall erect or continue, 
 
 Whatnni- •- . . . , ' 
 
 saucesare j^ftcr n<jtic'.! to abate any nuisance which tends to annoy the com- 
 
 indictaalt. _ '' .... 
 
 mutiify, or injure the health of ihe citizens in general, or to cor- 
 rupt tiic jiublic morals, shall be indictable, and punishable by 
 tine or imprisonment in the common jail of the county, or both, 
 at the discretion of the court. 
 Di.sint.Mvi.g §4438. Seo. XXIV. If any person or persona shall remove the 
 lu/S"*' dead l.iody of a human being from the grave or other place of in- 
 buoies. terment, or from any vault, tomb, or sepulchre, or from any other 
 place, without the consent of the friendu of said deceased, except 
 malefactors executed under 8enten(;e of the law, for the purpose 
 of selling or dissecting the same, or from mere wantoness, such 
 person or persons so effending shall be punished by fine or im- 
 prisonment in tliG common jail of the county, or l>oth, at the dis- 
 cretion of the court; and any person who shall receive or pur- 
 chase such dead body, knowing it to have been disinterred or re- 
 moved from any tomb, vault or sepulchre, or such other place, 
 fur the purpose a,foresaid, shall, on conviction, receive the same 
 punishment. 
 Putativ.- fti- ^4430. Sec. XXV. If any putative father of a bastard child 
 ther refusing ^^, children, shall refuse or fail to give security for the mainten- 
 ance and education of such child or children, when required 
 to do so in terms of the law, such putative father shall be in- 
 dicted for a misdemeanor, and, on conviction of the fact of being 
 the father of such bastard child or children, and of his refusal or 
 failure to give sncli security, he shall be punished by a fine of 
 seven hundred dollars for each child ; which said fine shall be 
 paid over to the Inferior Court of the county, to be by them im- 
 proved and applied from time to time, as occasion may require, 
 "for tlie maintenance and education of such child or children ; 
 and if the offender is unable to pay oaid fine or fines, he shall be 
 punished by imprisonmeiit iii the common jail for the space of 
 three months. 
 
PT. 4.— TIT. 1.— Penal Code. 865 
 
 Division 10. — Oflences against the Public Morality, Health, Police and Decency. 
 
 §44-i0. XXVI. If any person shall keep a tippling shop, orEetaiUng 
 sell by the quart without the license, and taking the oath pre- out ucense. 
 scribed in this Code, or sell by retail in quantities less than one 
 quart any wine, brandy, rum, gin, whisky, or other spirituous 
 liquors, or any mixture of such liquors, in any house, booth, 
 arbor, stall, or other place whatever, without license from the 
 Inferior Court of the county, or witliout license from the corpo- 
 rate authorities of any town or city, where, by law, authority to- 
 grant licenses is vested in the corporate authorities of such towns- 
 or cities, such person so offending shall be guilty of a misde- 
 meanor, and, on conviction, shall be fined in the sum of fifty dol- 
 lars ; and on failure to pay such fine, shall be imprisoned in the 
 common jail for the space of thirty days ; Provided^ no person 
 shall be liable to indictment in the Superior Courts of this State 
 for a violation of this section when said person has been already 
 tried by the corporate authorities tor the same offence. 
 
 §4441, Sec. XXVII. If any minister of the gospel. Judge, MarmnR «- 
 Justice of the Inferior Court or Justice of the Peace, shall join wfthout**u- 
 together in matrimony any man and woman, without a license*^"**' 
 or publication of banns, as provided by law ; or where either of 
 the parties within his own knowledge shall be an idiot or luna- 
 tic, or subject to any other disability, under this Code, which 
 would render such contract or marriage improper and illegal, 
 such minister. Judge, Justice of the Inferior Court or Justice of 
 the Peace, shall be guilty of a misdemeanor, and, on conviction, 
 shall be fined in a sum of not less than one hundred dollars nor 
 more than five hundred dollars, which said fine, when collected, 
 shall be paid over to the Justices of the Inferior Court of the 
 county where the offence was committed, for the use of the common 
 school fund of said county. 
 
 § 4442. Sec. XXVIII. If any person shall hereafter vote more voting more 
 than once at any election which may be held in any county of ""° °"*^ 
 this State, or vote out of the county in which he may usually 
 reside, for members of the Legislature, or for county officers, 
 unless authorized by law, such person shall be indicted for a mis- 
 demeanor, and, on conviction, shall be punished by imprisonment 
 and labor in the penitentiary for any time not less than one year 
 nor more than two years. 
 
 §4443. Sec. XXIX. If any person shall hereafter buy or sell. Buying or 
 or offer to buy or sell a vote, or be concerned in buying or sell-**'*^ ^*'*' 
 ing a vote, or shall unlawfully vote at anv election which may 
 55 
 
866 
 
 PT. 4.— TIT. 1.— Penal Code. 
 
 Illegal vo- 
 ting hy a 
 minor. 
 
 Adultciy 
 ■with negro. 
 
 Wbipliini; 
 wife. 
 
 Division 10.— Oflences against the Public Morality, Health, Police and Decency. 
 
 be held in any county in this State, such persons shall be indicted 
 for a niisdeuicanor, and, on conviction, shall be punished by im- 
 prisonment and labor in the penitentiary for a term not less than 
 one year nor more than four years. 
 
 § 4444. Sec. XXX. If any person, under the age of twenty- 
 one years and above the age of fourteen, shall vote illegally at 
 anv election, he shall be fined in a sum not exceeding one hun- 
 dred dollars or imprisoned in the common jail of the county, at 
 the discretion of the court. 
 
 §4445. Sec XXXI. Any white man and woman of color, free 
 or blave, who shall live together in a state of adultery or fornica- 
 tion, or adultery and iurnication, such white man shall be guilty 
 of the crime of living in such state, and, on conviction, shall be 
 punished by line or imprisonment, or both, at the discretion of 
 the court. 
 
 § 4446. Sec. XXXII. If any man shall whip, beat, or otherwise 
 cruelly maltreat his wife, he shall \)C deemed guilty of a misde- 
 meanor, and. upon conviction, shall be imprisoned in the common 
 jail not exceeding six montlis, at the discretion of the court. On 
 such trials the wife shall be a competent witness. 
 
 § 4447. Sec. XXXIII. Any person who shall, by cursing or 
 using profane or obscene language, or by l)eing intoxicated or 
 otherwise indecently acting, interrupt or in any n)anner disturb 
 any congregation of persons lawfully assembled for divine ser- 
 vice, shall be guilty of a misdemeanor, and, on conviction, shall 
 be lined or imprisoned, at the discretion of the court. 
 saiing si.ir- § 4448. Sec. XXXIV. Any person who shall sell, or cause to 
 
 its 'Within a , i i /• i • • • • • • i • • i • 
 
 iniieofa bc sold tor iiim, any spirituous or intoxicating liquors, within one 
 mile of any church or meeting-house, or other place set apart or 
 being used for divine worship, during the time appropriated to 
 such worship, (unless the same be within an incorporated city or 
 town,) shall be guilty of a misdemeanor, and, on conviction, shall 
 be lined or imprisoned, or both, at the discretion of the court. 
 Working §444'J. Sec. XXXV. Any person who shall, on the Lord's day, 
 sabbath"day. commoiily called Sunday, employ, or cause to be employed, any 
 slave in any work or labor, (works of absolute necessity and the 
 necessary occasions of the family only, excepted,) shall be guilty 
 uf a misdemeanor for each slave so employed, and, on conviction, 
 shall be lined or imprisoned, at the discretion of the court. 
 
 Ititerfcrins 
 with relig- 
 ious WOI'- 
 ship. 
 
FT. 4.— TIT. 1.— Pen.vi. Code. 867 
 
 Division 10. — Offences against the Public Mnralitv. Health, Police and Decency. 
 
 § 445©. Sec. XXXYII. If any freight train shall be run on Running 
 any railroad in tliis State on the'Sabbath day (known as SundayV'"'''"**"* 
 
 , . , . P i" -1 "^ ^ Sabbath day. 
 
 the sui)erintendent ot transportation oi sncli railroad company, 
 or the officer having charge of that department of the business 
 ■of the railroad, sliall be liable to indictment for a misdemeanor in 
 each county througli which sucli train shall pass, and, on convic- 
 tion, shall be fined for each offence the sura of live hundred dol- 
 lars. On such trial it shall not be necessary to allege or prove 
 the names of any of the employees engaged on such train, but 
 the simple fact of the train being run. The defendant may jus- 
 tify himself by proof that such employees acted in direct viola- 
 tion of the orders and rules of the defendant. 
 
 §4451. Sec, XXXYI. Any tradesman, artificer, workman or violating 
 laborer, or other person whatever, who shall pursue their busi- ^*^^*'^" 
 ness or work of their ordinary callings npon the Lord's day, 
 (works of necessity or charity only excepted,) shall be guilty of 
 a misdemeanor, and, on conviction, shall be punished by a fine 
 not exceeding fifty dollars. 
 
 § 4452. Sec. XXXYIII. All monies arising from fines imposed Fines for 
 for oft'ences, the gist of which consists in their being committed the'sabbatL 
 on the Sabbath day, shall be paid to the Ordinary of the county, 
 to be by him distributed for the purpose of establishing and pro- 
 moting Sabbath schools in the county. 
 
 §4453. Sec. XXXIX. When any person prosecuted as a va- Bond in 
 grant, shall give bonds and security in terms of the nineteenth grancy. ^*' 
 section and tenth division of the Penal Code of this State, and 
 shall violate the conditions of said bonds, and that fact shall be 
 made to appear to the Court where said indictment was found, 
 by the affidavit or the prosecutor, or any other person, it shall be 
 the dut}^ of the court to cause a soi?-e facias to issue, calling up- 
 on the principal in said bond, and his security, to show cause at 
 the next term of said court, why said bond shall not be forfeited, 
 which shall be served as in cases of bail ; on which an issue shall 
 be made up, if desired by the defendant, and tried by a jury; 
 and if it shall appear that said defendant has violated the condi- 
 tions in said bond, judgment shall be awarded on said scire fa- 
 cias, against said principal and his securities, for the penalty in 
 said bond, with costs of suit. 
 
 §4454. Sec. XL. It shall be the duty of the Attorney and soiicitor-3 
 Solicitors General, to represent the State in all suits on bonds as fcesf *° 
 aforesaid ; and he shall receive five dollars for prosecuting the 
 
868 
 
 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 10. — Offences against the Public Morality, Health, Police and Decency. 
 
 scire facias^ to be taxed in the bill of costs, and also five per 
 cent, of the amount recovered on said bond. 
 
 ELEVENTH DR^ISION. 
 
 OFFENCES COMMITTED BY CHEATS AND SWINDLERS, AND OFFENCES 
 AGAINST PUBLIC TRADE. 
 
 Section. 
 
 4455. Credit by fraud. 
 
 4456. Chciiling at play. 
 
 4457. Baker's cheating. 
 
 4458. P'alse weights. 
 
 4459. Ofienoes abolished. 
 
 44 GO. Coiuiterfeiting brands. 
 44G1. Dirt in Cotton, &c. 
 
 Section. 
 4462. Personating another. 
 44G.3. Similar oflence.s. 
 4-161. Personating witness. 
 
 4465. Lying to obtain security. 
 
 4466. Peddlers without license. 
 
 4467. Deceiving as to lien. 
 
 4468. Illegally measuring lumber. 
 
 Persons 
 
 credit 
 
 § 4455. Sec. I. If any person, bj false representation of his 
 obto^ning"^ own respectability, wealth, or mercantile correspondence and 
 connections, shall obtain a credit, and thereby defraud any per- 
 son or persons of any money, goods, chattels, or any other valu- 
 able thins^, or if any person shall cause or procure others to re- 
 port falsely of his honesty, respectability, wealth, or mercantile 
 character, and by thus imposing on the credulity of any person 
 or persons, shall obtain a credit, and thereby fraudulently get 
 into possession of goods, wares, or merchandize, or any other val- 
 uable thing or things, such person so offending, shall be deemed 
 a cheat and swindler, and, on conviction, shall be punished by 
 fine, or imprisonment in the common jail of the county, or both, 
 at the discretion of the court ; and such person shall, moreover, 
 be compelled, by the order and sentence of the court, to restore 
 to the party injured the property so fraudulently obtained, if it 
 can be done. 
 
 §4456. Sec. II. If any person or persons shall, by any fraud, 
 or shift, circumvention, deceit, or unlawful trick, or device, or ill- 
 practice, whatever, in playing at cards, dice, or any game or 
 games, or in or by bearing a share or part in the stakes, wagers, 
 or adventures, or in or by betting on the sides or hands of such 
 as do or shall play, obtain, or acquire to him or themselves, or to 
 any other or others, any money, or other valuable thing or things, 
 whatever, such person or persons so offending, shall be indicted, 
 and, on conviction, shall be deemed a cheat, and shall be sen- 
 tenced to pay a fine of five times the value of the money, or 
 
 cheating at 
 pUy. 
 
PT. 4.— TIT. 1.— Penal Code. 869 
 
 Division 11. — Offences committed by Cheats and Swindlers. &c. 
 
 •other things so won, as aforesaid, and shall also be imprisoned in 
 the common jail of the county, at the discretion of the court. 
 
 §4457. Sec. III. Any baker or other person selling bread, un- Bakers atu 
 •der the assize established by the corporation of any city, town, ^^^^^ ^^^' 
 or village, or the rules laid down l)y any law, shall be deemed a 
 ijheat, and, on conviction, shall be punished by fine, or imprison- 
 ment in the common jail of the county, or both, at the discretion 
 of the court. 
 
 §4458. Sec. IV, If any person shall, knowingly, buy or sell sciiing by 
 by false weights or measures, he or she shall be deemed a com- ^Sm^l^ 
 •mon cheat, and, on conviction, shall be punished by fine, or im- 
 prisonment in the common jail of the county, or both, at the dis- 
 cretion of the court, 
 
 § 4459. Sec, V. The ofiences of forestalling, regrating and en- oironcos 
 grossing, are hereby alwlished. ' abolished. 
 
 § 4460. Sec, YI, If any person shall, fraudulently, counter- counterfeit- 
 feit, or be concerned in fraudulently counterfeiting any brand oro"™k^ic 
 mark directed by law, or shall, fraudulently, cause or procure 
 the same to be done, or shall use, export, sell, exchange, barter, 
 or expose to sale, any bale, cask, Ijarrel, hogshead, or vessel of 
 any kind, or any other thing u])on which a brand or mark is di- 
 rected by law to be made, with such counterfeit brand or mark, 
 knowing the same to be false and counterfeit, such person so of- 
 fending shall, on conviction, be deemed a cheat, and be punished 
 hj a fine not exceeding two hundred dollars, and imprisonment 
 in the common jail of the county, for any term not exceeding six 
 months, 
 
 §4461, Sec, VII, Any person who shall put or cause to be Putting dirt 
 put into any bale or bales of cotton, hogshead or hogsheads, bar- rnt^c^uon, 
 rel or barrels, cask or casks of sugar, or rice, pork, beef, or other "''^ **" 
 provisions, any dirt, rubbish, or other thing, for the purpose of 
 adding to and increasing the weight or buik of said cotton, su- 
 gar, rice, beef, pork, or other provisions or things, shall be deem- 
 ed a common (theat, and, on conviction, shall be punished by a 
 fine equal to the value of the thing thus fraudulently packed 
 or put up, and imprisonment and labor in the penitentiary for 
 any time not less than one year, nor longer than five years. The 
 bare possession or ownership of such commodities, so fraudu- 
 lently packed or put up, shall not, of itself, authorize a convic- 
 tion, where suflicient evidence of knowledge or privity on the 
 
870 PT. i.— TIT. 1.— Penal Code. 
 
 Division 11. — Offences committed by Cheats and Swindlers, &c. 
 
 part of the owner, or the person in possession, may not be pro- 
 duced before the court and jury. 
 Obtaining §4462. Sec. VIII. If any person shall falsely personate an- 
 b^^'perstn- otlicr, and thereby fraudulently obtain any money, goods, chat- 
 ^^^^^' tels, or other thing or things of value, or with the intention of 
 thereby fraudulently obtaining any money, goods, chattels, or 
 other valuable thing, such person so oftending, shall be deemed 
 a cheat and swindler, and, on conviction, shall be punished by 
 imprisonment and labor in the penitentiary for any time not less 
 than one year, nor longer than five years; or, in trivial cases, by 
 fine and imprisonment in the common jail, at the discretion of 
 the court, 
 other offen- §4463. Sec. IX. Auv pcrsou usiug any deceitful means or art- 
 
 cesoflike ,. '^ . , , , , , • i 
 
 kind. till practice, (other than those which are mentioned and provi- 
 
 ded against in this Code,) by which individuals or an individual, 
 or the public, are or is defrauded and cheated, such person so of- 
 fending, shall be deemed a common cheat and swindler, and, on 
 conviction, shall be punished by tine or imprisonment in the 
 common jail, or both, at the discretion of the court. 
 
 Personating §4464. Skc. X. If any person shall falsely represent or per- 
 
 another as '^ i . i ^ i r ^ 
 
 witness or sonatc auotlicr, and in such assumed character answer as a wit- 
 
 otherwise in . , , . , -. 
 
 court. ness to interrogatories, or do any other act in the course oi any 
 
 suit, proceeding, or prosecution, or in any other way, matter or 
 thing, whereby the person so personated or represented, or any 
 other person, might sutler damage, loss or injury, such person so 
 oii'ending, shall, on conviction,, be punished by confinement and 
 labor in the penitentiary for any time not less than one year, nor 
 more than five years. 
 Lying to Ob- §4465. Sec. XI. If any person, by false representation of his 
 sers or other or licr solvcucy, sliall iuducc another to become his or her bail, 
 Becnn y. gj^jQi-gej.^ qj. security upon any recognizance, bond, note, bill of 
 exchange, or other instrument for the payment of money, or 
 performance of any personal duty, knowing at the time that he 
 or she is insolvent, and such bail, endorser, or security shall suf- 
 fer loss or damage, in consequence of such undertaking and lia- 
 bility on his part, such person so oftending, shall be guilty of a 
 misdemeanor, and, on conviction, shall be punished by fine and 
 imprisonment in the common jail, at the discretion of the court. 
 Dealers § 4466. Sec. XII. If any peddler or itinerant trader, shall sell 
 
 H^ense.' or veud any goods, wares, or merchandize, except such as are ex- 
 cepted by la\v, within this State, without a license from the 
 
PT. 4.— TIT. 1.— Penal Code. 
 
 S71 
 
 Division 11. — Offences committed by Cheats and Swindlers, &c. 
 
 proper authority for that purpose, such peddler or itinerant tra- 
 der, sliall he guilty of a misdemeanor, and, on indictment and 
 conviction thereof, shall he fined and imprisoned, at the discre- 
 tion of the court. 
 
 / §4467. Skc. XIII. Any person who shall, in the sale or dis-Beceivinsras 
 1 posing of any property, either real or personal, defraud another, onfen,^^"*^* 
 ^ by falsely representing that such property is not subject to tlie lien 
 -/of any mortgage or judgment, or other lien againt such person 
 or property, knowing the same to be subject thereto, shall be 
 deemed and held a common cheat and swindler, and, on convic- 
 tion, shall be punished by fine and imprisonment, or both, at the 
 discretion of the court. 
 
 ■ §4468. Sec. XIV. If any measurer and inspector of timber megaiiy 
 appointed under the laM's of this State, or any person not being ™mber!"^ 
 an official measurer and inspector, shall measure any timber 
 other^vise than as required by the laws of this State, he shall be 
 guilty of a misdeanor ; and, upon conviction thereof, shall be 
 punished for each offence, by a fine not exceeding the value of 
 the timber measured, or by imprisonment in the common jail of 
 the county, for a time not exceeding ninety days ; Provided^ that 
 this provision shall not apply to any case when the measurement 
 is not for the purpose of being used in the sale of , the timber, or 
 to any case where the parties buying and selling, contract to have 
 the timber measured, other than according to the laws of this 
 State. 
 
 TWELFTH DIVISIOK 
 
 FRAUDULENT OR MALICIOUS MISCHIEF. 
 
 Section. 
 44G9. Destroying- books or papers. 
 
 4470. Altering land marks. 
 
 4471. Buoys, beacons, <tc. 
 
 4472. Setting fire to stacks. 
 
 4473. Setting fire to woods. 
 
 4474. Setting fire to fences. 
 
 4475. Breaking bridges, dams, Ac. 
 
 4476. Killing or maimmg cattle. 
 
 4477. Turnpikes, fixtures, kc. 
 
 Section. 
 
 4478. Firing or sinking ves.sels. 
 
 4479. Cutting down trees. 
 
 4480. Mile or guide posts. 
 
 4481. Obstructing highway. 
 
 4482. Destroying growing crop. 
 448.3. Fixtures of coast survey. 
 
 4484. Public burying grounds. 
 
 4485. Injuring fish ponds. 
 
 4486. Other similar acts. 
 
 § 4469. Sec. I. If any person shall fraudulently or maliciously Destroyii 
 tear, burn, or in any other way destroy any deed, lease, will, J°,tofTal 
 bond, or other writing sealed, or any bank bill or note, check. 
 
872 ?T. 4.— TIT. 1.— Penal Code. 
 
 Division 1 2. — Fraudulent or Malicious Mischief. 
 
 draft, or other security for the paymeut of money, or the delivery 
 of goods, or any certificate, or otlier public security of this State, 
 or of the Confederate States, or any of them, for the payment of 
 money, or any receipt, acquittance, release, discharge of any debt, 
 suit, or other demand, or any transfer or assurance of money, 
 stock, goods, chattels, or other property, or any letter of attorney, 
 or other power, or any day-book, or otlier book of accounts, or 
 any agreement, or contract whatever, with intent to defraud, 
 prejudice, or injure any person, or body politic or corporate, such 
 person so otlending shall, on conviction be punished by imprison- 
 ment and labor in the penitentiary for any time not less than one 
 year nor longer than four years, or, in trivial cases, by imprison- 
 ment in the common jail, or by tine, or both, at the discretion of 
 the court. 
 Altering <»r §4470. Sec. II. If any pcrsou sliall kuowiugly, maliciouslv, or 
 landmarks, fraudulently cut, fell, alter or remove any certain boundary tree, 
 or other allowed landmark, to the wrong or injury of his neigh- 
 bor, or any other person, such person so oflending shall on con- 
 viction, be punished by a tine not exceeding five hundred dollars, 
 and imprisonment in the common jail of the county for any time 
 not exceeding one year. 
 Bnoy^bea- §4471. Sec. Ill, If any person or pcrsous sliall maliciously or 
 without authority, cut down, remove, or destroy any beacon or 
 beacons, buoy or buoys, erected b}' any commissioners of pilot- 
 age, or other person or persons duly authorized for that ])urpose, 
 such person or persons so oft'ending shall, on conviction, be pun- 
 ished by confinement and labor in the penitentiary for any time 
 not less than two years nor longer than five years. 
 Setting fire §4472. Sec. IV. Any pcrsou or persons who shall willfully 
 ****'*^^*' and maliciously set fire to, or burn any stack or stacks of corn, 
 fodder, grain, straw, or hay, shall, on conviction, bo punished by 
 imprisonment and labor in the penitentiary for any time notices 
 than one year nor longer than three years. 
 Setting fire § -^^73. Sec. V. If any person shall willfully and maliciously 
 to woods, gg^ ^j^ ^j.^^ ^^ cause to be set on fire, any woods, lands or marshes 
 within this State, so as thereby to occasion loss, damage or injurj^ 
 to any other person, such person so ofiending shall, on con\dctioii, 
 be punished by imprisonment in the common jail for any time 
 not exceeding six months, at the discretion of the court. 
 Fencee. § 4474. Sec. YI. If any person shall willfully and maliciously 
 
 set fire to any fence or fences, or other enclosure, or cause or pro- 
 
PT. 4.— TIT. 1.— Penal Code. 873 
 
 Division 12. — Fraudulent or Malicious Mischief. 
 
 cure the same to be done, or shall take from such fence or enclos- 
 ure any rail or rails, or other material of which the same is made 
 or composed, for the purpose of using the same as fuel, such per- 
 son so offending shall, on conviction, 1ie punished by fine and 
 imprisonment in the common jail of the county, at the discretion 
 of Jhe court. 
 
 § 4475, Si:c. YII. If any person shall unlawfully, willfully and Breaking 
 maliciously break down, cut open, through, injure or destroy any dams, banks, 
 bridge, river or meadow bank, rice-dam mill-dam, or any other 
 •dam or bank, such person so offending shall, on conviction, be 
 punished by confinement and labor in the penitentiary not less 
 than one year nor longer than three years, or by fine and impris- 
 onment in the common jail, at the discretion ot the court. 
 ^'§4476. Sec. VIII. If any person shall maliciously maim orKiningor 
 kill any horse, mule, bull, steer, ox, cow, calf, heifer, or other "att" of 
 animal falling under the description hereinbefore given of horses "^^' 
 or cattle, or shall maliciously kill a hog or hogs, such person so 
 offending shall, on conviction, be punished by fine or imprison- 
 ment in the common jail at the discretion of the court. 
 
 § 4477. Sec. IX. If any person shall maliciously injure or des- Tumpiks 
 
 , .Mi . i J. ' •! •! and naviga- 
 
 troy any turnpike gate or gates, or any post or posts, rail or rails, tionfistures. 
 wall or walls, or any chain, bar, or other fence belonging to any 
 turnpike gate, or any house or houses erected, or to be erected 
 for the use of any such turnpike gate or gates, or shall willfull}' 
 and maliciously injure or destroy any lock or locks, or other 
 works erected to protect and secure the navigation of any river or 
 canal in this State, every such person so oft'ending shall, on con- 
 viction, be punished by imprisonment and labor in the penitentiary 
 for any time not less than one year nor longer than four years.* 
 
 § 447S. Sec. X. If any person shall willfully and maliciously Firing or 
 burn, or set fire to any ship, boat, or other vessel above the value elfs."'^ ^ 
 of two hundred dollars, along side of any wharf, or at anchor in 
 any river, or in any waters in this State, or if any person shall 
 willfully and maliciously make, or assist in making any hole in 
 the botcom, side, or any part of any ship, boat, or other vessel, 
 above the value aforesaid, or do any other act tending to the loss 
 or destruction of such ship, boat, or other vessel, within the wa- 
 ters of this State as aforesaid, such person so offending shall, on 
 conviction, be punished by imprisonment and labor in the peni- 
 
 *NoTE. — For similar provision as to railroads, see Sixth Division, section 4335. 
 
S74 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 12. — Fraudulent or Malicious Mischief. 
 
 tentiary for any time not less than three years nor longer than 
 seven years ; and if the ship, boat, or other vessel thus injured 
 or destroyed, as aforesaid, be of the value of two hundred dol- 
 lars, or under that value, then the person convicted of injuring 
 or destroying such ship, boat, or other vessel, as aforesaid, shall 
 be punished by fine or iniprisonincnt in the common jail of the 
 county, or both, at the discretion of the court. 
 
 Cutting § 4479. Sec. XI. If any person shall willfully and maliciously 
 
 cut down, injure or destroy any ti-ee or trees planted or growing^ 
 in any town, village, or city, or in any avenue, yard, garden, or- 
 chard or plantation, for ornament, shelter, shade, or profit, such 
 person so offending shall, on conviction, be punished by fine or 
 imprisonment in the common jail of the county, or both, at the 
 discretion of the court. 
 
 Mile or §44S0. Se<". XII. If auv person shall willfully or maliciously 
 
 gu epos j^j.^jr^]^.^ deface, destroy, or remove any mile stone or post, or any 
 guide board, erected upon any })ublic road or highway, or alter 
 any mark or inscription upon any such mile stone or post, or 
 guide board, such ]>erson so offending shall be indicted for a mis- 
 demeanor, and. on convictitm. sliall be jninished by a fine not ex- 
 ceeding fifty dollars, or impri^;olllllont in the common jail not ex- 
 ceeding thirty days. 
 
 obstructinir §4481. Skc. Xlll. Any person who shall sto[) u]* or (obstruct a 
 public highway, with a malicious intent, or shall do the same acts 
 without such intent, and fail to remove the same on notice from 
 the overseer or commissioner of the road, shall be guilty of ma- 
 licious mischief, and on conviction, fined or imprisoned, or both, 
 at the discretion of the court. 
 
 Severing §4482. Skc. XIY. If auv person sliall commit anv trespass by 
 
 produce •ii'ii 1 !•• 1 " . . , -t f" 1 
 
 from the wiUtullv and malioiouslv severniir from the land of another any 
 
 realty. ' ./ p "^ 
 
 produce thereof, such person so offending shall be indicted for a 
 misdemeanor, and. on conviction, shall be punished by a fine not 
 exceeding one hundred dollars, or by imprisonment in the com- 
 mon jail not exceeding thirty days. 
 Injuries to §4483. Sec. XV. Any person who shall willfully or wantonly 
 
 coast survey. . . , i -u- 
 
 fixtures. injure, deface, or remove any signal, monument, builaing, or any 
 other appendage thereto, erected within this State by virture of 
 any act of Congress authorizing a coast survey, shall be guilty 
 of a misdemeanor, and, on conviction, shall be fined or imprison- 
 ed, or both, at the discretion of the court. 
 
FT. 4.— TIT. 1.— Penal Code. 
 
 S75 
 
 Division 12. — Fraudulent or Malicious Mischief. 
 
 §4J:84. Sec. XVI. Any person who shalhvillfully or wantonly ininri'?s to 
 injure or destroy any enclosure around or within any public ^ng-groun.is. 
 grave-yard or burying-ground, or any monument or tombstone, 
 or other fixture therein, shall be guilty of a misdemeanor, and, 
 on conviction, fined or imprisoned, or both, at the discretion of 
 the court. 
 
 §4485. Sec. XVII. Any person willfully and maliciously injuring 
 breaking the dam or destroying the fish, or fishing therein, or 
 otherwise injuring any artificial fish-pond, shall be guilty of a 
 misdemeanor, and, on conviction, fined or imprisoned, at the dis- 
 cretion of the courtt 
 
 § 4486. Sec. XVIII. All other acts of willful and malicious mi otter 
 
 . ■, . f. . 1 . . . , . , , ,. . acts ofmali- 
 
 miscniei, in the injuring or destroying any other public or pri-cii"8 mis- 
 vate property, not therein enumerated, shall be punished by fine 
 or imprisonment in the common jail, or both, at the discretion of 
 the court before whom the same shall be tried. 
 
 THIRTEENTH DIVISION. 
 
 OPFENCKS RELATIVE TO SLAVES. 
 
 Section. 
 
 4502. Presiimptive evidence. 
 
 , 4503. Negro clerk, partner, &c. 
 
 4504. Rescue of a negro. 
 
 4505. Gaming with negroes. 
 
 4506. Proof necessary. 
 
 4507. Contracts with mechanics. 
 
 4508. Master conceahng criminal. 
 
 4509. Detaming nmaway slave. 
 
 4510. Selling poisonous drugs to slaves. 
 
 4511. Having negro clerks. 
 
 4512. Furnish'g person of color with gun. 
 451.3. Poisonous drug. 
 
 4514. Furnishing person of color with. 
 
 4515. Punishment. 
 
 Section. 
 1487. Harboring slaves. 
 
 4488. Carrying off slaves. 
 
 4489. Beating or wounding. 
 
 4490. Cruel treatment. 
 
 4491. Trading with slaves. 
 
 4492. Evidence. 
 
 4493. Selling goods to. 
 
 4494. Judge's charge. 
 
 4495. Giving tickets. I 
 
 4496. Teaching to read and write. 
 
 4497. Employing in printing. I 
 
 4498. Peddlers trading with. j 
 
 4499. Hiring without pass. | 
 
 4500. Selling books, &c., to. j 
 
 4501. Trading with closed doors. I 
 
 § 4487. Sec. I. Any person who shall conceal, harbor, hide Harboring 
 or employ, in their own or in the service of any other person or ' 
 persons, any slave, to the injury of the owner thereof, shall be 
 guilty of a felony, and, on conviction thereof, shall be punished 
 by imprisonment and labor in the penitentiary for a time not ex- 
 ceeding three years nor less than one year ; Provided, never- 
 theless, that on the trial of this offence, the person charged with 
 
 slavee. 
 
876 FT. 4.— TIT. 1.— Penal Code. 
 
 Division 13. — Offences relative to Slaves. 
 
 it shall be acquitted, if he or she had an apparent well founded 
 claim to the slave so harbored or concealed, and had been peace- 
 ably possessed of him twelve months next preceding the com- 
 mencement of such harboring or concealing ; and on every con- 
 viction for concealing or harboring a slave, the owner of such 
 slave may recover damages in a civil suit for the loss of the labor 
 and services of such slave, notwithstanding such conviction. 
 oarryingoti S 4488. Sec. II, Any persou who shall remove or carrv, or 
 
 slaves or in- " ./ x j i 
 
 dacing them cause to be removed or carried awav out of this State, or any 
 
 to run aw.iy ■' ' •' 
 
 county thereof, any slave being the property of another person, 
 without the consent of the owner or other person having author- 
 ity to give such consent, either with or without any intention or 
 design on the part of the offender to sell or otherwise appropriate 
 the said slave to his own use ; or shall, by bribery, promises of 
 freedom, or any other enticement, induce any slave in this State 
 to leave the services of his owner, or who shall attempt, by any 
 of these means, to induce the slave of another to run away or 
 leave the service of his owner, such person so offending shall be 
 guilty of a misdemeanor, and be punished by imprisonment in 
 tlie penitentiary not less than seven nor more than ten years. 
 nnproTokod §4489. Sec. 'Ill, Any person, except the owner, overseer, or 
 wonn(fing employer of a slave, who shall beat, whip, or wound such slave ; 
 
 the slaves of " ^ ^ ^^ ^ , ^ • j^ e 
 
 othe*^ &c. or any person who shall beat, whip, or wound a tree person oi 
 color, without sufHcient cause or provocation being first given by 
 8uch slave or free person of color, such person so offending may 
 be indicted for a misdemeanor, and, on conviction, shall be pun- 
 ished by fine or imprisonment in the common jail of the county, 
 or both, at the discretion of the court ; and the owner of such 
 slave, or guardian of such free person of color, may, notwith- 
 standing such conviction, recover in a civil suit damage for the 
 injury done to such slave or free person of color. 
 crnei treat- §4490. Se(\IV. Auy owiicr, overseer, or employer of a slave 
 riavesby or slavcs, who sliall cruelly treat such slave or slaves, by unne- 
 cessary and excessive whipping, beating, cutting or wounding, or 
 ])v cruelly and unnecessarily tearing or biting with dogs, by 
 withholding proper food and sustenance, by requiring greater 
 labor from such slave or slaves than he, she or they are able to 
 perform, or by not affording proper clothing, or cause or permit 
 the same to be done ; every such owner, overseer, or employer, 
 shall be guilty of a misdemeanor, and, on conviction, shall be 
 punished by fine or imprisonment in the common jail of the 
 
PT. 4.— TIT. 1.— Penal Code. 8T7 
 
 Division 13. — Offences relative to Slaves. 
 
 county, or botli, at the discretion of the court. On second con- 
 viction, such person shall be declared incapable of .holding slave 
 property in the State. See section 1859. 
 
 §4491. Sec. V. If any person shall buy or receive from any Pm-chnBing 
 slave any amount of money exceeding one dollar, or any cotton, without per- 
 tobacco, wheat, rye, oats, corn, rice, or poultry of any descrip- 
 tion whatever, or any other article, commodity or thing, (except 
 brooms, baskets, foot and bed mats, shuck collars, and such other 
 thing or things, article or articles as are usually manufactured or 
 vended by slaves for their own use only,) without written per- 
 mission from the owner, overseer, or employer of such slave, or 
 some other person authorized to give such permission, authoriz- 
 ing such slave to sell and dispose of such money or other article 
 or articles ; such person so offending shall be guilty of a misde- 
 meanor, and, on conviction, be punished by fine or imprisonment 
 in the common jail of the county, or both, at the discretion of 
 the court. If any owner, overseer, employer, shop keeper, store gpirltf *"" 
 keeper, or any other person whatsoever, shall sell to or furnish 
 any slave or slaves, or free person of color with spirituous liquor, 
 wines, cider, or any intoxicating liquors, for his own use or for 
 the purpose of sale, such person so offending shall, upon convic- 
 tion thereof, pay a fine of not less than fifty dollars nor more 
 than two hundred dollars, and be imprisoned not less than ten 
 nor more than fifty days for the first offence, and upon a second 
 conviction to be subject to fine and imprisonment in the common 
 jail of the county, ^at the discretion of the court, not to exceed 
 sixty days' imprisonment and five hundred dollars fine ; Provi- 
 ded, nothing herein contained shall prevent the owner, overseer, P'"oj;^'"»» 
 
 ' » r ' ' to the owu- 
 
 or employer from furnishing their slaves, or those under their*"- 
 care, with such quantity of spirits, &c., as they may believe is 
 for the benefit of such slave or slaves, but in no case to permit 
 them in any way to furnish others therewith. 
 
 § 4492. Sec. VI. If any slave or slave shall be found in any eiaves 
 store house or tippling shop, unless sent by his, her, or their pu°g^h?n^ 
 owner, overseer, or employer, after the hour of nine o'clock at 
 night or before day-break in the morning, or on the Sabbath day, 
 it shall be taken and received as presumptive evidence against the 
 person or persons owning, or person keeping the store or tippling 
 shop, of a violation of the preceding section of this division, 
 which presumption may be rebutted by any other circumstance 
 in favor of the accused. 
 
878 TT. 4.— TIT. 1.— Penal Code. 
 
 Division 12. — Ofl'ences relative to Slaves. 
 
 Delivering. § 4493. Sec. VII. If any person shall sell or deliver to any 
 slaves. slave or slaves any goods, wares or merchandize, or any other 
 thing or things, unless it be in exchange for some article or ar- 
 ticles Avhich the owner, overseer, or employer of such slave or 
 slaves may have authorized such slave or slaves to trade or deal 
 in, according to the provisions of the fifth section of this 
 division, such person so offending shall be guilty of a misde- 
 meanor, and, on conviction, shall be punished by line or impris- 
 onment in the common jail of the county, or both, at the discre- 
 tion of the court. 
 judgiH to § 4494. Sec. VIII. It shall be the duties of the Judges of the 
 
 give tlu-se ,, • /-I , , , 1 , 1' J 1 ' • 
 
 laws in bupcnor CJourts, at the commencement oi every term, to give m 
 charge to the grand jury the substance and intention of the sec- 
 tions of this division, in regard to trading with slaves. 
 Giving ti."k- §4495. Sec. IX. If any person shall give a ticket, pass or 
 w— fine* "license to any slave who is the ])roperty, or under the care and 
 control of another, without the consent of the owner, or other 
 person having the care or control of such slave, such person so 
 offending shall be guilty of a misdemeanor, and, on conviction, 
 shall be lined in a sum not exceeding fifty dollars. 
 Toacbing §449(5. Sec. X. If auy person shall teach any slave, ne- 
 
 or write. gro, or fVec person of color, to read or write either written or 
 printed characters, or shall procure, suffer, or jiermit a slave, ne- 
 gro, or free person of color, to transact business for him in wri- 
 ting, such ]ierson so offending shall be guilty of a misdemeanor, 
 and, on cohviction, shall l)e ])unished by fine, or imprisonment 
 in the common jail of the county, or both, at the discretion of 
 the court. 
 
 §4-^97. Sec. XL If any i^erson owning or havinij in his pos- 
 
 Ccrtaiii em- ^ . . • i • 
 
 pioyments in session, and under his control, any printing press or types in this 
 
 printing of- • ' ./ i o i »» x 
 
 fices rrohibi- State, shall use or employ, or permit to be used or employed, 
 any slave or free person of color, in the setting up of types, or 
 other labor about the office requiring in said slave, or free person 
 of color, a knowledge of reading or writing, such person so of- 
 fending shall be guilty of a misdemeanor, and, on conviction, 
 shall be punished by a tine not exceeding one hundred dollars. 
 Peddlers tra- § 4:^98. Sec. XII. If any peddler, or itinerant trader, whether 
 suv^es^'ith- carrying his goods, wares and merchandize in a wagon, or other- 
 -fine s'l^ow^ wise, shall at any time, either buy from or sell to, or otherwise 
 trade with any slave or slaves, unless it be with the permission 
 and in the presence of the owner, overseer, or other person hav- 
 
PT. 4.— TIT. 1.— Pknal Code. 879 
 
 Division 12. — Offences relative to Slaves. 
 
 ino: charcTC of such slave or slaves ; such peddler, or itinerant 
 trader, shall be guilty of a inisdeineanor, and. on indictment and 
 conviction thereof, shall be fined in a sum not exceeding one 
 thousand dollars, one-half to the use of the prosecutor, and the 
 other half to the use of the county where the crime was com- 
 mitted, and the defendant shall stand committed until the fine ^^'pJ^^^ \'^'* 
 is paid ; and a copy of this section shall be annexed to all licenses ''^''■"**^*- 
 granted peddlers. 
 
 § 4:i99. Sec. XIII. Any person who shall hire a slave, by con- luiing a 
 tract with such slave, without a written or verbal permit from cnu a permit. 
 the owner or person having the right to control such slave, shall 
 be guilty of a misdemeanor, and, upon conviction, shall bo fined 
 at the discretion of the court. 
 
 § i500. Sec. XIY. If any sliop keeper, or other person, shall srinnsor 
 sell, give, barter, or in any way furnish, or allow to be furnished books, &.".. 
 by any person in his employment, to any slave or tree person ot 
 color, any printed or written book, pamphlet, or other publica- 
 tion, writing paper, ink, or other articles of stationery for his 
 own use, or for the purpose of sale, without written or verbal 
 permission from the owner, guardian, or othdi- person having 
 control of such negro or free person of color, such ]ierson so of- 
 fending shall, upon conviction thereof, be fined not less than ten. 
 nor more than fifty dollars for the first oftencc ; and be fined and 
 imprisoned, at the discretion of the court, for the second oftencc. 
 
 §-1:501. Seo. XV, Aii}^ merchant, tradesman, or shop keep- iiadingwitt. 
 or, who by himself, or his clerk ur agent, shall have closed the ciS^iooi-k' 
 front door or doors of his store, shop or stall, while engaged in 
 selling to, or buying from, or in any wise trading Avitli a slave 
 or free person of color, shall be guilty of a misdemeanor, and, 
 on conviction, shall be fined not less than one hundred nor more 
 than two hundred dollars, one-half to be paid to the informer or 
 prosecutor; and, on failure to pay, the defendant shall be im- 
 prisoned in the common jail, at the discretion of the court. 
 
 § 4502. Sec. XVI. That the slave or free person of color ., 
 shall be found in any store or slioi3, or shall be seen <roin«>' in oi.^'oi"R'"'«scc.. 
 
 •' i " ^-^"^"t-^ '^* ^^ j)rcsumptive 
 
 coming out of the same, with the front door or doors thereof '■'''''^''"'''■' 
 closed, (except for ingress and egress,) shall be presumptive evi- 
 dence of a violation of the foregoing section, so as to cast the 
 burden of proof on the defendant. 
 
 § 4503. Sec. XVII. Any white person who shall permit a slave soiling iiq 
 or free person of color, either as his partner, clerk, agent, or ricrk.^."c.^"' 
 
880 -PT. 4.— TIT. 1.— Penal Code. 
 
 Division 13. — Offences relative to Slaves. 
 
 assistant, to keep or sell any spirituous or intoxicating liquors, 
 or to keep open any shop, or bouse, or booth, or stall, for tbe 
 purposes of sucb sales, sball be guilty of a misdemeanor, and, 
 on conviction, shall be lined or imprisoned, or both, at the dis- 
 cretion of the court. 
 ReBcueofne- §4504:, Sec. XVIII. If any person rescue a negro or free per- 
 *^" ' son of color in legal custody on criminal process, such person so 
 offending shall, on conviction, be punished by confinement and 
 labor in the penitentiary for not less than one nor longer than 
 five years. 
 Gamingwith §4505. Sec. XIX. U any white person is found playing 
 negroes. ^^^ bcttlng, or playing or betting, with a negro or negroes, or 
 free person of color, at any game with cards, dice, or any other 
 game or games of chance or hazard, for the purpose of winning, 
 or for others to win or lose money, or anything of value, such 
 person so offending shall be guilty of a misdemeanor, and, on 
 conviction, for the first oftence, shall be fined or imprisoned, or 
 both, at the discretion of the court ; and upon a second convic- 
 tion shall be subject to imprisonment at hard labor in the peni- 
 tentiary not less Than one nor more than lour years. 
 Proof ncwB- §450G. Sec. XX. The game or games played need not be 
 *^' proved. The prosecution shall be re(]uired to prove the playing 
 
 or betting only. 
 MakiB «on- § ^507. Sec. XXI. Any white person who shall contract or 
 tractwithne-|j J. j^jjj -^yi^]^ j^uy g]ave mechanic or mason, for the erection or 
 
 pro luucuaii- r^ *• 
 
 '*=*°*"™''**'°* repairs of any building, whether the same be done directly or 
 indirectly, shall be guilty of a misdemeanor, and the master of 
 such slave, mechanic or mason, or guardian of such free person 
 of color, who shall knowingly authorize or permit such mechanic 
 or mason to make such contracts as are herein prescribed, shall 
 be in like manner guilty of a misdemeanor; and on conviction 
 of any person ofiending under this section, he shall be punished 
 by fine not exceeding two hundred dollars. 
 
 § 4508. Sec. XXII. Any master or person having control of a 
 
 >List«r con- " , . . i i i x- i • o i 
 
 coaling or glavc accuscd of anv crime under the laws of this btate, who 
 slave accused gliall conceal or con vev awav anv such slave, with a view to 
 
 of crime. *' v •/ 
 
 evade the punishment of his crime, shall be guilty of a misde- 
 meanor, and, on conviction, shall be fined in the value of such 
 slave, and imprisoned at the discretion of the court, if the 
 crime charged against the slave be a capital ofience ; and if the 
 crime be not capital, shall be fined in a sum not exceeding two 
 
PT. 4.— TIT. 1.— Penal Code. 881 
 
 Division 13. — Offences relative to Slaves 
 
 hundred dollars. A prosecution shall bar any suit at the in- 
 stance of an informer. 
 
 §4509. Sec. XXIII. Any person taking up a runaway slaye Detaining a 
 who shall fail or refuse to deliyer such slaye to the owner, or the ei.ive. " 
 jailor of the county, if practicable, within four daj's, after takina; 
 up the same, or to give notice to such owner or jailor, if practi- 
 cable, within said time, shall be guilty of a misdemeanor, and on 
 conviction, shall be fined or imprisoned in the common jail of the 
 county, or both, at the discretion of the court. 
 
 §4510. Sec. XXIY. Any druggist, merchant, or other person seiun- poi- 
 who shall sell or furnish to any slave or free person of color, to°?"ve^"^^ 
 without the written permission of his master, employer, or guar- 
 dian, any poisonous drug or medicine, shall be guilty of a high 
 misdemeanor, and, on conviction, shall be punished by fine or 
 imprisonment in the common jail of the county, or both, at the 
 discretion of the court. 
 
 §4511. Sec. XXV. Any grocer, or retailer, or merchant. Haying ne- 
 keeping spirituous liquors for sale, who shall employ, or have a^*"** *^'"''*" 
 negro as a clerk, or employee about his store, bar or sho]), so that 
 such negro may have access to such liquors, shall be guilty of a 
 misdemeanor, and, on conviction, shall be punished by fine or 
 imprisonment, or both, at the discretion of the court. The bur- 
 den shall be on the defendant to prove that such negro employee 
 had no access to such liquors. 
 
 §4512. Sec. XXYI. Any person other than the owner, whop^^^ig^;^ 
 shall sell or furnish to any slave or free person of color, any gun, ^ofo" with 
 pistol, bowie knife, slung shot, sword cane, or other weapon^""- 
 used for the purpose of offence or defence, shall, on indictment 
 and conviction, be fined by the court in a sum not exceeding five 
 hundred dollars, and imprisoned in the common jail of the 
 county not exceeding six months, at the discretion of the court; 
 Provided, That this provision shall not be so construed as to 
 prevent owners or overseers from furnishing a slave with a gun, 
 for the purpose of killing birds, &c., about the plantation of such 
 owner or overseer. 
 
 §4513. Sec. XXYII. Any druggist, store-keeper or physician, ^iti^pojaon. 
 who sells or delivers to any persons other than druggists orprac-*""' '^'■"^^• 
 tising physicians any of the following poisonous drugs, viz : arse- 
 nic, strychnine, hydrocyanic acid, and aconite, shall keep a reo-- 
 ister, and enter therein the name and place of residence of the 
 person to whom such drug is sold or delivered, the name and 
 56 
 
882 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 13. — Offences relative to Slaves. 
 
 quantity of the poisonous drug so sold or delivered, and the time 
 of the sale or deliver3^ Any druggist, store-keeper or physician, 
 who fails or refuses to comply with the provisions of this section, 
 shall be guilty of a misdemeanor, and, on conviction thereof, 
 shall be fined, or imprisoned in the common jail of ythe county; 
 the fine not to exceed five hundred dollars, and the imprisonment 
 not to exceed six months. 
 
 PuBiefamcnt. §4514. Sec. XXVIII. Any pcrsou wlio shall fumisli any slavc 
 or free person of color, with any of the drugs enumerated in the 
 preceding section, or any other poisonous drug, shall be guilty 
 of a felony, and, upon conviction thereof, shall l)e sentenced to 
 liard labor in penitentiary for a term not exceeding twent}^ years. 
 
 If death m- ^4515. Sec. XXIX. If auv persoD shall furnish any slave or 
 
 sues. . '^ ,. - .-,.11 , . 
 
 tree person oi color, with any ot the drugs enumerated m sec- 
 tion 4513, or M'ith any other poisonous drug or matter likely to 
 produce death, with the intent or purpose that such poison shall 
 be maliciously administered, in any manner, to any person, such 
 person furnishing any slave or free person of color with such 
 poison, with the intent aforesaid, shall, on conviction thereof, be 
 punished by conhuement and hard lal)or in the penitentiary for 
 a term not exceeding twenty, nor less than ten years, and if 
 such poison be so administered whereby death to any person en- 
 sues, or whereby the health of any person is injured or impaired, 
 such person so offending, shall, on conviction thereof, be punished 
 PaniBhniont. with death, or by imprisonment and hard labor in the peniten- 
 tiary for a term not less than ti\c years, at the discretion of the 
 Judffe. 
 
FT. 4.— TIT. 1.— Penal Code. 
 
 883 
 
 Division 14. — Of Indictments, ArraignmentB, && 
 
 «F INDICTMKXT^ 
 
 FOURTEENTH DIVISION. 
 
 ABR.VIGNMBNTS, TRIAL. A'ERDICT. JUDGMENT AND 
 EXECUTION. 
 
 ♦Sectiox. 
 45 IG. Torm ol indictaiicnt. 
 
 4517. Exceptions. 
 
 4518. Malicious prosecution. 
 
 4519. Costs paid by county. 
 4530. Prosecution on prescninient-s. 
 
 4521. Arraignments in .small ofllences. 
 
 4522. Copy indictment and witnes.ses. 
 452?). In minor oflbnoos. 
 
 4524. Arraiiifnments. 
 
 4525. Standing- mute. 
 
 452G. Demurrers and special pleas. 
 
 4527. Record of issue. 
 
 4528. Entry on indictment. 
 
 4529. Arraignment ni fetters. 
 
 4530. Challenges. 
 
 4531. In minor ofl'ences. 
 
 4532. Jury judges of law. • 
 
 4533. Time of trial — coniinuaDce. 
 
 4534. Demand for trial. 
 
 4535. Nolle prosequi. 
 
 4536. Juror's oath. 
 
 4537. Witnesses oath. 
 
 4538. Before grand jur\-. 
 
 4539. Several unpri.sonment.s. 
 
 4540. Fine money. 
 
 4541. Paid immediately. 
 
 4542. Discretionary iniprisoument in pen. 
 
 4543. Convicts sent to penitentiary. 
 
 4544. Notice to keeper. 
 
 4545. E.scapes therefrom. 
 
 4546. Confinement in jail. 
 
 4547. No benefit of clergy. 
 
 4548. Death by hanging : mode of ex'n- 
 
 4549. Judge's report. n^ 
 
 4550. Punished under existing laws. 
 
 4551. Limitation on indictments. 
 
 4552. Insane convicts. 
 
 4553. Pregnant convicts. 
 4.")54. Subse<]uent execution. 
 
 Sectiox. 
 
 4555. Date from sentence. 
 
 4556. Offences on county lines. 
 
 4557. Death in another county. 
 
 4558. Or on soil of C. S. 
 
 4559. Insane oflender. 
 45G0. Act not attempt. 
 
 4561. Jury may find attempt. 
 
 4562. Two convictions, longest time. 
 
 4563. Convicts witnesses. 
 
 4564. Empannelling jur}-. 
 
 4565. Talesmen. 
 
 4566. Putting panuel on prisoner.-*. 
 
 4567. (/hallcnge to the array. 
 
 4568. Challenge for cause. 
 
 4569. Questions on voir dire. 
 
 4570. Setting aside for cause. 
 45-71. Swearing in chief. 
 
 4572. No investigation before triers. 
 
 4573. Peny. confinement disqualificatioi 
 
 4574. Jonit defendants. 
 4575.* Continuance by one. 
 4576. Opprobrious word?. 
 
 ■4577. Oath on inquests of insanity. 
 
 4578. Abstract of evidence. 
 
 4579. Form of sentence. 
 
 4580. Commutation for good behavior. 
 
 4581. Collection of costs. 
 
 4582. Discharge of insolvent.?. 
 
 4583. Eail taken twice. 
 
 4584. Forfeiting recognizance. 
 
 4585. Proceedings vs. bail. 
 
 4586. Surrender by bail. 
 
 4587. Discretionary imprisonment. 
 45S8. Settlement of minor ofiences. 
 
 4589. Of all others. 
 
 4590. Excessive costs. 
 
 4591. Two returns of "no l)i!l."' 
 
 4592. Insolvent costs. 
 
 §4510. Skc. T. Every indictnient or accnsation of the grand 
 jury sliall be deemed sufficiently technical and correct, which 
 states the ©tfence in the terms and language of this Code, or so 
 plainly that the nature of the offence charged may be easily 
 
884 FT. 4.— TIT. 1.— Penal Code. 
 
 Division 14. — Of Indictments, Arraignments, &c. 
 
 understood by the jury. The form of every indictment or accu- 
 sation shall be as follows : 
 
 "Georgia, ) 
 County, i 
 
 Form of the "The OTand I'urors selected, chosen and sworn for the county 
 
 first count. » •'. . ' i i i i,. ^ i . . 
 
 of , to Wit , , m the name and behali oi the citi- 
 
 zens of Georgia, charge and accuse A. B., of the county and 
 State aforesaid, with the oftence of , for that the said A. 
 
 B., (here state the offence, and the time and place of coinmitting 
 the same, with sufficient certainty,) contrary to the laws of said 
 State, the good order, peace and dignity thereof.'' 
 
 wunts!"''"'^ If there should be more than one count, each additional count 
 sliall commence with the following form : "And the jurors afore- 
 said, in the name and behalf of the citizens of Georgia, further 
 charge and accuse the said A. B. with having committed the of- 
 fence of , (here state the ofience as before directed,) for 
 tiiat," tfec. 
 Exetptions. §4517. Sec. II. All exccptious wliich go iuercly to the form 
 of an indictment, shall be made before trial ; and no motion in 
 arrest of judgment shall be sustained for any matter not affect- 
 ing the real merits of the offence charged in such indictment. 
 Costs to be §4518. Sec. III. Upon every indictment, the prosecutor's 
 p^oBewtor. name shall be endorsed, who, npon the acquittal or discharge of 
 the person accused, shall be compelled to pay all costs which have 
 accrued, if the grand jury, by their foreman, upon returning 
 "no bill," express it as their opinion that the prosecution was 
 unfounded or malicious ; or if the petit jury upon returning a 
 verdict of "not guilty," shall express a similar 02)inion. 
 Persons ac- §4519. Sec. IY. A pcrsou agaiust whom a bill of indictment 
 ilTsofvents!^ shall be preferred and not found true by the grand jury ; or who 
 shall be acquitted by the petit jury of the oflfence charged against 
 him or her, shall not be liable to the payment of the costs ; and 
 in all such cases, as also where persons liable by law for the pay- 
 ment of the costs, shall be unable to pay the same, it shall and 
 may be lawful for the officers severally entitled to such costs, to 
 present an account therefor to the Judge of the court in which 
 the said prosecutions were depending, which account being ex- 
 amined and allowed by him, it shall and may be lawful for said 
 Judge, by an order of said court, to authorize and direct the 
 Sheriff or Clerk to retain for his own- use, and to pay to the At- 
 
FT. 4.— TIT. 1.— Penal Code. 
 
 885 
 
 Division 14. — Of Indictments, Arraignments, &c. 
 
 tornej or Solicitor General, and other officers of the court, the 
 amount of their respective accounts, out of any monies by'liim 
 received for fines infiicted bv the said court, or collected on for- 
 feited recognizances. 
 
 §4520. Sec. Y. It shall be the duty of the Attorney or Solicitor solicitor 
 General to prosecute on all presentments of grand juries, where SS" 
 such presentment or presentments is or are for offences indictable -ntS;. 
 by law : and the endorsement on the indictment by the Attorney 
 or Solicitor General, that the same is founded on the presentment 
 of a grand jury, shall be sufficient, without any prosecutor's name 
 appearmg on the indictment. 
 
 § 4521. Sec. VI. Ko person indicted, unless it be for an offence Arraiga- 
 which may, on conviction, subject him or her to death, or im--W 
 prisonment in the penitentiary for the term of three years or'""'' 
 more, shall be put for his or her arraignment in the bar dock, or 
 other place set apart in the court room for the arraignment of 
 prisoners. 
 
 §4522.^ Sec. YII. Every person charged with a crime or of- copy of in- 
 tence which may subject him or her, on conviction, to death ovtl'Slr 
 imprisonment in the penitentiary for the term of three years or "''""'"• 
 more, shall be furnished, previous to his or her arraignment, with 
 a copy of the indictment, and a list oY the witnesses who gave 
 testimony before the grand jury. 
 
 § 4523 Sec. YIII, Every person charged with an offence shall, msmaii 
 at his or her request, or the request of his or her counsel, be fnr-oTrl^neT 
 mshed with a copy of the indictment, and a list of the witnesses 
 who gave evidence before the grand jury. 
 
 J^^^^t f''^;!^' ^>° *^'^ ^''^^S™^ ^^' ^M^Hsoner, the in- For. of ar- 
 dictment shall be read to him or her, and such prisoner shall u'^'^^^^^'- 
 required to answer whether he or she is guilty or not guilty of the 
 offence charged m the said indictment, which answer or plea 
 shall be made orally by the prisoner, or his or her counsel. And 
 It he or she shall plead guilty, such plea shall be immediately 
 i-ecorded on the minutes of the court by the Clerk, together with 
 the arraignment; and the court shall pronounce upon such pris- 
 oner the judgment of the law, in the same manner as if such 
 prisoner had been convicted of the offence by the verdict of a 
 jnry : but at any time before judgment is pronounced, such pris- 
 oner may withdraw the plea of "guilty," and plead not guilty; 
 and such former plea shall not be given in evidence against him 
 c»r Jior on his or her trial. 
 
S86 
 
 PT. 4.— TIT. 1.— PENAi Code. 
 
 Division 1-1. — Of Indictments, Arraignments, &c. 
 
 Stan din 
 mate or 
 
 5 4525. Sec. X. If the prisoner, upon being arraigned, shall 
 ^^ding not plead "not guilty," or shall stand mute, the Clerk shall imme- 
 diately record ui)on the minutes of the court the plea of "not 
 guilty," together with the arraignment, and such arraignment 
 and plea shall constitute the issue between the prisoner and the 
 people of this State. 
 Demurieis § 4526. Sec, XI. If the prisoner, upon being arraigned, shall 
 pkM to'^bo demur to the indictment, or plead to the jmisdiction of the court, 
 IS w wg. ^^, .^ abatment, or any special plea in bar, such demurrer or plea 
 shall be made in writing ; and if such demurrer or plea shall be 
 decided against such prisoner, then such prisoner may, neverthe- 
 less, plead and rely on the general issue of not guilty. 
 
 §4527. Skc. XII. If the Clerk shall fail or neglect to record 
 the arraignment and plea of the prisoner at the time the same is 
 made, it may and shall be done at any time afterwards, by order 
 of the court, and this shall cure the error or omission of the Clerk. 
 § 4528, Si:c. XIII. The arraignment and plea or answer of the 
 prisoner shall Ije entered on the indictment by the Attorney or 
 Solicitor General, or other person acting aa prosecuting officer ou 
 the part of the people of this State. 
 
 §4529. Sp:c. XIV. Xo prisoner shall be brought into court for 
 ■ arraignment or trial, tied, bound or fettered, unless the court 
 shall deem it necessary, during his w her arraignment or trial;, 
 and if the healtli of the prisoner, or other circumstances should 
 render it more convenient to the prisoner and his counsel that 
 he or she should not be placed for his or her arraignment, or du- 
 ring his or her trial, within the bar-dock, or other place assigned 
 in the court room for prisoners, the court may grant the indul- 
 gence of removing the prisoner to any other place in the court 
 room, or contiguous to it, requested by the prisoner or his or her 
 counsel. 
 
 § 4530. Sec. XV. Every person indicted for a crime or offence 
 which may subject him or her, on conviction, to death, or four 
 years' imprisonment or longer in the penitentiary, may peremp- 
 torily challenge twenty of the jurors empannelled to try liim or 
 her. And every person indicted for an offence which may sub- 
 ject him or her, on conviction, to imprisonment in the peniten- 
 tiary for any time less than four years, may peremptorily chal- 
 lenge twelve of the jurors empannelled to try him or her ; and. 
 the State shall be allowed one-half the number of peremptory? 
 challenges allowed the prisoner. 
 
 lestie Hiiiy 
 he recorded 
 
 afterward!*. 
 
 To bo inUn- 
 <'d All the in 
 tGctment. 
 
 D*t to b« or 
 roignod in 
 f»tt«rF. 
 
 •ii&l lenses. 
 
PT. 4.— TIT. 1.— Penal Code. 887 
 
 Division 14. — Of Indictments, Arraigtiments, &c. 
 
 § 4531. Seo. XVI. In all other cases the court sliall have a pan- in minor or 
 sel of twenty-four jurors, of which the prisoner shall have the^*°"'' 
 right to cliallenge seven peremptorily, and tlie State five; the re- 
 maining twelve shall constitute the jury. 
 
 §4532. Sec. XYII. On every trial of a crime or offence con- Jury ar* 
 tained in this -Code, or for any crime or offence, the jury shall lawWLt 
 be judges of the law and the fact, and shall in every case o-ive 
 a general verdict of- "guilty"' or '• not guilty," and on the' ac- 
 quittal of the defendant or prisoner, no new trial shall, on any 
 account, he granted by the court. 
 
 §4533. Sec. XYIII. Every person against whom a bill of in- mdicun^ts 
 dictment is found, shall bo tried at the term of the court at TeiS'^kl?" 
 which the indictment is found, unless the absence of a material ^^''°*'" 
 witness or witnesses, or the principles of justice should require a 
 postponement of the trial, and then the court shall allow a post- 
 ponement of the trial until the next term of the c©urt ; and the 
 court shall have power to allow the continuance of criminal causes 
 from term to term, as often as the principles of justice may re- 
 quire, upon sufficient cause shown on oath. 
 
 §4534. Sec. XIX. Any person against whom a true bill of in- m ca.,es not 
 dictment is found for an offence not affecting his or her life, may *'''''*'^'' 
 demand a trial at the term when tlie indictment is found, or at 
 the next succeeding term thereafter, or at any subsequent term, 
 by special permission of the court, whidi demand sliall be 
 placed upon the minutes of the court; and if such T)erson shall 
 not be tried at the term when the demand is made, or at tlie next 
 succeeding term thereafter; Provided, tliat at both terms there 
 were juries empannelled and qualified to try such prisoner, then 
 he or she shall be absolutely discharged and acquitted of the of- 
 fence charged in the indictment, 
 
 ^§4535. Sec. XX. ^o nolle proRequi sliall be entered on any ^^,,;, ,,,^,,. 
 bill of indictment after the case has been submitted to the jury, '^"'- '' 
 except by the consent of the defendant. 
 
 §453G. Sec. XXI. In all criminal cases, the following oath Petit jwr.rs' 
 shall be administered to the petit jury, to wit : " You shall well 
 and truly try the issue formed upon this bill of indictment be- 
 tween the State of Georgia and A. B., who is charged (here state 
 the crime or offence) and a true verdict give according to evi- 
 dence. So help you (lod." 
 
 oatb. 
 
888 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 14. — Of Indictments, Arraisrnments, Ac. 
 
 Witnesses' § 4537. Sec. XXII. The following oath shall be administered 
 to witnesses in criminal cases, viz : " The evidence you shall give 
 to the court and jury upon the trial of this issue between the 
 State of Georgia and A. B., who is charged with (here state the 
 crime or offence) shall be the truth, the whole truth, and nothing 
 but the truth. So help you God.-' 
 
 Oath of wit- §4538. Sec. XXIII. And the following oath shall be admin- 
 
 grandjSy. istcrcd to wituesses intended to be sent before the grand jury : 
 " The evidence you shall give the grand jury on this bill of in- 
 dictment (or presentment) as the case may be, (here state the 
 case) shall be the truth, the whole truth, and nothing but the 
 truth. So help you God." In every case in this Code, the per- 
 son whose property has been stolen, injured, destroyed, taken 
 away, or fraudulently converted or conveyed, or whose name has 
 been forged to any instrument, or who has received a personal 
 injury, shall be a competent witness on the trial of the offender or 
 offenders. 
 
 Several im- §4539. Sec. XXIV. Where a pcrsou shall be prosecuted and 
 
 prisonmonts . • ^^ i , 
 
 to be in 6UC- convicted on more than one indictment, and the sentences are 
 
 cession. . . , . . , 1 11 1 
 
 imprisonment in the penitentiary, such sentences sliall be seve- 
 rally executed, the one after the cxjtiration of the other ; and 
 the Judge shall specify in each the time when the imprisonment 
 shall commence, and the length of its duration. 
 rincs-to §4540. Sec. XXY. All fines imposed by this Code, not other- 
 paid'^ntf for wise appropriated by this Code, shall be ]>aid over by the Clerks 
 use. ^|. ^1^^ Superior Court to the Ordinary of the county, for educa- 
 tional purposes in such county, except the county of Cliatham, 
 where the said fines shall be paid over to the corporation of the 
 city of Savannah, and the Clerks of the Inferior Courts shall 
 keep a fair account of the fines received, and the time when re- 
 ceived, and the names of the persons from whom the said fines 
 were collected. 
 Paidimme- § -i^^l- Sec. XXVI. Every fine imposed by the court under 
 diateiy. ^j^^ authority and by virtue of this act, shall be immediately 
 
 paid, or within such reasonable time as the court may grant. 
 Pcniteutiarr § 4542. Sec. XXVII. In all cases wliere the term of punish- 
 
 f^j^*=^^^*'°° ment in the penitentiary is discretionary, the court shall deter- 
 mine that punishment, paying due respect to any recommenda- 
 tion which the jury may think proper to make in that regard. 
 
 -jury re 
 commenda- 
 tion. 
 
PT. 4.— TIT. 1— Penal Code. 
 
 Lii\i:sion 14. — Of Indictments, Arraignments, &c. 
 
 8 4643. Sec. XXYIII. Every person convicted in any county convicts 
 of this State of any crime or onence punisiiable witli confine- safely sent 
 
 *' -^ . .to penitcn- 
 
 ment in the penitentiary, shall, as soon as possible after convic- "ary. 
 tion, together with a copy of the record of his or her conviction 
 and sentence, he safely removed and conveyed to the said peni* 
 tentiary by a guard to be sent therefrom for that purpose, and 
 therein be safely kept during the term specitied in the judgment 
 and sentence of the court. 
 
 § 4544, Sec. XXIX. In all cases where persons are convicted cierk to 
 
 1 ^ • ■ • 1 • • • 1 n 1 notify the 
 
 and sentenced to imprisonment in tlie penitentiary, it shall be keeper, 
 the duty of the Clerks of the Superior Courts of the respective 
 ■counties where such persons may be convicted and sentenced, to 
 inform the princi})al keeper of the penitentiary immediately 
 thereafter by mail, or by private conversance where there is no 
 post office in the county, of the conviction and sentence of said 
 •convict, and that he or she is detained in the county jail, or 
 under guard, as tlie case may be, subject to the order of the 
 keeper aforesaid. 
 
 §4545. Skc. XXX. The trial of prisoners escaping from the Trials for 
 penitentiary shall be had for such escape before the Superior pSontr™ 
 Court of Baldwin county, and prisoners so escaping shall remain "^" 
 in the penitentiary and be treated as other convicts, after their 
 apprehension, until such trial shall take place; and upon such 
 trial, the copies of the records transmitted to the keeper of the 
 .penitentiary relative to the former trials of sucli prisoners, shall 
 be produced and filed of record in the said Superior Court of 
 Baldwin county. 
 
 §4546. Sec. XXXI. When any person may be convicted of convicts 
 any offence wliich may subject him or lier to confinement in thefaiumsent 
 penitentiary, it shall be the duty of the presiding Judge, by his tentiLy*^"^ 
 sentence, to order the convict into custody, to be safely kept in^"^*^ " 
 jail ; or if there be no jail in the county then in the nearest jail, 
 or under a suitable guard, until he or she shall be demanded by 
 a guard to be sent from the penitentiary for the purpose of con- 
 veying such convict to the said penitentiary. 
 
 §4547. Sec. XXXII. Xo person convicted of a crime in this no benefit of 
 State shall be allowed the benefit of clergy ; and in all cases 
 where the penalty of death is annexed to a crime the convict 
 shall sufi:er that punishment. 
 
 § 4548. Sec. XXXIII. Tlie sentence of death shall be executed Death by 
 ■by publicly hanging the offender by the neck until he is dead. '^""smg. 
 
890 FT. -i.— TIT. 1.— Penal Code. 
 
 ' Division 14. — Of Indictments, Arraigmuents, &c. 
 
 The execution of the sentence shall be in private and witnessed 
 only bv the executing officer, a sufficient guard, the relatives of 
 the criminal, and such clergyman and friends as he may desire. 
 The place for sm-h execution shall be provided by the Inferior 
 Court of each county. The Judge passing sentence may order 
 the execution to be in public, if he sees proper, and may in either 
 case take such steps as he thinks best to secure the execution of 
 the sentence and to determine when death supervenes. 
 judgestore- §4549. Sec. XXXIY. It shall be the duty of the Judges oi' 
 ^te^^he^ the Superior Courts to make a special report annually to the 
 ^*"^*" C-rovernor of this State, previous to the meeting of the General 
 Assembly, and by him to be submitted to the Legislature, of all 
 such defects, omissions, or imperfections in this Code, as expe- 
 rience on their se\ oral circuits may suggest. 
 Crimes to be §4550. Skc. XXXV. All criuics and oft'euces coumutted shall 
 Sndwco- be prosecuted and punished un<ler the hiws in force at the time 
 ^4.°^ of the commission of such crime <>r uil'ence, notwithstaiiding the 
 
 repeal of such laws before such trial takes place. 
 Limitations §4551, Sko. XXXVI. ludictmouts for murder may be fouuu 
 »«ntt!*^* ^"d prosecuted at any time after the death of the person killed. 
 In all other cases (except murder) where the punishment is 
 deatli or perpetual imprisonment, indictments shall be tiled and 
 found in the proper court within seven years next after the com- 
 mission of the olience, and at no time thereafter. In all other 
 felonies, the indictments shall be found and tiled in the proper 
 court within four years next after the commission ot' the otieuce. 
 and at no time thereafter. yVnd in all otlier cases where the 
 punishment by law is fine or imprisonment, or fine and imprison- 
 ment in the common jail of the county, indictments shall be 
 found and filed in the proper court -within two years after the 
 commission of the oftence, and at no time thereafter ; Provided, 
 Qieverthdess, that if the ofiender shall abscond from this State, or 
 so conceal himself that he cannot be arrested, such time during 
 which such olfender has been absent from the State, or concealed, 
 shall not be computed or constitute any part of the said several 
 limitations ; Provided, also, that no limitation shall run so long 
 as the ofiender or the uftence is unknown ; Provided, furth&r, 
 that if the indictment is found within the time limited, and for 
 any information shall be (piashed or noil, prosd., & new indict- 
 ment may be found and prosecuted within six aionths from the 
 time the first is quashed or noil, prosd. 
 
PT. 4.— TIT. 1.— Penai. Code. S91 
 
 Division 14. — Of Indictments, Arraignments, &c. 
 
 § 4552. Sec. XXXVII. If, after any convict shall have been Becoming 
 
 o 7 ./ uisano after 
 
 sentenced to the punishment of death, he shall become insane. wnywuQu. 
 the Sheriff of the county, with concurrence and assistance of the 
 Inferior Court thereof, shall summon a jury of twelve men to in- 
 quire into such insanity ; and if it be found, by the inquisition of 
 such jury, that such convict is insane, the Sheriff shall suspend 
 the execution of the sentence directing the death of such con- 
 vict, and make report of the said inquisition and suspension of 
 execution to the presiding Judge of the district, who shall cause 
 the same to be entered on the minutes of the Superior Court of 
 the county where the conviction was had. And at any time 
 thereafter, when it shall appear to tlie said presiding Judge, 
 either by inquisition or otherwise, that the said convict is of 
 sound mind, the said Judge shall issue a new warrant directing 
 the Sheriff" to do execution of the said sentence on the said con- 
 vict, at such time and place as the said Judge may appoint and 
 direct in the said warrant, which the Sheriff' shall be bound to 
 do accordingh". And the said Judge shall cause the said new 
 warrant and other proceedings in the case to be entered on the 
 minutes of the said Superior Court. 
 
 §4553. Sec. XXXYIII. If a female convict sentenced to the Female con- 
 punishment of death shall be found pregnant with child, thenant^^"' 
 Sheriff", with the concurrence and assistance of the Inferior 
 Court, shall select one or more physician or physicians, who shall 
 make inquisition, and if. upon such inquisition, it aj)pear that 
 such female convict is quick with child, the Sheriff sliall suspend 
 the execution of the sentence directing the death of such female, 
 and make report of the said inquisition and suspension of execu- 
 tion to the presiding Judge of the district, who shall cause the 
 same to be entered on the- minutes of tlie Superior Court of the 
 county where the conviction was had. And at any time there- 
 after, when it shall appear to the said presiding Judge that the 
 said female convict is no longer quick with child, he shall issue 
 a new warrant directing the Sheriff to do execution of the said 
 sentence at such time and place as the said Judge may appoint 
 and direct in the said warrant, which the Sheriff' shall be bound- 
 to do accordingly. .Vnd the said Judge shall cause the said new 
 warrant and other proceedings in tlie case to be entered on the- 
 minutes of said Superior Court. 
 
892 PT. 4.— TIT. L— Penal Code. , 
 
 Division 14. — Of Indictments. Arraignments, Ac. y 
 
 If execution §4:554. Sec. XXXIX. Whenever, foF any rcasoii, anj convict 
 at appointed sentenced to the punishment of death shall not have been exe- 
 
 time. 
 
 cuted pursuant to such sentence, and the same shall stand in full 
 force, the presiding Judge of the Sui)erior Court where the con- 
 viction was liad, on the application of the Attorney or Solicitor 
 General of the district, or other person prosecuting for the State, 
 shall issue a hnheas coj'jnis to bring such convict before him ; or 
 if sucli convict be at large, said Judge or any judicial officer of 
 this State may issue a warrant for his apprehension ; and upon 
 the said convict being brought before the said Judge, either by 
 haheasrorjyus or under such warrant, he shall proceed to inquire 
 into tlie facts and circumstances of the case, and if no legal rea- 
 son exists against the execution of such sentence, such Judge 
 shall sign and issue a warrant to the Sheriff of the proper county, 
 commanding him to do execution of such sentence at such time 
 and place as shall be appointed therein, which the said Sheriff 
 shall do accordingly. And the Judge shall cause the proceed- 
 in*; in such case to be entered on tlie minutes of tlie Inferior 
 Court of the county. 
 Execution- §4555. Sec. XL. Whenever anv convirt shall be sentenced to 
 
 within what , . , ,■ i i i ' in -i- i • j 
 
 time from the punislimeut 01 deatli, the court shall speciiy the time and 
 place of execution in such sentence, which time shall not be less 
 than twenty days nor more than sixty days from the time of the 
 sentence, except in the case of a female convict who is quick 
 with child at the time, in which case the court may and shall 
 appoint some day that will arrive after she shall have been de- 
 livered of such child. 
 Offences on §4556. Sec. XLI. When an offence shall be committed on the 
 lines. boundary line of two counties, it shall be considered and adjudged 
 
 to have been committed in either county, and an indictment for 
 such offence may be found and tried in, and conviction thereon 
 ma}' be had in either of said counties. 
 Death from § -^557. Sec. XLII. Wlicu any mortal wound shall be given, 
 inanoth?/ ^r any poison shall be administered, or any other means shall be 
 county. employed in one county by which a human being shall be killed, 
 who shall die thereof in another county, the indictment shall be 
 found and the offender shall be tried in the county where the act 
 was performed or done from which the death ensued. 
 Or on soil §4558. Sec. XLIII. If such wound be given or poison admin- 
 a * " ■ istered upon soil the jurisdiction over which has been ceded to 
 the Confederate States, within the geographical limits of this State, 
 
PT. 4.— TIT. 1.— Penal Code. 893 
 
 Division 14. — Of Indictments, Arraignments. &c. 
 
 or within the territory of an adjoining State, and death shall en- 
 sue therefrom in any county in this State, the indictment shall be 
 found and the cause tried in the county where the death occurs. 
 
 §4559. Sec. XLIV. Xo lunatic or person afflicted with insan- Lunacy Ind 
 ty, shall be tried, or put upon his trial for any offence, during '°^''°'^^' 
 the time he is afflicted with such lunacy or insanity, which shall 
 be tried in the manner hereinbefore pointed out, where the plea 
 of insanity at the time of offence is filed, and, on being found 
 true, the prisoner shall be disposed of in like manner. 
 
 §4560. Sec. XLY. No person shall be convicted of an assault The attempt 
 , with intent to commit a crime, or of any other attempt to com- fndicted. 
 mit any offence, when it shall appear tliat the crime intended, or 
 tlie offence attempted, was actually perpetrated by such person 
 at the time of such assault, or in pursuance of such attempt. 
 
 §45G1. Sec. XLVI. Upon the trial of an indictment for an}- jury may ai- 
 offencc, the jury may find the accused not guilty of the offence the^*tto°mrt. 
 charged in the indictment, but guiltj' of an attempt to commit 
 such offence, without any special count in said indictment for 
 such attempt ; Provided, the evidence before them will warrant 
 such finding. 
 
 §4502. Sec. XLYII. If any person, who has been convicted two ronyic- 
 of an offence, and sentenced to confinement and labor in theesTumc?^ 
 penitentiary, shall afterwards commit a crime punishable by con- 
 finement and labor in the penitentiary, and be thereof lawfully 
 convicted, such convict shall be sentenced to undergo and suffer 
 the longest period of time and labor prescribed for the punish- 
 ment of such offence, of which he stands convicted. 
 
 §4563. Sec. XLYIII. On the trial of any convict in the pen- on trials for 
 itentiary for the crimes of escape and mutiny, or either of them, mutfny. '^"' 
 any other prisoner or convict, not included in the same indict- 
 ment, shall be a competent witness, and the infamy of his char- 
 acter and of the crime of which he has been convicted, shall be 
 exceptions to his credit only. 
 
 (~^4564. Sec. XLIX. When any person stands indicted for anEmpannej- 
 otfence, which, upon conviction, may subject him to the punish- "°^ ^"'^" 
 ment of death or imprisonment in the penitentiary, it shall be 
 the duty of the court to have empannelled forty-eight jurors, 
 from which to select a jury for the trial of such offender, and to 
 continue to furnish such paunels until a jury is obtained. 
 
894 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 14. — Of Indictments, Arraignmentn, &c. 
 
 Talesmen. § 4565. Sec. L. Said pannel shall contain the petit jurors al- 
 ready' pworn and in attendance, and talesmen summoned by or- 
 der of the court, indiscriminately and impartially from the citi- 
 * xens of the county. 
 Putting pan- §4566, Sec. LI. Thc Clerk shall make out three lists of each 
 Bcr.°" ^"^ pannel, and furnish one to the prosecuting counsel, and one to 
 the counsel for the defence. Tlie Clerk shall then call over the 
 pannel, and it shall be immediately put upon the accused. 
 ^ „ S 4567. Sep. LII. The accused mav, in Avritine:, ohallcno-e the 
 
 the array, ^yy^j for any causc going to show that it was not ftiirly or prop- 
 erly empannelled, or ought not to be put upon liim, tlic sufficien- 
 cy of which challenge the court sliall determine at once. If 
 sustained, a new pannel shall be ordcrofl : if not su^^tainod. the 
 selection of jurors shall proceed. 
 <ni.'iikn?. ^ §4568, Sec. LIII. On calling each juror, he shall be presen- 
 ted to the accused in such a manner that he can distinctly sec 
 him, and it shall be then lawful for the State, or the accused, to 
 make either of the following objections, viz : 
 
 1. That he is not a free white citizen, resident in the county. 
 
 2. That he is over sixty, or under twenty years of age. 
 o. That he is an idiot, or lunatic, or intoxicated. 
 
 4. That he is so near of kindred to the prosecutor, or the ac- 
 cused, or the deceased, as to disqualify him by law, from serving 
 on the jury. 
 
 It shall be the duty of the court to hear immediately such evi- 
 dence as may be submitted, (the juror being a competent wit- 
 ness,) in relation to the truth of these objections, and, if he shall 
 be satisfied of the truth of either, the juror shall be set aside for 
 Time whftn causc, if either one of these objections be. true in fact ; byt, il' 
 
 to b? insdv . 1/,., •! ' 1 ii^i 
 
 the fact IS unknown to either party, or the counsel ot such part}-, 
 at the time the juror is under investigation, and is subsequently 
 discovered, such objection may be made, and the proof heard at 
 any time before tiie prosecuting counsel submits to the jury any 
 of his evidence in the case ; but if known to the party or hk 
 counsel, the objection must be made before the juror is sworn in 
 the case. 
 ^ . § 4569. Sec, LIV. On all trials for crimes or oifences on the 
 
 vairdirc. criminal sido of the court, where the punishment is death, or 
 imprisonment and labor in the penitentiary', any juror may be 
 put upon his vair dire, and the following questions shall be pro- 
 pounded to him, viz : '* Have you, from having seen the crime 
 
PT. 4.— TIT. 1.— Penal Code. S95 
 
 Division 14. — Of Indictments. Arraipnments. &C. 
 
 <'ommitted, or having heard any of the testimony delivered on 
 oatli, formed and expressed any opinion in regard to the guilt or 
 innocence of the prisoner at the bar T' If tlic juror shall answer 
 in the negative, then the following question shall be propounded 
 to him : '' Have you any ]")rejudice or bias resting on your mind, 
 either for or against the prisoner at the bar V And if the juror 
 shall answer these questions in tbe negative, the following ques- 
 tion shall be propounded : '* Is your mind perfectly impartial be- 
 tween the State and the accused V And if lie shall answer this 
 question in the affirmative, he sliall be adjudged and held a com- 
 petent juror, in all cases where the offence does not involve the 
 life of tlie accused ; but when it does involve the life of the ac- 
 cused, the following additional question shall be puttoiiim: 
 '•Are you conscientiously opposed to capital punishment '(" If 
 he shall answer this question in the negative, he shall be lield a 
 competent juror; Provided^ ncvcrth diss, that either the State ivonso. 
 or the defendant shall have the right to introduce evidence be- 
 fore the Judge, to show that the answers, or any of them, of the 
 jurors are untrue ; and it shall be the duty of the Judge to de- 
 termine upon the truth of such answers as may be thus questioned, 
 before the court. 
 
 §4570. Sec. LY. If a juror shall ansAver any oi" these ques-seuinffasi,id 
 tions, so as to render him incompetent, or lie shall be so found by *"''^''"''^' 
 the Judge, he shall be set aside for caiise. 
 
 §4571. Sec. LVI. If found competent and not challcngod swM.in; in 
 peremptorily by the State, he shall ha putuj^on the prisoner, and '^''''''^' 
 unless challenged peremptorily by him, sliall be sworn to trv the 
 cause. 
 
 §4572. Sec. J.A'II. When a juror has been found competent no inveati- 
 as aforesaid, no other or farther investigation before triers, orfHcT<=°''^'^^'* 
 •otherwise, shall be had, unless upon newly discovered evidence 
 to disprove his answer, or to show him incompetent as aforesaid, 
 which may be heard by the Judge at any time before any of the 
 evidence on the main issue is submitted; and if the juror is' 
 proved incompetent, the Judge may order him withdraAvn from 
 the jury and cause another selected in the same manner as is 
 above pointed out. 
 
 §4573. Sec. LYIll. Any person sentenced to coutinement and Pony. imp. 
 labor in the penitentiary, is and shall be thereby rendered inca- catiinT"''"' 
 pable of holding or exercising any public or private office, trust, 
 
896 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 14. — Of Indictments, Arraignments, <fec. 
 
 power, or authority, and any such held by him shall become and 
 be vacant, by virtue of such sentence. 
 Joint defen- § 4574. Sec. LIX. Wlicu two or more defendants shall be 
 tletoLd'^ep- jointly indicted for any oifence, any one defendant may be tried 
 arateiy. separately', and if the offence be such as requires the joint action 
 and concurrence of two or more persons, the acquittal or con- 
 viction of one, shall not operate as an acquittal or conviction of 
 any of the others not tried, but they shall be subject to be tried 
 in tlic same manner. 
 continuaace §4575. Skc. LX. Tlic coutinuancc of a case by one of several 
 ^'*°"' defendants indicted jointly shall in no case operate as a continu- 
 ance as to the other defendants ohjcctinir thereto. 
 Opprobrious §4570. Sec. LXI. On the trial of any indictment for an as- 
 be^nrnT sault, or au assault and battery, the defendant may give in evi- 
 in (icfoncc. (]e,^ge 1,^, i1j(. jii,.y{^i,y opprobrious words, or abusive languaf?e 
 used by the prosecutor, or })erson assaulted or l)eaten ; and such 
 words and laiiiruage may or may not amount to a justification, 
 according to the nature and extent »»f the battery, all <»f which 
 shall be determined by the jury. 
 oathofin- §4577. Skc. LXII. On the trial of the (piestion of insanity, 
 eani^ty" '" arising after the person shall have been condemned to die, pro- 
 vided for by section 4502 of this division, the following oath 
 shall be administered to the jury, to wit: "Yon, and each of 
 you do solemnly swear (or afhrm) that you will well and truly 
 try this issue of insanity between tlie State and A. B., now con- 
 demned to die, and a true verdict give according to evidence. So 
 help you God.*' 
 In capital §4578. Sec. LXIII. That on the trial of all cases where the 
 tTa^y cMt"! pf^J'tj' if found guilty, would be subjected to confinement in the 
 penitentiary, or any greater punishment, it shall be the duty of 
 the presiding Judge, to have the testimony given in said case 
 taken down ; and in the event of the jury returning a verdict of 
 guilty, the testimony shall be entered on tlie minutes of the court 
 or a book to be kept for that purpose. 
 
 §4579. LXIY. In sentencinjx a person convicted of an offence 
 
 Form of sen- ... r> 1 
 
 tence. subjcctiug him to penitentiary imprisonment, the judge shall 
 frame such sentence so as to authorize his confinement and labor 
 in the penitentiary of this State, or at such other place or places 
 as the Governor of the State may direct. 
 
PT. 4.— TIT. 1.— Penal Code. 897 
 
 Division 14. — Of Indictments, Arraignments, <fec. 
 
 §4580. Sec, LXY. The Superintendent or principal keeper of commuta- 
 
 1 • • 1 11 1 II- 1 • 1 1 11 1 11 tion for good 
 
 the penitentiary shall keep a book, in wliieli shall be entered the behavior, 
 names of the convicts sentenced for a term of two or more years ; 
 opposite to each name sliall be placed by the book-keeper a mark 
 of approbation or disapjirobation, according to the conduct of 
 each ; and should it appear from this book that the conduct of 
 any one is nnexceptionablc, tlien such convict's time of confine- 
 ment (except confinement for life) shall be shortened two days in 
 each and every month for the time tliey shall have so served. 
 
 §4581. Sec. LXVI. The costs of any prosecution shall not be collection of 
 demanded of any defendant (except the fees of his own ^vitnesses)*^* 
 nntil after conviction or escape, in either of which cases judg- 
 ment may be entered up for all costs accruing in the committing 
 6r Superior Courts, and by any ofttcer pending the prosecution, 
 on which judgment the Clerk shall issue execution against all the 
 property of the defendant ; and such judgment shall have a lien Lienor judo-. 
 npon such property from the date of the arrest of the defendant. "'*^^"'- 
 In cases of conviction, the court may nevertheless direct the de- 
 fendant to be imprisoned until all costs are })aid. 
 
 §4582. Sec. LXY II, If any prisoner in tlic common jail, after Discharge of 
 the time of his imprisonment expires, or otherwise, is detained by*°/nferi^r 
 merely until costs are paid, and the Justices of the Inferior Court *""^ ' 
 are satisfied that he is nuable to pay the costs, said Justices (the 
 whole court therein concurring) may discharge such prisoner from 
 further confinement. 
 
 §4583. Sec. LXA III. Xo person shall give bail more than twice Bail taken 
 after indictment or presentment found for the same offence. "°'^ *""'^" 
 
 § 4584. Sec. LXIX. Upon the failure to appear of any princi- Proceedings 
 pal in any bond, or recognizance given by a person charged with cogSncet. 
 a penal offence, or by a prosecutor to prosecute, or by a witness 
 to appear and testify, the prosecuting attorney shall proceed to 
 forfeit such bond or recognizance in the manner heretofore prac- 
 ticed in this State. 
 
 §4585. Sec. LXX. The Clerk shall issue a 6'6'i^><^/(XC^W on all judgment 
 forfeited bonds, recognizances, or other obligations, against ti;ie "s^'^^' ''''*"• 
 principal and his sureties, which shall be served by the Sheriff 
 or his deputy, or by publication, as provided in section 3345, re- 
 turnable to the next term of such court. And if, at such term, 
 no sufficient cause be shown to the contrary, judgment, on mo- 
 tion, sliall be entered against such principal and sureties, or such 
 of them as have been served, 
 57 
 
898 . PT. 4.— TIT. 1.— Penal Code. 
 
 Division 14. — Of Indictments, Arraignments, &c. 
 
 Surrender of §4586. Sec. LXXI. Bail can surrender their principal to the 
 Sheriff in vacation as well as in open court. 
 
 imiefinite § 46S7. Sec. LXXII. In all cases where imprisonment in the 
 
 5^n?°" common jail of the count}', by the sentence of the court, is a part 
 or the wliole ot the punishment, and the offence is such a one • 
 where, by this Code, no limit is fixed for tlie discretion of the 
 
 Discretion- (-ourt. sucli imprisoumeut shall in no case exceed six months, 
 
 ary lino. ' '^ ... 
 
 and where no limit is placed on the discretion of the Judge to 
 line, such line shall not exceed live hundred dollars. 
 Settlement §4588. Sec. LXXIII. All offcnccs agaiust the pcrsou Or pro- 
 fella's?"' "'^'perty of a citizen, not punisliable by fine or imprisonment, or a 
 more severe penalty, may be settled by the prosecutor and offen- 
 der at any time before verdict, the costs uj) to the time of set- 
 tlement being first paid. 
 Of all others. §4589. Sec. LXXIV. All other offences must be settled by 
 the prosecutor, witli tlie consent ot' tlie court, entered by order 
 on its minutes, and not otherwise. 
 Kscessire §4590. Sec. l^XXV. AnJ' ofKccr «)f court kuowingly demand- 
 mean™/ ^' ing as costs from a defendant, fees to wliich tliey are not entitled, 
 shall be guilty of a misdemeanor, and punished by fine or im- 
 prisonment, at the discretion of the court. 
 Tworctmns §4591. Sec.L.XXVI. Two rctunis of ''uo bill" by grand ju- 
 ^'nobiii aj.*gg^ ^,j-^ ^]jjj sfinie cliargc or accusation, shall be a bar to any fu- 
 ture prosecution for the same offence, either under the same or 
 another name, unless such returns have been procured by the 
 fraudulent conduct of the person charged, on proof of which, 
 or of newly discovered evidence, the Judge may allow a third 
 bill to be presented, found and prosecuted. 
 Insolvent § 4592. Sec. LXXYII. When costs are not recovered from the 
 costs. defendant, the same shall be paid to the respective officers out of 
 
 money received for fines, upon orders regularly presented and 
 allowed and entered on the minutes of the court. Such orders, 
 (except those of the prosecuting attorneys.) shall be paid in the 
 distribution, order of their date, and all monies arising from fines shall be dis- 
 tributed under an order of the court, to be entered on the min- 
 utes at each term. Upon application of the Ordinary, tlie grand 
 Power of -jm-y mav, at anv term, reciuire an exhibit from the Solicitor 
 
 i;rana ,iury. J ./ <' •' • ' -^ 
 
 General and Clerk, showing the disposition of all money arising 
 
 from fines, and the present state of their accounts. The cases 
 
 * on the criminal docket shall be called in the order in which they 
 
 stand on the docket, unless the defendant be in jail, and the 
 
PT. 4.— TIT. 1.— Penal Code. 899 
 
 Division 14. — Of Indictments, Arramfmments, &c. 
 
 State shall be required in every case to announce ready or not 
 ready for trial, l)efore the defendant shall be called on to make 
 t^iich announcement ; and in all cases in which the defendant 
 cannot according to law demand a trial, a continuance shall not 
 be granted to the State, except upon a reasonable showing there- 
 for. 
 
 to 
 
 FIFTEENTH DIYISI0:N^. 
 
 OF CONTEMPTS OF COURT, AND ATTEMPTS TO COMMIT CRIMES. 
 
 Sectiox. t jSECTior. 
 
 4593. Contempts of court. I 4594. Penalty for attempts. 
 
 §4593. Sec. I. The power of the several courts of law and Power of 
 equity in this State, to issue attachments and inflict summary p'misWns 
 punishments for contempts of court, shall not extend to any'""'^™'' " 
 cases except the misbehavior of any person or persons in the 
 presence of the said courts, or so near thereto as to obstruct the 
 administration of justice; the misbehavior of any of the officers 
 of said courts in their official transactions, and the disobedience 
 or resistance by any officer of said courts, party, juror, witness, 
 or other person or persons to any lawful writ, process, order, 
 rule, decree, or command of the said courts. 
 
 §4594. Sec. II. If any person shall attempt to commit an of- Attempts 
 fence prohibited by law, and in such attempt shall do any act cr^Ts'^ow 
 towards the commission of such offence, but shall fail in the per- ''""'*'""^' 
 petration thereof, or shall be prevented or intercepted from exe- 
 cuting the same, sucli person so offending shall be indicted for a 
 misdemeanor, and, on conviction thereof, shall, in cases where 
 no provision is otherwise made in this Code, or by law, for the 
 punishment of such attempt, be punished as follows : 
 
 First— It' the offence attempted to be c(mimitted be such as if the inten 
 is punishable by law with death, the person convicted of such wouifhTve 
 attempt shall be punished by imprisonment and labor in tJie ^""^ •'*^'"''' 
 penitentiary for any time not less than two years, nor more than 
 seven years. 
 
 Second—If the offence attempted to be conmiitted be punish- if penitenti- 
 able by law by imprisonment and labor in the penitentiary for ''"'^ ■* ^'■''" 
 a time not less than four years, the person convicted of such at- 
 tempt shall be punished by imprisonment and labor in the peni- 
 tentiary for any time not less than one year, nor more than four 
 years. 
 
900 PT. 4.— TIT. 1.— Penal Code. 
 
 Division 15. — Of Contempts of Court and Attempts to Commit Crimes. 
 
 If penit'enti- Thlvcl — If the offence attempted to be committed be such as- 
 ary- years. .^ p^^^ishable bj law bv imprisonment and labor in the peniten- 
 tiary for a time not less tlian two years, the person convicted ot" 
 sucli attempt shall be imprisoned in the pejiitentiary at labor for 
 the term of one year. 
 If pcnitenti- Fouvth — If the offcnce attempted to be committed be pnnish- 
 ary year. ^^^^^ ^^^^ ^^^^^ ^^^^ imprisonmciit and labor in the i^enitentiarv 
 
 for a time not exceeding one year, the person convicted of suclv 
 attempt shall l)e ]">nnished by fine not exceeding five hnndred 
 dollars, or imprisonment in the cominon jail, or both, at the dis- 
 cretion of the conrt. 
 If fine $500 ^^'fif' — If the offence attempted to be connnitted be pnnish- 
 inenTfn'jaii'aWe by law by fine not exceeding five hundred dollars, or ini- 
 ««• oth. prisunment in the common jail, or both, the person convicted of 
 such attempt shall be punished by fine, or imprisonment in tlic 
 conujion jail, at the discretion of the court. 
 
 SIXTEENTH DIVISION. 
 
 PROCEEDINGS IN rRKLIMINARY COURTS. 
 
 AirricLE 1. Proceeding prior to arrest. 
 
 Article 2. Of arrest and its consequences. 
 
 Article 3. Of courts of inquiry, commitment and bail. 
 
 Article 4. Of warrants for good behavior and to keep the peace. 
 
 Article. 5. Of search warrants. 
 
 Article G. Of proceedings in cases of bastardy. 
 
 ^ ARTICLE I. 
 
 PROCEEDINGS PRIOR TO ARREST. 
 
 Sectiox. Sectiok. 
 
 4595. Wlio may issue warrants. 4599. Of selection of Judge to try cause 
 
 4596. Form of affidavit. ! 4600. Officer may require bor.d. 
 459T. Form of warrant. 4601. Backing warrant. 
 459S. Special warrant. 
 
 whomiiyis- §4595. Sec. I. Any Judge of a Superior or City Court, any 
 ' Justice of the Inferior Court or of the Peace, or any corporation 
 officer clothed by law \\-\t\\ the powers of a Justice of the Peace, 
 may issue his warrant for the arrest of any offender against the 
 
 sue warmnts 
 
PT. 4.— TIT. 1.— DIY. 16.— Penal Code. 001 
 
 Article 1. — Proceedings prior to Arrest. 
 
 penal laws of this State, based either on his own knowledge, or 
 tjig information of others given to him under oath. 
 I §4506. Sec. II. An athdavit substantially complying with the davu. 
 following form shal,Jjin all cases be deemed sufficient : 
 
 "Georgia, ( 
 
 County. ( 
 Personally appeared A. B. who, on oath, saith that to the best 
 •f his knowledge and belief C. D., (either "of said county," or 
 •now within said county,") is guilty of tlie offence of and 
 
 riiis deponent makes this affidavit that a warrant may issue for 
 his arrest. _ A. B. , 
 
 "Sworn to and subscribed before mo this day of IS . 
 
 ^_^he affidavit shall be attached to the warrant. 
 
 §4507. Sec. III. The following form may be used for a war- Form of war- 
 rant, and a substantial compliance therewith shall be sufficient : ™° ' 
 
 ■^'Cteoegia, / 
 
 County. \ 
 
 ■■To any Slieritf, or his deputy, Coroner, Constable, or Mar- 
 shal of said State — Greeting : 
 
 "For sufficient cause made known to me, you are hereby com- 
 manded to arrest tlie body of C. D., charged by A. B. with the 
 offence of against the laws of this State, and to bring him 
 
 before me or some other judicial officer of this State, to be dealt 
 with as the laM' directs. You will also levy on a sufficiency of 
 the property of the said C. D. to pay the costs in the event of 
 his final conviction. Herein fail not. J. P." 
 
 § 450S. Sec. I Y. Xo judicial officer, except a Judge of the special war- 
 Superior Court, shall issue a special warrant returnable only be-'""*" 
 ibre himself ; nor shall any Judge issue such warrant out of his 
 own judicial circuit ; nor shall any such Av^rrant authorize a citi- 
 zen to be carried out of his own county for the investigation be- 
 fore the committing court. In such cases the warrant, though 
 special, shall be treated as a general warrant. 
 
 §4500. Sec. Y. The arresting officer shall carry the prisoner or seiectiou 
 before the most convenient and accessible judicial officer author- tr/th!f* ^^ 
 ized to hear the cause, unless the prisoner shall desire otherwise, '"'""'' 
 in which case, if there be no suspicion of improper motive, the 
 arresting officer shall carry him before some other judicial officer. 
 1 Jut in no case has a prisoner the right to select the Justice be- 
 fore whom he shall be tried. 
 
902 
 
 FT. 4.— TIT. 1.— DIY. 16.— Penal Code. 
 
 Article 1. — Proceedings prior to Arrest. 
 
 Officer may 8 4600. Sec. YI. The officer issuing a warrant upon any suffi- 
 
 reqnirebond . i x- • • • i JT .. 
 
 to prosecute, cient grouncis 01 suspicion, may require the applicant first to file 
 a bond with sufiicient sureties to prosecute the suit, in the event 
 of a committal. 
 
 § 4601. Sec. VII. A warrant may l)e issued in any county 
 where tlie defendant i.s, though the crime was committed in 
 another ; and a warrant once issued may be executed in any 
 county, being first backed by a judicial officer of such county, 
 substantially as follows : 
 
 C I'lntv ' "^^^ '^"-^ lawful officer to execute and return. 
 
 J. P. [seal.] 
 
 Backing 
 ■warrants in 
 another 
 county. 
 
 Arrest and 
 posse. 
 
 ARTICLE II. 
 
 OF ARRESTS AND ITS CONSKQUEXCES. 
 
 Section. 
 
 4602. Arrest — posse to assist. 
 
 4603. Arrest — witlioiit warrant. 
 
 4604. Arrest — by private person. 
 
 4605. Duty of person arresting. 
 
 4606. Of officer arrestinir. 
 
 Section. 
 
 4607. Following offender. 
 
 4608. Bench warrant. 
 
 4600. What constitutes an arrest. 
 4610. Breaking oi)en door.s. 
 
 Arrest \rith- 
 •nt ■warrant. 
 
 By private 
 person. 
 
 Bnty of 
 person ar- 
 
 rt-stin-. 
 
 §4602. Sec. I. Every ofiicer is Ijound to execute the penal 
 warrants placed in his hands, and to that end he may summon 
 to his assistance, either iii writing or verbally, any of the citizens 
 of the neighborhood or county. As the posse of such ofiicer, 
 their acts shall be subject to the same protection and consequence.- 
 as official acts. 
 
 § 4603. Sec. II. An arrest may be made for a crime by an 
 ofiicer, either under a M'arrant or without a warrant, if the oftence 
 is committed in his ^esence, or the offender is endeavoring to 
 escape, or for other cause there is likely to l)e a failure of justice 
 for want of an officer to issue a warrant. 
 
 § 4604. Sec. III. A private person may arrest an offender, if 
 the offence is committed in his presence or within his immediate 
 knowledge ; and if the offence is a felony, and the offender is es- 
 caping or attempting to escape, a private person may arrest him 
 upon reasonable and probable grounds of suspicion. 
 
 §4605. Sec. IY. In every case of an arrest without warrant, 
 the person arresting shall without delay convey the offender be- 
 fore the most convenient officer authorized to receive an affidavit 
 
 I 
 
PT. 4.— TIT. 1.— DIV. 16.— Penai. Code. 903 
 
 Article 2. — Of Arrest and its Consequences. 
 
 and issue a warrant. And no such imprisonment shall be legal 
 beyond a reasonable time allowed lor this purpose. 
 
 §4606. Sec. Y. Every officer arresting under a warrant shall of officer ar- 
 
 ^ , , , resting. 
 
 exercise reasonable diligence in bringing the person arrested be- 
 fore the person authorized to examine, commit or receive bail. 
 
 § 4607. Sec. VI. If the accused is in the act of escape, any Following 
 officer having the warrant may pursue and arrest him beyond the 
 limits of the county of which he is an officer ; and in such case 
 the accused shall l)e carried back to the county whence he es- 
 caped for examination and commitment. In all other cases the 
 examination shall be had in the county of the arrest, unless by 
 consent of the accused he is carried to the county whence the 
 warrant issued. 
 
 §4608. Sec. VII. A bench warrant is one issued by a Judge Bench w-ir- 
 of the Superior Court for the arrest of one accused of a crime""** 
 by a grand jury. Every officer is bound to execute it within his 
 bailiwick, and every person so arrested must be committed to 
 jail until bail is tendered, in which case any judicial officer, or 
 the Sheritl' of the county where the accusation was found, may 
 receive the bail, and to this end may fix the amount of the bond 
 and approve the sureties. 
 
 §4609. Sec. VIII. An actual tonchinc: tvith the hand is notwi.atcon- 
 
 *- ^ Btitutcs an 
 
 essential to constitute a valid arrest. If the defendant voivmta- arrest, 
 rily submits to be considered under arrest, or yields on condition 
 of being allowed his freedom of locomotion under the discretion 
 of the officer, the arrest is complete. 
 
 §4610. Sec. IX. In order to arrest under a warrant charging j,j.^^^.j^g 
 a crime, the officer may break open the door of any house where "i''''^ ^*'^""* 
 the offender is concealed. 
 
 ARTICLE III. 
 
 OF COURTS OF INQUIRY. 
 
 Section. 
 4619. Commitment. 
 
 Sectiox. 
 
 4611. Wlio may hold. 
 
 4612. Other associate^;. 4620. Bail. 
 
 4611!. Time granted partie.s. 
 
 4614. p]videuce. 
 
 4615. Abstract of evideuce. 
 
 4616. Witnesses may be recoti'iiized. 
 
 4617. Binding over witnesses. 
 
 4618. Rule of decision. 
 
 4621. AYaiving trial. 
 
 4622. May be committed fur difl'. od'cnces. 
 462r. Disposition of papers 
 
 4624. Bail surreuderin<;' principal. 
 
 4625. Bail allowed — how often. 
 
 4G2G. Inforniiditv no ^-ronnd of discharge. 
 
904 PT. 4.— TIT. 1.— DIV. 16.— Penal Code. 
 
 Article 3. — Of Courts of Inquiry. 
 
 Who may §4611. Sbc. I. Any Judge of the Superior or Inferior Court, 
 or Justice of the Peace, or city or town officer who may be ex 
 officio Justice of the Peace, may liokl a court of inquiry to ex- 
 amine into any accusation apjainst any person legally arrested 
 and brouglit before him. The time and ]»lace of such inquiry 
 shall be determined by liim. 
 
 otherasso- 8 4612. .Skc. II. The officer before wliom the accused is broutrht 
 
 ciatee. o ..... 
 
 may associate with him in the investigation one or more Justices, 
 in whicli event a majority shall decide all questions. If there 
 are only two presiding, the original Justice shall determine all 
 jjuestions wlxire tlie court is not agreed. 
 Tiujc pantt §4613. Sec. III. A reasonable time shall be given to the de- 
 dant '" fendant or ])rosecut(»r for the ]>rop:iration ot' his case, and in no 
 \fr^ event shall the defendant be forced to trial without tlie aid of 
 
 ' /counsel, if there be a reasonable probability of his securing coun- 
 
 jsel without t<»o great delay. 
 Evidoncc ^4614. lSi:r. IV. The court sli:ill licar all legal evidence sub- 
 mitted by either party, and shall always permit the defendant to 
 ,, , , .. make his own statement of the transaction (not under oath") if 
 etatciiirnt ]^q dcsircs to do so. The weight to be given to such statement 
 shall be entirely in the discretion and sound judgment of tlic 
 court. Whenever such statement is made, it shall be the duty 
 of the court to reduce it to writing, and return it with the other 
 pa})ers to the ISuperior Court, in the event of a commitment. 
 Mfiii.oi ovi- §4615. !Sk« . \. If the charge be ot u felony, tlie court shall 
 cause an abstract t>f all the evidence to be made and returned as 
 above. 
 r.indinj: §4616. SiX'. VI. In the cvcut of a commitment, the court in 
 
 nessor" its discretion may reipiire the witnesses in behalf (»f the State 
 or others to give suitable bonds for their appearance at court, 
 with or without sureties, as the circumstances seem to demand. 
 Auondance §4617. Skc. YII. A court of iuquirv shall have power to com- 
 or witnesses, pgj ^1^^ attendance of all witnesses resident within the county, 
 alter notice of twenty-four hours, and to this end may order 
 their arrest. 
 Kuieofikci- §4618. Se( . A'lII. The duty of the court of inquiry is simply 
 to determine whether there is sufficient reason to suspect the 
 guilt of the accused, to recpiire him to appear and answer before 
 the Superior Court. And whenever such probable cause exists, 
 it is the dutv of the court to commit. 
 
PT. 4.— TIT. 1.— DIV. !«.— Penal Code. 905 
 
 Article 3. — Of Courts of Inquiry. 
 
 § 4619. Sec. IX. The following form, or one in substance the commit- 
 ?amo^ sliall be deemed a sufficient commitment : 
 
 County, f 
 A. Ij. haviiirr been arrested on a warrant for tlie oifence of 
 and ])roug]it l)cfore me, after hearing evidence, it is or- 
 <lcred that lie l)e committed for trial for the oifence of 
 And the jailor of said county (or any other county, if necessary,) 
 is required to receive and safely keep him until discharged by due 
 process of law. Witness, my hand and seal, this day of 
 
 ^ 1^ • ^ ^ J. r. [seal.] 
 
 § 4620. Sec. X. If bail is tendere<l and accepted, no regular i^-'"- 
 -commitment need be entered, but a simple memorandum of the 
 fact of bail being taken. A reasonable opportunity shall be al- 
 ^ lowed every person accused to give bail, and even after commit- 
 ment and imprisonment, the commiting court may order the 
 prisoner lirought before him or them, to receive bail,\inlesssuch 
 prisoner be a slave or free person of color, in wliich case see Penal 
 Code for Slaves. 
 
 § 4621. Sec. XI. If the party waives a hearing and tenders waiving 
 bail, a memorandum of these facts shall be entered on the war- *'"""■ 
 rant ; and this may be done by the party charged before arrest, 
 and M-hen done, shall operate as a supersedeas. 
 
 §4622. Sec. XII. A court of inquiry may commit for a differ- committin-. 
 <3nt offence than that stated in the warrant, if the evidence re- offonc?'"'''' 
 <|uires it. 
 
 §4623. Sec. XIII. The commitment shall l)c delivered to the Disposition 
 officer hi whose charge the prisoner is placed, to be delivered with "' ''''"" 
 the prisoner to the jailor, and a memorandum of the fact en- 
 tered on the warrant. The warrant and all the other papers 
 shall be forwarded to the Clerk of the Superior Court, to be de- 
 ilivered to the Solicitor or Attorney General. 
 
 §4624. Sec. XIY. Bail may surrender tlieir principal in va- r.aii su.ren- 
 •cation to the Sheriff, or in open court, in discharge of them-dS" p""- 
 selves from liability and such privilege, shall continue to the day 
 •of the term, without liability for costs for a forfeiture of the 
 bond. After forfeiture, and before final judgment, the bail may, 
 at any time, surrender their principal, upon payment of all costs 
 4iccrumg up to that time. Tlie death of the principal at any 
 time before final judgment, shall be equivalent to a surrender. ' 
 
906 
 
 PT. 4.— TIT. I.—DIY. 16.— Penal Code. 
 
 Article 3. — Of Courts of Inquiry. 
 
 Bail but 
 •ucc. 
 
 §4625. Sec. XY. No person shall give bail but once before indict- 
 ment found, nor more than twice afterwards, before trial. Capital 
 oifences are bailable only before a Judge of the Superior or three 
 Justices of the Inferior Court, and is, in every, case, a matter of 
 sound discretion. All other cases are bailable by the commit- 
 ting court. Excessive bail shall never be demanded. 
 Informality g 4026. Sec. XVI. Ko prisoucr shall be discharged on writ <.>i" 
 
 no gronnd of , , , j> • i- t • i 
 
 discharge. haOeas covpus, bccausc 01 inlormality m the commitment, or oi 
 the proceedings ])rior thereto, provided the foregoing provision?- 
 of this division have been substantially complied with. 
 
 Bond for 
 pood bebn- 
 vl«r. 
 
 Suit for 
 
 Wreaeb. 
 
 Bxteaded 
 iVvm term 
 to term. 
 
 Bond to 
 keep ilie 
 p«ace. 
 
 ARTICLE IV. 
 
 OF WARRANTS FOR GOOD DKilAVIOR. AND TO KKKP THK I'K.VCl-:. 
 
 Section'. 
 •}G27. Bond lor iiood l)eli:ivior. 
 1G28. Suit for broadi. 
 IG29. F-.\tondcd froui term to term. 
 ■IGi'O. Bond to kec]> the ]^eaoe. 
 
 Section'. 
 •IGlil. Brench of the l.ond. 
 IG:'."J. Wlicu rcvoiied. 
 ■iiiX',. Extending the bond. 
 IG.'M. Wife may retpiire it. 
 
 §4627. Siic. I. Any of the judicial olhcers before named may, 
 upon the information of others under oath, or on his motion, is- 
 sue his warrant against any person in the county, whose conduct 
 is such as to justity the belief that the safety of any one or more 
 of the citizens of the county, or the peace or the property of the 
 same is in danger of being injured or disturbed thereby ; and upon 
 the return of such warrant, the court, in its discretion, may re- 
 quire from such person a bond with suretie.- for his good behavior, 
 until the next term of the Superior Court of the county. 
 
 §4628. Sec. II. For a violation of such bond, suit may be 
 brought at the instance of any citizen of the county, and one- 
 half the recovery shall be paid to the informer, and the other 
 half be added to the Educational Fimd of the county. 
 
 § 4629. Sec. III. Such bond for good behavior may be exten- 
 ted from term to term, by the Superior Court in its discretion ; 
 the sureties, like other bail, haying the privilege of surrending 
 their principal. If not extended, it expires with the session of 
 such court. 
 
 § 4630. Sec. IV. Upon the information of any person under 
 oath, that he is in iear of bodily hai-m to himself or his family, 
 from another, or of violent injury to his property, any of the ju- 
 dicial officers, before named, may issue liis warrant against such 
 
PT. 4.— TIT. 1.— DIY. 16.— Penal Code. 907 
 
 Article 4. — Of TVarrants for Good Behavior. 
 
 other person, requiring his arrest ; and if, upon the return there- 
 of, the court is satisfied, upon hearing tlie evidence of both par- 
 ties, that probable cause for sucli fear exists, he may require the 
 accused to give bond, with good security, to keep the peace, as 
 against the person, family and property of the afiiant ; and, on 
 failure to give the bond, shall commit him to jail. 
 
 §4631. Sec. Y. Actual violence, or a menace of violence, or Breach of 
 any other act intended and calculated to excite alarm, or to pro- "'* ^"'°'" 
 voke a breach of the peace, shall be a violation of such bond ; 
 and for every such act, the party at whose instance it shall be re- 
 quired, shall have a right of action. 
 
 § 4G32. Sec. YI. If the party requiring the bond, by his own Avhen pro- 
 conduct provokes a violation by the other, no recovery shall be'"''"'" 
 had. 
 
 §4633. Sec. YII. The Superior Court may, at any time, dis- Extendinj 
 charge the bond, unless there be a motion to extend it, accom- ^^' '''*''*^- 
 panied by evidence to satisfy the court of the necessity of such 
 extension. 
 
 §4634. Sec. YIII. A wife may require a bond to keep the wife may 
 peace, or for good behavior against her husband. " require it. 
 
 ARTICLE Y. 
 
 OF SEARCH WARRANTS. 
 
 Section. j Section. 
 
 4635. When issued. 4638. Forcible taking of goods. 
 
 4636. How execnted. | 4639. Binding over offender. 
 
 4637. Goods if found. I 
 
 §4635. Sec. I. A warrant to search the person or property of whenissaed 
 another, must issue only upon probable cause supported by oath, 
 and particularly describing the place to be searched, and the per- 
 son or thing to be seized. 
 
 §4636. Sec. II. The officer executing such a warrant, may iiowexecu- 
 break the door of the house or room specified in the warrant. ^"^' 
 The warrant is his justification. If it was taken without prob- 
 able cause, the breaking and search is a trespass on the part of 
 the applicant therefor. 
 
 §4637. Sec. III. If the goods are found, the officer shall seize Goods if 
 and bring them before the court, who may hear evidence as to ' 
 ownership and possession, and grant possession to tlie owner from 
 whom .the same have been feloniously taken. 
 
 found. 
 
908 FT. 4.— TIT. 1.— DIY. 16.— Penal Code. 
 
 Article 5. — Of Search Warrants. 
 
 Forcibictak- §4638. Sec. IV. The forcible takinor of goods, if not done 
 
 ing of goods. , . . , . . -i i i /. 
 
 With criminal intent, is not probable cause lor a search warrant. 
 Bindins 8 4639. Sec. Y. Upon the hearin«r, the conrt may require the 
 
 over ollen- " . ^ . " , , ^ 
 
 <ier. person, m Avhose possession the goods are tound, to give bond for 
 
 his appearance, to answer either charge for larceny, or receiving 
 stolen 2;oods, as the facts inav be. 
 
 ARTICLE VI. 
 
 OF PROCKKDINGS IN CASES OF BASTARDY. 
 
 Section. ' Section. 
 
 •J 6 10. Proceedings aj,'ainst parents. 4642. Suit on bond. 
 
 •IGJl. Commitment of mother. ; 461.'i. Deposit of bond. 
 
 Trocoedings § '^^'i*^- Skc. I. Any Justicc of tlic Pcace, in any county within 
 nfothcr.^^*^ this State, who of his own knowledge, or on information to him 
 on oath, made of any free white woman having a Ijastard child, 
 or being pregnant with one, which it is proliable will become 
 chargeable to the county, he may thereuj^on cause a warrant, 
 under his hand and seal, directed to the Sherilf or any Constable 
 of said county where the case may arise, and oblige the oftender 
 to be brought before him to give security to the Inferior Court 
 of the county in the sum of seven hundred and tifty dollars, for 
 the support and education of such child or children till the age 
 Against the ^^' fourtccu ycai's, or to discover on oath the fiither of such bas- 
 mher, p^^.^ child ; which being done, the said Justice shall issue his 
 warrant, in like manner, to bring before him the person sworn 
 to be the father of such child or children so born, or to be born, 
 who, on refusing to give security for the maintenance and edu- 
 cation of such child or children until they arrive at the age of four- 
 teen years, and also the expense of lying-in with such child or 
 ■childi'en, boardhig. nursing, and maintenance while the mother 
 of such child is contined by reason thereof; that then it may 
 and shall be lawful for the said Justice to bind over such delin- 
 quent in a sufficient recognizance to be and appear before the 
 next Superior Court which may be held in said county ; and it 
 shall be the duty of the Attorney or Solicitor General to prefer 
 a bill of indictment, to be laid before the grand jury, to answer 
 to such complaint as may be then and there alleged against him 
 touching the premises. 
 
PT. 4.-TIT. I.-Penal Code. 
 
 909 
 
 Article 6.— Of Proceedings in cases of Bastardj'. 
 
 ^4641. Sec.il In case the woman, who shall have been de-womento 
 livered or is likely to be delivered, when In^ught before a Jus.-txZ'^Ttn 
 tice, refuses to discover on oath the fiither of such child or chil-wthTilil^ 
 dren so born, or to be born, or give such security to appear be-"' 
 iore the next Superior Court to be held in and for the said 
 county, and to give such security as may be then and tliere re- 
 quired of her by the said court, for the maintenance and educa- 
 tion, as aforesaid, of the said child ur children ; that then it 
 shall be lawful for the Justice to commit her, in manner and 
 torm aforesaid, as pointed out hy this act; and in case of her re- 
 tusing to make known to the said court the father of such child, 
 or give security as aforesaid, that then it may and shall be law- 
 ful for the said court to imprison her not exceeding three months • 
 Provided, nevertheless, that nothing herein contained shall be so But they 
 cmistrued as to bar either party, when charged as aforesaid, from ru^^afo:;*^'- 
 ofienng exculpatory testimony to the magistrate in the first in/"''"^"^^- 
 stance of the charge exhibited, who may exercise his discretion- 
 ary power, after due inquiry being had, either to discharo-e or 
 recognize both or either of the parties charged as aforesaid in 
 conformity to the intent and meaning of this act, anything to 
 the contrary notwithstanding. 
 
 ^ §4G42. Sec. III. It shall be the duty of the Inferior Courts no„.is fo. 
 in the several counties of this State, when any child has or shall aiiro^r.'- 
 become chargeable to the county where bonds are taken, as above dren''"" 
 recited, for the maintenance of bastard children, to institute an 
 action on all bonds so taken, and it shall be lawful for them to 
 recover the full amount of said bond or bonds, which judgment 
 or judgments shall remain open, and be subject to be appro- 
 priated by the courts aforesaid, from time to time, as the situa- 
 tion and exigencies of the said bastard child may require 
 
 § 4643 Sec. IV It shall be the duty of the Justice or Jus- How ana 
 tices of the Peace before whom the bond shall be taken, to ve-u>LT^7to 
 turn such bond to the Clerk of the Inferior Court of the countv "'"'""'• 
 m which such female shall reside, within thirty days after the 
 same is taken. 
 
yob 
 
 PT. 4.— TIT. 2.— Penitentiaky. 
 
 Chapter 1. — The Penitentiary. 
 
 TITLE 11. 
 OF THE pexitp:ntiary. 
 
 ' 'iiiccib ap- 
 pointed by 
 the Gover- 
 
 Oiliccrs II |»- 
 ;>ointed bv 
 theP. K. ■ 
 
 CHAPTER I. 
 
 THE penitentiary 
 
 Section. 
 4041:. Ollicors uppoiuled by Governor. 
 1645. Officers appointed by Prin. Keeper. 
 4G4C. Salaries. 
 4G47. Prisoner's clotlies. 
 4G48. Description of jirisonerB. 
 4640^ Search of convicts. 
 
 4650. Law to be read to convicts. 
 
 4651. Clothing of convicts. 
 
 4652. Clothing on discharjro. 
 405:5. Labor of convicts. 
 
 4654. Hours of labor. 
 
 4655. Garden ciiltivatod. 
 
 4656. Cleanhness observed. 
 
 4657. Hospital. 
 
 4058. Punishment by ofllcers. 
 
 4659. I^etters to be examined. 
 
 4660. Visitors — iK'rmission to. 
 
 4661. Spirituous Uijuors. 
 
 4662. Liplits. 
 460.'?. Cells. 
 
 466-1. Inspector^ duty. 
 
 4 065. Confederate States convicts. 
 
 1600. Bosses. 
 
 •16G7. Puty of Principal Keeper. 
 
 Section. 
 4608. Morals. 
 4009. By-Laws. 
 
 4670. Accounts of the State. 
 
 4671. Conveyance of convicts. 
 
 4072. (ienoral supervision of Prin. K'p'r. 
 467.'i. Confinement on Sabbath. 
 4674. Bix)k-keeper — duties. 
 4075. Drafts and salaries. 
 
 4676. Contingencies. 
 
 4677. Suits, by whom brought. 
 
 4678. Assistant Keeper. 
 
 4679. Bonds. 
 
 4080. Oaih. 
 
 4081. Marked price of goods. 
 
 4082. Successors. 
 
 4083. Officers exempt. 
 
 4684. Loaning mat«rials, &c. 
 
 4685. Commigsioners. 
 
 4680. Amount of material.-^. 
 4687. Physician. 
 
 4088. Chaplain. 
 
 4689. Bible, kc. 
 
 •1G90. Costs on escapes. 
 
 IG91. Legislative Committee. 
 
 tal.vics. 
 
 § 4044, The officers for the nianagenieut of the penitentiary 
 bhall be one Inspector, one Principal Keeper, a Book-keeper, a 
 Phytiician, and a Chaplain, all of whom shall be appointed for 
 one year by tlie Governor, who may remove at his j)leasure and 
 rill the vacancies. 
 
 § 4(345, There shall be one Assistant Keeper, and as many over- 
 seers, not exceeding four, as the Principal Keeper may deem ne- 
 cessai'y ; all of whom shall be appointed by the Principal Keeper 
 for one year, but removable at his pleasure, and the vacancies 
 filled by him. 
 
 § 4046. For the salaries to be paid to the several officers of 
 the penitentiary, see section 1574. 
 
PT. 4.— TIT. 2.— Penitentiary. Oil 
 
 Chapter 1. — ^The Penitentiary. 
 
 §4647. The Principal Keeper shall cause the clothes of each rrisonprs 
 prisoner, when reecived, to be cleansed and carefully kept, to be 
 returned to him on his discharge ; or at tlie request of the pris- 
 oner he may sell them and deposit the proceeds with the Clerk, 
 to be paid to the prisoner on hi? discharge, or, in case of his 
 dcatli before that time, to his legal representatives. 
 
 §4648. The Principal Keeper on the reception of each con- Degcripiion 
 vict shall enter, in a book kept for th.'it purpose, an accurate de-" p"*^°"*- 
 scription of such convict, giving his name, age, height, color of 
 eyes and hair, complexion, place of nativity, time of conviction, 
 county where convicted, nature of crime, and period of conline- 
 inent. 
 
 §4649. lie shall also cause such convict to be searched andsear(h<.f 
 deprived of any article by which an escape might be effected, 
 and also of all monies in his possession, to be returned on his 
 discharge, or to his legal representatives in case of his death. 
 
 §4650. lie shall also read to such convict such parts of thei-awsroa.i 
 laws of this State as impose penalties for escape, and the rules 
 relating to the conduct of prisoners. 
 
 §4651. The following clothing shall be annually furnished to ciothinfr to 
 prisoners, viz: one jacket, one vest and one pair of trowsers of ^'^ ''"■"'^''^■ 
 kerseys, two pair of shoes, two pair of coarse yarn socks, four 
 shirts, and two pair of trowsers of cotton cloth, with one jacket 
 of the same ; the material of the jackets and trowsers to be par- 
 ti-colored. An additional suit of clothes shall be given to con- 
 victs laboring as blacksmiths ; also, to each convict a cheap 
 mattress and as many blankets as are necessary. 
 
 §4652. When discharged, each prisoner shall receive a suit of c.iotvms on 
 clothes not exceeding ten dollars in value, and money not f,^,^'^"^'"'^^- 
 ceeding the same amount ; the Principal Keeper to discriminate 
 in both according to the conduct of the prisoner during his con- 
 finement. 
 
 §4653. Except on Sunday and when confined in their cells, 
 the prisoners shall be kept at hard labor as far as may be con- 
 sistent with their age, health and ability, and they shall be so 
 arranged at labor as to be nnder the constant supervision of the supervision. 
 Assistant, or one of the overseers, as far as practicable ; and no % 
 
 intercourse between convicts shall l)c allowed, except such as is 
 necessary for the work on wliich they are eno-ao-ed. 
 
 § 4654.- The hours of labor shall be regulated by the length of iiours or la- 
 the day, allowing not more than forty minutes for meals. ^*"'' 
 
 Labor. 
 
912 PT. 4.— TIT. 2.— Penitentiaet. 
 
 Chapter 1. — Tlie Penitentiary. 
 
 Garden. § 4655. A garden shall be attached to the penitentiary and 
 
 worked by the convicts, the vegetables to be for their use. 
 
 Cleanliness. §4650. Tlic walls of the cclls and other apartments of the 
 prison buildings shall be washed with lime at least once a year : 
 the floors shall be kept neat and clean, and the building fumiga- 
 ted and puritied with chloride of lime as often as the Physician 
 shall deem necessary. 
 
 nosi-it.-ii. §4657. A hos})ital shall be provided for the sick, and a con- 
 
 vict, seriously ill at the expiration of his term, shall have the 
 privilege of remaining until his recovery. 
 
 Tunisbment § 4658. For violatloii of rules or by-laws, the prisoner shall be 
 
 ^ " ' ' punished at the discretion- of the Principal Keeper, the concur- 
 ring assent of the Inspector being necessary for the infliction of 
 corporal punishment. 
 
 Lottois. &<■. § 4659. All letters or other things to or from the convicts shall 
 pass through the hands of the Princii)al Keeper, and may be in- 
 spected and withheld by him in his discretion. 
 
 Visitors. §4660. Visitors must liave the permission of the Principal 
 
 Keeper, and must l)e attended while in the penitentiary' by a 
 keeper or guard. A wife of a convict may be allowed to visit 
 him under such rules as the Principal Keeper may adopt. 
 
 Spirituous § 4661. Spirituous liquors shall Ijc allowed to a convict onlv 
 
 li'liior.s. , ..... j^, . . " 
 
 l)y prescription oi the 1 nysiciaii. 
 
 Lights. §4662. jS'^0 light shall be allowed in cclls after they are locked 
 
 for the night. 
 
 oils. §4663. Prisoners shall be kci)t in separate cells, and prisoners 
 
 of different sexes shall at all times be kept separate and apart. 
 The cells shall be numbered and divided into wards, over each 
 of which shall be an overseer. The overseer shall search tlie 
 cell and prisoner every night to prevent escape. 
 
 inspector-s § 4664. The Inspector shall purchase all materials which shall 
 be needed by the Principal Keeper for the use of the penitenti- 
 ary, and when delivered, shall take his receipt for the same. At 
 stated times he shall advertise in two of the p;azettes at the 
 (capital for sealed proposals to furnish wood, stock and coal. He 
 shall purchase provisions and stores for the prisoners and guard, 
 when required in writing by the Principal Keeper, and at no 
 other time. With the assistance of tlie Principal Keeper, he 
 shall price all articles made in the penitentiary. He shall make 
 an annual return to the Governor on the first day of October of 
 each vear, showing all of his acts connected witli his oflice. 
 
 •luty, 
 
PT. 4.— TIT. 2.— Penitentiary. 913 
 
 Chapter 1. — The Penitentiary. 
 
 §4665. The Inspector shall have power to regulate the terms c. s. con- 
 on which convicts sentenced by the courts of tlie Confederate 
 States for the circuit and district of Georgia sliall be admitted in 
 the penitentiary. 
 
 § 4666. The Inspector may employ suitable persons to give p.osse?. 
 necessary instructions in such branches of work as require such 
 skill and knowledge as no convict possesses. 
 
 §4667. The Principal Keeper sliall deliver all manufactured I'nucipai 
 
 , , , Keeper's 
 
 articles to the bookkeeper, taking duplicate receipts therefor, <i»ty- 
 specifying the prices assessed by the Inspector, lie shall also 
 make an annual return to the (Tovernor on the lirst day of Octo- 
 ber, showing the amounts of materials, 6cc., received, and of man- 
 ufactured articles delivered to the book-keeper, and also the 
 amount of materials and uniinishcd work on hand. 
 
 § 4668. He shall carefully note the moral conduct of the pris- Morals. 
 oners, and furnish them with such moral and religious books as he 
 thinks proper. 
 
 §4669. Together with the Inspector, the Principal Keeper p.^.],,., 
 may make all necessary bj^-laws and regulations tor the success- 
 ful working and government of the institution. 
 
 § 4670. The order of the Governor shall be sufficient voucher Accounts of 
 for any article, work or labor, needed by the State, and the book- ^'"^ ^^^'''' 
 keeper shall keep a regular account of the same. 
 
 § 4671. The Principal Keeper sliall make all necessary arrange- conveyance 
 men ts for the conveyance of convicts to the penitentiary, and' *^™^^*' 
 may draw on the book-lceeper for the funds necessary to defray 
 all such expenses. 
 
 § 4672. The Principal Keeper shall have a general superinten- General Sli- 
 ding ^ower over the institution, and shall be responsible fur the Princip^al ""^ 
 conduct of all officers under his command. He niay enlist his ^^'^^"' 
 own guard, not exceeding three officers, with as many men as 
 necessary, and at such wages as may be agreed on, and may dis- 
 miss them again at his pleasure. 
 
 §4673. The Principal Keeper may exercise his discretion as to couiinemeut 
 the time the convicts shall be confined on the Sabbath day. '" s.abbatb. 
 
 §4674. The book-keeper shall sell all manufactured articles atBookkeep- 
 tlie prices assessed as aforesaid, and collect all debts due to the*'" ^*'"*-^' 
 institution, and shall make a quarterly return to the Governor 
 showing the exact condition of his department. 
 
 § 4675. Tlie debts (contracted by the Inspector as aforesaid, Dmfts. 
 shall be paid upon the drafts of the Principal Keeper or the 
 58 
 
914 PT. 4.— TIT. 2.— Pknitentiarv. 
 
 Chapter 1. — The Penitentiary. 
 
 book-keeper. The salaries of the several officers, overseers and 
 pjuarcl f^ball 1)C paid quarterly by the book-keeper in accordance 
 with the pay-i-oll made out and ccrtiticd by the Principal Keeper, 
 
 canungcn- § 407<i. The book-kccpcr shall also pay incidental and contin- 
 gent expenses of the iustitntion upon the jjresentation of the ac- 
 counts audited and certified by the Principal Keeper. 
 
 ^„:„ ^-i-fiTT. Tlie book-keeper is autIiori:a'd to commence suit in liis 
 
 own nnnie. oflicially. Yov any debt or cause of ;)r-tion occuring to 
 tlic jicnitcntiary. 
 
 .\k.siu.,. ^'l<'>7s. Tlic Af•>i^tant Keeper, and overseers shall alternately 
 
 .nvw*"'" reniuiii within the ]>enitentiarv during tl»e night, to superintend 
 the g\iard in sm-b n)anner as the Princi])al Keeper shall direct. 
 During the day they shall remain in tkeir rei^pcctivc" depart- 
 ments, superintend the labor of the convicts, and discharge all 
 such duties required of them by the Principal Keeper as shall 
 tend to the safe kcej^ing of the prisoners, the preservation of the 
 buihlings and other ]>roj)erty of the institution, and the success- 
 ful operation ot" tlie >ame. 
 
 i;.r..> §1('>7*.>, The In>)iector. Principal and Asr»istant Keejier and 
 
 book keeper, before they enter \ipon the discharge of their re- 
 spective duties shall give l»ond and good security to the Gover- 
 nor and his successors, in such sujns as may be designated by 
 j?iini, for the faithful performance of their respective duties. 
 
 «ath. ^4H80. The said officers shall also take and subscribe the fol- 
 
 'lowing oath : " I. ' . do solemnly swear that I will dili- 
 
 gently execute all tlie duties luwfully required of n)e, as an (tffi- 
 cer (i\' the jtenitcntiary, and will carry into execution tlie laws 
 and reguhrtions for the government of the same, to the best o4' 
 my knowledge and ability. And I will, on no occasion, ill-treat 
 .or abuse any prisoner under my care, beyond the punishment ac- 
 corded by hiM', or the rules and regulations of the penitentiary. 
 ;So hel)> me God." 
 
 T^cduc^t^ §40:^1. The Principal Keeper and Inspector may at any time 
 
 >reduce the mai'kcd price of any article oflfered for sale, if satisfied 
 from any cause, the mark is above its market value, and notify 
 the book-keeper of such charge. 
 
 § 4r»S2. The l*rincipal Keeper and book-keeper shall deliver to 
 their successors all the property of the institution of every kind 
 in their charge, taking receipts therefor. 
 
 worked 
 
PT. 4.— TIT. 2.— Penitentiary. 915 
 
 Chapter 1. — ^The Penitentiary. 
 
 ? 468*3. The officers ol" the penitentiary phall be exempt from Ksemption 
 militia duty jn time (if i)eaet'. and fnun inrv, ])atroi, road and 
 orirpuration duty at all times. 
 
 ^4684. No officer of the penitentiary shall sell or loan any ofi-oaningor 
 
 11 "1 J i- ' 1 1 mi Ti • Belling in:i- 
 
 the tool^. materials, or ]nY)aucts ot the garden. I he 1 rin-tcriau. 
 ■c-i]>al Keeper may sell old and usekss materials. ace(Mintinfr tor 
 the same to the book-keeper. 
 
 § 468r». The (Tdverner shall a]»]i(>int three commissionerR. annii-Annn«i ap- 
 ally, who shall take an inventory of the stock of the penitentiary, '"^'**^'"''"' 
 with an appraisement (»f its present value. 
 
 ^* 4()S('.. The Assistant Keeper shall keep a set of books on the Amount •! 
 tystem of d«.»uble entry, in wliich shall be kept a full and corrector 
 account of all purchase> made, a proper record of all the raw 
 •naterial consumed in the various work-shops, as well as of all the 
 manufactured article^., cash, and job work turned over to the 
 b(»ok-kee}>er for sale. He shall also take charge of the storehouse 
 containing the materials, and issue the same to the different over- 
 fleers of the work-shops, charging every item used to the appro- 
 priate shop. 
 
 § 4687. The physician to the ]>enitentiary, appointed by the |.i,T,i„ia«s 
 <Torernor. shall visit all the sick of the prisoners and guard at 
 lea^it once every day and before ten o'clock, A. M. — and oftener if 
 necessary or desired by the Principal Keeper. He shall also, at 
 least once every week, inspect the institution generally in what- 
 ever may affect its healthfulness. 
 
 ^468S. The chaplain appointed by the Governor shall preach ch»i.iain3, 
 to tlie convicts at least once every Sabbath day, and give them 
 T«nch other religious instruction as their condition may recpiire. 
 
 iJ4681». The (lovernor shall canse to be furnished to each con- HiWo. a.-. 
 vict a r>il)le and hymn book, to remain in his cell, and upon his 
 <^ischarge he snail be permitted to carry the same away with him. 
 
 §46t>(i. The expenses of all trials for esca])es from the peniten- („sumie»- 
 tiary, or attempts to escape, shall be paid by the State. *''''^*" 
 
 § 4601. A joint ccnnmittee of both branches of the Legislature Legislative 
 shall be ai)pointed at each session to investigate closely into the '"'"'"'"''"• 
 affairs of the ]>enitentiary, and report thereon ; and all the offi- 
 •c-ers of the said institution shall furnish said committee all the 
 assistance and information Avithin their power. 
 
916 PT. 4.— TIT. 3.— CHAP. 1.— Penal Code for Slaves. 
 
 Article 1. — General Principles. 
 
 TITLE III. 
 
 PKNAL CODE FOR SLAVES AND FREE PERSONS OF COLOR. 
 
 CIIAPTKR I. 
 
 PENAL CODE FOR SLAVES AND FREE PERSONS OF COLOR. 
 
 AuTicLK 1. General principles. 
 
 Article 2. Cai)itMl oitences, 
 
 Aktici>e 3. Offences not capital. 
 
 Article 4. Trial of offences. 
 
 Article 5, Bail — wlien allowed. 
 
 r^'flnlticHta. 
 
 ARTICLE I. 
 
 GENERAL PRINCIPLES. 
 
 Section. Section. 
 
 4692. Definition in Ppiial Code. 4008. Confessions ton master und giiar'n. 
 
 469.^. Provisions of Penal Code. 460!). Master competent witness. 
 
 4694. Insane onVnder. 4700. Master may control defence. 
 
 4695. Principal and accessory. 4701. Einploynient ol counsd. 
 
 4696. Principal in second degree. 4701'. Proceeding on indictment. Ac. 
 
 4697. Oflencca committed under coercion. 470.T. No second piinislimont. 
 
 § 4G".>2. All definitions of the Penal Code, so far a.- the t^aine 
 are applicable to offences committed hy slave.- and free i>ersonB 
 of color, shall be held and taken as embraced and made a part 
 of this Code. 
 Exceptions §4093. The age Or capacitj, and the exceptions as to insane 
 Xafiiy.*":. persons and idiots, the provisic^ns as to drunkenness, misfortune, 
 or accident, and crimes committed under fear or threats, shall be 
 held applicable to slaves and free persons of color. 
 Idiot or iu- §4094. If a slave or free person of color is found bv a jury to 
 sane person. -^^ ^^^ j^j^^ ^^ lusane, and for that cause is discharged from 
 prosecution for a capital offence, the presiding Judge shall pass 
 such order for his future confinement as shall protect the com- 
 munity from his future acts, the expenses of such confinement 
 shall be paid by the owner, if a slave, and out of the estate of 
 the free person of color, if he has any. 
 
FT. 4.— TIT. 3.— CHAP. 1.— Penal Code for Slaves. 91T 
 
 Article 1. — General Principles. 
 
 §469.""). A slave or free person may be a principal in the sec- Principal or 
 
 c X ./ 1 1 ^ accessary. 
 
 (•nd degree, or accessory either before or after the fact, to crimes 
 <:ommitted bv white persons, or by other slaves or free persons of 
 color, and in all cases the punishment shall be regulated under 
 the provisions of sections five and six of the second divisions of 
 the Penal Code. 
 
 § 4090. A slave shall never be punished for any offence not coercion. 
 capital which was committed under the coercion, order, threats 
 or persuasion <;tf his master or the person having control over 
 ])im, if it shall clearly appear that tlie act was entirely the result 
 of such influence, and not from any criminal intent. 
 
 § 4<'>9T. The confessions of a slave or free person of color, made confessions, 
 to his master or guardian under the order of such master or 
 guardian, shall not be held as voluntary confessions, or admitted 
 in evidence as such, nor shall confessions made by a slave to a 
 master l)e admitted at all, nor shall confessions made by a slave 
 i>;»rfree person of color, under punishment or the threat of pun- 
 ishment, he held admissible as evidence in any case. 
 
 §4:»)1'S. The rules of evidence in the trial of slaves and free confessions 
 persons of color, shall be the same as in the trial of white per- 
 sons; otlio)' slaves and free persons of color shall be competent 
 witnesses, if otherwise unobjectionable. 
 
 §4699. The master siiall, in all cases, be a competent witness Master wu- 
 tor or against his slave. 
 
 § 4700. In all trials of slaves, the master shall control the de- Defence. 
 tence of his slave, (unless the court in its discretion pass an order 
 directing the defence to be controlled by others,) and all motions, 
 demands, consents, bonds, bail, or other proceedings necessary to 
 the defence, may be made by the master or his attorney. 
 
 §4701. If tlie master fails to employ counsel for the defence of Empioy- 
 })is slave, charged with a capital olience, the court shall appoint counsel, 
 counsel, and tlic master shall be responsible for reasonable fees 
 to such counsel thus appointed, unless he shall personally, or by 
 attorney, disclaim all desire to defend; in the latter case the 
 court shall enter such disclaimer on its minutes, and the slave, if 
 acquitted, shall be the property of the counsel defending him. 
 
 §4702. The proceedings on indictments against slaves and free Pioc«edias9. 
 persons of color for capital oiFences, the empanneling of juries, 
 and all other proceedings usual in such cases to final execution, 
 shall be the same as prescribed in the penal code for white per- 
 t^ons. 
 
918 
 
 PT. 4.— TIT. 3.— GHAP. 1.— Pknal Code fok 8LA^ es. 
 
 Article 1. — General Principles. 
 
 No second §4703. !Bfo slavc shall be tried twice for the same offeiKre, nor 
 shall a slave be punished under a lc\u;al process for an offence not 
 capital, when he has already received punishment bv consent of 
 the master and the person aggrieved by lii> act. 
 
 ARTICLE II. 
 
 CAPITAL 0FFEXCK8. 
 
 •apiUil (if- 
 
 laoarn-c- 
 
 tlOBB. 
 
 Attempt t« 
 
 AdminUtor- 
 inc poison. 
 
 • flt'DC'CS 
 
 whith may 
 l>p rApitjiL 
 
 Section. 
 
 4704. Capital oflTences. 
 
 4705. Insurri'ctiou defined. 
 
 4706. Attt'inpt to oxcile an insurrection. 
 
 4707. Administering poison. 
 
 ^708. Olfenees wliich may be capital. 
 
 Section. 
 
 ( 4709. Conviction for minor offencen. 
 I 4710. Puni.shnicnt for manslaiiglitci 
 
 4711. Provocation to a slave. 
 
 4712. Solf-dcfenoo. 
 47i:<. rnrdoninn power. 
 
 §4704. The following offences, when <.'OMiiuitted by a slavc or 
 free ])crs()n of color, sliall be puin'slicd, on conviction, with 
 death, viz : Insurrei-ticm, or an attempt to excite it ; mnrder, 
 poisoning with intent to kill, and rape upi>n a free white female. 
 
 § 4705. Insurrection shall consist in any combined resistance 
 to tlie lawful authority of the master or the State, with intent to 
 the permanent denial thereof, when the same is manifested or in- 
 tend(Hl to be manifested by acts of violence — the mere resistance 
 of a slave, or his attempt to esca]»e, or actual escajic, I'rom the 
 Huister, shall not constitute insurrection. 
 
 §470«J, Any attempt, by threats, persuasion, <»r otherwise, tw 
 indu<*e other slaves to join in an insurrection in existence or cuu- 
 templated, shall constitute an attcmj)t to excite an insurrection. 
 
 ^47'>7. The administering of ])oison to a free white person 
 with intent to kill, .shall "constitute the offence specified in tbL* 
 article, although the poisoning failed oi' its effect from any 
 cause. 
 
 § 470S. The following ofi'enccs, w hen i^ommitted b}- a slave or 
 free person of color, shall be punished in the discretion of the 
 court, either by death or such other punishment as the court may 
 prescribe, proportionate to thu otiencc and calculated to prevent 
 the occurrence of like offences in future, viz : Attempt to com- 
 mit a rape upon a free white female; assaulting a free white 
 person with intent to nmrder or with a weapon likely to prv»- 
 duce death ; maiming a free white person ; arson of any descrip- 
 tion ; attempting to administer poison to any humaii l.>eing, or 
 
FT. 4.— TIT. o — CIIAP. 1.— Penal Code fob Slaves. 919 
 
 Article 2. — Capital Offences. 
 
 actually poisoning a s>lave or free |»erson <if color with intent to 
 kill. 
 
 §4709. ll" a slave or free perboii of color i:, cliaro;ed with aMiuoroi- 
 
 , , , . fencM. 
 
 capital oftence, but is convicted of a minor ofi'encc, the court 
 shall proceed to sentence the prisoner for such minor offence ac- 
 cording to the laws of this State. If the grand jury find a true 
 bill for a minor offence the court shall remit the case to the 
 committing court, 
 
 § 4710. If a slave be convicted of voluntary manslaughter, ei- Maniiau^u- 
 ther of a white person or of another negro, part of the punish- 
 ment shall be branding in a conspicuous place with the letter 
 
 §4711. Obedience and submission being the duty of a slave, ,.,.y^ocatioi. 
 much greater provocation is necessary to reduce a homicide of '** ^^^^^ 
 a white pcri^on by him to voluntary manslaughter, than is pre- 
 scribed for white persons ; in every case the question must be 
 for the jury to decide whether the provocation was such as to 
 justify uncontrollal)le passion in one accustomed to obedience and 
 ^submission. 
 
 §4712. Self defence is the right of every human being v.-here s< ii jt-fencc 
 bis own life is unlawfully endangered. In the ca?e of a slave, it 
 uiust clearly appear that the act done was in defence of his life 
 and not in a spirit of revenge. Self defence, or defence of his 
 master or family, is the only justification of a homicide by a 
 slave. 
 
 §47lo. Tlio (xovornor oi' the State shall have the full pardon- partioiuui 
 
 1, ^. ' 1 T t power. 
 
 mg power over all otionees committed by slaves. 
 
 ARTICLE III. 
 
 UKFI':.\C1::S NuT (.'AL'ITAL. 
 
 4714. Minor ofl't'iuv::^ s.[.ioi.-i('iod. 4717. rnuiMiinieiu of free uejjroc'?. 
 
 4715. OHenoefl not named in Iho Code, i 4718. Diaeretionary punishment. 
 47 IG. Ollbuops 'oy free jiersons of color. 
 
 § 4714. The foilowing offences defined in the Penal Code shall Minor ou-eu- 
 lilso be offences punishable in a slave or free person of color, *^''^^^''*'^ ^ ' 
 viz : assault upon any person, free or slave; assault with intent 
 to murder another free person of color ; battery upon the same ; 
 kidnapping a free person ; inveigling and kidnapping a free 
 
aii© PT. 4.— TIT. 3.— CHAP. 1.— Penal Code foe Slaves. 
 
 Article 3. — Offences not Capital. 
 
 white child ; stabbing a slave or free person .of color ; robbery ; 
 larceny ; forgery ; perjury ; rescue ; aiding in escape ; conspiracy ; 
 receiving stolen goods ; unlawful assemblies ; riot ; aftray ; keep- 
 ing gaming houses or tables ; gambling, and ever}' specifica- 
 tion of malicious mischief, 
 offcmeB not 8 4715. Til addition to the forccroinir, the followinc: shall be of- 
 
 Jiamcd in the "^ • i i i . \l , 
 
 Code. fences when conimittcu by slaves or free persons of color, viz : 
 
 furnishing s[)irituou8 liquors to other slaves or free persons of 
 color; concealing or harboring runaway slaves ; furnishing per- 
 mits or free jtapcrs to a slave or slaves ; teaching or instructing 
 a slave or free person of color in the knowledge of any poison- 
 ous root, ]ilant or herb, or other poison ; administering medicine, 
 or pretended medicine, to a slave, except by authority of the 
 master or employer, or under the direction of a physician ; car- 
 rying fire arms or other deadly weapons, except in the company 
 of a white person at least sixteen years of age, or else about the 
 business of the master or employer; purchasing fn»m or selling 
 to other slaves any article or thing Hot usually manufactured or 
 sold by slaves, without a permit from his master or employer; 
 aiding or assisting in any manner in liringing into the State or 
 circulating any insurrectionary document of any kind whatever; 
 teaching other slaves or free persons of color to read or write ; 
 indecent or disorderly conduct in the presence and to the annoy- 
 ance of free white persons ; insolent or improper language to a 
 white person. 
 
 Offences ly §4710. Tlic following shall be ofl'ences when committed by 
 
 free negroes. , /• i • ir • i» i • i j 
 
 tree persons of eoior, viz; \ agrancy ; using false weights and 
 measures; immigrating into the State in violation of its hiws; 
 violating (juarantine ; inveigling and eiitieing away any slave or 
 slaves, for the purpose and with the intention to assist in the es- 
 cape of such slave to another State ; and failing to register their 
 names as required by law. 
 ruui&huicnt §4717. The punishment o\' a free person of eolor foriminigra- 
 
 for immisrra- . . i • c^ • • ^ • «..i ini i» 
 
 tin? into this tiniT luto tliis State, in Violation of its laws, shall be sale into per- 
 
 Stato. ^ . . ' 
 
 petual bondage — to be had on conviction under the direction of 
 the court — the proceeds to be paid into the Educational Fund of 
 the county. Five years quiet residence shall bar an indictment, 
 ©iscrcuona- §471S. The punislinient for all other offences specified in this 
 ment. ^ article shall be in the discretion of the court before which the trial 
 is had. It shall not extend to life, limb or health, nor be cruel 
 in itv< nature, but shall be proportioned to the ofltencc. keeping 
 
PT. 4.— TIT. 3.— CHAP. 1.— Penal Code for Slaves. 921 
 
 Article 3. — Offences not Capital. 
 
 m view the principles of humanity, and have lor its chief object 
 the deterring of the offender and all others from a repetition of 
 the offence. The court may order free persons of color hired to 
 the highest l)idder in order to raise money to pay any fine (not 
 exceeding three hundred dollars,) which may be imposed by the 
 '•ourt. 
 
 ARTICLE 1\. 
 
 TRIM, .OF OFFHNCKS 
 
 J^ECTiON. Section-. 
 
 4719. Capital offences— trial of. 47lM. Trial ol minor o'Veiices. 
 
 4720. Invc.«tifratino- court — duty of. 472j. Sentence. 
 
 4721. ProceedingP. i 4720. Jailor's duty. 
 
 4722. Attendance of witnesses. 4727. Ccrliorari 
 
 ^I2?y. May bo recjiiircd to give bond. 472S. Discretion of Judge. 
 
 §471'.). All capital oft'ence.s, or oft'ences which may be capital, capital of- 
 bhall be tried before the Superior Court of the county where the wT'"'"* 
 <»ffenco was committed. All other (lifencos shiill be tried by the 
 f-pecial eouri hereinafter provided. 
 
 § 4720. If it appears to the investigating court that the offence Duty of in- 
 rnay be capital, the prisoner shall be committed to the common courr""^ 
 jail of tlie county, or some secure jail, (unless the Justices see 
 proper to receive bail from the master or guardian,) and the 
 Justices shall send the papers to the Clerk of the Superior Court 
 to be delivered to the Solicitor General. The grand jury may 
 indict or present. h(»\vever. without this ]>i'cliiuinary investiga- 
 tion. 
 
 §47l'1. The proceedings on trials in the Superior Court shall Vroecciinsa. 
 be the SHHie as in other criminal cases, except so for as modified 
 liy this Code. 
 
 §4722. Whenever ;i slave is a witness in any cause, the court witnesses 
 trying the canse, or the Clerk, previous to the'trial, may issue aSd."'*^'" 
 Bubpcena directed to the master or employer, or person having 
 control of such slave, requiring him to produce the slave at the 
 time and place of trial to testify in the cause : and on failure to 
 comply with such subpoMia the court may order the arrest of 
 jBUch slave, in addition tu attaching for contempt the person fail- 
 ing to comply with the subpcena. 
 
 § 4723. If a slave is a material witness in a capital case, the iiond may 
 investigating court may require the master or employer of the ''^ '"*''''*"'*• 
 
9^^ PT. 4.— TIT. 3.— OllAl'. 1. -Penal Code j-ok Slaves. 
 
 Article 4. — Trial of Ofl'ences. 
 
 slave to give bond for liis appearance to testify in the Superior 
 Court, and on failure to give such bund, tlie court niuv order 
 such witness to ])e imprisoned until the court sits. 
 
 Tmi of ml- §4724. Over all minor offences, anv three or more Justices of 
 the J eace oi the county where the alleged otience was commit- 
 ted, or the ]\[ayor, or Uc(.-urder. or Intendent of any incorporated 
 city or town in which tlje offence was committed, shall have ju- 
 risdiction. Any one of them on complaint made on oath, or iu- 
 forjnation officially given, m.iy issue a warrant for the arrest of 
 the slave or free person of color charged with the offence, and 
 the subse<iuent proceedings shall be the >aiiio as in ordinary 
 courts of in(]uiry. 
 
 iixteutioL ur §4725. The judgment or sentence of the court shiili be exo* 
 
 wnteiK'n. i.xii(i(\ by the Coustablc or Marshal, <>r ;»ny other i)cr>on -pecially 
 design:itcd by the court. 
 
 jki.t,rsjHt.y. §472<>. The jailor shall recei\(' iiM(i sutely kc('|> :iiiy j>ri~oner- 
 under execution, in accordance with the de<;ision of tin- court. 
 The jailor's fees and all the cost> of trials shall l)c paid by the 
 owner of the slave, or the guardian of the free perscjn of color, 
 if the latter refuses to ])ay such co.-tf-. the free person of color 
 may be hired out until the money is raised for such ]»uri»oses. 
 
 urf.*/iir/. §'^"-<'- If either the prosecutor or owner of the slave or hi-: 
 agent, or guardian of the freeman, shall be dissatisfied with any 
 decision, judgment, or sentence <jf tiie c«»urt trying a minor of- 
 fence, he may ffle written exceptions to such decision, judgment 
 or sentence, which, if true, shall ]>e allowed and signed by the 
 court, and when such exceptions arc iiled and allowed, the court 
 shall postpone the execution of the sentence for ten days, to ab 
 low the party to apply to the Judge of the Superior ('ourt fora- 
 writ of certiorari. If the writ is granted, the sentence shall be 
 susi)en(led till final judgment on such writ, and a new trial, if" 
 granted, may be had before the same or other Justices. In the 
 meantime, the owner or guardian shall give bond and security for 
 the forthcoming of the prisoner, or he shall be committed to jail. 
 
 •uwri'tiuu §4728. On hearing such writs of ctrtiorari, the Judge of the- 
 "" ^' Superior Court may either grant a new trial or else pass sueb 
 judgments or sentence, as, in view of the whole case, is consistent- 
 with justice and tlie ])rincij3les of this Code. 
 
PT. 4.— TIT. 3.— CHAP. 1.— Penal Code fok Slaves. 928 
 
 Article 5 — Bail — when Allowed. 
 
 AETICLE V. 
 
 BAIL— WHEN ALLOW EI.I. 
 
 Skctiox. Sectoix. 
 
 4729. Bail after couunitment. j 4730. Bail pending cerUordri. 
 
 §4729. When any slave, charged with the commission of anyi»aUbyA«» 
 wtfence aginst the laws of this State may be committed tOt^m^T^"" 
 jail, the owner of said slave, his agent or attorney, may sue out 
 before the Judge of the Superior Court, or any Justice of the 
 Inferior Court of the county where such oftence was committed, 
 the writ of habeas corpus for such slave or slaves ; and on the 
 return of sudi writ of haheas corpus, as now directed by law, such 
 Judge of the Superior Court, or the Justices of the Inferior Court 
 presiding on the return of the vrrit of habeas corpus, may, in 
 their discretion, admit such slave or slaves to bail, in a sum not 
 less than double the value of such slave or slaves ; Provided, 
 such Judge or Justices shall be of the opinion that if such of- 
 fence or violation had been committed by a white person, it would 
 be bailable, and not otherwise. 
 
 §4730. In all cases where a slave or free person of color, isjjaUpandia^ 
 charged with an offence not punishable by loss of life or limb, ^'^<*''*^- 
 and in all eases where the sentence of the Magistrates trying a slave, 
 •r free person of color, for any offence, does not extend to loss of 
 life or limb, and a certiorari has been procured to such sentence, 
 it shall be lawful for the owner, agent, employer, or guardian of 
 such slave or free person of color to bail, such slave or free person 
 i)f color, by giving a bail bond, in the usual form, with sufficient 
 securities, in a sum equal to twice the value of such slave or free 
 person of color, to the Magistrates issuing the warrant against 
 such slave or free person of color ; who is hereby required, when 
 such bond and security is given, to discharge such slave or free? 
 person of color from imprisonment. 
 
APPENDIX. 
 
 LAWS HAVING PtEFERKNCE TO THE CITY OF SAVANNAH. 
 
 The city of Savannah. 
 
 Corporation and jurisdictional limits. 
 
 Powers and rights of the corporation. 
 
 Special powers of the ]\Iayor and City Council. 
 
 Police Court of Savannah. 
 
 Organization of city government. 
 
 Fire department of Savannah. 
 
 Collection of rents — recovery of possession, &g. 
 
 Cemeteries in and near Savannah. 
 
 Citv court of Savannah. 
 
 Aktici.e 
 
 1. 
 
 AbticlI': 
 
 2. 
 
 Akticlk 
 
 3. 
 
 AiiTicr-K 
 
 4. 
 
 Articli': 
 
 5. 
 
 Artici,i: 
 
 <>. 
 
 Aktici.I': 
 
 7. 
 
 Artici-e 
 
 8. 
 
 Article 
 
 0. 
 
 Artict,k 
 
 10. 
 
 AliTICLE I. 
 
 THE OITY OF SAVANNAH. 
 
 Hectiox. 
 473 L The city as a L-orporalion. 
 
 4732. Maj'or and Aldermen. 
 
 4733. Election of Major and Aldermen. 
 
 4734. In case of a tie. 
 
 4735. Organization after new election. 
 
 4736. Chairman shall be elected. 
 
 4737. Rules and regulations. 
 473S. Compensation of Mayor. 
 
 4739. Mayor and Aldermen — eligibility. 
 
 4740. Qualilicalion of voters. 
 
 ■ Section. 
 
 ! 4741. Election and hours of voting. 
 
 j 4742. Registry of voters. 
 
 4743. Manner of registering names. 
 I 4744. Clerk's duty. 
 j 4745. List of votes to be furnished. 
 I 4746. Oath to be administered to voters. 
 I 4747. Voting illegally. 
 I 4748. Creating riot. &c. 
 
 4749. Posse may bo called out. 
 
 §4731. The city of Savannah, as a corporation, shall continue f.fyi'^ onii^ 
 to exist under the"^narae and style of the Hay or and Aldermen of poL?on.^°'"' 
 the city of Savannah ; and by its corporate name may sue and 
 defend in any case where a natural person might. 
 
026 APPENDIX. — Laws ix kei-ekence to the Citv of Savannah. 
 
 Article 1. — The City of Savannah. 
 
 Mayor and §4732. TliG board of Major and Aldermen of said city shall 
 EieSa"^! consist of a Mayor and twelve Aldeniien, to be chosen by ballot 
 "^™''^'"^"' on the second Monday in October, annually, by votes of those 
 entitled to vote at such elections ; and the board of Mayor and 
 ^ ,^^ij,^.^ Aldermen sliall hold tlieir offices until their successors are dulv 
 elected and <|ualitied. A quorum for business shall consist of 
 seven Aldermen and tlie ^layor, or presidiuii" chairman, except 
 in the months of July, August, Sei>teml)er and Octoljer, when a 
 majoi'ity of the Aldermen in tlte city shall sutHce. 
 Mayor a:Ki ^ 473o. Tlic Mavor aud tlio Aldemieu shall be separately de- 
 hovvXctc^. signated on the ticket; and the candidate for Mayor receiving a 
 inajority of the votes for that office, sliall be declared elected ; 
 and the twelve wlio sliall receive the highest number of -f otes for 
 Aldermen shall constitute the board of Aldermen : Piutohfed, 
 that, should there be a failure to elect twelve Aldermen by reason 
 of several candidates receiving the same number of votes, then 
 in..f»..f. those elected shall proceed at their lirst meeting, and after their 
 '*"■ qualification, to elect the number necessary to constitute twelve, 
 
 out of such number as shall have received the equal number of 
 votes as aforesaid. 
 iBcaeeef » §4734. In case of a tie in the vote for Mayor, cr if there l>e 
 ?ie*"fo*-AT niore than two candidates for Mayor, and no candidate shall re- 
 'i*rmen. ceivc a majority of all tlie votes for that office, the board of Al- 
 dermen, after having completed its own organization, shall elect 
 the ]\Iayor from among those who were candidates before the 
 people for the oflice of flavor ; and in case of a vacancy in the 
 office of Mayor, by death, resignation, or otherwise, the lioard of 
 Aldermen shall elect from their own body a Mayor for the resi- 
 hnwftnp7 due of the term ; and, in case of a vacancy in the office of Al- 
 derman, from any cause, it shall be lawful for the board to till 
 the vacancy, the person chosen having a majority of the votes of 
 Aldermen ])resent. 
 Nevriycic.i- §4735. Tlic ucwly elected Mayor and Aldermen shall meet on 
 an^Afckr- ^^^^ ^^'^^ Mouday after their election, for orj^anization ; and each 
 rnon— or- Aldcrman shall take the following oath: '* I do solemnly swear 
 an.ioat'h!" (or affirm) that I will faithfully execute the duties of an Alder- 
 man of the city of Savannnh. according to the laws of the State 
 and the ordinances of the city, to the best of my ability and un- 
 derstanding." The same oath shall be taken by the Mayor, sub- 
 stituting the word "Mayor " for '* an Alderman.*" 
 A ciiainiun § 4730. Whcu Organized according to law, the board shall elect 
 *i'(fcted' '^ chairman, who shall, in case of the absence, death or resigna- 
 tion of the Mayor, be vested with all his power and authority, 
 and execute all the duties pertaining to the office ; and, in the 
 absence of both, a chairman j>r(> ^e';/?^>^/v\ chosen by the board, 
 shall have the like power and authority. 
 UaiMand § 4737. The Mayor and Aldermen shall have power, from time 
 wgui.tionf. to tii^ie, to adopt all rules and regulations for their own govern- 
 ment, and the orderly dispatch of business. 
 
APPEXDIX. — Laws ix kkfekenck to uii: Cmy of Savannah. 0'27 
 
 \n\c\e 1. — The Citj- oC t^.ivaimah. 
 
 §i738. ThcMayursballreceivesiic.il salary or compeiitiation componM- 
 ;tbr his services, payaMc out of the City Treasury, as the City ,\r.'"'*'^'''" 
 •T'ouncil may determine. 
 
 §4739. Xo person shall he eligihle to the office ol" ]\Iayor or '"•.''j^'Waty 
 Alderman ol* Savannah, who is not. at the time of election, acit-Hn.i amTi- 
 izen of the Confederate States, and t-hall not have resided in the'"'""" 
 State of (ieorgia for one year imiricdiatcly [.receding' the elec- 
 tion, and continued to do s6upto the time of election, and within 
 the corporate limits ol' Savannah, at least six months immedi- 
 iitely preceding the election ; and who shall not have paid all 
 ^•ity taxes, or have, in hi-> own I'ight. ^utlicient real e;-tate to sat- 
 isfy all such taxes. 
 
 §4740. All j^ersons shall ho (pialilied to vote at eleclions for •^I'^i'fi''''^^"' 
 Mayor and Aldermen of the city of Savjinnah. who are citizens"' " '^ 
 of the Confederate States, have resided in this State f(»r one year 
 /'nimediately preceding the election, and continued to do so up 
 to the time of election, and within the corporate limits of Sav- 
 lannali for one month immediately preceding their regi.^tration, 
 ^nd four mojtths before the election, who have attained the age 
 •of twenty-one years, and have paid all city taxes, or have, in their 
 .own right, sutticient real estate to satisty any tax executions 
 which may be issued against them ; who shall have made all re- 
 turns re(piired by the ordinances of the city, and have been regis- 
 tered according to law. 
 
 §4741. Elections for Mayor and Aldermen of Savannah shall Rieotion*- 
 i)C held at the court-house in said city, between the hours of seven "^'^"♦'"^'* 
 in the morning and six in the afternoon, under the snperinten- 
 <lence of the Justices of the Inferior Court of C-hatham county, 
 and the Justices of the Peace in said city, or any three or more 
 of them; but no person holding an office of protit or emolument 
 under the corporation of Savaniiah, shall be competent to pre- 
 side ; and it shall be the duty of the presiding aMagistrates to 
 certify the result of all such elections, on tally sheets for tha 
 purpose to be made out. which tally sheets shall be delivered to 
 the Mayor, or Clerk of Council, three days before the lirst meet- 
 ing of the board elect. 
 
 §4742. The Clerk of the Common Council of the city of Sav- Ko.fM.y • 
 :annah, and, in case of his sickness or absence, any officer dulv'""'" 
 ■elected and appointed by tlie Mayor and Aldermen, or a major- 
 ity of them, i;»r that ]>ur[)ose, shall o])en a list for the regi.^tration 
 of voters on the lii-st Moiulay in January of each and every year, 
 which list shall be kept open until two'o'clock in the afternoon 
 ■of the first Monday in Sei»rember ensuing, when it shall be fiimllv 
 -md absolutely closed. 
 
 §474?). It shall be the duty (»f such clerk or officer, upon the Mam,,-.- ..f 
 application, in person, and not by proxy, of any i)erson entitled ;;';"d'^,\?;"i;:f,,. 
 •to vote as aforesaid, within the time jirescribedfor the list to be ij;;" "^ i^'^'- 
 liept oi>en. to registei- the name of such person, expressing in such '""' 
 registry his name, ago, ocou]>ation or lousiness, and the place of 
 
928 APPENDIX. — Laws in keference to the City of Savannah. 
 
 Article 1. — The City of Savannah. 
 
 Applicant 
 iiuy bo 
 sworn. 
 
 Uutv of tlu- 
 Clerk. 
 
 .\ list of the 
 imiaes reg- 
 istered to bo 
 furnished 
 iMttTiagors. 
 
 Oath of vo 
 ters. 
 
 his residence in the city of Savannah, which shall be entered by 
 the clerk or officer on said list, op]X)site the name of each appli- 
 cant — the applicant first payino; to the Clerk of Council, or 
 other officer as aforesaid, for the City Treasnr}^, the sum of one 
 dollar, which shall be in lien of the poll tax now paid ; but no 
 person shall be entitletl to re«:;istry, when his continued residence 
 within the State (tannot be one year, and within the corporate 
 limits four months, immediately precedini;^ tlie election. The 
 Clerk may, in any case, administer an oath to the applicant, 
 touchinji^ liis right to be registered, 
 
 §474Jr. It shall be the duty of said clerk, or other- officer, to 
 arrange and publisli a list of the names so registered in alphabet- 
 ical order, in one of the gazettes in the city of Savannah, at least 
 once a month from the first ^londay in January to the Tuesday 
 after the first Monday in October in every year, and to affix and 
 keep an alphabetical printed list of the names of all registered 
 voters at the door of the court-house and the Exchange in Sav- 
 annah, for one week from the Tuesday after the first ]\Ionday in 
 October of every year; l>ut, in said list, it shall not be necessary 
 for said clerk to publish the age, business, or place of residence, 
 of such voter. 
 
 §474.5. It shall be the duty of the Clerk of Council to furnish 
 to the Magistrates presiding at the election of Mayor and Al- 
 dermen of Savannah, at the opening of the polls on the day of 
 said election, a complete list of all the names, arranged in alpha- 
 betical order, which shall have been registered according to the 
 foregoing ])rovisions, together with the age, occupation, or busi- 
 ness, and place of residence in Savannah, of every person whose 
 name is so registered at the time of such registration, certified 
 under the hand of said clerk, and the corporate seal of Savan- 
 nah, wich list shall be kept before the presiding Magistrates du- 
 ring such election : and. when said election is over, it shall be 
 deposited in the office of said Clerk of Council, to be safely kept 
 by him. 
 
 §474<'>. The presiding ^Magistrates shall be authorized to ad- 
 minister the following oath to any person attempting to vote : 
 •* Von do solemnly swear that you are a citizen of the Confederate 
 States : that you have resided in the State of (reorgia for one 
 year, immediately preceding this election, and within the corpo- 
 rate limits of the city of Savaimah, for the last four months ; 
 that you are twenty-one years of age ; that you have paid all 
 taxes" due the city of Savannah, or have, in your own right, suf- 
 ficient real estate to satisfy any executions against you; that you 
 have made all returns re([uire*d by the ordinances of the city ; 
 that yon have been duly registered within the time prescribed 
 by law, and that you have not yet voted this day. So help you 
 God." Any person conscientiously opposed to taking an oath, 
 mav affirm to the same tenor. 
 
APPENDIX. — Laws in kefkkence to tuk City of Savannah. 
 
 Article 1.— The City of Savannah. 
 
 §4747. Any person voting, or attempting to voteatsucL dec- ijiegai to- 
 tion, not qualilied to vote, shall be gnilty of a misdemeanor, and, '"'^' 
 un convictit)n Viefore tlie Superior Court of Chatham county, 
 sihall be punished by line or imprisonment, or both, at the dis- 
 cretion of the court. 
 
 §4748. The presiding Magistrates, or any one of them, si i all May be com- 
 be authorized to commit, instanter, to the common jail, any un-™"^''*° 
 qualilied person offering or attempting to vote as aforesaid, and 
 any })erson attempting to commit, or actually committing an act 
 of violence, at or al>out the polls or place of election ; and any 
 person attempting to create, or actually creating a riot or distur- ^:''tf^'"fL* 
 bance at or about the })olls, or place of election, by verbal order tempun? ui 
 issued to any officer of the county or city, or by warrant under ^'"'"' 
 his or their hand, addressed to all lawful officers of the county 
 and city, or to any private person specially named therein ; 
 P/'Ovi(IeJ, that any person so committed, sh.all be entitled to be 
 discharged or admitted to bail upon examination according to law, 
 at any time after ten o'clock on Tuesday after the second Monday 
 in October ; And provided, furfJicr, that no person committed 
 upon verbal order, as aforesaid, shall be detained in jail more 
 tlian twenty-four hours, unless a written detainer l»e lodged 
 against him. 
 
 § 4740. .Vny officer, upon the receipt of the verbal order, as Arre»t-by 
 aforesaid, or any officer or private person specially named, upon ^'^*"" ™**'*'' 
 the receipt of the warrant, as aforesaid, shall be authorized to re- 
 quire the assistance of a posse ; and any officer of the city or J:^®^;,'" '^ " 
 county refusing or neglecting to obey such verbal order or writ- 
 ten warrant, shall be guilty of a misdemeanor, and, on convic- 
 tion before the Superior Court of Chatham county, shall be pun- 
 ished by tine or imprisonment, or both, at the discretion of the 
 court ; and it shall be the duty of the Magistrate or Magistrates, 
 giving such order or issuing such warrant, to present the offend- . 
 ing officer to the grand jury of the Superior Court, at its ensu- 
 ins: term. 
 
 AKTICLE II. 
 
 (;uRr( HiATlO AND JURISDICTIONAL LfMITS. 
 
 Ssoriox. Skctiox. 
 
 4750. Corporate limits- of Savannah. : 4'? 5:?. Subjects of jurisdiciiou — appeal. 
 
 4751. Citizenship. 4754. Stores, shops and bar-rooms. 
 
 4752. .Turi.sdietioii. 
 
 § 4750. The corporate limits of tiie city of Savannah shall corporate 
 continue to be, and the same are hereby defined, as follows, to''""'yfSa- 
 wit : beginning at a point on the Western side of the mouth of^""" 
 Bilbo's canal, and running thence, in a direct line, to a granite 
 stone near the culvert on Thunderbolt road, and whicli stone 
 59 
 
930 APPENDIX. — Laws in keference to the Citv of Savannah. 
 
 Article 2. — Corporate and Jurisdictional Limits. 
 
 marks the line of the .present city limits, theuce along the North 
 side of Thunderbolt road, the West side of Water's road, 
 trhe North side of Lovers lane, and its line prolonged to the line 
 of Springfield plantation, thence along the boundary line of said 
 plantation to the bifurcation o^ the Augusta and Louisville 
 roads, and thence to « point on the river bank, ten chains AY est 
 of AVilliatii I>. (riles i^- Co's. mill, thence along the line ])rolong- 
 ed to Hutchinson's Island, thence along the shore of Hutchin- 
 son's Island to the eastern end of it, thence to the point of be- 
 ginning. 
 rit)>f.nfh)r.. ii47.'>l. All persons residing within saul defined limits shall be 
 entitled to the ])rivileges of citi/ccnship, under the same condi- 
 tions and restrictions as the residents of the wards already laid 
 out : and all persons and property within the said defined limits, 
 shall be subject to and bound by all the ordinances and regula- 
 tions of the Mayor and Aldermen of said city, now of force and 
 Prorixo. hereafter to be ordained and established : with this Provm), 
 nev('iih'li sK, that the said corp(»rate authitrities shall have no 
 power to tax any (»f the lands., or other property within said de- 
 fined limits, not new liable to taxation, except where the plan 
 of the city is now, or !^hall hereafter be regularly and bona jifh 
 extended over such limits, 
 .mriBdietion. §4752. The said Mayor and Aldermen shall have jurisdiction 
 over vessels and rafts lying in the river Savannah, between said 
 city and Tyl>ce. and their res]>ectivo crews; and all porters work- 
 ing on board such vessels, shall be subject to the ordinances of 
 said city in regard to badges, and to porters and laborers. 
 . J §4753. The iurisdictional limits of Savannah shall extend one 
 
 rtonai limits mile (>evond the abo\e defined corporate limits, so as to enable 
 ^* ^' the Mayor and Aldermen, by ordinance, to prohibit the cultiva- 
 tion office within said extended limits; and any per.-on ag- 
 Appe.'W ■ grieved by the action of Council in this respect, may appeal 
 from any such proceeding to the Superior Court of Chatham 
 county, the appeal to be tried by a special jury ; and the onh' 
 point in issue on such trial shall be : Is the cultivation of rice 
 in the place jirohibited injurious to the health of any portion of 
 the citizen^ or inhalntants of Savannah '. And if such issue shall 
 be determined in the negative, then the prohibition shall be null 
 and void, and not otherwise. 
 .TnrtsdicHon § 4754. The jurisdictional limits of said city shall extend two 
 " to^storcs. mil^s beyond the above defined corporate limits, so as to give to 
 ba?-^ma. Said Mayor and Aldermen the control and regulation of all 
 shops, stores and bar-rooms, and the sole regulation and power of 
 governing and directing taverns, and granting licences for re- 
 tailing li<iuors M'ithin such limits, and of preserving peace and 
 good order therein on the Sabbath, under such rules and regu- 
 lations, as from time to time mav be deemed advisable. 
 
APPENDIX. — La-ws in kefekence to the Cttt of SAXAmfAH. 981 
 
 Article 3. — Powers and Rights of the Corporation. 
 
 ARTICLE III. 
 
 POWKRR .\N-p ItlGirTS OF THK roilPOKATION 
 
 Section. 'Sectio.v. 
 
 4755. B\--jaws. [ 4<6T. Major and Aklermeu — powots. 
 
 475G. Taxation. -1768. Pavements and sidewalks. 
 
 4757. DebtP dne the city — dignity ol. j 4709. Exemptions of persons and prop'ty. 
 
 4758. Streets, wharve.s, lancp, <tc. 4770. Persons convicted — how punished. 
 
 4759. System of drainap:e. i 4771. E.\-emption3 from militia duty. 
 
 4760. Public marlvct. I 4772. Jail of Chatham conntv. 
 
 47G1. Jfay borrow money. 
 
 4762. May hold real and per:§ouai estate. 
 
 4763. Police ollicers — app'ntm'taud pav. 
 
 4764. Shops, taverns, bar rooms, ^;c 
 
 4765. Pains and penalties. 
 
 4766. P'ines — liow collected. 
 
 4773. Rules and regulations of the jail. 
 
 4774. Erection of jail. 
 
 4775. Jail fees. 
 
 4776. Ordinances continued. 
 
 4777. How ev)denc€'<l. 
 
 §4755. The Mayor uiul Aldcniieu of said city shall have M„y estab- 
 power and authoritv, from time to time, to make, ordain and I'^i^ ^r-'a^s- 
 establisli such by-laws, ordinances, rules and regulations as shall 
 appear to them requisite and iiccessary for the security, welfare 
 and convenience of the said city and its inhabitants, and for pre- 
 serving hcaltli, peace and good government within the limits of 
 the same. 
 
 §475t>. The V are also hereby vested with full power and an- 'I'axattoD. 
 tbority to make such a^BeBsmentb and lay such taxes on the in- 
 habitants of said citv, and those who hold taxable property 
 within the same, and those who transact or oli'er to transact 
 business tlicrein, ay said corporate authorities may deem expe- 
 dient for the safety, benefit, convenience and advantage of said 
 eity, and may enforce the payment of such assessments and taxes 
 in such inanner as said Mayor and Aldermen may prescribe. 
 Besides real and }>crsonal property, the said Mayor and Alder- 
 men may tax caj)itHl invested in said city, stocks in money cor- 
 porations, choscs in action ; income and commissions derived 
 from the pursuit of any profession, faculty, trade or calling; 
 dividends; bank, insurance, express, and other agencies; and all 
 other ]>roperty or sources of prolit not expressly prohibited or 
 exempt by State law or competent authority of the Confederate 
 States. 
 
 §4757. Taxes and assessments due to said citv shall rank as liantc of tax 
 debts due to the public, whetlier in the administration of the as- due the .jty. 
 sets of a decedent, or otherwise ; and tax executions m tVivor of 
 the city shall have the same lien on property throughout the 
 State as judgments have by law. 
 
 <^ 4758. They shall also have power and authority to widen, pottck or^v 
 extend or straighten any street, lane, way or square in saidtS^ 
 city; and to open, lay out and establish any new street, lane, '^'''''■''*'*'*'"~ 
 vray or square -within the limits of said city; to remove 
 
932 AFPE2SJ)1X. — Laws in keferenck to the CriY of Savannah. 
 
 Article 3. — Powers and RightB of tJie Corporation. 
 
 all nuisance^, and all encroachniciits by wharves, erections or 
 obstructions of any kind along the line of the river, or along or 
 upon any street, lane, way or place ; but whenever said Mayor 
 and Aldennen shall exercise the power to widen, extend or 
 Htraighten a street, lane, way or sqnare, or to open, lay out and 
 eHtabli^ll any new i-treot, lane, way or iinuare, to the injury of 
 private right, thov t-hall a])[>oint iive ireeholders, who shall assess 
 the damages sustained or the benefits or advantnges derived by 
 the owner or owners of the lot or lots fronting on said streets, 
 lanes, ways or squares so widened, extended, straightened. 
 opene<l, laid out or established, with ]»ower and authority to said 
 Mavor and Aldermen to enforce the award or decision ; but the 
 owner or owners of land alfected by such decision shall have the 
 right to appeal therefrom to a special jury in the Superior Court 
 of Chatham <'ounty, whose verdict in the premises shall be con- 
 clusive. 
 Ryeiem^f g 47r)i>. Tlic said j\[ayor aiid Aldermen shall also have power 
 di*i.n«.., ^^j establish a complete system of draimigc in and around said 
 city, for the health and comfort of its inhabitants; but in cases 
 where private ]>roj>crty may be taken, or private right be in- 
 jured for such }>urpo=e, the same proceedings for assessing and 
 payinir the damage incurred shall l)e had as are pointed out in 
 the foregoing section. 
 
 ^4T*'><i. They shall also have the complete control and man- 
 
 PubUo mar- ^ . , *' , ,. i . i .1 ..1 ^ 
 
 w«t agomcnt ot the jwesent public market, ami any other that may 
 
 be establi.-hed in said city, and the regulation of the same, and 
 of sales and purchases therein. 
 May b-.iTow ^4701. The Said Mavor Mud .Mdcrmen shall have j>ower to 
 ondioau bon'ow moucv and contract loans lor the public gctod andtosub- 
 scribe tor works ot internal improvemeiit which, in tlieir judg- 
 ment, may be to theintere-t of said city, and to issue bonds and 
 pledge the ]tro]terty, faith and credit of the city for the payment 
 of such subscriptions; ProvUhiL no subscription or outlay of 
 money .<hall be made for any such work out of the city, except 
 pmvIso. upon "the recommendation of a public meeting of the citizens of 
 JSavannah, called for the jturpose ; and all bonds heretofore is- 
 sued by said Aldermen and still outstanding are hereby declared 
 legal and valid. 
 Mayhoio § ■4702. The said city, in its corporate capacity, may hold real 
 real and per- and personal property, and may sell and dispose of all or any 
 sona^pio- pj^j-t; ,,t' t^l^^. domain, property, land, lots, or any personal pro- 
 perty to it belonging, from time to time, on such terms as to said 
 corporation shall seem expedient; but no street, lane, or thor- 
 oughfare, after having been dedicated to public uses, (including 
 all present dedications,) shall be aliened by said corjjoration, ex- 
 cept bv authority of the General Assembly, All rights of pro- 
 perty existing in said corporation at the adoption of this Code, 
 are hereby expressly reserved to it. 
 
API'ENDIX. L.UVS IN REFERENCE TO THE CiTY OF SaVANNAII. 933 
 
 Article 3. — Powers and Rights of the Corporation. 
 
 §4763, The fiaid Major and Aldermen eh-Al have power to poI'c* «>ffi- 
 appoint all such officers under them as they may deem proper JTo'uiu^t 
 for the police and g*x>d government of f^aid city, and to make all ""'*''*''• 
 such rules and regulations for the government and compensation 
 of such officers as said Mayor and Aldermen may deem ])roper. 
 Besides commissioners of pilotage, they may also apjwint the 
 harbor master, vendue master, port wardens, health oiiicers, in- 
 spectors of every sort, gaugers and measurers, and hx their du- 
 ties and compensation : but all appointments to office, under 
 said Mayor and Aldermen, existing at the ado])tion of this Code, 
 shall continue until the incumbents of said offices respectively 
 shall be su])erceded by expiration of the term of the same res- 
 pectively, or by resignation, or liy authority of law, or by ordi- 
 nance of naid city, for incapacity or im])roper conduct, when said 
 Mayor and Aklermen are not, by this Code or by other statutory 
 enactments. <'r by the C'onstitution of this State, ]>revented froni 
 declaring a vacancy. 
 
 ^47H4. The said Mayor and Aldermen shall have the control shops, tav- 
 and regulation of all shops, taverns, stores and bar rooms within aJj^Vr'*"'* 
 the corporate and jurisdictional limits of said city and the regu-'""^'"^ 
 lation of tavern licenses and licenses to retail liquor,- within the 
 ?atne ; and also the }>ower to regulate the conduct of peddlers 
 and itinerant tradei's within the same limits, by taxation or other- 
 wise. They thall also have the power to j)ass all ordinances, 
 rules and regulations proper or necessary for the government of slaves and 
 slaves snd free person of color within the city and its juried ic-^"',!^,^'*""' 
 tional limits. 
 
 §4765. Tliey ^]^ali have power and authority to impose and I'aine an* 
 inflict such painr-, ]>enalties and fm'feitures for violations of the''""""'*'** 
 by-laws or ordinances of the city as shall, in their judgment, be 
 conducive to the good order and government of said (dty ; Pi'o- 
 videdy that no line or forfeiture, for one individual oilenee, shall 
 exceed one hundred <lollars, and no imju'isonment shall be for 
 more than tliirty day^ ; although, the said Mayor and Aldermen 
 may impose and inliict several and distinct fines and imprison- 
 ments, at the ^ame meeting of Council, for several and distinct 
 offences. 
 
 §476(). Fines, penalties and forfeiture!- shall be levied by Fines and 
 warrant or execution of distress, and sale of the olfender's goods {If, wwUm^- 
 and chattels, if any to be found ; otherwise, c»f lands and tcne-*"^^- 
 ments ; and, in case of no such property, then the defendant 
 may be imprisoned in the common jail, or made to do public siave «• free 
 work as hereinafter provided ; and, in the case of slaves or free{^r'^°'^*^' 
 persons of color, corporal punishniient may be inflicted. 
 
 S 4707. The Mavor. or anv one Alderman, shall be vested with ^in/o»- and 
 toe power oi a -lustice ot the 1 eace, so as to enable Inm, witlnn vested with 
 the corporate and jurisdictional limits of the city, to suppress of*j.^^* 
 riots or brcafhes of the peace, arrest, confine, or bind over offen- 
 
934 APPENDIX, — L^ms in kkkekknck to the Ohy of 8ava2<naji. 
 
 Article 3. — Powers and Rights of tlie Corporation. 
 
 (lers ai2:aiTist the laws of the State, to answer for j^uch offences 
 before the |>ro[»cr tribunal. 
 I'av.jiuonta ,^ "ITOS. Said -ATayor and Aldermen .-hull have power to order 
 w^f*'^ such ])aveuiont.s and t-ide-walks, and i'ci»airs of the same, as they 
 may deem i)roi>er ; and, upon the failure of any person to com- 
 ply with such order within the time ]treHcribed, the said Mayor 
 and Aldermen may have the same done, and levy and collect 
 the expenses thereof, by execution airainst the lands and i^oods 
 and chattels of the owner of the lot, whether holdiui; the same 
 under lease-hold title I'rom the city, or ])y title otherwise <lerived. 
 Mayor, Ac, § 4701>. The Mavor and Aldcrmeu. during their continuance 
 Jn^dnty""^ ill office, shall be exempt from jury duty: and the Spriucrfield 
 plantation, and all other ]>roperty of the city now exempt from 
 taxation by the State, shall continue to bo so exempt. 
 Personecou- §4770. Tlicv sliall liavc powor to establi.-ih work-houses audi 
 fonwIUhow^''^''^^""*'^''^' and to cause labor and conlinetnent therein, and also 
 i«ini*bed. on the public streets, squares or lane.-, l>y persons whether white 
 or colored, convicted of offences airainst tlic ordinances of the 
 city, or laws of the State in relation to said city. 
 rcreoDs IN- §4771. The officers and jirivates »>f the l\»lice, or City Watch 
 ^j^tV.f7J"y (>f Savannah, shall be exempt froni the ])crformancc of militia 
 duty under the peace e.-tablishmoit of this State ; and they, and 
 the Euirineer and Assistant Kiii,'inecr of tlie Savannah water 
 works shall be exempt from jui-y duty, 
 •rhciaii of §4772, The jail of Chatham county shall conlinnc as hereto- 
 ohathatn Wn'o uudcr the direction, control and nuiuaizement of the Mayor 
 and Aldermen ot Savannah, wjth all the nixht- :ind duties ul 
 commissioners of the same, and with power to them to appoint 
 a jailor and other necessary officers, for a term not exceeding 
 three years ; wliicli said jailor and otlier officers shall respec- 
 tively jj^ive such bond, and be allowed sudi «-ompensation as the 
 Mayor and Aldermen shall by <>r<linance prescribe, and which 
 said jailor and other ttfficers shall bi- removable from office by 
 said ^[ayor and .Vldermen, fcir any misc«.ndiu't which -hall, in 
 their opinion, furnish sufficient (•aus.c. ', 
 
 B^ics aad § 4778. And said Mayor and Aldermen .-hall ha\ e j)uwer t»^ 
 J^'^ua"'^ l>ass all ordinances, resolutions, rules and reirnlations for tlie r^- 
 iiio.iaii. " ulation of the jail and the go\ernment <>f tlie jailor and other 
 otlicers. and all perstms contined within .-aid jail, as saiii Mayor 
 and Aldermen >hall tVom time to time deem j)roper, and as shall 
 not be repugnant to law ; and the jailor shall be answerable for 
 all escapes from such jail, to the same extent and in the same 
 manner as the Sheriff or other kee]ier of a jail may. by the i;en- 
 eral law, be. 
 Tj.w8for<h,. §4774. All laws of force for the ercetioji of any new jail b/ 
 B^a"*"^ the Justices of the Inferior Court of Chatham county, are here- 
 by continued in force : but such new jail, when erected, .-hall 
 become the jail of said county, under the direction, control and 
 management of said ^fayor and Aldermen, as in the j)receding; 
 
APPENDIX. — Laws in kkkekenck to the City ov Savanxau. 935 
 
 Article '^. — Powers and Rights of the Corporation. 
 
 section mentioned ; but the said jail shall be subject at all times 
 to the visits and inspection of said Justices, and of the grand in- 
 quests of the said county and city, who may report to the City 
 Council of said city any misconduct of the officers thereof, or 
 uvils existing therein, and recommend to said City Council any 
 mode of redress or remedy therefor. 
 
 §4775. Persons committed to said jail on other than civil pro-. )aiiiv,-. 
 ces8, or process from the corporate authorities of Savannah, shall 
 be a charge on the county from which the i)risoner may be sent; . 
 and said city authorities may demand periodical settlements from 
 such county for the fees accruing for such prisoner ; and in case 
 the Inferior Court of any such county shall refuse to make peri- 
 odical settlements or payments, it shall be lawful for the Superior 
 Court of such county, by mandamus or other process, on the ap- 
 plication of said corporation of Savannah, or the jailor, to 
 compel .-^uch settlement and payment. 
 
 §i77(i. All ordinances of said city existing at the time of the ordinances 
 adoption oi' this Code, and not repugnant thereto, shall be off^^e.'"'^'^^ 
 full force and eifcct until the same be altered, modified or re- 
 pealed by the Mayor and Aldermen of said city. 
 
 §4777. All ordinances, by-laws, rules and regulations of said ordinances 
 city, published by authority of said Mayor and Aldermen, and 1,^,^^^^^*''"" 
 promulgcd as such l)y said authority, sliall be evidence in all the <^'^°'''''i- 
 courts of this State to the same extent that laws of the State, as 
 published by authority, shall be evidence of such laws ; and 
 when, in any case, an exemplilication of any such ordinance, 
 by-law, rule or regulation, minute of Council, or any paper of 
 tile in any of the departments of the government of ^aid city 
 may be required, the same may be autlienticated under the offi- 
 cial signature of tne -Mayor, or acting .^fayor, and the seal of 
 said city. 
 
 ARTICLE 1\'. 
 
 SPEcrAi. rowKHs ok thk mayoj; and cnv corxciL. 
 
 ShCTIOX. ShXTIO--. 
 
 4778. Special powens uf Mayor. Hso. .XLiisaiKvs— how ubaied. 
 
 4Ti9. Ordinances and Police remilalions. 1781. Colored seamen, slaves, paupers. 
 
 §4778. The ^Mayor of the city of Savannali, for the Umv be- »pt<ii^ pow- 
 ing, and. during his absence or inability to discharge his orfieial'*"''^'^^*""- 
 duties, the Chairman of Council, or sucli other officer as may by 
 law% or ordinance, or vote, or rule of Council, of the said city, 
 be at such times his substitute, shall ha\e full power and author- 
 ity to issue warrants for the arrest of all persons charged, upon 
 affidavit before such officer or other lawful magistrate, with hav- 
 ing committed, within the limits of the city of Savannah, ollences 
 against any penal law of this State ; and to take the examina- 
 
936 APPENDIX. — Laws? l^ reference to the OriT of !Saa annah. 
 
 Article 4. — Special Powers of the Mayor and Citv Couucil. 
 
 tiou of such person!^, and the same to discharge or commit to 
 prison, or let to bail, according to law, to answer such charge 
 before the proper court having jurisdiction of the same, in the 
 game manner as Justices of the Peace of the several counties of 
 the State now or hereafter may have by law : and to issue such 
 warrant according to law, to be executed within the jurisdic- 
 tional limits of Savannah; all which warrants may be executed 
 by the ]\Iar^hal or Deputy Marshal, or any Con>table of said 
 city, and Ijc I'eturned before said Mjjyor, or his teTn]»orarv official 
 substitute, as aforesaid. And the said Mayor or substitute as 
 aforesaid, may, by warrant issued on affidavit as aforesaid, cause 
 suspected places to be entered, in as full and ample a maimer a^ 
 any other Magistrate of this State may, with a view to the de- 
 tection and ])rcvoiition. or ])unishment of «>ftences. within said 
 jnrisdicti«»nal limits, against the law> of this State, or the ordi- 
 nances of said city. 
 OHJnancps 4770. Tlic ^lavor and Aldermen of .-aid city shall have full 
 r«gn^(Sk power and authority to pass all such ordinances and establish 
 such police regulations, not rejmgnant t<i the conhtitution and 
 laws of this State, as in their judguietit and discn-tion may be 
 deemed best calculated to suj)j>res>. within the j\>risdictional 
 limits of said city, the ])ractice of illicit trading with slaves and 
 free persons of color, and receiving stolen goods from them, and 
 furnishing spiritiious liquors to slaves, and of affixing and enfor- 
 cing such penalties tor the violation of >uch ordinances and po- 
 lice regulation> ;is ^aid Mayor and Aldermen .-hall deem ]»ropor, 
 and as shall not be inconsistent with such constitution. 
 NntBttnec*^- ^4780. Tlu' siiid Mavor aud Aldermen shall have jtower, by 
 how »t««*<i- ordinance, resolution, or order of CVumcil, to cau.-e to be abated 
 within the jurisdictional limits of said city, any nuisance which 
 may tend to the imme<1iate annoyance of the citizens, in general, 
 may be manifestly injurious to the ]>ublic health or safety, or 
 tend greatly to corrupt the mallner^ and uloral^ of the ]>eople, 
 or any considerable ]»art thereof: whether the nuir^ance be such 
 at common law or by statute ot this State, or by ordinance of 
 said city ])assed in conformity with law : and to enforce the 
 order for altatement and removal of such nui?an<-e by the Mar- 
 shal and other civil force of said city. And said Mayor and Al- 
 dermen shall have full power and authority to establish such 
 *|^^'^*^^*j'^^ system of quarantine and make such sanitary regulations any- 
 "NfnJ^^tionr*. ^vhere on the Savaimah river, or elsewhere in Chatham county, 
 a*, may in their judgment be proper to prevent the spread of 
 contagious or infectious disease in said city. 
 Colored §4781. Said Mayor and Aldermen ^hall have full power and 
 
 authority to ]>as.- all ordinances and make all such rules and reg- 
 ulations as may, in their judgment, be jiroper to prevent free 
 colored seamen arriving in the river Savannah, or any of its wa- 
 ters, from communicating with the shore or the slaves and free 
 persons of color in the State; and alsi> to prevent the intlux or 
 
 m»BKSTL 
 
APPENDIX. — Laws in kefekexce to the Crnr of Savannah. 937 
 
 Article 4. — Special Powera of the Mayor and City Council. 
 
 immigration of paupers into said city; and nothing in the gene- t>iaT<.6 ftn<i 
 ral kwR of the State shall ever be considered in derogation of ^*"'*^"" 
 the powers hereby conferred upon f-aid city authoritiefi on said 
 f-nbjects ; and any and every ordinance of t^aid city now existing j.j,^,„g ^ 
 in relation to the influx of paupers therein shall be considered as^nanc««^ 
 hereby confinned. 
 
 ARTICF.K V. 
 
 POLICE rorKT OF SAVAMKAH. 
 
 Sbctio.v. StCTlOV. 
 
 4782. Se:»pion? and jurisdiction. ITS;?. Offiiv^ra may coUo'-t c<>«t-. 
 
 §-1782. The Police Court of said city is hereby continued apoHcoCom-t 
 court of record, and the Mayor or acting Mayor is hereby aa-^~°5**^ 
 thorized to preside in said court, and to hold sessions thereof as 
 often as to him may appear tc* be nece.-sary. Said Court shall fn^Si"^ 
 have cognizance of all oflence.s against the ordinances of said" 
 city, and the laws of this State touching said city, with power 
 to inflict the proper punishment by line and imprisonment, or 
 other penalty y>rescril>ed by such laws and ordinances from time 
 to time, and to enforce the same by mittimus, directed to the 
 Marshal of said city or any lawful Constable thereof, and to the 
 jailor of Chatham county, when necessary ; and said court shall 
 have power to commit to jail any and all person and persons 
 who may distm-b said court during its sittings, or who may in any 
 manner be in contempt of its lawful authority ; but an appeal 
 may be entered or taken from any judgment or decision of said^^''^^^^ 
 court (except a commitment for contempt,") to the Mayor and 
 Aldermen of said city, in Council assembled, all costs being first 
 paid and bond given to abide the decision of said Council, and 
 no certiorari shall ever be allowed or granted until such is en-p^n*^"!! 
 tered and the same is heard and determined by Council ; and on^'"^"- 
 the conflrniation by Council of the decision or judgment of said 
 Police ( 'Ourt, in whole or in part, no certiorari shall be allowed 
 Tmtil the tine inilicted or confirmed by Council, and all costs, 
 fib all be Y»aid into the Treasury of said city. 
 
 §4783. The Clerk of Council, the Marshal of said city, audofficeni of 
 the officers and members of the Police of said city, who are niay*«.ii^ot 
 hereby declared to be ex ojjicio Constable* o\' said city, shall be ^'"^*- 
 officers of said Police Court ; and tlicy are hereby authorized to 
 demand and receive, for services rendered or duties performed in 
 said court, such fees and costs for themselves, to be collect^^d out 
 of the dcfcnd;ints, as may bo «>stalilished by ordinance of said 
 citv. 
 
938 APPENDIX. — Lx^ws ln kkikkekce to tjik Oitv of Savamnau. 
 Article 6. — Organization of the City Government. 
 
 ARTICLE \'l. 
 
 olKiANlZA'l'lOX OF rAT\ ' iuVKRNMKNT. 
 Section ITS 4. Orjranization of Oily <Joveniinpiii. 
 
 oig-ai.ixatioii § 47Stt. The orgaiii/atioii of the C'ity (toverntneut of Savari- 
 goT^rmn'/ut. nail, as existing at the time of the adoption of this Code, shall 
 
 continue until BUj)ereedod nr niodiiii^d in (•c»nfonnity with the 
 
 provisions of said Code. 
 
 .VPtTlCLE VII. 
 
 KlIiK DKl'ARTMKXT (»F .-AV ANN All. 
 
 1785. Sav:iiiu;th Firt" Couipiiny. 
 
 47 8G. May purchase and liold j.)roi»«rty. 
 
 Sr.criox. 
 
 , 4787. Klet'tion ami duty ol (.'lllcvrs. 
 i 4788. Other oornpanios may be cstib'd 
 
 i»>ii<; com- ^4785. The corporation known ab tlie " Savannah Fire Com- 
 ffipuoces- pany," and their successors, shall continue to exist under said 
 sors. corporate name, and under that name to sue and be sued, plead 
 
 and be impleaded, answer and be answered to, in any and all the 
 courts of this State, and to have, exercise and enjoy all the pow- 
 ers granted to them not repugnant to the Constitution of the 
 Confederate States, and of this State. 
 
 § 4780. Said corporation shall continue invested with i>ower 
 to hold all funds and property now belonging to it, and such ad- 
 ditions to said funds or property a.^ may hereafter be made, and 
 to purchase and hold real and personal Cftate ; and also to re- 
 ceive all donations, legacies and bequeots which may be made to 
 it, to be held, used and enjoyed for the ])urpose6 following, that 
 is to say, that the rents, interests and protits of all such property 
 which said corporation may ])urchase or be interested in, and the 
 interest of all loans which it has made «>r shall makt3, shall be 
 used and applied to the j)urpose of relieving the distresses of its 
 members, and to and for no other use ur purpose whatsoever. 
 
 § 4787. Said corporation shall elect their otlicers in the man- 
 ner pointed out in the ordinances of the City Council of Savan- 
 nah, and nothing herein contained hhall be so construed as to 
 make said Eire Company independent oi' said City Council : but 
 I^^Bd^ntof that it shall continue to be subject to the same control of the 
 citycoun- ^j^^^^ Council as that l)ody has heretofore exercised over it. Said 
 Fire Company shall, on the lirst Monday in January, annually, 
 |;^^"'"^i^'" report to the City C^ouncil of Savannah what property they have 
 
 tii>t Monday t" J . , i S ^^i ' i 
 
 in January purcha.-^cd or oecome mterested in, what loans they nave 
 made, the state of their funds, what disbursements they have 
 made, and for what benevolent ]>urposes. 
 
 Uuy pui'- 
 •hase anil 
 buld pro- 
 ^rty. 
 
 bow ap(iru 
 
 May 
 
 •ffiiV 
 
 Mot iuilc- 
 
 uDUunlly. 
 
APPENDIX. — Laws in kkfkrexok to the City op Savannah. 93^ 
 
 Article 7. — Fire Department of Savannah. 
 
 §4788. The Mayor and Aldermen shall have pov/er to appoint Mavor aaji 
 puch officers and agents and make such rules and regulations forma/S 
 such appointments, and for the keeping up of an efficient force Hrecom^'^.- 
 for preventing and extinguishing fires in f«aid city, as the said"''-'' 
 Mayor and Aldermen shall deem expedient ; but nothing herein 
 contained shall be construed to repeal the charter of any fire 
 company now existing by law. 
 
 ARTICLE VIII. 
 
 ('(JLLHCTIOX OF IIKXTS, RECOVERY itF I'OSSESSIOX. ice. 
 
 yEorioN. Section. 
 
 4789. Di.strff*:j for rent. 4792. DiBpossossing tenant. 
 
 4700. Claim to property liisirained. 479.'{. Warrant, how obtained— defences. 
 
 4791. Lien of distress warrant-i. 4794. Contracts for rent bear interest. 
 
 § 4789. Kent due by any person or j^ersons, for lands or tene- Kent-dis- 
 ments lying within the city of Savannah or the precincts thereof/""*^*^*""- 
 may be recovered by distress warrant, issuing on the affidavit of 
 the person claiming the same, his agent or attorney at law, or in 5''^^*- 
 fact, for the sum claijned to be due. If such sum, exclusive of ^"honTdf-*' 
 interest, do not exceed fifty dollars, such affidavit must be made'"'''^'^'^- 
 before a Justice of the Peace, and the warrant be issued bv such 
 Justice, and be directed to and executed by any lawful Constable ^^^i^.^rtis^. 
 of the county and levied on any property of the defendant ; and^nenfaifii' 
 the advertisement and sale shall be as in other cases of sale "'^^' 
 under execution. If the rent shall exceed fifty dollars, besides k renter.- 
 interest, the affidavit must be made before the Judge of the Su- <"^^*^» ^*^ 
 perior Court or Judge of the City Court of Savannah, or any of ''""'"' 
 the Justices of the Inferior Court of Chatham county, who shall 
 issue a warrant authorizing the Sheriff of the City Court of Sa- 
 vannah, or any lawful Constable of said city, to distrain on any 
 property belonging to the defendant, and to advertise and sell 
 the same as in cases of execution on judgment : but in every 
 case of^ levy under this section a replevy shall be allowed, when 
 the defendant or his agent shall make oath that the rent claimed, J-^pi'"'^- 
 or some part thereol', is not due, and shall give security for the ""^"^ "' 
 eventual condemnation money; and in that case the levying of- 
 ficer shall return the papers to the court having jurisdiction,'"aTid 
 the issue thus tendered shall be there tried and determined bv a "'''"'"' ^'"'^ 
 jury, as in cases of claim ; and in case of verdict for the plaintift", *''"'^' 
 judgment shall be cjitercd up and execution issued against prin- 
 cipal and security, us In cases of appeal. 
 
 §4790. When property distrained shall be claimed bv a third ciaimt» 
 person, tlie claim shall be on oath of such person, or his agent, po^l^'^ 
 and shall be put in, returned and determined, as in other cases 
 of claim. 
 
(?40 APPENDIX. — Lam'8 IX referenck to the City of Savannvii. 
 Article 8. — Collection of Eents, Recovery of Posseasion, &c. 
 
 Menofdifi- §4791. No preference shall be pjivcn to persons distraining for 
 
 firesBwsr- j.gj^t^ ^]iej.(. there is a judgment apiinst the person or ])roperty 
 
 FO distrained ; but the lien of such distress warrant shall be the 
 
 same as the lien oi' a judgment on the property of the defendant. 
 
 Teicntfai. §4792. WhcTe auv pcrsou leasiug or renting any lot or lots, 
 
 M^d*eSvrr tcncment or tenements, within the city of Savannah, shall fail to 
 
 p<>«*6«ioj> pay the rent when the same shall become due, and shall refuse 
 
 i^w>«*<!.^ to deliver possession to the lessor, at the expiration of his lease 
 
 f y\ or contract for rent, the Judge of the Superior Court, or any one 
 
 / j. of the Justices of the Inferior Court ot Chatham county, or the 
 
 y^ / Judge of the City Court of Savannah, may issue a M-'rit of pos- 
 , ^i"*' ' session, directed to the Sheriff of the City Court of Savannah, 
 ^' or any lawful Constable of said city, commanding said Sheriff or 
 
 \j • Constable to deliver possession of the premises to the lessor; 
 which writ shall be by nuch officer immediately executed and re- 
 turned. 
 Applicant §479;). The application to a Judge or Justice, under the prc- 
 ^ti?"*'"' *'^'dhig section must be on the affidavit of the party applying, or his 
 attorney or agent ; but when the tenant shall declare, on oath in 
 writing, that his lease, whether oral or written, is not expired, or 
 that he does not hold the premises either by lease or rent from 
 such person making such application, or by any one holding un- 
 der him by rent or otherwise, he shall not be removed from the 
 possession of said premises ; but the Sheriff or Constable shall 
 return the proceedings to the next Superior ('ourt of Chatham 
 county, and the fact shall be there tried ; but if determined 
 against tlie tenant, he shall pay double the rent reserved or to be 
 due, and the party entitled to jiossession shall immediately be 
 put in possession, by order of said Superior Court ; but the ten- 
 ant making oath in order to retain })os8ession, shall not be enti- 
 tled to retain possession, except on giving bond and good security, 
 to be approved of by the Sheriff or Constable, conditioned for 
 paying double the rent reserved, or to be due, if the ]»roceeding» 
 in the Superior Court shall be determined against such tenant; 
 and said bond, when so taken, shall be returned into court with 
 the other proceedings, 
 ooour&ctf, § 4794. Contracts for rent, whether oral or written, shall bear 
 ^'^*t,^*" interest from the time the rent becomes due; and all actions for 
 recovery of rent in arear, before any court within the city of 
 Savannah, shall be triable at the first term of the court to which 
 the action is returnable. 
 
APPENDIX. — Laws ln kepkrenck to the Otiy of Savannah. 941 
 
 Article 9. — Cemeteries in and nenr Savannah. 
 
 AKTICLE IX. 
 
 CEMCTKRlliS TN AND NEAR SAVANNAH. 
 
 Section. Sectio-n. 
 
 4795. OwmTd ;ind keepers of ccineleries j 4798. l-';\''ii)piion.s irom jury duiv. 
 
 4796. Tnt<?rments to be reix)rtod. ' 4799. Act.s oonliuued in force. 
 
 4797. Owners, ie , failing in duty. < 
 
 § 4795. It shall be the duty uf each ;iud evcrv uwuer or keeper owner* .ad 
 of a cemetery, (other than a private cemetery or burial place) ^^'^^P^t^i®^ 
 within five miles of the extended limits of the city of Savannah, 
 to keep a correct record or registry, in a well bound book, of all 
 interments made by him, or his assistant or assistants, of the re- 
 mains of any deceased person, showing his or her name, nativity, 
 age, place of residence and death, day of burial, disease or acci- 
 dent occasioning the death of the deceased, and the name of the 
 attending physician, if any. 
 
 §479G. Each and every such person owning or keepiua: acem- iQt«rui«aiui 
 etery as aforesaid, shall make out and liand to the Clerk of Conn- !." ^/aibip." 
 cil of Savannah, a regular monthly report of all interments made 
 byhim, or by his assistant or assistants, of all deceased persons 
 dying within the city of Savannah, or elsewhere, and buried as 
 aforesaid, and make out and furnish a weekly report of such in- weeWf «■ 
 terments to the secretary of the board of healtli of said cityP"''^- 
 whenever said board shall meet M'eekly, and monthlv, when its 
 meetings sJiall be monthly. 
 
 §4797. Any person offending against any of the provisions of penaitviw 
 the two immediately preceding sections, shall, on conviction be- ^"'^"f ^itj, 
 fore tlie Police Court of Savannah, (which is hereby invested with tbetwopre- 
 jurisdiction in all such cases) be fined in the sum of thirty dol-^ion"" "**" 
 lars for each and every offence, one-half of the fine to the in- 
 former, and the other half to tlie corporation of Savannah ; but 
 the defendant may appeal from the decision of said Police Court 
 to the .Mayor and Aldermen in council assembled, nnder such 
 rules and regulations as are prescribed by law. 
 
 § 4798. The keepers of public cemeteries in and near Savan- Keep^i^ 
 nah. shall be exempt from jury duty in the Superior and Inferior?^™?"'*"' 
 Courts of Cliatham county, and in the City Court of Savannah. ^"'^'^''^^ 
 
 ^4799. The act of 27th December, 1847, incorporating the 
 Evergreen Cemetery Company of P>onaventure, and so much of and'i^^**' 
 the Act of 18th February, 1854, as refers to the cemetery for' 
 the deceased members of the Iloman Catholic congregation wor- 
 shiping in the city of Savannah, are continued in fulf force. 
 
 , contlDued. 
 
M2 APPENDIX. — Laws in reference to the City of Savaitnaji. 
 
 Article 10. — City Court of Savannah. 
 
 ARTICLE X. 
 
 CITY COURT OF SAVANNAH. 
 
 Karao ami 
 fttyle as a 
 e»nrt of re- 
 cord. 
 
 Section. 
 
 4800. A court of rccorrl. 
 
 4801. Jurisdiction. 
 
 4802. Judges — election and tt-rm of ofiBce. 
 480:-;. Election — when held. 
 
 4804. Vacancies —liow filled. 
 
 4805. Failure to elect. 
 480G. Judge's .salary. 
 
 4807. His oath 
 
 4808. Solicitor General— his feef. 
 4800. Clerk and Shcrifl'. 
 
 4810. Confession of judjrincnt. 
 
 4811. Habea.i c/irpuf!. 
 
 4812. Claims and mortgages. 
 
 481."?. Session of court — triartirst term. 
 
 4814. Suits — how commen<X'd. 
 
 4815. Lion of JudgmcTils. 
 4316. Adjournments of court. 
 
 4817. Production of papers. 
 
 4818. Hulcs of practice. 
 
 4819. Jurisdiction and power. 
 
 4820. Answer — wlicn and how filed. 
 
 4821. Verdicts, confessions, and appeals. 
 
 4822. Sales under execution. 
 
 4823. Judgments — when entered. 
 
 4824. Stay of execution. 
 4325 Claims to real property. 
 
 4826. Bail — how sued out and served. 
 
 4827. Attachment."*. 
 
 4828. By whom issued. 
 
 4829. Judgment — to whom directed. 
 
 4830. By whom levied. 
 
 4831. Declara.tion — when filed. 
 
 4832. Garnishments. 
 
 4833. How sued out and ser%'ed. 
 48?4. Notice — how served. 
 
 4835. Parties — how made. 
 
 4836. Scire facias — how served. 
 
 4837. Witnesses — interrogatories. 
 
 4838. Testimonv dc bene e^sr. 
 
 Section. 
 
 4839. Judge, Clerk and Sheriff's dutios. 
 
 4840. Oath of Clerk and Sheriff. 
 
 4841. May suo and be sued — process. 
 
 4842. Attorney's fees. 
 
 4843. Attachment by Clerk. 
 
 4844. Records and minutes. 
 
 4845. Jurors — how select<^, A:c. 
 
 4846. How drawn. 
 
 4847. Persons subject, to serve. 
 
 4848. Jur}- boxes and keys. 
 
 4849. Defaulting jurors. 
 
 4850. Not to serve longer than one week. 
 
 4851. Penshable property levied on. 
 
 4852. Ckrthrari proceedings. 
 4S53. Sheriff maj- appoint Deputy. 
 
 4854. Constables duty and foes. 
 
 4855. Summarj' proceeding.-*. 
 
 4856. Notice of hearing. 
 
 4857. I'ower.s of court in such cases. 
 
 4858. Persons subject to such process. 
 
 4859. Clerk, Sheriff and Bailiff's duty. 
 
 4860. Vexatious arrests. 
 
 4861. Arrests under civil process. 
 4802. Hearing and return. 
 
 4863. Witnesses and examination. 
 
 4864. Appeal not allowed. 
 4665. ?alaiy of Solicitor (ieneral. 
 
 4866. Money arising from fines, &c. 
 
 4867. Justices of the Peace. 
 
 4868. Peace warrant and bond. 
 
 4869. Jury fees — attorney's liability. 
 
 4870. Qerk and Sheriff's fec!=. 
 
 4871. Insolvent debtor.^. 
 
 4872. Ballance due defendant. 
 
 4873. Rules of practice. 
 
 4874. Continnances. 
 
 4875. Jailor'.s duty. 
 
 4876. Shcrifl"s statement to Judge. 
 
 4877. Sentence and punishment. 
 
 § -iSOO. The City Court of Savannah, bv tliat name, and an a 
 eourt of record in the city of Savannah, shall continue to exist, 
 and shall have cognizance of civil cases, not involving title to 
 real estate, where the damages or cause of action shall not ex- 
 ceed the sum of five hundred dollars, exclusive of interest, and 
 shall be abov€ the iurisdiction of a Justices' Court : and cases of 
 
APPENDIX. — La-WS IX REFERENCE TO THE CiTY OF SaVANNAU. 943 
 
 Article 10. — Cily Court of Savannah. 
 
 tort, where the damage ehiiined shall not exceed five hundred 
 dollars ; and the said court shall have criminal jurisdiction of all 
 minor oftencet^ committed within the jurisdictional limits ol* the 
 city of Savannah, and which do not subject oifenders to confine- 
 ment in the peniteiitiarv ; and of such <ither cases as mav be 
 hereinafter provided for. 
 
 §4801, The ordinary civil jurisdictional limits of said court Ordinnry 
 shall embrace the corporate liujits of the city of Savannah, now^'jpjl.^n"* 
 and hereafter established ; and its criminal jurisdictional limits 
 shall embrace the entire jurisdictiouid limits of said city as now 
 fixed and hereafter to be li>;ed by law. 
 
 §4802. The Mayor and Aldermen of the citv of Sa\annah.T:i(ifr.>— 
 shall have the election, by ballot, of the Judge' of said court, i'.';;,''"foT'' 
 who shall hold his oftice for three years, and until his successor''^'- 
 is elected and (jualiiied, unless sooner removed by the Governor, 
 on the address of two-thirds of both bran(;hes of the General As- 
 sembly for that pur])ose. lie shall i)c commissioned by the Gov- 
 ernor, on proof of his election, under the hand of the Clerk of 
 Council, and seal of the City of Savannah. 
 
 §4803. The next regular election of Judij^e of said court shall Eiw-tion- 
 l-^e at the first regular meeting of the City Council of Savannah, "■'"" ''-'*'• 
 in January, in the year eighteen hundred and si.xty-three ; and 
 regular elections for Judge of said court shall be every three 
 years thereafter, but the present organization of said court shall 
 eontinue until the Judge or other officers thereof shall be dis- 
 placed or superceded by lav,- : and the City Council of Savan- jj'^^^jjj^^''^- 
 nah shall have power to fill all vacancies in such offices occurring 
 from death, resignation, or otherwise. 
 
 §4804. Should a vacancy in the ofiice of Judge of said court, vacancu-s 
 by death, resignation, or otherwise, occur before the said first u''?"'"'!?^, , 
 raeetmg m January, eighteen liundred and sixty-three, the said "f ',J«nnarj', 
 Mayor and Aldermen s'liall, at their first regular meeting after mk'^r''*'" 
 sucli vacancy shall have occurred, proceed to elect a Judge to fill 
 such vacancy : and whenever a vacancy shall occur thereafter, 
 from any cause, the said Mayor and Aldermen shall, at their first 
 meeting, elect a Judge to supply such vacancv. 
 
 §4805. Should the said Mayor and Aldermen fail to elect arautuo i<» 
 Judge at the time appointed for a regular election, it !-hall v>e *'''''■* ''"^'**'"* 
 lawful for them to elect at their next regular ineetinii". 
 
 §4801). The Judge of said City Court shall have an annual Jud-c-sHftU- 
 ?»alary that shall not be increased or diminished during his con-"^' 
 tinuance in office : which salary shall be fixed by the said Mayor 
 and Aldermen, and be paid, in monthly instalments, out of the 
 City Treasury of Savannah ; but such salary shall not be less 
 than fifteen hundred dollars. 
 
 §4807, lie shall, before entering on the duties of his office, uis cmov 
 take and subscribe an oath faithfully and impartially to dischari::^ 
 such duties to the best of his abilities and understanding, and 
 agreeably to the constitution of this State and the constitution 
 
944 APPENDIX. — Laws in keference to the City of Savani^au. 
 
 Article 10. — City Court of Savannah. 
 
 of the Cv')!ifederate States, and to support said constitutions; and 
 said oath shall immediately thereafter be forwarded to th'e Gov- 
 ernor, and filed in the Executive Department. 
 8oikiu.r §4808. Tlie Solicitor General of the Eastern district shall 
 
 ^o^'ibe. prosecute for all offences cognizable before said court; but, iu 
 his absence, the Judge shall have power to appoint a Solicitor 
 (ienera], jj/'o teiiipot'e^ who shall receive the same fees as are al- 
 lowed 1)V law to the Solicitor General in all cases conducted by 
 him. 
 Clerk .'inj § 4809. The Clerk and Sheriff of said court shall be elected 
 Son"'"''^ by said ]\rayor and Aldermen for such term respectively, and 
 under such qualification and other rules and rej^julations as they 
 shall prescribe. 
 Confession §4810. No cottfessiou of judgment shall be entered up in said 
 of judgment. pQ^j.j.^ uuless the defendant resides in the corporate limits of Sa- 
 vannah, and unless the cause shall have been regularly sued out 
 and docketed, nor until such cause is called in order by the court 
 for trial. 
 Babi,a^c<>,- §-^811. The.ludgc of said court shall have power to issue 
 ^*-P<'**^^'' writs <tf hahtaa co/ou.-^, and to hear and disijosc of the same, iu 
 
 of the court ,, .'. ■' ' . .i- i • ' ^• ^- \ ^• -^ a' 
 
 inrebtion all cascs arisuig Or occumng Avitlnn the jurisuictioiial limits ol 
 **■ Savannah, in the fianu; way and with the same p(.»wcrs as the 
 
 Judge of the Superior Court, and to discharge, admit to bail, or 
 remand to jail any prisoner, according to his discretion and the 
 law of the land ; but nothing herein contained shall be construed 
 to lessen or take away the power.-: of the Judge of the Superior 
 Court, or Justices of the Inferior Court of Chatham county. 
 juri8«iktioa §4812. The said City Court shall have jurisdiction of all 
 gV^''" *^ claim cases where personal property is levied on under execu- 
 tion, or (»ther process fro!n said court; and all mortgages upon 
 personal property, for au amount within the jurisdiction of said 
 court, may be foreclosed by the Judge of the same, in the same 
 way or manner as in the Superior or Inferior Court; and all 
 subsequent proceedings thereon shall be in said City Court, and 
 ortpagvp. ^^^^^^ ^^ ^^^ conformable to the general law of the State. 
 Sessions. §4813. The sessions of said court shall be held on the tirst 
 
 Monday in February, May. July and Xovemiier of every year ; 
 iMai first and all causes, excevit attachments, shall l»e triable at the lir.st 
 
 tfrm. , ' ^ 
 
 term. 
 
 BTiJts— iiow §4814. All suits in said court, (except attachment cases,) shall 
 '"IC'f'i'''"' be commenced at least fourteen days before the term to which they 
 a^^ probec.i- _^^^ returnable ; and the process shall be served on the defendant 
 at least ten days before the session of the court. Suits shall in 
 other respects be conibrmable to the mode of proceeding in the 
 Superior Courts; but the process shall be annexed by the Clerk 
 of said City Court, be tested in the name of the Judge thereof, 
 and be directed to and served by the Sheriff thereof. 
 Lwnufju*;- §4815. All judgments obtained in said court shall be a lieu 
 " ° on all property belonging to the defendants throughout the State: 
 
 xneote. 
 
APPENDIX. — Laws in reference to the City of Savannah. 945 
 
 Article 10 — City Court of Savannah. 
 
 journ - 
 inents of 
 ourt. 
 
 but property exempt from levy and sale, under the general law 
 
 of the State, shall be exempt from levy and sale, Tinder process 
 
 from said court ; and all executions shall be tested in the name of ^''^""''"""''" 
 
 the Judge, issued and signed by the Clerk, directed to the Sheriff 
 
 of the City Court of Savannah, and all and singular the Sheriffs 
 
 of the State of Georgia, and may be levied on all property of J;f^.^3^'g^^"^^ 
 
 the defendants throughout the State ; but the Sheriff of said 
 
 City Court may lev-y all such executions on property within any 
 
 [)art of the county of Chatham. 
 
 «i48I6. In the absence of the Judge of said court, from indis-Adju 
 [)t»sition, or otherwise, it shall be the duty of the Clerk or Sher-" 
 iff of the same to open and adjourn said court to such day as 
 the Judge nuiy, in writing, direct. 
 
 §4817. Tlie said court is empowered to compel the production ^ay <ou.[,oi 
 of books, papers and writin2;s in tlie i)ossession of anv partv to*!'" vjpiive- 
 
 ' . I . ~ . , ^ . ,,' I J lion of books 
 
 a suit m said court, containing evidence pertinent to the cause papers. &c. 
 in question, under the rules and regulations provided by law for 
 i>tlier courts of record. 
 
 § 4818. Tlie mode of conducting proceedings in said court, and Kuies of 
 carrying to trial suits therein, shall be the same as in the Supe- 1'"''''*'''' 
 rior Court, excejn as may be otherwise herein provided. 
 
 ^ 4819. The Judge of said City Court shall have power and ^ • ,• . 
 authority to Jiear and determine all civil causes oi which the said "ftuc comt. 
 court has jurisdiction, and to give judgment and award execution 
 thereon ; Provided, ahvays, that either party in any cause shall 
 be entitled to a trial by jury upon entering a demand therefor, ™^"'y 
 in writing, on or before the call of the docket of said court at 
 the term to which the cause is returnable. 
 
 «j4820. The defendant shall lile his answer in writing, on or Answer- 
 before the opening of the court, at the return term of the suit, ^''^^^^JjI^/j' 
 and the pleadings shall conform to the general law of the State. 
 In case of default, the same shall be noted on the docket ; and Default am 
 in such case the plaintiff shall be entitled to proceed ex jpartel^^lll^^'^^ 
 and establish his demand, upon the proof thereof, at such return 
 term. 
 
 <^4S21. In every case where a verdict may be rendered by a yt,,.,,i(,t _^, 
 jury, or wliere a jury trial may have been demanded, and either P<'V'''''^"'" 
 party shall confess judgment, reserving the right to appeal, an 
 appeal may be entered by either party to a special jury in said 
 City Court, as in cases of appeal in 'the Superior Court : and -^Pf;'' ""'' 
 the same shall be there tried, under the rules and regulations ap- 
 plicable to the Superior Courts. 
 
 j^4822. All sales of property, taken under execution by the saies of im 
 Sheriff" of said court, or any Sheriff' of a county, shall be con- cxecTulou.''* 
 formable to the laws of the State regulating Sherift^'s sales. 
 
 ^4823. The party in whose favor a verdict shall be rendered Ji'^ljg'jjient* 
 in said court, shall be allowed to enter and sign judgment there- where" u"* 
 on, al, any time within four days after the adjournment of the ""''*'''■ 
 court, at the Clerk's office, for the amount of such verdict and 
 GO 
 
!)i6 APPENDIX. — Laws l^• keference to the City of Savannah. 
 
 Article 10. — City Court of Savaunah. 
 
 all legal costs ; and no execution shall issue on sucli verdict, un- 
 til such judgment shall be entered by the party or his attornoy. 
 stoyof exe- §4824. Stay of execution, for sixty day's, may be had in the 
 Taye!^^ Bamc manner and on the same terms as are ur may be alk)Nve(] 
 
 in the Superior Court, 
 oiaimtoreai §4825. Claims to real property, levied on under execution is 
 property, g^jug fj-oui Said court, sliall be returned to and tried in the Su- 
 perior Court of the county where such real pro})erty may be sit- 
 uate ; and such claims shall be put in and tried and determined 
 as in other cases of claim in such Superior Court. Claims to 
 personal property levied on under execution or attaclnnent fn)m 
 said City C(»urt shall be returned and tried there in the same 
 manner as claims to ])orsonal ])roperty in the Snjierior C'ourt. 
 Httii— how §4820. Pail may be required in cases originating in said court, 
 i"rvii'""''^" the same manner and on the same terms as in cases of bail in 
 tlje Superior Cmirt ; but witli this ])roviso, that in any case about 
 to be instituted in said court, it shall be lawful and sutlicient tu 
 Fcrve the defendant with a j)rocess and copy of the alhdavit, as 
 ill cases of bail ]tending the action ; and whenever such process 
 with a coj>y of the atlidavit annexed, and a copy or copies of 
 piich process and alhdavit, shall be jduced iri tlie hands of tlic 
 Sheriif of said court, he shall arrest the defendant or defendants, 
 and serve him or them with a copy or co})ies of said atlidavit and 
 )>rocess, and deal with him or them in the manner prcsci-ibed by 
 the laws of the State in regard to bail ; and the subsequent ])ro- 
 ceedings shall be as in other cases. In evei'y bail case issued 
 under the foregoing proviso, the plaintiti' must tile his declara- 
 tion eight days before the return term of the process or lose a 
 term ; and, on failure to do so during such return term, the couit 
 shall, on motion, order a nonsuit. 
 
 § 4827. All acts or parts of acts already or hereafter passed 
 upon the subject of attachment and garnishment, or legislating 
 as to any matter whatever in the Sujterior Courts of this State, 
 shall apply to said City Court as if named with the Superior 
 Courts, so fiir as the nature of that tribunal will admit. 
 
 JJ4828. The Judge of said court or any Alderman of said city, 
 or any Justice of the Peace or Notary Public, may issue attacli- 
 nwiuts returnable to said court, and within the jurisdictional 
 amount of the same ; but such attachments muet be issued at 
 least ten days before they are returnable and levied at least nine 
 days before such return term ; and no judgment shall be rendered 
 in attachment until the term alter the return term. 
 
 §4829. Such attachments shall be directed to the Sheriif of 
 the City Court of Savannah, and all and singular the Sheriti's 
 and Constables of this State ; and all prior and subsequent pro- 
 ceedings relative to such attachments, not herein expressly 
 mentioned or specilied, shall be governed by the laws of 
 the State in relation to attachments, due regard being had t<^> 
 the nature of the different tribunals. 
 
 AtUch 
 
 JIK'Dt*. 
 
 l>_v wboui 
 ;»suud. 
 
 •Judgment 
 Vbereon. 
 
 To wboai 
 dirocted. 
 
APPENDIX. — Laws in keference to the City of Savannah. 947 
 
 Article 10. — City Court of Savannah. 
 
 § 4830. Tlie Sheriff of the City Court of Savannah may levy «.v.*i.<.n, 
 attachments returnable to said court in any part of Chatham 
 county. 
 
 §4831. The declaration in attachment mav be filed at any i>«'c'a™»"" 
 time during the return term of the attachment; but, on failure filed, 
 so to file it, the court shall, on motion, dismiss the attachment. 
 
 §4832. Said court shall have jurisdiction in all cases in gar- r.amwi- 
 nishment, as -well as when the debt of the garnishee to the de- ^g*;j',^*~|,":,^ 
 fendant shall exceed as wlien it shall fall sliort of the jurisdic- ti"'o»'j'-i «f 
 tional amount of said court ; and in all cases of suit on bail or 
 attachment, claim or other obligations or bonds, given by parties 
 to any proceedings issued from or had in said court, although 
 the penalties of said bonds may exceed the jurisdiction of said 
 court by being in double the sum sworn to, attached, or of the 
 executions issued, or property levied on ; Provided^ the original 
 cause of action upon which such bonds or obligations were had 
 or taken did not exceed the jurisdiction of said court. 
 
 §4833. Garnishment proceedings in said court shall be con-0'"-»i»^ 
 formable to the law of the State on that subject; but the sum-sucdouL 
 mons must be served on the garnishee, personally, ten days be- returned""' 
 fore the court to which the garnishee is directed to appear ; Pt'o- 
 mded, such garnishee shall reside in the county of Chatham, or 
 not elsewhere in the State; but where the garnishee shall reside 
 in any other county, then he shall be summoned and served, and 
 shall make his return, and all other proceedings shall be had in 
 the manner pointed out in the general law of the State for non- 
 resident garnishees ; with this proviso, however, that the sum- 
 mons must be returnable to the Superior Court of the county of 
 the residence of such garnishee, and further proceedings be had 
 in said Superior Court. 
 
 § 4834. Any notice which may be required to be given in any Notice— i)r 
 attachment case in said court, in order to make the judgment ag'.rv^i. 
 lien on all the property of the defendant, or otherwise, may be 
 served by the Sherift* of said court, or any Constable of the city 
 of Savannah : and plaintiffs in attachment may examine wit- ,„., 
 
 ,-. \. .,.., "^ ,, Witnessps 
 
 nesses residing out oi said city, in the same manner or under the residing out 
 same rules and regulations prescribed by the the general law ofty. 
 the State. 
 
 § 4835. In attachment cases in said court, ten days' notice by Parties— 
 scire facias^ to make parties, shall be sutiicient. how made. 
 
 § 4836. Scire facias to make parties in any cause in said scire /aciut, 
 court shall be had as in the Superior Court ; but such scire fa- [.anies.*^ 
 das shall run throughout the State, and may be served by any 
 Sheriff" thereof; and service ten days before the return term 
 thereof shall be valid and sufficient. 
 
 § 4837. The general law of the State in reerard to witnesses witnessee, 
 
 1 .1 . , , ~i • , . . ^° ,Y^ -1 ■ ,.•11 and their .It- 
 
 and their attendance, interrogatories, sets-on, affidavits oi ille- tendance, 
 gality, arbitration, and the examination of parties to suits by in- 
 terrogatories, or under subpoena, and all other matters of a judi- 
 
948 APPENDIX. — Laws in reference to the City of Savannah. 
 
 Article 10. — City Court of Savannah. 
 
 cial nature, witliin the jurisdiction conferred on said Cit}^ Court, 
 shall be applicable to said City Court, respect being liad to the 
 nature of the different tribunals ; but subpo'nas shall be served 
 l)y the Sheriff of said court, or a Constable of said city, or a 
 . . private person ; and a counnission to examine witnesses may is- 
 to take tes- suc ou thrcc davs notice to the opposite party, or his attorney, 
 timony. §4838. The Judge of said court shall have power to cause 
 
 ''^*'"'"*^*'*- testimony to be taken dc hene esse^ in all cases pending in the 
 same, according to the general law of the State, due regard be- 
 ing had to the nature of the tribunals; and the said Judge and 
 other officers of said court shall have, respectively, po^ver to ad- 
 minister all oaths pertaining to tlicir respective offices, as fully 
 as tlie .Judge and other officers of the Superior Court may, in 
 like cases, do. 
 ju.ipisciork § 4H89. All the duties and liabilities attached to the Superior 
 ""gpecthc and Inferior Courts, and to the Sheriffs of the counties, shall be 
 duties of. ;^t.,(.i,(.,i t„ the Clerk and Sheriff <.f said City Court; and the 
 Judge of said court is empowered to exercise the same authority 
 over the Clerk and Sheriff, and other officers of said court, as is 
 legally exercised by the Judges of the Superior Court over the 
 Clerks of the Superior Court and Sheriffs of the counties, and 
 other officers amenable to them. 
 
 Oath of the §4S40. Said Clerk and Sheriff of said City Court shall, rc- 
 
 sbcrm. ' spectivcly, take an oath similar to that prescribed for Clerks of 
 
 the Superior and Inferior Courts, and for the Sheriffs of the 
 
 counties ; and said oaths may be administered l)y the Judge of 
 
 said City Court, or the Mayor or Clerk of the City Council of 
 
 Savannah. 
 
 TheCKik §4^-11. Said Sheriff and Clerk of said City Court may sue and 
 
 and siuritr \^q sxxqA ill Said court ; but, wlien the Clerk mav be defendant in 
 
 may sue iind . i ii i • i i i * t i i • i 
 
 be sued In anv actiou, thc process shall be sijjned by the Judge; and said 
 
 ft&iil court * o >/ o - 
 
 Clerk shall, if re<piired, copy the petition and annex the process 
 thereto ; and the Clerk shall also make out final process in any 
 case in which he may be interested, as in other cases, which shall 
 be signed by the Judge and executed as in other cases ; and in all 
 Z'^'^':1K^'^ cases before said Court, in which the Sheriff shall be plaintiff or 
 
 Sherin, how ■, (, ■, ihit i inriiiii i 
 
 directed and defendant, process shall be directed to the Marshal, and all and 
 singular the Constables of the city of Savannah, and may be 
 served by any one of them ; and the proceedings thereon shall be 
 as in other cases. 
 
 Attorney's § 4842. Thc attorucy's fee in each cause brought in said court, 
 (and in all attachment cases returnable to said court, and actually 
 put into the hands of an officer for service.) shall be five dollars, 
 such fee to be taxed in the bill of costs. But, where the defend- 
 ant shall prevail, thc defendant's attorney shall be allowed a fee 
 of two dollars ; and three dollars shall, in every case, become im- 
 mediately due to the city of Savannah, to be paid to the Clerk, 
 and by him accounted for, and paid over in quarterly returns to 
 the City Treasurer of Savannah. Every officer receiving an at- 
 
 ttt. 
 
APPENDIX. — Laws in reference to the City of S>vannaii. ^49 
 
 Article 10. — Citv Court of tiavaiiiiali 
 
 tachment for service, shall immediately report the same to the ^•Jf^'Jj^ *j*- 
 said Clerk, who shall immediately collect the city fee from the <■«'??. 
 attaching party, or his attorney ; and if said Clerk shall fail to 
 make any quarterly return and payment as aforesaid, he shall 
 pay, for the use of said city, the penalty of five hundred dollars, 
 to be enforced in said court, by attachment against the Clerk for 
 a contempt. 
 
 § 4843. In any case where it may be necessary to attach the "^''r'^yVv"* 
 Clerk of said court, it shall be lawful for the Judge thereof to'ieru. 
 call in the services of the Clerk of the City Council of Savan- 
 nah ; and the Marshal of said City shall be competent to enforce 
 any attachment by said Judge against the Sheriff thereof. 
 
 § 4844. The Clerk of said court shall copy into a book of rec- proTcmiinU 
 ord, to be provided by the Mayor and Aldermen of Savannah, -^^^ "''"'" 
 all the proceedings in all the civil cases in said court ; which 
 entry of record shall be made within twenty days after the deter- 
 mination of any cause; and the Clerks shall be allowed the same 
 fees for that service, to be taxed in the bill of costs, as are allow- 
 ed in the Superior Courts for similar service ; and the said Clerk 
 shall keep, from day to day, regular minutes of the proceedings comt. 
 of said Court, Avhich shall be examined and signed by the Judge. 
 
 §4845. All persons residing within the corporate limits of Sa- ^^!',[."J*;/"'^'j 
 vannah, and liable to serve as jurors in the Superior Court of 
 Chatham County, shall be liable to serve as jurors in said City 
 Court ; and the Judge of said court shall conform to the laws of 
 this State pointing out the mode of selecting, drawing and sum- 
 moning jurors for the Superior Court, except as may be herein- 
 after mentioned ; and the fines and other proceedings relative to 
 non-attendance of jurors, or contempts by them committed, shall 
 be in conformity with the general law ; and the oaths to be admin- oaths of ju- 
 istered to juries and witnesses in said City Court, upon the trial nesser'"''' 
 of civil causes, shall be the same as are by law to be administered 
 to juries and witnesses in the Superior Courts. 
 
 § 4846. The Judge of said City Court shall, previously to the """ '"••''^^^• 
 adjournment of any regular or adjourned term thereof, draw, 
 conformably to the laws of the State, twenty-three persons to 
 serve on an inquest or grand jury for the said court and city, and 
 twenty-four persons for the trial of all civil and criminal cases 
 of which said court has jurisdiction : but no inquest or grand iury *^'''=»n.<V";:>' 
 
 111 •ft !•! .1 -I J./ consist of 
 
 shall consist oi less than eighteen persons, though twelve persons "ii-'iiti-en nt 
 of any grand jury may find a bill or make a presentment ; and ''"^'' 
 the mode of proceeding and trial in all criminal cases in said 
 court shall be the same as in the Superior Courts of the State; 
 and the oaths to be administered to jurors and witnesses in said 
 City Court, shall be the same as those administered to jurors and 
 witnesses in criminal cases in the Superior Courts. 
 
 § 4847. It shall be the duty of the Clerk of said City Court, J^';^.^^^^;^'- 
 under the direction of the Judge thereof, at least once in every "'i"ty- 
 three years, beginning within six months after the promulgation 
 
950 APPENDIX. — Laws in referencs to the City of Savannah. 
 
 Article JO. — City Court of Savannah. 
 
 of this Code, to make out a complete list, from the best sources to 
 be determined by said Judge, of all persons liable to do jury duty 
 in said court ; from which list the Judge shall select those most 
 competent to do grand and special jury duty, Avhose names shall 
 be then placed by said Clerk on convenient slips of paper, in the 
 grand jury box ; and the remaining persons shall do petit jury 
 duty, and their names shall, in like manner, be deposited in the 
 petit jury box. 
 ;!„7ko?"hy § 4848. The jury boxes shall be kept by the Clerk, and the 
 wh..mkopt. j^gyg ],y j]jg Sheriff; and no jury box shall, under any pretence, 
 
 be opened but by the authority of the Judge. 
 Dcfaniting § 4849. The Judge of said court shall, in all cases, determine 
 i'lTw-sV'^ on the validity of the excuses of jurors ; and he may, in any case, 
 in term time or vacation, relieve a juror from payment of a fine, 
 at any time before the same is paid over, if, in the discretion of 
 said Judge, circumstances shall seem to warrant such remission. 
 KiLdT) § -1850. The grand and petit jurors, in said court, shall not be 
 
 j^jj^yj^^jj'^"*''''' compelled to serve longer than one week, except when actually 
 >vc<k. engaged in the trial of a case at the expiration of such week ; but 
 
 the Judge is authorized, hereby, to have summoned, instanter, 
 either by drawing from the jury boxes, or otherwise, any addi- 
 tional number of grand and petit jurors that in his discretion he 
 may deem necessary to perform the service demanded by the busi- 
 ness before the court. 
 Expenses of §4851. In all cases where, under execution or attachment pro- 
 leTioT.Mi ^^^®' returnable to said court, horses, mules, or other live stock, 
 may be levied upon, the Sheriff or other levying oflBcer shall be 
 allowed the amount of stabling or keeping necessary, according 
 to the current rates actually expended by him : and, in all cases 
 of levy, under process as aforesaid, horses, mules, hogs, or other 
 ivoi.frtv of live stock, or dry goods, groceries, or other property of a perish- 
 nitu'rc may «ible naturc, may be sold by order of the Judge of said court, 
 Irr.k'r.'^ ''"^ upon application to him, on oath, at such time and place as to him 
 may seem most advantageous ; Provided^ that not less than ten 
 days' notice be given in a public gazette, and at the court house 
 in said city, of the time and place of sale ; except in cases of 
 fruit or other articles that would be greatly deteriorated by a de- 
 lay of ten days. 
 u>rtiorari, § 4852. When either party to a cause in said court shall take 
 ;;"jy ^n^*^ exceptions to any proceedings in a suit, affecting the real merits 
 rhcreon'"^* of the Same, it shall be the duty of the Judge to cause to be made 
 and filed of record in said court, a just and true statement of the 
 facts relating thereto, and of all legal points arising therein ; and 
 the said party, after a full compliance Avith the law of the State 
 regulating the granting of certiorari, may apply to the Judge of 
 the Eastern District for a writ of certiorari, who shall grant the 
 same, if he shall deem the exceptions taken to be sufficient ; but 
 no writ of certiorari shall issue after three months from the ad- 
 journment of the term at which the exceptions are taken. 
 
APPENDIX. — Laws in reference to the City of Savannah. 951 
 
 Article 10. — Ciiy Court of Savannah. 
 
 § 4853. In any case where it may be necessary to have proper- f Jp^^t^^"'^ 
 ty levied on by tlie Sheriff of said court, guarded, said Sheriff "itputy 
 
 . ♦', , . • 1 J r 1 when. 
 
 may appomt and have sworn m, a special deputy lor that purpose; 
 and the Judge may allow a reasonable compensation in such case, 
 and in any other case where the Sheriff may require assistance; 
 and if any person shall oppose, resist, assault or beat any special 
 Sheriff in tiie discharge of his duty, such person shall, on convic- 
 tion, be fined or imprisoned at the discretion of the court. 
 
 §4854. The Constables, and ex officio Constables, of the city |;f''"J|f' "^ 
 <jf Savannah, from time to time shall be Constables of said court, ^'^y^^'^"'^'*''' 
 .'■o far as to authorize them to serve all process and orders of said tiimfJr. 
 court to them directed ; but the Judge of said court is hereby 
 empowered to select, in conjunction with the Mayor of said city, 
 five members of the mounted or foot police of Savannah, as spe- 
 cial bailiffs of said court, who shall remain bailiffs, as aforesaid, 
 for one year, unless removed as bailiffs by the Judge, or in case 
 of dismissal or resignation from said police. It shall be the duty 
 of three of said bailiffs to attend allsittings of said court, subject 
 to the orders of the Judge thereof; and they shall receive one 
 <lollar a day, Avhilst so attending, to be paid from the fines and 
 forfeitures in said court ; said bailiffs being empowered to serve 
 any criminal warrant within the jurisdictional limits of said 
 court ; {Provided, the warrant does not issuefor an offence above 
 the grade of misdemeanor,) and, for purposes thereof, shall be 
 considered lawful Constables of the State of Georgia, and receive 
 the same fees as may be allowed by law to the Constables of this 
 State ; Provided, nothing herein contained shall be construed to 
 relieve such bailiffs from any other duties imposed by law, which 
 shall not interfere with the duties above imposed, 
 
 §4855. Upon the petition of any ship-master, supercargo, summiry 
 owner or consignee oi any vessel, or ot any articled seaman, or Wori- said 
 any mariner or apprentice attached to a ship or vessel, who shall ga^lg'^pg^.;. 
 have any dispute or difference with any person, touching any *^**'- 
 contract, agreement, sale, promise, debt or demand Avhatsover, 
 within the jurisdiction of said City Court, or who shall be charged 
 with any assault, or assault and battery, trespass to the person, 
 or other offence within the jurisdiction of said court, committed 
 anywhere within the County of Chatham, or where such ship- 
 master, supercargo, owner or consignee, or articled seaman, or 
 mariner, or apprentice, may prosecute for assault, or assault and 
 battery, or trespass to the person, or other offence within the 
 jurisdiction of said court, committed anywhere in said county, or 
 may be plaintiff in any such dispute or difference, touching any 
 contract, agreement, sale, promise, debt or demand whatsoever, 
 within the jurisdiction of said court, setting forth under oath, in 
 such petition, the nature of his case, and that he cannot, without 
 great inconvenience and damage to him, await the determination 
 of such matter in difference, or the trial of such charge, by the 
 ordinary and usual mode of proceedings in the courts in this State, 
 
952 APPENDIX. — Laws in reference to the City of Savannah. 
 
 Article 10. — City Court of Savannah. 
 
 it shall be lawful for the Judge of said court, and he is hereby 
 Special required and directed, to order and appoint a special or extraor- 
 dinary court, to be held within forty-eight hours after tlie grant oi 
 such order, for the trial of any such cause, matter in difference, 
 charge or offence ; and the said Judge shall, immediately, or with- 
 -lury, by in twcuty-four hours after the granting of such order, draw the 
 when**^"' necessary jury or juries for the investigation and trial of such 
 drawn. matter of dispute, civil or criminal ; and such jury or juries shall 
 be forthwith summoned to appear at the time and place appointed ; 
 and further proceedings shall be had, in a summary way, as may 
 be agreeable to law, and as though snid court were in se>.'^ion at a 
 regular term. 
 i2honrsno- § 48ot). At the tiuic and placc wliich the said Judge shall ap- 
 
 tice of the ■' ... , l -nit ii' • 
 
 time ami point, tlic partics, being duly notified by twelve hours prtvious 
 
 iiMrhit'. notice of such time and place, shall attend per.sonally in aiiy 
 criminal case, and pcsonally or by attorney in any civil case, 
 before the said Judge, who shall then hear the parties, and shall 
 
 Trhvi. in a summary way proceed to judgr; and determine such cau.>>e, 
 
 and shall, forthwith, by the usual process of said court, execute 
 the judgment of said court in such cau.se, unices exceptions to 
 such judgment shall be taken by either party in a civil ca.-e on 
 
 Kxccptions. the pronouncing of such judgment; and if either party shall so 
 except, or, in a criminal case, the defendant .shall so except, it 
 shall be his duty forthwith to apply to the Judge of ihe ISuperitir 
 
 cprtir.riiri. Court of the Eastern District for a certiorari, founth d on such 
 exceptions, which, if allowed by the Judge of the said di.sirict, 
 within twenty-four hours after the rendition of such judgment, 
 shall be a supersedeas thereof; and, in case of the absence of the 
 Judge of said district, then reasonable time shall be allowed to 
 the party making such exception to make such applicatinn, the 
 
 uondof ap- said party giving good bond and security to ihe t-tlier party, t<» 
 
 I) leant. 1^^ approved of by the Judge of said City Court, conditioned 'o 
 abide the final decision of the cause. 
 
 jnrisdietion § 4857. At such spccial or extraordinary courts, the said Judge 
 
 and power of , „ , _ ,, ^ , • i • i • 
 
 the Judge shall havc full power to try each cause in which any captain or 
 court,"^*""^ commander of a vessel, or articled seaman, or mariner or appren- 
 tice attached to a ship or vessel, may be a party, in the most 
 summary and speedy manner, and to compel the attendance of 
 Witnesses witnesscs by the most sumraai'y process that can be devised ; and 
 attend. ^' no more delay shall occur in the trial of such causes than such as 
 is indispensalile to the due administration of justice: and the said 
 Judge shall have power to enforce, by order and process, the 
 Production bringing before him of any and all papers appertaining to such 
 papers, ^j^^g^^ whcrevcr such papers may be, whether actually returne<l to 
 another court within the city of Savannah, or not so returned. 
 JonMhe ^'' § -ISoS. The foregoing provisions in regard to special or extra- 
 foreKoing Ordinary courts, and Avrits of certiorari thereto, shall apply to all 
 pr^ee insrs ^^^^^g whcrc any person or persons shall be charged and prose- 
 cuted for the offence of abducting, entertaining, secreting, lodg- 
 
APPENDIX. — Laws in reference to the City of Savannah. 958 
 
 Article 10. — City Court of Savannah. 
 
 ing, or concealing any articled seaman, or mariner, or apprentice, 
 or suffering the same to be done, or aiding or assisting any 
 articled seaman, or mariner, or apprentice to desert his ship or 
 vessel, or secretly carrying off any articled seaman, or mariner, 
 or apprentice from any such ship or vessel, or harboring -with 
 intent to inveigle, entice, carry away, abduct, or secretly carry 
 off any articled seaman, or mariner, or apprentice from a ship or 
 vessel, or affording any conveyance or facility to such seaman, or 
 mariner, or apprentice to desert such ship or vessel, as defined in 
 this Code, or in any law of this State, present or future, and not 
 subjecting the offender to imprisonment in the penitentiary, 
 whether such offence be committed in the jurisdictional limits of 
 the city of Savannah, or within any part of the county of 
 Chatham, upon the application to said Judge by the prosecutor in 
 such case, or other person in interest, by petition, on oath, stating 
 that he, or the witnesses, or some of them, necessary in carrying 
 on said prosecution, cannot, witliout great inconvenience and 
 damage to him or them, await the trial of such charge or prosecu- 
 tion by the usual and ordinary course of proceedings in the courts 
 of the State. 
 
 § 4859. The Sheriff and Clerk of said City Court, and all The riork. 
 bailiffs thereof, shall attend such special or extraordinary courts, bauiffs Than 
 and shall be entitled to the fees allowed by law for 'services •'"'"''• 
 therein ; and, in civil cases therein, the fee of three dollars, for 
 use of the city, shall be paid by the plaintiff in each case, to be 
 taxed in the bill of costs against the losing party. 
 
 § 48G0. For preventing vexatious arrests and fraudulent de- ^j.';^*^*^""* 
 tention of articled seamen, or mariners, or apprentices attached 
 to a ship or vessel, it shall not be lawful for any keeper of a tavern 
 or tippling house, or any other person, Avhen an articled seaman, 
 or mariner, or apprentice, as aforesaid, shall have been committed 
 to jail by his captain, or the owner or consignee of his vessel, to 
 lodge a detainer under the pretence of civil process founded on 
 debt or civil contract ; but in any such case^ when any articled 
 seaman, or mariner, or apprentice, as aforesaid, shall have been 
 so committed to jail, it shall be the duty of the jailor to surrender 
 such seaman, or mariner, or apprentice, as aforesaid, upon the 
 requisition of the owner, captain, or consignee committing him, 
 notwithstanding any detainer which may be or have been lodged 
 against such seaman, or mariner, or apprentice, founded on civil 
 process ; and upon failure of such jailor, within the limits of 
 Savannah, to make such surrender, the same may be enforced by 
 summary order of the Judge of said City Court, directed to the 
 Sheriff and Constables of said court. 
 
 § 4861. It shall not be lawful for any Sheriff, Constable, orAn-estof 
 other officer to arrest any articled seaman, or mariner, or appren- Sc"cTvir" 
 tice attached to any ship or vessel, on civil process, within twenty- 1""''"'^"'"- 
 four hours next immediately before the time which shall have been 
 designated by advertisement for the sailing of such vessel, or after 
 
954 APPENDIX. — Laws in reference to the City of Savannah. 
 
 Article 10. — City Court of Savannah. 
 
 the lapse of such time, if such vessel shall have been detained 
 beyond that time by adverse wind or other cause ; and in case of 
 any such arrest within such time, anywhere within the limits of 
 Chatham county, the Judge of said City Court shall have power 
 and authority to discharge such seaman, or mariner, or apprcn- 
 - tice instantly on the application of the captain, owner, or con- 
 signee showing that such arrest was made within the time pro- 
 hibited ; and the officer making such arrest shall be punishable by 
 indictment in said court, and, on conviction, shall be fined in a 
 sum not exceeding one hundred dollars, 
 may havc\ § 4862. If any articled seaman, mariner, or apprentice, as 
 summary aforcsaid, sliall be arrested under civil or criminal process issued 
 by any Justice of the Peace or Justice of the Inferior Court, for 
 any matter, cause, or thing within the jurisdiction of the said 
 City Court, or offence committed anywhere in the county of 
 Chatham, whether hereinbefore specified or not, the captain, 
 owner, or consignee of tlie vessel to which such seaman shall be 
 under articles at the time of such arrest, or to whicli such mariner 
 or apprentice may belong, shall be entitled to apply to said Judge 
 for a summary hearing, as hereinbefore provided for other sum- 
 mary hearings before said court ; and the said Judge shall have 
 full power and authority to take jurisdiction and cognizance of 
 such cause, and finally decide the same, as in the said other cases 
 otHcor and of Summary hearing ; and it shall be the duty of the officer 
 "haiiuirn^ making such arrest, and of the Justice from whom the process 
 «.v«r papirs. emanated, on the requisition of the said Judge, to transmit to the 
 said Judge all documents and papers in relation thereto ; and the 
 same proceedings in regard to certiorari shall be had as are 
 applicable to other trials before such special or extraordinary courts. 
 mayboT"- § 4803. AVhcnevcr, after any order shall have been granted by 
 (bre ufc ta'ai ^^'^ Judgc, appointing a special or extraordinary term of said 
 —when. court, for the trial of any criminal offence therein cognizable, and 
 application may be made to the said Judge by the prosecuting 
 officer of the said court, or by the defendant or defendants, or 
 parties charged with such offence, or his or their counsel, (such 
 application, if made by the parties themselves, to be verified by 
 affidavit,) setting forth that a material witness or witnesses for 
 the applicant is or are about to leave the city of Savannah, and 
 on that accomit, or from imminent sickness or other cause, will 
 not, in reasonable probability, be able to be present at the trial of 
 the cause in which his or their testimony is needed, it shall be the 
 duty of the said Judge forthwith to order process of subpoena to 
 issue, requiring said witness or witnesses to appear in person 
 before him, at a certain place and time, (of which time and place 
 the said prosecuting officer, and the said defendant or defendants, 
 or parties charged, shall have at least twelve hours notice,) to give 
 testimony in the said cause ; at which time and place the said 
 Judge shall take down in writing the answers of the said witness 
 or witnesses, given under oath, to the question or questions to be 
 propounded to him or them, touching the said cause, on examina- 
 tion and cross-examination, by the parties respectively, or their 
 
APPENDIX. — Laws in reference to the City of Savannah. 955 
 
 Article 10. — City Court of Savannah. 
 
 counsel ; such examination to be made and testimony to be re- 
 ceived in accordance with the usual practice in courts of justice 
 and -with the rules of evidence ; which said answers, when so 
 taken and committed to writing, shall be sealed up, appropriately 
 endorsed and certified under the hand of said Judge, and shall 
 remain in the office of the Clerk of said court, for the benefit ofmayYJ'us^i 
 both parties, and may be read iis evidence upon the trial of thcp^^''"''" 
 cause in or with reference to which the said testimony may have 
 been taken, as aforesaid ; Provided, the said witness or witnesses 
 shall not be personally present to testify in such cause at said 
 trial, and not otherwise. 
 
 § 4864. No appeal to a special jury shall be allowable in any ^jPP^*',"''^ 
 case before any special or extraordinary session of said court. 
 
 § 480;"). In consideration of the additional labor imposed upon*^a!a''y<'fSo- 
 the Solicitor General of the Eastern District, in appearing andr'aT. ""^ 
 prosecuting criminal causes at the regular and special terms of 
 said court, he shall have and receive, in addition to the fees 
 allowed by laAv, the sum of five hundred dollars per annum, 
 payable in quarterly instalments from the fines and forfeitures in 
 said court ; but, in case of the absence of the Solicitor General, 
 such fees shall be paid to the Solicitor General pro tempore ; and 
 the fees of the Solicitor General shall in all cases be the same as 
 are allowed by law in the Superior Courts. 
 
 § 4866. Moneys arising from jury fines, and fines imposed for r^^'^^om"*" 
 violation of the penal laws, and collected from forfeited recog-finc*- 
 nizances in said court shall be subject to the payment of the fees 
 of the Solicitor General, and the Clerk and Sheriff, and other 
 officers of said court, in criminal cases ; and the Solicitor Gen- 
 eral, Clerk, and Sheriff, and other officers bringing the money officers 
 into court shall be entitled to have their insolvent'bills paid first, minoy fnto 
 and then the bills of former Solicitors, Clerks, and Sheriffs, and'""'^ 
 other officers shall be paid according to priority ; but no bill 
 remaining unpaid for a longer time than four years* shall take any 
 part of said fund. 
 
 § 4867. It shall be the duty of the Justices of the Peace, and :^"*"<=<"'^ 
 
 .1 . . . *' „ . . , . , ' ">e Peace- 
 
 other persons exercising the powers of magistrates within the city '"s power. 
 
 of Savannah, to commit or place under bonds all persons charged 
 with misdemeanors committed within the jurisdictional limits of 
 the city of Savannah, or elsewhere, and within the special juris- 
 diction of said City Court, for trial before the City Court of 
 Savannah, instead of the Superior Court ; and if any such case 
 be returned to the Superior Court, the Judge thereof is hereby 
 empowered to order said case transferred for trial to said City 
 Court ; and all bonds and other papers forming said record shall 
 be deemed and considered as valid and binding as if returned in 
 the first instance to said City Court ; and it shall be the duty of 
 the Solicitor General to prosecute all such cases in the said City 
 Court; and in all such cases of misdemeanor returned to the 
 Superior instead of said City Court, the Magistrate so returning 
 
9oG APPENDIX. — Laws in reference to the City of Savannah. 
 
 Article 10. — City Court of Savannah. 
 
 the same shall forfeit all co.sts and charges in the same ; nnd such 
 Magistrate, so acting, may, besides, be attached and punished as 
 for contempt in said Superior or City Court. 
 Pea^ewar- R 4808. All pcuce Avarrants and bonds to keep the peace taken 
 
 rants and . '\-,, , '■ ini ^ ■ ^• ^ \ r~, ,■ ■ 
 
 bonds. in Chatham county shall 1)0 returned immediately to the Solicitor 
 General of the Eastern District, or, in his absence from said 
 county, to the Clerk's office of the said City Court of Savannah, 
 and also all >varrants and bonds for offences cognizable by said 
 City Court; and said Solicitor General shall, at every term of 
 said City Court, lay such warrants and bonds before the Judge 
 thereof, who may then examine into any such case ; and if it shall 
 appear to him in any case, from the papers or other evidence to 
 be presented by the prosecution, that there is no real ground for 
 such warrant or bond, or commitment under such warrant, or that 
 the security recjuircd is too large, or too small, then he may annul 
 such warrants, cancel such bond, relieve from such commitment, 
 order less or more security, and compel the prosecutor to pay all 
 cost and expenses, as in his discretion may seem proper ; and 
 such Judge may, in any such case, and other eases of prosecution 
 before said court, where it shall ap])ear to him that corruption or 
 gross oppression has been practiced by any Justice of the Peace 
 in said county, compel such Justice to pay all the costs and jail 
 fees, and other expenses, in such case ; and he shall cause such 
 Justice to be bound over to the Superior Court, to answer for such 
 malpractice. 
 
 Jury fees. ^ 48G0. For ovei'v verdict rendered in a civil cause in said court, 
 the jury fees shall be one dollar, to be paid by the party taking 
 such verdict. And in every case where the plaintiff may be lia- 
 
 Attorneyiift ble for costs, and resides beyond the civil jurisdictional limits of 
 
 — whcn.*^**^ said court, judgment for such costs may be entered up against the 
 plaintiff's attorney of record. 
 
 Clerk and § 4870. Exccpt wlicrc Otherwise cxprcssly provided in this Code, 
 the costs to be allowed the Clerk and Sheriff, and other officers of 
 said court, shall be the same as those allowed for similar services 
 in the Superior Court of Chatham county ; and the provisions of 
 this section shall apply as well to special as to regular terms of 
 said court. 
 
 Insolvent § 4871. Tlic laws of the State in relation to insolvent debtors 
 
 •lebtors and ji-ti 
 
 their dis- and their discharge, shall apply to said court, where any person 
 c argc. ^^^ ^^ arrested by process issuing out of it ; but all suggestions 
 
 of fraud in said court must be tried by a jury. 
 Balance due § 4872. "Where the balance due a "defendant shall exceed the 
 
 defendant. ..,..„, 
 
 jurisdiction of the court, defendant may have judgment to the ex- 
 tent of the jurisdiction, and may afterwards sue for the amount 
 of excess beyond the sum so by him recovered, 
 pwucf ^ 4873. The Judge of said court may make rules of practice 
 
 for the same, not in conflict Avith the general laws of the State ; 
 and, in all cases of fees to officers where such general laws do not 
 strictly apply, he may by rule or order of court, fix such fees by 
 analogy to the general law. 
 
APPENDIX. — Laws in reference to the City op Savannah. 967 
 
 Article 11. — Justices of the Peace and Justices' Court. 
 
 § 4874. Continuances in said court shall be regulated by the^^"""""""" 
 general law applicable to other courts of record of the State. 
 
 § 48To. The keeper of the common iail in Chatham county, •{«ii"r-hi.s 
 
 1 11 ^ 1 f • ^ ^- ^ y ' iluties speci- 
 
 sliall, at every regular term oi said City Court, return to the ficd. 
 Judge thereof, a jail calendar, containing the name of every white 
 prisoner therein, the time and cause of commitment, the name of 
 the committing Magistrate, or Magistrates, and the place where 
 the alleged offence, or other cause of detention, may have oc- 
 curred ; and if, in any case, it shall appear to him that there is no 
 good cause for the imprisonment, he may discharge such prisoner 
 on such terms as such Judge may order ; but such Judge shall 
 have no power to discharge any person committed for contempt of 
 a Court of record, or by authority of the Confederate States, or any 
 person regularly committed on charge of a capital offence. 
 
 § 4870. The'^Sheriff of said City Court shall, at the opening of ^,'T'^« , . 
 
 , ,, 1T1 • 1 ^ " statement to 
 
 every reguhir term, hand to the Judge a just and true statement <tuJsc. 
 of all moneys received by said Sheriff from fines and forfeited 
 recognizances, the amount paid out by him, and the account on 
 which the same was paid, together Avith a statement of the bal- 
 ance on hand ; and the Judge may order any balance paid into 
 the registry of courr, or deposited in some safe place of keeping, 
 subject to the future order of the court. 
 
 § 4877. Whenever, in any case, the said court shall be author- ^'""^T'' ^, 
 izeu to sentence a person to imprisonment, such imprisonment may, 
 as part of the sentence of the court, be in any work-house estab- 
 lished by the city authorities of Savannah ; and the Judge may 
 sentence such prisoner to work in such place, or to work on the 
 streets of Savannah, under the direction of tlie city authorities. 
 
 ARTICLE XL 
 
 JUSTICES OF TEIE PEACE AND JUSTICES' COURT. 
 
 Section. i Section. 
 
 4878. Civil Jurisdiction. 1 4882. Bail. 
 
 4879. Juclgmcnt lirst term. | 4883. Special jurisdiction. 
 
 4880. PrtilT and deft may be sworn. J 4884. Costs— by whom paid. 
 
 4881. Prosecutions vs. persons of color ! 
 
 §4878. The civil jurisdiction of eacli of the Justices of the <'.ivn jurii- 
 Peace for the first, second, tliird, nnd fourth districts, shall extend ''""""■ 
 over the whole of said districts, and two miles from the corporate 
 limits of the city of Savannah as established by law, and each of 
 the Justices for the aforesaid districts ma}^ take cognizance of, 
 award judgment, and issue process of execution in all cases of 
 debt or contract not exceeding the amount of a Justice's jurisdic- 
 tion, where the defendant may reside in any of said districts, in 
 the same manner as if the defendant resided in the district of the 
 
958 APPENDIX. — Laws in reference to the City of Savannah. 
 
 Article 11. — Justices of the Peace and Justices' Conn. 
 
 Justice issuing such process ; but such Justices are hereby re- 
 quired to hold their courts, and keep their offices, within the lim- 
 its of the districts for which they are respectively elected. 
 judgmeot R 4879. In every suit brouo;ht in any of the Justices' Courts in 
 
 first term. . , , . . . , *' , i u i i *^ i ^ n i 
 
 said districts, judgment shall be rendered at the first term, unless 
 
 the defendant shall enter an appearance, and file a plea in writing ; 
 
 and whenever the defendant shall enter such appearance and file 
 
 otherwise if guch plca at the first term, the case shall be placed on the Jury 
 
 (I pica DO-' I'll T 1 T 1 "l 
 
 filed docket, and tried by a Jury at the succeeding term, unless good 
 
 cause be shoAvn for a continuance. 
 piainiiff .ind § 4880. In cvory case before any of the Justices' Courts for 
 may both be said districts, in which the plaintiff' shall be admitted to prove his 
 when"" own account by his own oath, it shall be lawful for the defendant 
 to be sworn and give his testimony in defence, upon making affi- 
 davit that he has no other testimony which it is in his power to 
 procure to disprove the justice of the account; and the defendant 
 may always prove his set-off by his own oath, in every case where 
 the plaintiff might prove a similar demand by his oath. 
 I'rosccutiou s 4881. "Whenever a prosecution shall be entered against a slavf 
 slave or free or frcc pcrson of color, for an offence not punishable with death, 
 color."" within the limits of any of the aforesaid districts, it shall be the 
 duty of the magistrate before whom such prosecution is instituted, 
 witliin forty-eight hours after the filing of the affidavit, to draw 
 from the jury-box of his district the names of seven persons, any 
 five of whom shall constitute a jury to try said slave or free per- 
 son of color; and if the jury shall return a verdict of not; guilty, 
 then the slave or free person of color shall be discharged ; and if 
 the jury shall find a verdict of guilty, then, and in that case, the 
 magistrate shall proceed to pronounce the sentence, having regard 
 in his sentence to any recommendation which the jury may make 
 as to the mode or extent of punishment. 
 ''"'' § 4882. In every such case of prosecution, the slave or free per- 
 
 son of color, shall be admitteil to bail by the magistrate, at any 
 time before conviction, or after conviction, where a certiorari is 
 applied for, upon good security in a reasonable sum being tendered 
 to the magistrate, for the appearance of such slave or free person 
 of color to abide the final decision of the cause. 
 diculmof ''' § -1883. All civil plaints or suits, or matters in dispute or diffei- 
 .histice. ence, which, by the provisions of this Code applicable to the City 
 Court of Savannah, would (if the amount in dispute or difference 
 were within the jurisdiction of said Court) authorize the Judge of 
 said City Court to hold special or extraordinary courts for the 
 trial thereof, the amount whereof shall not, in any one case, ex- 
 ceed the jurisdiction of a Justice of the Peace, may be tried by 
 any Justice of the Peace for that part of the county of Cliatham 
 embraced within the corporate limits of the city of Savannah, or 
 within the said first, second, third, and fourth districts, under the 
 same restrictions as to petition, notice, affidavit, and other modes 
 of procedure, set forth in said provisions, as far as such modes of 
 
APPENDIX. — Ordinance of Secbssion. 059 
 
 Ordinance of Secession. 
 
 procedure may be made to conform to proceedings in Justices' 
 Courts ; and all and every process issued by any Justice of the 
 Peace, by authority hereof, shall be served by any lawful consta- 
 ble of any of said districts ; and every such case shall be deter- 
 mined by a jury of five, to be drawn instanter from the jury-box 
 of said Magistrate, which jury shall be i^ummoned to appear for 
 the trial of said action, or matter in dispute, or difference, Avithin 
 forty-eight hours from the time of issuing the process ; and the 
 costs shall be the same as in other trials in Magistrates' Courts. 
 
 § 4884. No person who may be discharjied by a magistrate or ^'^'^^^—^>y , 
 
 • n r -IT- f f rr' • _ whom paid 
 
 magistrates oi any of said districts, for want of sumcient cause oi 
 commitment, shall ever be compelled to pay any part of the costs 
 of prosecution or examination. 
 
 § 4885. No Code or system of laws which may be passed by 
 the General Assembly at its present or any adjourned session, 
 shall be construed to repeal- or modify any of the provisions of 
 this Act, unless such provisions shall be specially named or re- 
 ferred to ; and all Banking, Commercial, Religious, Charitable, 
 Literaiy, Military, and other Charters and incorporations, and 
 privileges, and exemptions, good and valid in law^, and existing or 
 operative in the city of Savannah and county of Chatham at the 
 time of passing any such Code or system, and not expressly su- 
 perseded thereby, arc hereby expressly saved and confirmed, and 
 the terms and provisions of this Act shall be construed as though 
 they were part and parcel of such Code or system of laws, in case 
 such Code or system shall be passed as aforesaid.* 
 
 THE ORDINANCE OF SECESSION 
 To dissolve the Union between the State of Georgia and other 
 States united with her under a compact of Government entitled 
 "the Constitution of the United States of America." 
 § 4886. We, the people of the State of Georgia, in Convention 
 assembled, do declare and ordain, and it is hereby declared and 
 ordained : That the ordinance adopted by the people of the State 
 of Georgia in Convention on the second day of January in the 
 year of our Lord seventeen hundred and eighty-eight, whereby 
 the Constitution of the United States of America was assented to, 
 ratified and adopted ; and also all acts and parts of acts of the 
 General Assembly of this State ratifying and adopting amend- 
 ments of the said Constitution, are hereby repealed, rescinded and 
 abrogated. 
 
 §4887. We do further declare and ordain. That the Union now 
 subsisting between the State of Georgia and other States, under 
 the name of the " United States of America," is hereby dissolved, 
 and that the State of Georgia is in the full possession and exer- 
 cise of all those rights of sovereignty which belong and appertain 
 to a free and independent State. 
 
 *NoTE. — For the law in relation to Seamen, Mariners, and Apprentices, see Part 
 Isl, Title 16, Chapter 1, Art. 2., page 291. 
 
960 APPENDIX. — The Constitution of the State of Georgia. 
 
 Article 1. — Declaration of Fundamental Principles. 
 
 THE CONSTITUTI,ON OF THE STATE OF GEORGIA, 
 
 As amended by the State Convention, at Savannah, on the 23i Bai/ of 
 3farch, and submitted to, and ratified by, a Vote of the People of Geor- 
 gia, on the first Tuesday in July, 1S61, and duly proclaimed by Mis 
 Excellency, the Governor of the State. 
 
 Article 1. Declaration of fundamental principles 
 
 Article 2. Legislative department. 
 
 Article 3. Executive department. 
 
 Article 4. Judicial department. 
 
 Article 5. Miscellaneous provisions. 
 
 ARTICLE I. 
 
 DKCL VRATIOX OF FUNDAMENTAL PRINCIPLES. 
 
 ^lovern- 
 
 lllCIlt. 
 
 May bo al- 
 ti'reil. 
 
 Skation. 
 
 4888. Should be well understood. 
 
 4889. May be altered— when. 
 
 4890. Withholding protection. 
 
 4891. Life, liberty, and property. 
 
 4892. ^.labeas Corpus. 
 
 4893. Arms— right to keep. 
 
 4894. No religious test. 
 
 4895. Freedom of speech, «S:c. 
 489G. Aj^peal and petition. 
 
 4897. For every right a remedy. 
 
 4898. Persons charged with offences. 
 
 4899. Life or liberty. 
 4000. Ci)rniption of blood. 
 4901. Excessive "bail. 
 
 j Section. 
 
 I 4902. Execution of the laws. 
 
 4903. Legislative acts void — -.vhcu. 
 
 4904. E.r ])ont facto ]{iv;&. 
 490."). Operation of laws. 
 
 4906. Taxation. 
 
 4907. Private wa^'s. 
 
 4908. Searches and seizures 
 4009. :Martial law. 
 
 4910. Standing armies. • 
 
 4911. Soldiers, quartering o.'. 
 
 4912. Imprisonment lor debt. 
 
 4913. Inherent rights not denied. 
 
 4914. Declaration not to be violated. 
 
 § 4888. 1. The fundamental principles of free government 
 cannot be too well under.stood, nor too often recurred to. 
 
 § 4889. 2. God has ordained that men shall live under govern 
 ment ; but as the forms and administration of civil government are 
 in human, and therefore fallible, hands, they may be altered or 
 modified whenever the safety or happiness of the governed re- 
 quires it. No government should be changed for light or tran- 
 sient causes, nor unless upon reasonable assurance that a better 
 will be established. 
 
APPENDIX. — Cox8TiTUTiuN OF THE State OV CtEORGIA. 961 
 Article 1. — Declaration of Fundamental Principles. 
 
 § 4890. 3. Protection to' person and property is the duty of oovern- 
 governmcnt; and a government ■whicn knowmgly and persis- holding pa- 
 tently denies or withholds from the governed such protection/'"''''"'"' 
 when within its power, releases tlicm from the obligation of obe- 
 dience. 
 
 § 4891. 4. No citizen shall l)e deprived of life, liberty, or i>i,c procew 
 property, except by due process of law: and of life or liberty, "^''''^" 
 only by the judgment of his peers. 
 
 § 4892. 5. The writ of '^Habeas Corjms'' shall not be sus- Habeas cor- 
 pendcd, unless, in case of rebellion or invasion, the public safety p'"- 
 may require it. 
 
 § 4893. 6. The right of the people to keep and bear arms Keeping amd 
 shall not be infringed. arm""^ 
 
 § 4894. 7. No religious test shall be required for the tenure Religious 
 of any office ; and no religion shall be established by law ; and no *^-'- 
 citizen shall be deprived of .any right or privilege by reason of 
 his religious belief. 
 
 §4895. 8. Freedom of thought and opinion, freedom of Freedoms 
 speech, and freedom of the press, are inherent elements of politi- •■'""^•''' '^'®- 
 cal liberty. But while every citizen may freely speak, write and 
 print, on any subject, he shall be responsible for the abuse of the 
 liberty. 
 
 § 4896. 9. Tlie right of the people to appeal to the courts ; to AppeaUnd 
 petition government on all matters of legitimate cognizance ; ^'^ ^ 
 and peaceably to assemble for the consideration of any matter 
 df public concern — shall never be impaired. 
 
 § 4897. 1 0. For every right, there should be provided a remedy ; Remeiics. 
 asd every citizen ought to obtain justice w^ithout purchase, with- 
 «ut denial, and without delay — conformably to the laws of the 
 land. 
 
 § 489S. 11. Every person charged with an offence against the c«iir.»ei fw- 
 laws of the State shall have the privilege and benefit of counsel : cu»«d. 
 
 Shall be furnished, on demand, with a copy of the accusation, 
 and with a list of the witnesses against him : 
 
 Shall have compulsory process to obtain the attendance of his 
 own witnesses : 
 
 Shall be confronted with the witnesses testifying against him : 
 and 
 
 Shall have a public and speedy trial by an impartial jury. 
 
 §4899. 12. No person shall l3e put iii jeopardy of life or lib- jeopardy ©r 
 erty more than once for the same offence. ' " |y" "'" ^^^•*" 
 
 §4900. 13. No conviction shall work corruption of blood, orForfeitur««f 
 general forfeiture of estate. '®'°**' 
 
 § 4901. 14. Excessive bail shall not be required ; nor excessive Bail 
 lines imposed ; nor cruel and unusual punishments inflicted. 
 
 §4902. 15. The power of the courts to punish for contempt contempts, 
 shall be limited by Legislative Acts. 
 
 §4903. 16. A faithful execution of the laws is essential toExeouti««»f 
 good order; and good order in society is essential to liberty. «>«iaws. 
 
 €1 
 
96*2 APPENDIX. — CoNSxrruTioN of the State of Geokgia. 
 
 Article 1. — Declaration of Fundamental Principles. 
 
 T^gisiative § 4904. 17. Legislative xVcts in violation of the fundamental 
 ^«t»jj^''^'^-]aw are void; and the Judiciary Bhall so declare them. 
 Expostfac- §4905. 18. iIItf^w675/ar'/;o laws, and laws impairing the obli- 
 u> laws. o-ation of contracts, and retro-active legislation injuriously affect- 
 mo- the right of the citizen, are prohibited. 
 opmti.n cf §4900, 19. Laws should have a general operation; and no 
 iBw&-grn- freneral law shall be varied in a prticular case by special Legisla- 
 tion ; except with consent of all persons to be affected thereby. 
 Taxation- § ^'>'*'«'- 20. The right of taxation can be granted only by the 
 objoft of. people : and shall be exercised only to raise revenue for the sup- 
 port of government, to pay tlie public debt ; to provide for the 
 common defence, and for such other purposes as are specified in 
 the grant of powers. .^^--^^ 
 
 Private §4908. 21. In cases of necessity, private ways may be granted 
 
 ^"J"^ upon I'ust compensation being first paid ; and with this excep- 
 tion, private property sliall not be taken except for public use ; 
 and then, only npon just compensation ; such compensation, 
 except in cases of pressing necessity, to be first provided and 
 paid. 
 
 §4909. 22. The riglit of the people to be secure in their per- 
 
 peMo«7 " sons, houses, papers and effects, against unreasonable 6earche| 
 
 'wrchcs *ni and seizures, shall not be violated ; and no warrant shall issue 
 
 -«i/nro?. ^-j^^^ upon probable cause, supported by oath or affirmation, and 
 
 particularly describing the place or places to be searched, and the 
 
 persons and things to be seized. 
 
 § 4910. 23. ]'ilartial law shall not be declared, except in case8 
 of extreme necessity. 
 
 §4911. 24. Large standing armies in time of peaee, are ^aa- 
 Bdts. ' gerous to liberty. 
 
 § 4912. 25. No soldier shall, in time of peace, be tiuartered 
 r»o)(iim». j^'j^i^y house without the consent of the owner : nor in time of 
 
 war, but in a manjier prescribed by law. 
 iffli>ri».n- §4913. 2(1. The person of a debtor shall not be detained in 
 ment. prisou aftcr delivering io7ia jUle all his estate for the use of hk 
 ereditors. 
 
 § 4914. 27. The enumeration of rights herein contained shall 
 rights" not be con!-trued to deny to the people any inherent right* wkieh 
 they have hitherto enjoyed. 
 
 §4915, 28. This declaration is part of this Constrtntion, and 
 plrt'of'coS- slia^i never fee violated on any pretence whatever. 
 
 Miu-tisl law. 
 
 ^ifABiliii: 
 
 ^tituHoii. 
 
APPENDIX. — Constitution of the State of Georgia. 9(MI 
 
 Article 2. — Legislative Department. 
 
 ARTICLE II. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section I, 
 
 >i;CTio.v. [Sectiox. 
 
 4916. Departments distinct. 4920. Disqualification of member?. 
 
 •<917. Logi.slativc Power. 4921. Persons convicted of felony. 
 
 491 S. Time of mcetinc:. j 4922. Holder of public monc.y. 
 
 4019. Compensation of members. | 
 
 §491G. 1. The Legislative, E.xecutivc and Judicial depart- Dep^t- 
 ments, shall be distinct ; and each department shall be conlided "ovem*' 
 to a separate body of magistracy. Xo person or collection of ™p"' 
 persons, being of one department, shall exercise any power 
 properly attached to either of the others ; except in cases herein 
 expressly provided. 
 
 § 4917. 2. Tlie Legislative power shall be vested in a General General As- 
 Assembly, wliich sliall consist of a Senate and House of Reprc- "'"*''^" 
 gentatives. 
 
 § 4918. 3. The meeting of the General Assembly shall be Ti«« .f 
 annual, and on the first Wednesday in November, until such day J^J,",',^^ 
 of meeting shall be altered by law. A majority of each House 
 i^hall constitute a ojuorum to transact business; but a smaller 
 number may adjourn from day to day, and compel tlio attend- 
 ance of their members in such manner as each House shall 
 ]-vrescribe. No session of the General Assembly shall continue 
 lor more than forty days, unless the same shall be done by a rot*> 
 o*L two-thirds of each branch thereof. 
 
 §4919. 4. The compensation of the members and officers «fi>«.rof«e« 
 the General Assembly shall be fixed by law, at the first session ^*"- 
 subsequent to the adoption of this Constitution: and the same 
 shall not l>e increased so as to affect tlie compensation of the 
 members or oiiieers of the Assembly by which the increase is 
 adopted 
 
 §4920. 5. No persott liolding any military eoiuinission or i)is,„aiiioi 
 other appointment, having any' emolument or compensation *',"^?'"'^ •"•"'" 
 annexed thereto, under this State or the Confederate States, or *"* 
 either of them, (^except Justices of the Inferior Court, Justices 
 of the Peace and oflicers of the militia), nor any defaulter for 
 public meney. or for legal taxes required of him, shall have a seat 
 in either branch of the General Assembly ; nor shall any Senator 
 ur lleprcsentative, after his qualification as such, be elected to 
 a»y office or appointment by the General Assembly having any 
 emoluments or compensation annexed thereto, during the time 
 for which he shall have been elected. 
 
 §4921. 6. No person convicted of any felony before any c«iiri,i<.< 
 Court of this State, or of the Confederate States, shall be eligible "^ *'""^- 
 
1964 APPENDIX. — Constitution of the State of Geokgia. 
 
 Article 2. — Legislative Department. 
 
 to any office ov appointincnt of lionor, profit or trust, \vitliin thih 
 
 State, 
 ••iieetors § 4922. T. No pcrsoii who is a collector or holder of public 
 •f pubiid 2iioTiey, shall be eligible to any office in this State, until the same 
 
 is accounted for and paid into the Treasury 
 
 SECTION II. 
 
 SlCTlOK. 
 
 4923. Number of Senators. 
 
 4924. Qualification of Senators. 
 
 Sectiok. 
 492.'i. President of the Senate. 
 492G. Impeachments — bovr tried. 
 
 44 Senator!. § 4923. 1. Thc Scnatc shall consist of forty-four members. 
 
 "•'*•''•""''• one to be chosen from each senatorial district, which district shall 
 be composed of throe contiguous counties. If a new county is 
 establislied, it shall be added to a district which it adjoins until 
 there shall be another arrangement of the senatorial districts. 
 The senatorial districts shall not be changed except -when a new 
 census shall have been taken. 
 
 (}m«iMM«cB § 4924. 2. No person shall be a Senator who shall not have 
 attained to thc age of twenty-five years, and be a citizen of thc 
 Confederate Siates, and have been for three years an inhabitant 
 ©f this State, and for one year a resident of the diibtrict from 
 which he is choi^en. 
 
 §4925. 3. The presiding ofiicer «hall be styled the President 
 of thc Senate, and S'-^^ ^'( r^,■,■:n^ ,.;,- m^, from their ow» 
 body. 
 
 § 4926. 4. The Senaic si::i:i hiivc tuu tulc power to try all ia- 
 peachments. When sitting for that purpose, they shall be on oath 
 or afiirmation ; and no person shall be convicted without thc con- 
 currence of two-thirds of the members present. Judgment, in 
 cases of impeachment, shall not extend further than removal froia 
 office and disqualification to hold and enjoy any office of honor, 
 profit or trust within this State ; but the party convicted shall, 
 nevertheless, be liable and subject to indictment, trial, judgmtat 
 »nd punishment according to law. 
 
 ]'ro»id»nt. 
 
 
 SECTION III. 
 
 SlOTION 
 
 4927. House of Representativca. 
 
 4928. Qualification of members. 
 4a29. Speaker — bow chosen. 
 
 SECTioir. 
 
 4930. Sole power of impeachmsnt. 
 
 4931. Bills for revenue, Ac 
 
 
 xambcr .f § 4927. 1. The House of Representatives shall be composed 
 ■eabart. ^^ foUows I The thirty-scvcn counties having the largest repre- 
 sentative population shall have two Representatives each. Every 
 
APPENDIX. — Constitution of the State of Georgia. 965 
 
 Article 2. — Legislative Department. 
 
 jthor county shall have one Representative. The designation of 
 the counties having two Representatives shall be made by the 
 Oeneral Assembly immediately after the taking of each census. 
 
 § 4928. 2. No person shall be a Representative who shall not Quautc«ti«t 
 have attained to the age of twenty-one years, and be a citizen of 
 the Confederate States, and have been for three years an inhabi- 
 tant of this State, and for one year a resident of the county 
 which he represents. 
 
 § 4929. o. The presiding officer of the House of Representa- speaker, 
 tives shall be styled Speaker, and shall lie elected viva voce from 
 their own body. 
 
 § 4930. 4. They shall have the sok- p<,>wer to impeach all per- impcach- 
 sons who have been or may be in office. 
 
 §4931. 5. All bills for raising revenue, or appropriating mo-iiovenneand 
 ney, shall originate in the House of Representatives ; but the tk.uT^"*' 
 Senate may propose or concur in amendments, as in other bills. 
 
 SECTION lY. 
 
 Sectiox. i Section. 
 
 40:?2. I'owers of each Houdc. 
 
 4937. By whom signed. 
 
 40.;:!. May punish for contempts. 
 
 4938. Adjournments. 
 
 •!).')4. Members free from arrest. 
 
 4939. Oath of members. 
 
 1035. Journal of Proceedings. 
 
 4940. Yeas and Nays. 
 
 4PnG. Bill.-i — liow passed. 
 
 
 §4932. 1. Eacli House sliall be tlie judge of the election re- EUctkm lo- 
 turns and qualilieations of its own meuibers ; and shall haveJ'"^\\fl*"tfon 
 power to punish tlieui for disorderly behavior or misconduct, by "^ "nembers. 
 censure, fine, imprisonment or expulsion ; but no member shall 
 be expelled except by a vote of two-thirds of the House from 
 which he is expelled. 
 
 §4933. 2. Each House may punish, by imprisonment not contempts, 
 extending beyond the session, any person not a member, who 
 shall be guilty of a contempt, by any disorderly behavior in its 
 presence ; or who, during the session, shall threaten injury to 
 the person «>r estate of any member, for anything said or done 
 in either House ; or who shall assault any member therefor ; or 
 who shall assault v>r arrest any witness going to or returning 
 therefrom ; or who shall rescue, or attempt to rescue, any per- 
 son arrested by order of either House. 
 
 §4934. 3. The members of both Houses shall be free fromAnest of 
 arrest during their attendance on the General Assembly, and in '"^•°'*^*"*- 
 going to and returning therefrom, except for treason, felony, or 
 breach of the peace. And no member shall be liable to answer, 
 in any other place, for anything spoken in debate in either House. 
 
 §4935. 4. Each House shall keep a journal of its proceed- journal kept 
 •ings, and publish them immediately after its adjournment. Thel'iVTe!^ 
 
f 66 APPENDIX. — CoNSTiTTJTioN OF THE State of Georgia. 
 
 Arti!ele 2. — Legislative Department. 
 
 yeas and nays of the members on any question shall, at the de- 
 sire of one-tiftli of the members present, be entered on the jour- 
 nals. The original journals shall be preserved (after publica- 
 tion") in tlie oifice of the Secretary of State : but there shall he 
 no other i-eeord thereof. 
 Read ja. ark §493(5. 5. Every bill, before it sliall pa&s, shall be read three- 
 itKe\evtx- times and on three separate and distinct days in each House, un- 
 late iays. |ggg j^^ cascs of actual iuvasion or insurrection. jSTor shall any 
 law or ordinance pass which refers to more than one subject 
 matter, or contains matter different from what is expressed va 
 the title thereof. 
 MiMtbo §4:98<r. 0. All Acts shall be signed by the President of the- 
 
 wg^e^ Senate and the Speaker of the House of liepresentatives ; and 
 no bill, ordinance, or resolution intended to have the effect of' 
 law, which shall have been rejected by either House, shall be 
 again proposed under the same or any other title, without the 
 consent of two-thirds of the House by whicli the same was re- 
 jected. 
 Adj«Hu-B- § 4938. 7. Neither House shall adjourn for more than thret^ 
 
 days, nor to any other place, without the consent of the other ; 
 and in case of disagreement between the two Houses, on a ques- 
 tion of adjournment, the Governor may adjourn them. 
 •iti* §4939. 8, Every Senator and Representative, before taking, 
 
 his seat, shall take an oath or affirmation to support the Consti- 
 tution of the Confederate States and of tliis State ; and alsc-. 
 that he hath not practiced any unlawful means, either directly 
 or indirectly, to procure his election. And every person convic- 
 ted of having given or offered a bribe, shall be disqualified froni 
 serving as a member of either House for the term for which he- 
 was elected. 
 Totes lequi- § 'i^^'^K 9. Whenever this Constitution recjuires an Act to be 
 thw*"^"" P<'^ssed by two-thirds of both Houses, the yeas and nays on the 
 passage thereof shall be entered on the journals of each. 
 
 SECTION Y. 
 
 ^ 
 
 Segtiox. Section'. 
 
 4941. Powers of the General Assembly. ! 4944. Learning and science-appropria'av 
 
 4942. New counties — how made. ' 4945. May pardon or commute. 
 
 4943. Census — how taken. 
 
 General As- § 4941. 1. The General Assembly shall have power to make 
 
 bombiy. ^]i la^g j^j^(j ordinances, consistent with this Constitution and 
 
 not repugnant to the Constitution of the Confederate States, 
 
 which they shall deem necessary and proper for the welfare of 
 
 the State. 
 
 New coHH- § 4942. 2. They may alter the boundaries of counties, and 
 
 *^ lay- off and establish new counties; but every bill to establish 
 
APPENDIX. — Constitution of the State of Georgia. 967 
 
 Article 2. — Legislative Department. 
 
 a new county shall be passed by at least two-thirds of the mem- 
 l»ers present, in each branch of the General Assembly. 
 
 § 4943. 3. They shall provide for the taking of a census or <■*"»"*• 
 enumeration of the people of this State, at regular decades of 
 years, commencing at such times as they may prescribe. 
 
 §4944. 4. The General Assembly shall have power to appro- Learning 
 propriate money for the promotion of learning and science, and""'' ''^'«"'^*- 
 to provide for the education of the pe(»ple. 
 
 § 4945. 5. The General Assembly shall have power by a voteparjon or 
 of two-thirds of each branch, to grant pardons in cases of final n°™"t^o". 
 eotnviction for treason, and to pardon or commute in cases of final '^^''■''* ^''*''- 
 conviction for murder. 
 
 SECTION YI. 
 
 SfiOTiON. ! Section. 
 
 494G. Corporate powers not to be granted. I 49-18. Donations — how granted. ♦ 
 
 4947. Money — liow drawn from treasury. | 4949. Tax for internal improvements. 
 
 §4946. 1. The General Assembly shall have no power to jjo power t* 
 grant corporate jiowers and privileges to private companies, ex- fjfj^jjg*'*""^'*' 
 cept to banking, insurance, railroad, canal, plank road, naviga- 
 tion, mining, express, lumber, and telegraph companies ; nor to 
 make or change election precincts ; nor to establish bridges and 
 ferries ; nor to change names, or legitimate children ; but shall 
 by law ]>rescribe the manner in which such power shall be exer- 
 cised by the courts. But no bank charter shall be granted or 
 extended, and no Act passed authorizing the suspension of specie 
 payment by any chartered bank, except by a vote of two-thirds 
 of each branch of the General Assembly. 
 
 § 4947. 2. No money shall be drawm from tlie treasury of Drawing 
 this State, except by appropriation made by law; and a regular J"^"^'4i^.J!* 
 statement and account of the receipt and expenditure of all pub- 
 lic money shall be jiublished from time to time. 
 
 § 4948. 3. No vote, resolution, law or order shall pass, grant- Don.atiens 
 iag a donation or gratuity in favor of any person, except by the [^^J'j^^j.^^^ 
 concurrence of two-thirds of the General Assembly. ^"t''- 
 
 § 4949. 4. No law shall be passed by which a citizen shall be internal iiu- 
 compelled, directly or indirectly, to become a stockholder in, or P"'^e'»^'^- 
 contrilnite to a railroad or other work of internal improvement, 
 without his consent ; except the inhabitants of a corporate town 
 or city. This provisioii shall not be construed to deny the power 
 of taxation for the pur])ose of making levees or dams to prevent 
 the overflow of rivers. 
 
968 
 
 APPENDIX. — Constitution of the State of Georgia. 
 
 Article 2. — Legislative Department. 
 
 SECTION YII. 
 
 Sectiox. 
 
 4950. Importation of negroes. 
 
 4951. From slavc-holdiu); States. 
 
 Section'. 
 
 40.")2. Emancipation of slaves. 
 I 4953. Killing or maiming a slave. 
 
 Impertation 
 of negroes. 
 
 From slave 
 States. 
 
 Bmanelpa- 
 tion of 
 slaves. 
 
 Killinp or 
 loaimlug a 
 slave. 
 
 § 4950. 1. Tlie importation or introduction of negroes from 
 any foreign country, other than the slave-liolding States or Ter- 
 ritories of tlie United States of America, is forever prohibited. 
 
 §4051. 2. Tlie General Assembly ma}' prohibit the introduc- 
 tion of negroes from any State ; but they shall have no power to 
 prevent immigrants from bringing their slaves with them. 
 
 § 4952. 3. The General Assembly shall have no power to pa88 
 laws for the emancipation of slaves. 
 
 ^ 4953. 4. Any person who shall maliciously kill or maim a 
 slave, shall suffer such punishment as would be iiillicted in case 
 the like oiTenfc h:-id been comuiittcd on a free white person. 
 
 AKTICLE III. 
 
 EXRCUTIVI-: DEP.'i RTMKXT. 
 Sectiox I. 
 
 G»v«rnor 
 ahoaen for 
 tTTo Tears. 
 
 Section. 
 
 4954. (.iovcruor — '.L-nn of office. 
 
 4955. Election — wlj.n and how held. 
 495G. Qualification. 
 
 Bleetitn by 
 liw people. 
 
 ■>ECT10X. 
 
 4957. Vacancy — how IiUcd. 
 
 4958. Oatli. 
 
 §4954. 1. TIio e.Kecutive power shall be vested in a Gov- 
 ernor, who shall hold his office during the term of two years, and 
 until such time as a successor shall be chosen and qualitied. He 
 shall have a competent salary ti.xed by law, which shall not be 
 increased or diminished during the period for which he shall 
 have been elected; neither sliall he receive, within that period, 
 any other emolument from the Confederate States, or either of 
 them, or from any foreign jjower. 
 
 ^ 4955. 2. The Governor shall be elected by the persons quali- 
 fied to vote for inembers of the General Assembly, on the first 
 Wednesday in October, in the year of our Lord, 1861 ; and on 
 the first Wedneeday in October, in every second year thereaf- 
 ter, until such time be altered by law; which election shall be 
 held at the places of holding general elections, in the several 
 counties of this State, in the "manner prescribed for the election 
 of members of the General Assembly. The returns for every 
 election of Governor shall be sealed up by the managei-s, sepa- 
 rately from other returns, and directed to the President of the 
 Senate and Speaker of the House of Representatives, and trans- 
 mitted to the Governor^ or the person exercising the duties of 
 
APPENDIX.— Constitution of the State of Geokoia. *69 
 
 Article 3. — ExeciUivc Department. 
 
 i'TOvernor for the time being; who shall, without opening the 
 said retiiriip, cumo tlie same to be laid before the Senate, on the 
 day after the two houses shall have been organized ; and tlioy 
 shall be transmitted by the Senate to the House of Kcprescnta- 
 tives. The members "of each branch of the Creneral Assembly 
 shall convene in the Representative chambsr, and the President 
 of the Senate, and the Speaker of the House of Representatives, 
 shall open and publish the returns in presence of the General 
 Assembly; and the person having the inajority of the whole 
 number of votes given in, shall be declared duly elected Gov- 
 ernor of this State ; but if no person have such majority, then 
 from the two persons having the highest number of votes, who 
 shall be in life, and shall not declinc'an election at the time ap- 
 pointed for the Legislature to elect, the General Assembly shall 
 immediately elect a Governor viva voty; and in all eases of elec- 
 tion of a Governor by the General Assembly, a majority of the 
 votes of the members present shall be necessary for a choice. 
 Contested elections shall be determined by both Houses of the 
 General Assembly, in such manner as shall be prescribed by 
 iaw. 
 
 § 4956. o. Xo person shall be eligible to the office of ( iovernor uis qu»iifl- 
 who shall not have been a citizen of the Confederate States •^''"«"- 
 twelve years, and an inhabitant of this State six years, and who 
 hatb not attained the age of thirty years. 
 
 § 4957. 4. In case of the death, resignation, or disability of the vacancy- 
 Governor, the President of tlu; Senate shall ex-ercise the execu- ^"^'' <"'"'^'^- 
 t.ive powers of the goverunicnt until such disability be removed, 
 or a successor is elected and qualified. And in case of the death, 
 resignation, or disability ot the President of the Senate, the 
 Speaker of the House of Representatives shall exercise the ex- 
 ecutive power of the government until the removal of the dis- 
 ability or the election and qualification of a (jovernor. 
 
 § 4958. 5. The Governor shall, before he enters on the duties tj„^^. 
 of his oiiice, take the fallowing oath or affirmation :^ "I do"^t'>- 
 solemnly swear or aflirm (as the case may be,) that I will faith- 
 fully execute the office of Governor of the State of Georgia ; and 
 will, to the best of my abilities, pre.-orve, protect and defend the 
 constitution thereof.'' 
 
 ' Govornor'* 
 
 SECTION II. 
 
 SECTION. 
 4959. Stylo. 
 
 -I960. Pardoning power of Governor. 
 1961. Writs of election — special sessions. 
 iQG2. Filling vacancie.«. 
 -19<}3. Pcrst>ns once rcjeeiod by tlio Senate. 
 
 Section". 
 496-i:. Yeto power. 
 •49G5. As to resolutions. 
 49G6. State House offices. 
 4967. Great Seal. 
 ■196S. Governor's Secretaries. 
 
S7* APPENDIX. — Constitution of the State of Georgia. 
 
 Article 3. — Executive Department. 
 
 ii^rttuwt § 4959. 1. The Governor shall be Commander-in-Chief of the- 
 '**^"' army and navy of this State, and of the militia thereof. 
 
 Hi*pa.d«... §*49f)0. 2. He shall have power to grant reprieves for offences 
 )»f j»Qwer. j^gaiiipt the State, except in cases of impeachment, and to grant 
 pardons, or to remit any part of a sentence, in all cases after 
 conviction, except for treason or murder, in which cases he may 
 respite the execution, and make report thereof to the next Gen- 
 eral Assembly. 
 »iiMUiMue § 4961. '^. He shall issue writs of elections to fill vacancies 
 w« • •• '•'^- ^Ijjj^^. }^appen in the Senate or House of RepresentatiTcs. and shall 
 have power to convene the General Assembly on extraordinary 
 occasions; and shall give them, from time to time, information of 
 the state of the republic, and recommend to their consideration 
 such measures as he may deem necessary and expedient. 
 fMyiLULu- § 4962, 4. When any office shall become vacant by deaths 
 *****"•*"**• resignation, or otherwise, the Governor shall have power to fill 
 such vacancy, unless otherwise provided for by law : and persons 
 so appointed shall continue in office until a successor is appointed 
 agreeably to the mode pointed out by this Constitution, or by law 
 in pursuance thereof. 
 AffMUteM § 4963. f). A person once rejected by the Senate shall not be 
 t2i*g^4^tc^ re-appointed by the (Jovernor to the same office during the same- 
 session or the recess tliereafter. 
 HSaiwwiTtn § 4964. 6. The Governor shall have the revision of all bilN 
 luatiog passed by both Houses, before the same shall become laws; but 
 two-thirds of each House may pass a law, notwithstanding his 
 dissent ; and if any bill should not be returned by the Governor 
 within five days (Sundays excepted) after it has been presented to 
 him, the same shall be a law, unless the CJeneral Assembly, by 
 their adjournment, shall prevent its return. He may approve a^y 
 appropriation and disapprove any other appropriation in the same 
 bill, and the latter shall not be effectual unless passed by tw.>- 
 thirds of each House. 
 h»j»6«i8re- § 4965. 7. Evcry vote, resolution, or order, to which the ocn- 
 •«hiti«n«. currence of both Houses may be necessary, except on a question 
 of election or adjournment, shall l>e presented to the Governor, 
 and, before it shall take effect. l)e approved by him, or, being dis- 
 approved, shall be re-passed by two-thirds of each House, accord- 
 ing to the rules and limitations prescribed in case of a bill. 
 R^a^owr.r uf § 4966. 8. There shall be a Secretar}^ of State, a Comptrol- 
 ^{.•^^J"^*" ler General, a Treasurer, and Surveyor General elected by tiie 
 ij^/rar ^^'-^'it'ral Assembly, and they shall hold their ofiices for the like 
 period as the Governor, and shall have a competent salary, which 
 shall not be increased or diminished duiing the period for which 
 they shall have been elected. The General Assembly may at any 
 time consolidate any two of these offices, and require all thft 
 duties to be discharged by one officer. 
 
APPENDIX. — CoNS-nrcTioN of the State of Georgia. 97i 
 
 Article 3. — Executive Department. 
 
 § 4967. 0. The great seal of the State shall be .leposited in Great^^aai^^ 
 the office of the Secretary of State, and shall not be affixed to 
 any instrument of writing but by order of the Governor or Gen- 
 eral Assembly ; and the General Assembly shall, at their first 
 session, after the rising of this Convention, by law cause the great 
 seal to be altered. . , 
 
 § 4968. 10. The Governor shall liave power to appoint his^;;^™*'^ 
 own Secretaries, not exceeding two in number. 
 
 ARTICLE lY. 
 
 JUDICIAL DEPARTMENT. 
 
 Section I. 
 
 SacTiox. .Section. 
 
 1969. Judicial power. j 4971. Jurisdictiou of Supreme Court. 
 
 4»70. Suprome Court. I 4972. Cases— how and when disposed oi". 
 
 §4969. 1. The judicial powers of this State shall bevested junsdi.fc.n. 
 in a Supreme Court for the correction of errors, a Superior, In-' ***'*'"• 
 ferior. Ordinary and Justices' Courts, and in such other courts as 
 have been or may be established by law. 
 
 §4970. 2. The Supreme Court shall consist of three Judges, orgaui/A- 
 who shall be appointed by the Governor with the advice and con- **""• 
 sent of two-thirds of the Senate, for such term of years as shall 
 be prescribed by law, and shall continue in office until their suc- 
 ceasors shall be appointed and qualified, removable bv the Gov- 
 ernor on the address of two-thirds of each branch of the Gen- 
 eral Assembly, or by impeachment and conviction thereon. 
 
 § 4971. 3. The said Court shall have no original jurisdiction, s^^^^.H*;^ 
 but shall be a court alone for the trial and correction of errors in Ja''r.[fii^fi»n, 
 law and equity from the Superior Courts of the several circuits, 
 and shall sit at least once a year, at a time ]u-escribcd by law, in 
 each of one or more judicial districts, designated by tlie (Tcneral 
 Assembly for that purpose, at such point in each district as shall 
 \y the General Assembly be ordained, for the trial and determi- 
 nation of writs of error from th© several Superior Courts included 
 in such judicial districts. 
 
 §497'^ 4. The said court shall dispose of and finally deter- case* u^^u 
 
 c 111 !• 1 1, J.1 4:; Z at tno nrH 
 
 mine every case on the docket 01 such court at tlie nrst or sec- term. 
 ond term after such wTit of error brought ; and in case the plain- 
 tiff in error shall not be prepared at the first term of such court 
 after error brought, to prosecute the case, unless precluded by 
 some Providential cause from such prosecution, it shall be strick- 
 en from the docket, and the judgment below shall stand af- 
 firmed. 
 
972 APPENDIX. — Constitution of the State of Georgia. 
 
 Article 4. — Judicial Departmont. 
 
 SECTION II. ' 
 
 Sectiox. iSectiox. V 
 
 4973. Judges of Iho Supremo Court. I 497!t. May correct errors, &e. 
 
 4974. Jurisdiction ill divorce cases. : 4930. Ma}' issue writs of mandamus, &o. 
 
 4975. In criminal cases. I 4981. Superior and Inferior Courts. 
 
 4976. Criminal cases — where tried. | 4982. Joint oljligor.«:, &c. 
 
 4977. Respecting titlo.^ to land. j 4983. Maker and endorser. 
 
 4978. Appellate jurisdiction. ! ■i^S4. Sessions of tlic Sup'r ami Infr c'ts. 
 
 ^uperiar §4973. 1.. TliG Judgt'S ol" tlio Superior Courts shall bo ap- 
 
 ^^''^ ^"*'^''- pointed ill the same manner as Judges ol" the Supreme Court 
 from the circuits in which they are to serve, for the term of four 
 years, and shall continue in office until their successors shall be 
 appointed and (pialitied, removable l)y the Governor on the ad- 
 dress of two-thirds of each branch of the General Assembly, or 
 by impeachment and conviiition thereon. 
 Jurisdiction §-19 7-1. 2. Thc Superior Court shall liavc exclusive jurisdic- 
 indiTorco. tion in all cases of divorce, both total and partial; but no total 
 divorce shall be granted, except on the concurrent verdicts of 
 two special juries. In each divorce case, the court shall regu- 
 late the rights and disabilities of the parties. 
 In criminal § 4975. 3, Tlic SupcHor Court shall also have exclusive juris- 
 **""*■ diction in all criminal cases, except as relates to peojile of color, 
 
 iines for neglect of duty, contempts of court, violations of road 
 laws, and obstructions of water courses, jurisdiction of which 
 shall be vested in such judicature or tribunal as shall be or may 
 have been pointed out by law ; and except in all other minor of- 
 fences committed by free white persons, and which do not subject 
 the olfender or oti'enders to loss of life, limb or member, or to 
 confinement in the penitentiary ; in all such cases, corporation 
 courts, such as now exist, or may hereafter be constituted, in 
 any incorporated city or town, may be vested with jurisdiction, 
 under such rules and regulations as the Legislature may hereaf- 
 ter by law direct, 
 vor.nt. § 4970, 4. All criminal cases shall bo tried in the county 
 
 where the crime was committed, except in cases where a jury 
 cannot be obtained. 
 K«»pe«ting § "1:977. 5. Tlic Supcrior Court shall have exclusive jurisdic- 
 rrUv^toiaiui. fiQi^ ill all cascs respecting titles to land, which shall be tried in 
 the county where the land lies. And also in all equity causes 
 which shall be tried in the county where one or more of the de- 
 fendants reside, against whom substantial relief is prayed, 
 4ppeiiaiu §4978. G. It siiall have appellate jurisdiction in all such ca- 
 .lunsdiciioB. ges as may be provided by law. 
 
 Mayooma §4979. 7. It shall havc powcr to corrcct errors in inferior ju- 
 *rn>rj. dicatoi'ies bv writ of ceiiinrarL and to jtrant new trials in the 
 Superior Court on proper and legal grounds. 
 
APPENDIX. — Constitution of the State of Geokqia. 
 
 973 
 
 Article 4. — Judicial Department. 
 
 §4980. 8. It shall have power to issue writs of mandamus, writs of 
 prohibition, scire facias^ and all other writs which may be ne- "'*"^*""*- 
 cessary for carrying its powers fully into effect. 
 
 §4981. 9. TheSuperior and Inferior Courts shall have oon-po»«^tBt 
 current jurisdiction in all other civil causes ; which shall be tried ^"^'^ 
 in the county where the defendant resides. 
 
 §4982. 10. In cases of joint obligors, or joint promissors or joint ob«- 
 co-partners, or joint trespassers residing in different counties, ^'"■*' 
 the suit may be brought in either county. 
 
 §4983. 11. In case of a maker and endorser or endorsers of Maker s»«i 
 })romissory notes residing in different counties in this State, the *''^<'"^'- 
 same may be sued in the county where the maker resides. 
 
 § 4984. 12. The Superior and Inferior Courts shall sit in each BessSoB*. 
 county twice in every year, at such stated times as have been or 
 may be appointed by the General Assembly. 
 
 SECTION III. 
 
 Secttqn. 
 4985. Judges' salaries. 
 498G. States' Att'y and Sol'r General. 
 4087. Justices of the Inferior Court. 
 
 Section. 
 4088. Justices of the Peace. 
 4989. Ordinary — election and duties. 
 
 § 4985. 1. The Judges shall have salaries adequate tq their ser- «»!»»••. 
 vices fixed by law, which shall not be diminished during their 
 (continuance in office ; but shall not receive any other perquisites 
 or emoluments whatever, from parties or others, on account of 
 any duty required of them. 
 
 § 4986. 2. There shall be a State's Attorney and Solicitors >u»«»i.s 
 appointed in the same manner as the Judges of the Supreme url*'**'*'' 
 Court and commissioned by the Governor ; who shall hold their 
 offices for the term of four years, or until their successors shall 
 be appointed and qualified, unless removed by sentence on im- 
 peachment, or by the Governor, on the address of two-thirds of 
 each branch of the General Assembly. They shall have salaries 
 adequate to their services fixed by law, which shall not be dimin- 
 ished during their continuance in office. 
 
 §4987. 3. The Justices of the Inferior Courts shall be elec- jK«i«M •r 
 ted in each county by the persons entitled to vote for members cowt^*^**' 
 of the General Assembly. 
 
 §4988. 4. The Justices of the Peace shall be elected in each juBtiwe *f 
 district by the persons entitled to vofe for members of the Gen- *^* ^•***' 
 eral Assembly. 
 
 § 4989. 5. The powers of a Court of Ordinary and of Pro- ordiiiMy- 
 bate, shall be vested in an Ordinary for each county, from whose d«^^,'^' "** 
 decisions there may be an appeal to the Superior Court, under 
 regulations prescribed by law. The Ordinary shall be ex officio' 
 Clerk of said court, and may appoint a deputy clerk. The Or- 
 
9T4 APPENDIX. — Constitution of the State of Georgia. 
 
 Article 4. — Judicial Department. 
 
 dinary, as Clerk, or his deputy, may issue citations and grant 
 temporary letters of administration, to hold until permanent let- 
 ters are granted ; and said Ordinary, as Clerk, or his deputy, may 
 o-rant marriaire licenses. The Ordinaries in and for the respee- 
 tive counties' shall be elected, as other county officers are, on the 
 lirst Wednesday in January, 1861, and every fourth year there- 
 after and shall be commissioned by tlie Governor for the term 
 of four years. In case of any vacancy of said office of Ordi- 
 nary, from any cause, the same shall bo tilled by election, as is 
 provided in relation to other county officers, and until the same 
 is filled, the Clerk of the Superior Court for the time being shall 
 act as Clerk of said Court of Ordinary. 
 
 ARTICLE V. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section". 
 
 4994. Militia and county officer?. 
 
 4995. Constitution — how amended. 
 
 4996. "When Constitution shall take efTcM. 
 
 V (»t<'r.«.. 
 
 Sbotion. 
 
 4990. QuaUtication of voters. 
 
 4991. Elections by the Legislature. 
 
 4992. Elections by the people. 
 
 4993. Civil officers — term of office. 
 
 § 4090. 1. The electors of members of the General Assembly 
 shall be free white male citizens of this State ; and shall have 
 attained the age of twenty-one years ; and liave paid all taxes 
 which may have been required of them, and which they have 
 had an opportunity of paying, agreeably to law, for the year 
 preceding the election : and shall liave resided six months within 
 tlic district or county. 
 v;uci.i«sby §4991. 2. All elections, by the General Asserablj^ shall be 
 the L*^?ia- ^^,^ y(j(^^^ and when the Senate and House «f Representatives 
 unite for the purpose of electing, they shall meet in the Repre- 
 sentative chamber, and the President of the Senate shall in such 
 cases preside, and declare the person or persons elected. 
 
 § 4992. 3. In all elections by the people, the electors shall 
 vote by ballot, until the General Assembly shall otherwise direct. 
 (•4viu«ocrs §4:993. ^- All civil officcrs sluiU coutinuc iu the exercise of 
 the duties «f their several offices, during the ])eriods for which 
 they were appointed, or until they shall be superceded by ap- 
 pointments made in conformity with this Constitution ; and all 
 laws now in force shall continue to operate, so far as^ they arc 
 compatible w^ith this Constitution, until they shall expire, be al- 
 tered or repealed ; and it shall be the duty of the General As- 
 sembly to pass all necessary laws and regulations for carrying 
 this Constitution into full effect. 
 Miiids M.i § 4994:. 5. All militia and county officers shall be elected by 
 county «ffi-the people in snch manner as the General Assembly mav by law 
 direct. 
 
 liv- lh« ft 
 l.le. 
 
APPENDIX. — Constitution of the State of Gbor&ia. 9fB 
 
 Article 5. — Miscellaneous Prorisions. 
 
 §4995. 6. This Constitution shall be amended only by a eon- Amni- 
 ^'ention of the people called for that purpose. ^wH^tiM 
 
 §4996. 7. This Constitution shall not take effect until the Tb** tok** 
 teame is ratified by the people. And to this end, there shall ij^ '"'*''*-''**» 
 an election held at all the places of public election in this State, 
 •on the first Tuesday in July, 1861, when all the citizens of this 
 State entitled to vote for Governor, shall cast their ballots either 
 for "Ratification"' or "^o Ratification." The election shall be 
 conducted in the same manner as general elections, and the re- 
 turns shall be made to the Governor. If a majority of the votes 
 cast shall be for "Ratification," the Governor shall, by procla- 
 mation, declare this Constitution adopted by the people. But 
 if for "No Ratification," that fact shall be proclaimed by the 
 Governor, and this Constitution shall have no cff'ect whatever. 
 
 Done in Convention of the Delegates of the people of the 
 State of Georgia, at Savannah, on the 23d day of March, in the 
 year of our Lord eighteen hundred and sixty-one. 
 
 THE CONSTITUTION OF THE CONFEDERATE STATE6 
 
 OF AMERICA, 
 
 As adopted hy the Proviswnal Congress, at Montaomery^ in th^ 
 State of Alahama, 07i tJie llth day of March^ tn tJi^ year of 
 our Lord. 1861, for the permanent Federal Governm&nt of 
 the Confederate States of America ; and adopted and ratified 
 hy a unanimous vote of the Convention of the State of Geoi^- 
 tlia, at Savannah, on the lUh day of March ^ in theyearof our 
 Lord, 1S61; «nd hy said Convention resolved that said Con- 
 ^Utnition hepuhlisJied m pan^t of the Cod'e of Gmrgia. 
 
 We, the people of the Confederate States, each State actin^r 
 m its s©vereio;n and independeiat character, in order to form a 
 permanent Federal Government, establisli justice, insure domes- 
 tie tranquility and secure the blessings of liberty to ourselves 
 ami our posterit}^— involdn^^ the favor and guidance of Almighty 
 God — do ©rdain and establisk this Constitutioa for the Confede- 
 rate States of America. 
 
d7i APPENDIX. — Constitution of the Confedekate States. 
 
 Article 1. — Legislative Department. 
 
 AliTlCLE 1. 
 Aktigle 2. 
 Akticle 3. 
 Article 4. 
 
 iillTICLE 5. 
 
 ' Akticle 6. 
 Article 7. 
 
 Legislative Department. 
 Executive Department. 
 Judicial Department. 
 Eelative Rights of tlie States. 
 Amendments — how made. 
 Miseellaneoua Provisions, 
 llatitication. 
 
 ARTICLE I. 
 
 LKOISLATIYE DEPARTM?:NT. 
 
 .SKCTioy. 
 
 -1997. LegiKlatiTO powers — where vested. 
 ■r.)98. House of RoprcRoiitativca. 
 •1990. (Jualificatioii oC iiifnilK?r8. 
 
 5000. Apportioninont of. 
 
 5001. Vaouncios — how fiUcd. 
 
 6002. Ofticcrs — Power itf Impeachment. 
 TiOOS. Senate; how chosen. 
 r.004. Classed ; vae^in-Mos. , 
 
 5005. Qunlilicatiou. j 
 
 0006. Vico Prcsideiil. j 
 
 5007. Other officers. j 
 
 500S. Trial of InipeachmcuU. 
 i009. Judgments on. j 
 
 3010. Klections; h.ow held. '[ 
 
 iOll. Meeting of Congress. ! 
 
 3012. Klections; how judg«d. • 
 
 f.013. Rules. ; 
 
 iOU. Journals, yuia and naju. i 
 
 "•015. Adjourumeuts. 1 
 
 JOlti. Compensation; pririlegM. 
 J017. Not eligible to office. j 
 
 5018. Revenue bills. 1 
 
 .■5019. Passing bills; veto. I 
 
 .■)020. Passing resolutions, ±c. | 
 
 5021. Powers of Congress; taxes. ( 
 
 5022. Loans. j 
 
 5023. Commerce. 
 
 5024. Naturalization ; bankruptcy. 1 
 
 5025. Coin, weights and measurea. \ 
 
 5026. Counterfeiting; punishment. j 
 
 5027. Post Offices and Roads. j 
 
 5028. Science and Arts. 
 
 .^039. Coiu-te. ■ 
 
 Section. 
 
 5030. Piracies. 
 
 5031. Declaration of "War. 
 5032 Raise Armies. 
 5033. Maintam Navy. 
 503-1. Land and Naval fnrcos. 
 5035 Call out Militia. 
 
 .Mt;;(;. 'jr^MniiMtion of 
 ."'1-7. Jnii-ilir:ion over Di.strict. 
 5038. Laws, nocrssary and proptr. 
 f)03U. Importiition of slaves. 
 5040. From Sluve Stales. 
 
 5011. Habeas Cofjnu. 
 
 5012. Attainder; K»post/a«it, Jet. 
 
 5043. Direct Tar. 
 
 5044. Eiportatiou duty. 
 
 5045. Preference. 
 
 5046. Money; how drawn. 
 
 5047. Appropriations. 
 "5048. Bills for appropriations. 
 
 5049. Titl.'S of Nobility. 
 "5050. No established religiom. 
 
 5051. Arms; right to keep. 
 
 5052. Soldiers. 
 
 5053. Unreasonable searches. 
 
 5054. Persons accused of offenw*. 
 
 5055. TriaL 
 
 5050. Trial by jury. 
 
 5057. Bad. 
 
 5058. Title of laws. 
 
 5059. Limitations on Statas. 
 50G0. Imports and duties. 
 506L Tonnage Duties, kt. 
 
APPENDIX. — CoNsmTTTON of the Confedkrate States. 977 
 
 Anide 1. — Legislntive Department. 
 
 SECTION I. 
 
 § 4097. All legislative powers herein delegated shall he vested Loswintive 
 in a Congress of the Confederate States, wliich shall consist of a''"""^' 
 Senate and House of Representatives. 
 
 SECTION II. 
 
 § 4998. 1. The House of Representatives shall be composed of r.^frcwntv 
 menibers chosen every second year by the people of the several 'hosT^.'"'* 
 States; and the electors in each State shall be citizens of thep','jj,^J'^"y;,. 
 Confederate States, and have the qualifications requisite for elec-i*"*- 
 tors of the most nmneroU'^ branch of the State Legislature ; but 
 no person of foreign birth, not a citizen of tlie Confederate 
 States, shall be allowed to vote for any officer, civil or political, 
 State or Federal. 
 
 §4999. 2. No person shall be a Representative, who shall *"^!"'""''-""'^ 
 not have attamed tlie age oi twenty-nve years, and be a citizen 
 of the Confederate States, and who shall not, when elected, be 
 an inhabitant of that State in wli'ch he shall be clu^sen. 
 
 §5000. 3. Representatives and Direct Taxes shall be appor- Apportion- 
 tioned among the several States which may be included within ];j;;;^'[);f^g^ 
 this Confederacy, according to their respective numbers, which 
 Bhall be determined, by adding to the whole number of free per- 
 sons, including those bound to service for a term of years, and 
 excluding Indians not taxed, three-lifths of all slaves. The ac- 
 tual enumeration shall be made within three years after the first 
 meeting of the Congress of the Confederate States, and within 
 every subsequent term of ten years, in such manner as they 
 shall, by law, direct. The number of Representatives shall not 
 exceed one for every fifty thousand, but each State shall have at 
 least one Representative ; and until such enumeration shall be 
 made, the State of South Carolina shall be entitled to choose six 
 — the State of Georgia ten — the State of Alabama nine — the 
 State of Florida two — the State of Mississippi seven — the State 
 of Louisiana six. and the State of Texas six. 
 
 § 5001, 4. When vacancies happen in the representation from vacanci«». 
 any State, the Executive authority thereof shall issue writs of 
 election to fill such vacancies. 
 
 §5002. 5. The House of Representatives shall choose their sp^ker and 
 Speaker and other officers; and shall have the sole power of jm- "''""""'"*"'* 
 peachinent ; except that any judicial or other federal officer, 
 resident and acting solely within the limits of any State, may be^.^^'*^* 
 impeached by a vote of two thirds of both branches of the Leg- 
 islature thereof. 
 
978 APPENDIX. — Constitution of the Confederate States. 
 
 Article 1 — Legislative Department. 
 
 SECTIOIS^ III. 
 
 Senators- §5003. 1. The Senate of the Coiit'ederate States t^liall be 
 how chosp.n. (;onj])osed of two Senators from each State, ehosen for six years 
 by tlie Legislature thereof, at the reg:nlar session next immedi- 
 ately preceding tlie commencement of the term of service ; and 
 each Senator shall have one vote. 
 Senators— ^5004. 2. Immediately atVcr they shall be assembled, in con- 
 how classed, gg^^^j^^j^^.j, ^J^^ ^\^^, j[j.,^ clcctioTi, tlicj sliall be divided as equally as 
 may be into tliree classes. The seats of the Senators of the first 
 class shall be vacated at the ex[)iration of the second yejir; of the 
 second class at the expiration of the fourth year; and the third 
 class at the expiration of the sixth year; so that one-third may 
 be chosen every second year ; and if vacancies iiappen by resigna- 
 tion, or otherwise, during tlie recess of the Legislature of any 
 Vacancies— State, the Executive thereof may make temporary appointments 
 until the next meeting of the Legislature, which shall then till 
 such vacancies. 
 Qnaiificntion $> 50(>5. 8. No pcrsou sliall bc a Senator who shall not have 
 ofsonntors. attained the age <»f thirty years, a!id be a citizen of tlic Confed- 
 erate States; and who shall not. when elected, be an inhabitant 
 uf the State for which he shall be chosen. 
 Vice Pripi- ^ 500(». 4. The Vice President of the Confederate States shal] 
 ''*''"" be President of the Senate, but shall have no vote, unless they be 
 
 equally divided. 
 Maychnose j^ oOOT. 5. Tlic Senate sliall cliousc thciv other ofticoFS ; aiid alsft 
 Ttrs! "^' ^ President p/'o tinnporc in the absence of the Vice President, or 
 when he shall exercise the office of President of the Confederate 
 States. 
 Trial or im J; 5008. (). Thc Senate shall have the sole power to try all im- 
 piachinints. p^..^^,i,,,i(3],t ,;, Wlicu sitting fof that purpo-o, they sliall bo on 
 oath or aliinnHrioii. When the President of the Confederate 
 States is tried, the Chief Justice shall ]»reside; and no person 
 shall be convicted wiihout the concurrence of two-thirds of the 
 memliers present. 
 jucipnK'nt (noOOO. ". ,] udiTment, in cases of impeachment shall not ex- 
 •meat. tciid iurthor than to removal irom oiiice, and d!^>qualincation to 
 
 hold and enjoy any ottice of honor, trust or ])rotit, under the Con- 
 federate States; but the i>arty convicted shall, nevertheless, be 
 liable and subject to indictment, trial, judgment, and pnnish- 
 metit accordino; to law. 
 
 SECTION IV. 
 
 § 5010. 4. The times, places, and manner of holding elections 
 
 %»w'hfid. f^,!- Senators and Representatives, shall be prescribed in eack 
 
 State by the Legislature thereof, subject to the provisions of thii 
 
 EleetioTis 
 
APPENDIX. — Cox3TiTunoN of the CoNfrirDBRATE Stateb, 973 
 
 Article 1. — Legislative Department. 
 
 Constitution ; but the Congress may, at any time, by law, make 
 or alter pufh regulations, except aa to the times and places of 
 choosing Senators. 
 
 § 5011. 2. The Congress shall assemble at least once in every oonsrets 
 vear: and ^iucli meeting shall he on the iirst McMiday in Decern- "'ijUnJItSS^ 
 her, unless they t*h:ill, by law, appoint a dilFerent day. 
 
 SECTIOX V. 
 
 § 5012. 1. Each House shall l)e the judge of the elections, re- Eieewom*- 
 tnrns and qualifications of its own members, and a majority ofli^iige^"* 
 each shall constitute a quorum to do business; Init a smaller num- 
 ber may adjourn from day to day, and may be authorized to com- Q"*'"™'- 
 pel the attendance of absent members, in such manner and under 
 such penalties as each House may provide. 
 
 § 5013. 2. Each House may deterinitie the rules of its pro- k«>i««- 
 ceedings, punish its members for disorderly behavior, and, with 
 the concurrence of two-thirds of the whole Tiumber, expel a mem- 
 l)er. 
 
 §5014. 3. Each House shall keep a journal of its proceed- j»«d»»u. 
 ings, and from time to time publish the same, excepting such 
 parts as may, in their judgment require sccresy ; and the yeas 
 and nays of the members of either House, on any question, shall, Xft"*,""* 
 at the desire of (»ne- fifth of those present, be entered on the 
 journal. 
 
 ^5015. 4. Xeither House, during the session of Congress, A<ijanrw- 
 shall. without the consent of the otiier, adjourn for more tl'.an """"'*• 
 three days, nor to any other place than that in which the two 
 Houses shall besittiiiir. 
 
 SECTION Vl. 
 
 s^oOlf^. 1. The Senators and Representatives shall receive a i;<»miK.n:*R 
 compensation for their services, to be ascertained l)y law, and paid """■ 
 out of the treasury of the Confederate States. They shall, in all 
 cases, except treason, felony, and breach of the peace, be privileged 
 from arres-t during their attendance at the session of their respec- pvee fr«>m 
 tive Houses, and in going to and returning from the same; and'"''''^'- 
 for any speech or debate in either House, they shall not be ques- 
 tioned in any other place. 
 
 § 5017. 2. !No Senator or Representative shall, during the Members 
 time for which he was elected, be appointe<l to any civil office "d'oa^ 
 under the authority of the Confederate State-, which shall have 
 V)cen created, or the emoluments whereof" shall have been in- 
 creased during such time; and no person holding any office under 
 the Confederate States shall be a member of either House duriug 
 
&80 APPENDIX. — Constitution of the Confederate States. 
 
 BcTeam 
 
 iBm«. 
 
 7<ito. 
 
 Article 1. — Legislative Department. 
 
 his continuance in office. But Cony;ress may, by law, grant to 
 the principal officers in each of the Executive Departments a seat 
 upon the floor of either House, witli the j)rivilege of didcussiug 
 any measures appertaining to his department. 
 
 SECTION VII. 
 
 §5018. 1. All bills for raising revenue shall originate in the 
 House of Representatives ; but tiie Senate may propose or con- 
 cur with amendments as on other bills. 
 Pft-sins § 5019. 2. Every bill which shall have passed l)oth Houses, 
 
 shall, before it becomes a law, be presented to the President of 
 the Confederate States; if he apj)rove, he shall piL':n it; but if 
 not, he shall return it with his objections to that House in which 
 it shall have originated, wlio shall enter the objections at large 
 on their journal, and proceed to reconsider it. If, after such re- 
 consideration, two-thirds of that House shall agree to pass the 
 bill, it shall be sent, together with the objections, to the other 
 House, by which it shall likewise be reconsidered, and if ap- 
 proved by two-thirds of that House, it shall become a law. But 
 in all such cases, the votes of both Houses fhall be determined by 
 yeas and nays, and the names of tlie persons voting for and 
 against the bill shall be entered on the journal of eacli House 
 respectively. If any bill shall not be returned by the President 
 within ten days (Sundays excepted) after it shall have been pre- 
 sented to him', the same shall be a law, in like manner as if he 
 had signed it, unless the Congress, by their arljournment, prevent 
 its return ; in which case it sliall not be a law. The President 
 may ap[)rove any a])propriation and disapprove any other appro- 
 priation in the same bill. In such case he shall, in signing the 
 bill, designate the appropriations disapproved ; and shall return 
 a copy of such appropriations, with his objections, to the House 
 in wliich the bills shall have originated ; and the same proceed- 
 ings shall then be had as in case of other bills disapproved by 
 the Prjsident. 
 owl«r^^^«>. §5020. 3. Every order, resolution or vote, to which the con- 
 -ho^p^; currence of both Houses may be necessary (except on a question 
 •^ of adjournment) shall be presented to the President of the Con- 
 
 federate States ; and before the same shall take effect, shall be 
 approved by him ; or being disapproved by him, shall be re- 
 passed by two-thirds of both Houses according to the rules and 
 limitations prescribed in case of a bill. 
 
 SECTION VIII. 
 
 The Congress shall have power — - 
 
 § 5021. 1. To lay and collect taxes, duties, imposts, and ex- 
 
APPENDIX. — Constitution of the Confederate States. 981 
 
 Article 1. — Lef^slaiive Department. 
 
 •cises, for revenue necessary to pay the debts, provide for the com- p<.u-r ..f 
 mon defence, and carry on the Government of the Confederate uxX'**" 
 States ; but no bounties shall be granted from the treasury ; nor 
 sliall any duties or taxes on importations from foreign nations bo 
 laid to promote or foster any branch of industry; and all duties, 
 imposts and excises shall be uniform throughout the Confederate 
 States : 
 
 § 5022. 2, To borrow money on the credit of the Confederate Loan,. 
 States : 
 
 § 5023. 3. To regulate commerce with foreign nations, and comment. 
 among the several States, and with the Indian tribes; but neither 
 this, nor any other clause contained in the Constitution, shall 
 ever be construed to delegate the power to Congress to appro- 
 priate money for any internal improvement intended to facilitate 
 commerce; except for the purpose of furnisliing lights, beacons, 
 and buoys, and other aids to navigation upon tlie coasts, and the 
 improvement of liarbors and the removing of obstructions in 
 river navigation, in all which cases, such duties sliall be laid on 
 the navigation facilitated thereby, as may be necessary to pay 
 the costs and expenses thereof: 
 
 ^ 5024. 4. To establish uniform laws of naturalization, and NatnrftiiM- 
 nnil'orm laws on the subject of bankruptcies, throughout the 
 Confederate States, but no law of Congress shall discharge any Bankruptcy, 
 •debt contracted before the passage of the same: 
 
 §5025. 5. To coin money, regulate the value thereof and ofor^in money 
 foreign coin, and fix the standard of weights and measures: uroV'''"''^ 
 
 §502G. 6, To provide for the punishment of counterfeiting r^„.tcrfeft. 
 the securities and current coin of the Confederate States: metu''""'*''' 
 
 § 5027. 7. To establish post offices and post routes ; but the i'y»t uaaox 
 expenses of the post office department, after the first day of 
 March, in the year of our Lord eighteen hundred and sixty- 
 three, shall be paid out of its own revenues: 
 
 §5028. 8. To promote the progress of science and useful science nmi 
 arts, by securing for limited times to authors and inventors the*""^ 
 exclusive right to their respective writings and discoveries : 
 
 §5029, 9. To constitute tribimals inferior to the Supreme ooohb. 
 Court : 
 
 §5030. 10. To define and punish piracies and felonies com-Pir»ciofc 
 mitted on the high seas, and offences against the law of nations: 
 
 §5031. 11. To declare war, grant letters of marque and re- ^**'''" '^• 
 prisal, and make rules concerning captures on land and water : 
 
 §5032. 12. To raise and support armies; but no appropria-iutaomooer 
 tion of money to that use shall be for a longer term than two 
 years : 
 
 §5033. 13. To provide and maintain a navy : vmj. 
 
 § 5034. 14. To'^ make rules for the government and regulation unrian<ina- 
 of the land and naval forces : vairaroc. 
 
 ,§ 5035. 15. To provide for calling forth the militia to exe- muiu^ 
 
982 APPENDIX. — Constitution ok the Confederate States. 
 
 Article 1. — Legislative Department. 
 
 cute tlie laws of the Confederate States, suppress insurrectionfe, 
 and repel invasions : 
 •rgwaizatioi j> oOol). !♦'). To providc foi' or<;aiii2ing, arming, and disciiv 
 ofaiiuiia. Jininf; tlic militia, and for governiii<r sncli part of them as may 
 be emi)loyed in the service of tlic Confederate States, reserv- 
 ing to the States respectively, the nppointnK^nt of the officers, 
 and the anthority of training the militia according to the discip- 
 line prescribed by Congress : 
 Kx«insi*> §5037. 17. To exercise exclusive legislation, in all cases 
 Bmdi.tion. whatsoever, over such district (not exceeding ten miles square) 
 as may, by cession of one or more States and the acceptance of 
 Congress, l)ecome the seat of the (Tovernment of the Confede- 
 rate States ; and to exercise like authority over all places pur- 
 chased by tlie consent of the Legislature of the State in which 
 tiie same shall be, for the erection of forts, magazines, arsenals, 
 dock-yards, and other needful buildings : and 
 ^ „ §5038. 18. To make all laws which shall be necessary and 
 
 Sa Euuke all •> , . . , , . ill 
 
 nw» w.c**- proper tor carrying into execution the loregoing i»owers, and all 
 '"'^' other powers vested by this Constitution in the government of 
 
 the Confederate States, or in any department or otiicer thereof. 
 
 SECTION IX. 
 
 i»iK)ruiioa §5039. 1. The importation of negroes of the African race, 
 of ii«a;r<K». f^y,,^ jiny foreign country, other than the slavcholding States or 
 Territories of the United States of America, is hereby forbid- 
 den ; and Congress is reipiirod to pass such laws as shall effectu- 
 ally prevent the same, 
 From m«u« ^5010. 2. Congress shall also have power to jirohibit the iu- 
 •r Terriio troductiou of shivcs froui any State not a member of, or Ti^rritorj 
 
 not belonging to this Confederacy. 
 ffaieawr- ^5041. 3. The privilege of the Writ of habeas corpua shall 
 '^*' not be suspentled, unless when in cases of rebellion or invasion 
 
 the ])nl)lic safety may require it. 
 AitiiiBdoi— vj 5042. 4. Xo bill of attainder, f.cjjoJii facto law. or law de- 
 J^iuwi"^'"" nying or iiiqtairing the right of property in negro slaves shall be 
 
 passed. 
 ■Vox. § 5043. 5. Xo capitation or other direct tax shall be laid, un- 
 
 less in ]>roportion to the census or enumeration hereinbefore di- 
 rected to bo taken. 
 Esporiaiion. § 5044. G. X'o tax or duty shall be laid on articles exported 
 
 from any State, exce[>t by a vote of two thirds of both Houses. 
 Preference, § 5045. 7. Xo preference shall be given by any regulation of 
 commerce or revenue to the ports of one State over those of an- 
 other. 
 Mo»*y-ii<»w §50-tr). 8. Xo money shall be drawn from the treasury, but 
 drawu. ill consequence of appropriations made by law ; and a regular 
 
APPENDIX. — CoNSTiTU-noN of the Confederate States. 988 
 
 Article 1. — Legislative Department. 
 
 statement and account of the reccij'ts and expenditures of all 
 public money shall he puhlislicd fnun time to time. 
 
 §5047. ii. Concress shall appropriate no monev from the Appropria-' 
 
 <T ** »i"i I"* 11 XT " 1. 1 tins uj**nt*y * 
 
 treasury except by a vote ot two- thirds oi both Houses, taken 
 by yeas and naysj unless it be asked and estimated for by some 
 one of the heads of Department, and submitted to Congress by 
 the President ; or for the purpose of payiniij its own expenses 
 and contingencies ; or for the payment of claims against the 
 Confederate States, the justice of which shall have been judici- 
 ally declared by a tribunal for the investigation of claims against 
 the government, which it is hereby made the duty of Congress 
 to establish. 
 
 §504:8. 10. All bills approprinting money shall_ specify in B'^s^J^r jm^ 
 federal currency the exact amount of each apj>ropriation and the ' 
 purposes for which it is made ; and Congress shall grant no ex- 
 tra compensation to any public contractor, officer, agent or ser- 
 vant, after such contract shall have been made or such service 
 rendered. 
 
 §5040. 11. No title of nobility shall be granted by the Con- Titiesofno- 
 federate States ; and no ])erson holding any office of profit oriJ^tV**"" 
 trust under them shall, without the consent of the Congress, ac- 
 cept of any present, emolument, office or title of any kind what- 
 ever from any king, prince, or foreign State. 
 
 8 5(»50 12. Con-rress shall make no law respectinij; an estab-^oestabi'sh- 
 
 'J ' '^ ..... 1 i» • ' I t' '^^' religion . 
 
 lishment of religion, or prohibitmg tlic tree exercise tiusreot; or 
 abridging the freedom of speech, or of the press ; or the right 
 of the ]>cople peaceably to assemble and i)etition the govern- 
 ment for a redress of grievances. 
 
 ^5051. 13. A well regulated militia l)cing necessary to the •^'•'^•^ 
 security of a free State, the right of the people to kec]) and ]>ear 
 arms shall not be infringed. 
 
 §505L>. 14. Xo soldier shall, in time of peace, be quartered soidkrs. 
 in any house without the consent of the owner ; nor in time of 
 war, hut in a manner to be prescribed by law. 
 
 !:• 5053. 15. The v'vA\t of the people to be secure in their per- unrcasoua- 
 
 ' , 1 ji- , * . 11 1 t'C searches 
 
 sons, houses, papers, and eTrects against unreasonable searches and seizures. 
 and seizure-, sliall not b(^ violated; and no warr-mts shall issue 
 but uj!o)i probable cause, siippurtijd by oath, or affirmation, and 
 particularly describing the place to be searched, and the persons 
 or things to be seized. 
 
 <$ 5054. 1^>. No i)in-son shall be held to answer for a capital rers».u.sac- 
 
 '- 1 ■ . . ,. ' • 1 ^ X • )• 4. cased of of- 
 
 or <.»t.lierwisc intainous crime, unless on a presentment or muict- fences— how 
 raent of a grand jury, except in cases arising in the land or ua-'^'^'"^^'^- 
 val forces, or in the militia, when in actual service, in time of 
 war or ]uiblic danger; nor shall any person be subject for the 
 &ame olfence to be twice put in jeopardy of life or limb; nor be 
 compelled, in any criminal case, to be a witness against himself ; 
 nor be deprived of life, liberty, or property, without due process 
 
984: APPENDIX. — Constitution of the Confederate States. 
 
 Article 1. — Legislative Department. 
 
 of law ; nor shall private property be taken for public use, with- 
 out jn8t compensation. 
 A^'P'-e'iy ^ §5055. 17. In all criminal prosecutions the accused shall en- 
 JrittL*'" " joy the right to a speedy and public trial, by an impartial jury 
 of the State and district wliereiu tlie criuie shall have been com- 
 mitted, which district shall have been previously ascertained bj 
 law, and to be informed of the nature and cause of the accusa- 
 tion ; to be confronted with the witnesses against him ; to have 
 compulsory process fur obtaining witnesses in his favor; and to 
 have the assistance of counsel for his defence. 
 Triaibyjary §5050. 18. In suits at couimoii law, where the value in con- 
 troversy shall exceed twenty dollars, the riglit of trial by jury 
 shall be i)reservcd ; and no fact so tried by a jury shall be oth- 
 erwise re examined in any court of the Confederacy, than ac- 
 cording to the rules of the common law. 
 KTrpssiv* §5057. Id. Excessive bail shiill nut be required, nor cxces- 
 '"'"• sive lines iuijmsed. nor cruel and unusual punishments inflicted. 
 
 Title of § 505S, 20. Every law or resolution having the force of law, 
 
 shall relate to but one subject, and that shall be expressed in ihe 
 title. 
 
 ImiilH. 
 
 SECTION X. 
 
 T>imitntion |; 5050. 1. No St atc sliall cntcr iuto any treaty, alliance, or 
 rr/.'7n',''i7'^'^^'^^^'^'"'^*'*^''5 K'"""^ letters of marque and reprisal, coin nu>ney; 
 viiiuaibiuubuiake anything but gold and silver coin a tender in payment of 
 debts; pass any bill of attainder, or ex post J^aclo law, or law 
 impairing the obligation of contracts; or grant any title of no- 
 bility. 
 fmpoRts and §5000. 2. No State sliall, witliout tlio consent of the Con- 
 ■dutk^s. gross, lay any imp(>sts or duties on imports or exports, except 
 what may be absolutely neees-arv for executing its insjiection 
 laws; and the net produce of all duties and imposts, laid by any 
 State on imports or exports, shall be for the use of the treasury 
 ■of the Confederate States ; and all sucji laws shall be subject to 
 tl>e revision and control of Congre^s. 
 T»»miiMr^— §5001. o. No State shall, without the consent of Congress, 
 •hiiw't.f'ww. |*.y ^"y ^^^ty on tonnage, cxeej>t on sea-going vessels, for the 
 improvement of its rivers and harbors navigated by the said 
 vessels ; but such duties shall not conflict with any treaties of 
 the Confederate States with foreign nations : and any surplus 
 revenue, thus derived, shall, after making such improvement, be 
 paid into the common treasury. Nor shall any State keep troops 
 or ships of war in time of peace, enter into any agreement or 
 compact with another State, or with a foreign power, or engage 
 in war, unless actually invaded, or in such imminent danger as 
 will not admit of delay. But when any river divides or flows 
 through two or more States, they may enter into compacts with 
 each other to improve the navigation thereof. 
 
APPENDIX.— CoNSTrmnoN of the Confederate States. 085 
 
 Article 2. — Executive Department. 
 
 ARTICLE II. 
 
 EXECUTIVE DEPARTMENT. 
 
 Sectiox. 
 
 5070. President's compensation. 
 
 5071. His oatli. 
 
 5072. His powers. 
 
 5073. Treaties ; Nominations. 
 
 •Sbction. 
 50G2. Executive power; where vested. 
 506:?. Mode of election; Presideut, &c. 
 
 5064. Meeting of Elec-tors. 
 
 5065. Vice President. 
 6066. Eligibility. I S074 Removing Officers. 
 5067. Time of Election. j 5075. Fill vacancies. 
 
 6068. Who may bo President. j 5076. President's dntios. 
 
 6069. Vice President may act ; when. , 5077. Impeachment. 
 
 SECTION I. 
 
 § 50()2. 1. The Executive power sliall be vested in a Presi- hx-'i'mUvb 
 dent of the Coniodcrate States of Auierica. He and the Vice''"^''* 
 President shall hold their otiiees for the term uf six 3' ears ; but 
 the President shall not be re ehViJjh). The President and Vice 
 President shall !)e elected as follows: 
 
 § 50G3. 2. Each State shall a|>]ii>int, in such majmer as tlie Eiocnon of 
 Logislatnre thereof may direct, a numbar of Electors equal to the,',',',Vvr(^' 
 whole number of Senators and H.^presentatives to which ilie *'"^^*'''''"''' 
 State may be entitled in the Congress ; but no Senator or Ilep- 
 resentative, or ])erson holdinp^ an ofHce of trust or profit under 
 the Confederate States, siiall he appointed an Elector. 
 
 § 506-1. 3. The Electors shall meet in their respective States, mpoMus of 
 and vole by ballot for President and Vice President, one of 
 whom, at least, shall not be an inhal)itant of the same State 
 with themselves; they shall name in their ballots the person vo- 
 ted for as President, and in distinct ballots the person voted for 
 as Yice President, and they shall make distinct lists of all per- 
 sons voted for as President, and of all persons voted for as ViceJ|^^"' 
 President, and of the number of votes for each, which lists they 
 shall sign and certity, and transmit, sealed, to the seat of gov- 
 ernment of the Confederate States, directed to the President of 
 the Senate; the President of the Senate shall, in the presence of 
 the Senate and House of Ivepresentatives, open all the certifi- 
 cates, and the votes sliall then be counted ; the person having 
 the greatest number of votes for President shall be the Presi- 
 dent, if such number be a majority of the whole number of 
 Electors appointed ; and if no person have such majority, then, 
 from the persons having the highest numbers, not exceeding 
 three, on the list of those voted for as President, the House 
 of Kepresentativcs shall choose, immediately, by ballot, the 
 President, But in choosing the President, the votes shall be 
 taken by States, the representation from each State having one 
 vote; a quorum for this purpose shall consist of a member or 
 
98tl APFEN.DIX. — Constitution of the Confederate States. 
 
 Article 2. — Executive Department. 
 
 ineinbers from two-thirds of the States, and a raajority of" :ill the 
 States sliall be nceesi^ary to a choice. And if the. House of Kep- 
 reseiitative.-? t^hall not choo.->o a President, whenever the ri^ht of 
 choice shall devolve upon tliem, before the J'uurth day of March 
 next folh->witi<^, then the Vice Pre^iilenr shall act as President, 
 as in case of the death, or other constitutional disability of the 
 President. 
 vicei'r-M- tj .')0(J5. 4. The pcrsoii having the greatest number of votes 
 ***"^ as Vice President, shall be the A^ice President, if such number 
 
 be a mnjority of the whole number of Electors appointed ; and 
 if no person have a majority, then, from the two highest num- 
 bers on the list the Senatii sliall choose the Vice President; a 
 quorum for the purpose shall consist of two-thirds of the whole 
 number of Senators, and a majority of the whole number shall 
 be necessary to a choice. 
 MUfftbuiiv. §50r)(). '). I'ut no person constitutionally ineligible to the 
 office of President shall be eligibk- to that of Vice President of 
 the (Confederate States. 
 Tta»e(»f«i.«- § 50C)7. C. The Congress may determine the time of choo&- 
 """^ ing the Electors, and the day on which they shall give their 
 
 votes: which day sh;dl be the same throughout the Confederate 
 States, 
 wiwrnayu- § 50(»8. 7. Xo ]>erson, except a nalural-born citi/.en of tlu? 
 rteVia!nt, Confederate States, or a citizen thereof, at the time of the adop- 
 tion of this Constitution, or a citizen thereof born in the United 
 States, ]>rior to the 2'ith December. 180<>, shall be eligible to the 
 office of President ; neither shall any person be eligible to that 
 office who shall not have attained the age t)f thirty five years, 
 and been fourteen years a resident within the limits of the Cou- 
 federate States, as they may exist at the time of his election. 
 ▼i«« ivM § t}()(\9. 8. In case of the removal of the President from of- 
 uiMun.a.T iiee. or of his death, resignation, or inability to discharge the 
 ject-wbi-n. powers and dtities of the said i>ffice, the same shall devolve ou 
 the Vice President ; atid the Congress may. by law, provide for 
 for the case of removal, death, resignation, or imil)ility both 
 of the President ami Vice Pre-ident, declaring what officer shall 
 then act as President, and sucli officer shall act accordingly, un- 
 til the disability be removed or a President shall be elected. • 
 preijdent'e § 5U70. 9. the President -hall, at stated times, receive for 
 «<im^[.eD«». ijjg services a compensation, which shall neither be increased nor 
 diminished during the period for which he shall have been 
 elected ; and he shall not receive within that period any other 
 emolument from the Confederate States, <'r any of them. 
 Ml* vMi.. ^ 5071. 10. Before he enters on the execution of his office, ko 
 shall take the following tiath or affirmation: 
 
 " I do solemnly swear {ov affirm) that I will faithfully execute 
 the office of President of the Confederate States, and will to the 
 be*t of my ability, pre^erv-^.'. protect, and defend the Coustitutiou 
 thereof. 
 
APPENDIX. — Constitution of the Confedebatk Statf.6. 918^ 
 
 Article 2. — Executive I>Pt)rirtment. 
 
 SECTION II. 
 
 §5072. 1. T)ie President shall be coiiirnander-in-c-liiet' of the prosidont w 
 army and navy of the Confederate State<. and of the militia of ^^^Jll^^^j^l' 
 the i^everal States, when called into the acnial gervice of the Con-ro^'^«- 
 federate States : he may reqnire the opinion, in writing, of the 
 principal officer in each of the Executive Departments, upon any 
 subject relating to the duties of their respective offices; and 
 he shall have power to grant reprieves and pardons for offences 
 against the Confederate States, except in cases of impeachment. 
 
 §5073. 2. He shall have power, by and with the advice andj^^^^ .^^ 
 consent of the Senate, to make treaties, provided two-thirds of the ♦i'^*- 
 Senators present concur ; and he shall nominate, and by and with 
 the advice and consent of the Senate, shall appoint ambassadors, 
 other public ministers and consuls, Judges of the Supreme Court, 
 and all other officers of the Confederate States, whose appointments ^r;^"'"' •*' 
 are not herein otherwise provided for, and which shall be estab- 
 lished by law ; but the Congress may by law, vest the appoint- 
 ment of such inferior officers, as they think proper, in the Presi- 
 dent alone, in courts of law or in the heads of Dcpartinents. 
 
 S 5074. 3. The principal officer in each of the Executive De- luaaavfO. •• 
 partments, and all persons connected \\-ith the diplomatic service, 
 may be removed from office at the pleasure of the President. 
 All other civil officers of the Executive Department may be re- 
 moved at any time by the President, or other appointing power, 
 when their services are unnecessary, or for dishonesty, incapacity, 
 inefficiency, misconduct, or neglect of duty; and when so re- 
 moved, the removal shall be reported to the Senate, together with 
 the reasons therefor. 
 
 § 5075. 4. The President shall have power to lill all vacan- vawuoj,-*. 
 oies that may happen during the recess of the Senate, by grant- 
 ing commissions which shall expire at the end of their next ses- 
 sion ; but no person rejected by the Senate shall be re-appointed 
 to the same office during their ensuing recess. 
 
 SECTION III. 
 
 §507(:>. 1. The President shall, from time to time, give to the r,e.sijtat'» 
 Congress information of the state of the Confederacy, and re-''"'^'"'* 
 commend to their considei'ation such measures as he shall judge 
 necessary and expedient; he may, on extraordinary occasions, 
 convene both Houses, or either of them ; and in case of disa- 
 greement between them witli respect to the time of adjournment, 
 he may adjourn them to such time as he shall think ])roper; 
 he shall receive ambassadors and other public ministers ; ho 
 shall take care that the laws be faithfully executed, and shall 
 commission all the officers of the Confederate States. 
 
98S APPENDIX. — Constitution of the Confederate States. 
 
 Ariicle 2. — Kxeciitive Department 
 
 SECTION IV. 
 
 offlcors ro- § 5077. 1. TliG President, Vice President, and all civil officers 
 tTiMuch-^^ of the Confeflerate States^, shall be removed from office on im- 
 oi«aju peacliment for, and conviction of, treason, bribery, or other high 
 crimes and nii^demeanors. 
 
 Jndlrlnl 
 iM. ^ I'l nnd 
 
 tll'lll-l- of 
 
 SKcnox. 
 
 6078. ConrtB nnd Judges. 
 
 6079. Jurisdiction. 
 
 6080. Of fcsupremo Court. 
 
 ARTICLE III. 
 
 JUDICIAL DKPARTMKNT. 
 
 SEfTION. 
 
 5081. Trial by Jury. 
 
 5082. Treason. 
 508.3. Attainder. 
 
 SECTION I. 
 
 §5078. 1. Tiie judicial power of the Confederate States shall 
 be vested in one Sm»reme Court, and in pucIj Inferior Courts as 
 the Congress may from time to time ordain and estal>li.sh. The 
 Judges, botli of tlie Supreme and Inferior Courts, sliall hold their 
 offices during gooil heiiavior, and hhall, at stated time*, receive 
 f(U* their services a c(>in|tensati«in, which shall not be diuiiuibhed 
 during their continuance in office. 
 
 SECTION II. 
 
 fnriRriirHon §5070. 1. Thc judicial powcr sliall cxtcnd to all CRScs arising 
 -wxuni i.i ^j^j^j^^^j. ^]jjg Constitution, the laws of the Confederate States ana 
 treaties made or which shall be made under their authority; 
 to all cases .iflecting ambassadors, other public ministers and 
 consuls; to all cases of admiralty and maratime jurisdiction; to 
 controversies to which the Confederate States shall be a party; 
 to controversies between two or more States; between a State 
 and citizens of another State where the State is plaintiff"; be- 
 tween citizens claiming lands under grants of different States; 
 and between a State or the citizens thereof, and foreign States, 
 citizens or subjects; but no State shall be sued by a citizen or 
 subject of any foreign State. 
 
 ^ 5080. 2. In ail cases affecting ambassadors, other public 
 ministers, and consuls, and those in which a State shall be a 
 party, the Supreme Court shall have original jurisdiction. In 
 all the other cases before mentioned, the Supreme Court shall 
 have appellate jurisdiction, both as to law and fact, with such 
 exceptions, and under such regulations, as the Congress shall 
 make. 
 
 WliPthpf 
 ©riirlnil or 
 
APPENDIX. — Constitution of the Confedkratk States. 989 
 
 Article 3. — Judicial Department. 
 
 § 5081. 3. The trial of all crimes, except in cases of impeacl)- thbi by ju- 
 ment, sliall be by jury, and such trial sliall beheld in tlie State '^^' 
 where the said crimes shall have been committed ; but when not 
 committed within any State, the trial shall be at such place or 
 places as the Congress may by law have directed. 
 
 SECTION III. 
 
 §5082. 1. Treason against the Confederate States shall con-Treft«oa, 
 sist only in levying war against them, or in adhering to their 
 enemies, giving them aid and comfort. Xo person shall be con- 
 victed of treason unless on the testimony of two witnesses to the 
 same overt act or on confession in o])en court. 
 
 § 5083. 2. The Congress shall have power to declare the pun- ^^jjjjj^_ 
 ifihment of treason, but no attainder of treason shall work cor- 
 ruption of blood, or forfeiture, except during the life of the per- 
 son attainted. 
 
 ARTICLE IV. 
 
 RELATIVE RIGHTS OF TIIK STATEa 
 
 Siccrtos. 
 5084. Acts and records of Ptatea 
 6085. Citizens of different States. 
 M86. Fugitives from Justice. 
 5087. From service. 
 
 Fection. 
 
 5088. Other States admitted. 
 
 5089. Power over property. 
 
 5090 Territories of Confederate Statea 
 5091. Republican Government. 
 
 SECTION I. 
 
 §5084. 1. Full faith and credit shall be given in each State Art.nndr<* 
 to the public acts, records, and judicial proceedings of every "•'""' ^» 
 other State. And the Congress m'ay, by general laws, prescribe 
 the manner in which such acts, records and proceedings shall b& 
 proved, and the efiect thereof. 
 
 SECTION II. 
 
 § 5085. 1. The citizens of each State shall be entitled to all cinzcn'spiv 
 the privileges and immunities of citizens in the several States, "^'^k** 
 and shall have the right of transit and sojourn in any State of 
 this Confederacy, with their slaves and other property, and the 
 right of property in said slaves shall not be thereby iiiipaired. 
 
 § 5086. 2. A person charged in any State with treason, felony, F.KdtWM 
 or other crime against the laws of such State, who shall flee from '''""* J"*"** 
 jistice, and be found in another State, shall, on demand of the 
 
l^^d APPEJSDIX. — CoNSTiTunoN of the Confederate States. 
 
 5'roiB itr- 
 
 Article 4. — Relative Rinrhta of the States. 
 
 Executive authority of the State from which he lied, be delivered 
 up, to l>e removed to the State having; jurisdictiou of the crime. 
 §.5087. o. No slave or other person held to service or InUor 
 in any State or territory of the Coufcdenite States, under the 
 laws thereof, cscapinjy or lawfully carried into another, shall, in 
 cunsc(]uen('A' of an} law or rcgiilation therein, l»c di^char>;ed from 
 such t-ervice or labor: but shall be delivered up on claim of 
 the party to whom such slave belonn^s, or to whom such service 
 (»r labor mav be due. 
 
 Othfr St«to^ 
 «.dinllU'<l. 
 
 J'«w«-r •Tcr 
 ;.r»j>«rty. 
 
 lifpiiWIr^n 
 
 SECTION 111. 
 
 § 50SS5. 1. Other States n]ay be admitted into this Confed- 
 eracy by a vote of twu-lhirds of the whole House of Representa- 
 tives, and two-thirds of the Senate, the Senate votinj' by States; 
 but no new State shall be formed or erected within tlic jurisdic- 
 tion of any other State; nor any State be formed by the junction 
 of two or more Stsites, or parts of States, without the cout-ent of 
 the Legislatures of the States concerned as well as (»f the Conj^ross. 
 
 $J r)0S9. 2. The Congress shall have power to dispose of and 
 make all needful rule-* and reojulations c»meernin^ the proj>ertj 
 of the Confederate States, includinjx the lands thereof, 
 
 ji i)0[)^^. 3. The Confederate States may acquire new territory ; 
 and C/on;x'*e>s shall have power to legislate and provide fjovern- 
 ments for the inhabitants of all territory belon^in;.; to the Con- 
 federate States, lyin^ without the limits of the several States; 
 and may permit them, at such times, and in such manner ;id it 
 may by law provide, to form State- to be admitted into tlie Coii- 
 fedirafV. lu all such territory, the institution oi' ne^To ^la\^;^v, 
 as it now exist.- in the Confe<lerate Stato, shall be recof:nized 
 and i)roteeted by ('onpvss, an<l bv the territorial jrovernment ; 
 and the inhabitants, of the several Conteilerate State^ and Terri- 
 tories hhall have the ri^rht to take to sueh territory any slavet 
 lawfully held l)y them iti any of the State)- <»r Territorie* ot" the 
 Confederate States. 
 
 §501H. 4. The Confederate States shall guaranty r(» every 
 State that now is, or hereafter may become a member of thi^ 
 Confederacy, a repul)lican form of ojovernment, and shall pro- 
 tect each of them aijainst invasion ; and on application of the 
 Leirislature, (or of the E.xeeutivc when the Legislature is not in 
 session.) against domestic violence. 
 
APPENDIX. — (JoNS'irruTioN of iin: < ,. iKFKnERATE Statks. 'i'i 
 Article 6. — Amendmenis — liuw mado. 
 
 ARTICLE Y. 
 
 AMKNDMKNTS 
 
 W MAIiF. 
 
 Spnriox rj002. Ainoiidmcni.-. how nui.ie. 
 
 SECTION I. 
 
 §5002. I. Upon the demand of unv vhrc- Srafr^s. l.-^jirriliy ma Amcnd- 
 f^embled in their several conventions, the Cooirre.ss sliali -nnvnon Xwt^''*"' 
 a convention of all tlie States, to take into consiilerHtjnn such 
 amendments to the Constitution a? the said States j^IihII ci.ncnr 
 in susrtrestini!: at the time when tlie said demand is n)ade ; an<i 
 slionld any of the pr«»posed ameiidinents to the (>)nstitiirion bo 
 agreed on hy tlie said convention — voting by States —and the 
 same be ratified by the Legislatures of two thirds of tlie i*everal 
 States, or by conventions in two tiiirda thereof — as the one or 
 the other mode of ratification may be ])roposed by the general 
 convention — they shall thenceforward form a part of this Con- 
 stitution. But no State shall, without its consent, be de{)rived 
 of its equal representation in the Senate. 
 
 ARTICLE VI. 
 
 MrSCHlLLANEOUS PROVISION.^. 
 
 Pectton'. 
 5093. The Oovornmi^nt. 
 fi094. Prior dcbtf. 
 509.1. Siiprcini' laT\-. 
 
 Sectiox. 
 5096. Oath of oiric-crs. 
 .5097. Kniimcration of rights. 
 5098. Rifrlits reserved. 
 
 §5093. 1. The (Tovernincnt establislied by this Constitution .i,,^Q„ve,.„ 
 is the su(;cessor of the Provisional Govcjrnment of the C-onftKle- ","'"^''>' ^'^'^ 
 rate States of America, and all the laws passed bv the latter """ " '"" 
 shall continue in force until the same shall lie repealed or mod- 
 ified ; and all the officers appointed by the same shall remain in 
 office until their successors are appointed and qualified, or the 
 offices abolislu^d. 
 
 ^oODL 2. All del)ts contracied and engagements entered in- ivicr .fcWv 
 to i)efore the adoption of this Constitution sliall be as valid 
 against the Confederate States under this Constitution as under 
 tlie Provisional Government. 
 
 §5095. 3. This Constitution, and tlie laws of the Confcde-TheM.iH«in» 
 rate States, made in pursuance thereof, and all treaties made, or j*^^"^ '*" 
 which shall be Jiiade under the authority of the Confederate 
 States, shall be the supreme law of the land ; and the Judges in 
 every State shall be bound thereby, anything in the Constitution 
 or laws of any State to the contrary notwitlistanding. 
 
 §5090. 4. The Senators and Representatives before men- oath t« w^ 
 tioned, and the members of the several State Legislatures, and ^;;'tl,rto*i?**" 
 
953 APPENDIX, — Constitution of the Confederate States. 
 
 Article G. — Miscellaneous Provisions. 
 
 all executive and judicial oflicers, both of the Confederate States 
 and of the several StatesJ, shall be bound by oath or atKrination, 
 to support this Constitution ; but no reh'gious test shall ever be 
 required as a qualification to any office or public trust under the 
 Confederate States. 
 Bnntnera- ^ 5097. 5. Tlic enumeration, in the Constitution, of certain 
 iwnofng u j.jg],^g^ g|jj^]l j^jjj. |,y construed to deny or disparage others retained 
 
 by the people of the several States. 
 Pt^ert r«- § 5098. G. The powers not delegated to the Confederate 
 *•"*'*• States by the Constitution, nor prohibited by it to the States, 
 are reserved to the States, respectively, or the people thereof. 
 
 ARTICLE VII. 
 
 RATIFICATIONS. 
 
 P«cmow. 
 6099. HatiliaUion'^. 
 
 Section. 
 5100. Ratification bj flvo States. 
 
 KotifiMtton. §5099. 1. The ratification of the conventions of five States 
 ehall be suthcient for the establishujent of this Constitution be- 
 tween the States so ratifying the same. 
 wi»enr»ti- §5100. 2. Wiien five States shall have ratified this Constitn- 
 •uw' "''tion, in the manner before specified, the Congress under tlie 
 Provisional Constitution, shall ])rescribe the time for holding 
 the election of President and Vice President; and, for the meet- 
 ing of the Electoral College ; and, fur counting the votes, and 
 inaugurating the President. They shall, al.->o, prescribe the time 
 for holding the first election of mcmkers of Congress under this 
 Constitution, and the time for a:?seml»ling the same. Until the 
 assembling <.>f such Congress, the Congress under the Provisional 
 Constitution shall continue to exercise the legislative powers 
 granted them ; not extending beyond the time limited by the 
 Constitution of the Provisional Government. 
 
 Note. — The following is ihc order iu which the several States seceded from ih» 
 United States, to wit : 
 
 South Carolina on the 20th day of December, 1860. 
 Mississippi on the 9th day of January, 18G1. 
 Alabama on the lllh day of January, 1861. 
 Florida on the 11th day of January, 1861. 
 Georgia on tlie 19th day of January, 1801. 
 Louisiana on the 26th day of January, 1861. 
 Texas ou the 1st day of February, 1861. 
 Virginia on ihe 17th day of April, 1861. 
 Arkansas on the 6th day of May, 1861. 
 North Carolina on the 20ih day of May, 1861. 
 Tennessee on the 8th day of June, 1861. 
 UiBsouri on the 5th day of August, 1861. 
 
MISCEI.LANEOUS PROVISIONS. 
 
 5110. Tax Fi. Fa., fee for issuing. 
 
 51 11. Fees for levying tax Fi. Fii. 
 
 5112. May issue garnishment. 
 
 5113. Proceedings on garnishment 
 
 5114. Persons subject to pay tax. 
 
 5115. Xo Judicial interference. 
 511G. Trover — amendmcut.s. 
 
 5117. Verdict in Trover— Pm; may bclocl. 
 
 Section-. 
 
 5101. Distres.s warrants iiow obtained. 
 
 5102. Must be levied l»y Sheriff— when. 
 
 5103. Property may be replevied. 
 
 5104. Claim to property distrained. 
 
 5105. Oath of Bailiff, to Grand Jury. 
 5 IOC. Special and Petit Juries. 
 
 5107. Bunds of Sheriffs — how sued. 
 
 5108. Tax Receiver and Collector. 
 
 5109. Bonds to be given annually. 
 
 §5101. Aiiv person who may have rent due, when the sum Distress 
 does not exceed $5(», may, himself, his agent or attorney, makeiK™btain 
 apphcation to any Justice of the Peace, within the District '^''• 
 where his tenant may reside, or wliere liis property may l)c, 
 found, and obtain from such Justice a distress warrant for the I'^ndpaVhis 
 sum claimed to be due, on the oath of the principal, his a-ent orSy-sut 
 attorney, m writing, for the said rent, which may be levied by ^'''°*- 
 any Constable duly qualified, on any property belonging to the ^ndcy $50 
 said tenant, whether found on the premises or elsewhere who ^^y'^"' i'- 
 shall advertise and sell the same as provided in case of levy and conViie." 
 sale imder execution. 
 
 _ § 5102. Wlien any distress warrant shall issue for a sum exceed- over$.50may 
 mg ,S5(,), it shall be levied by the Sheriff of the county or his u^e'sl/^tt; 
 Ucputy, and advertised and sold as provided in cases of other ^'^""^y- 
 executions. 
 
 §5103 The pa.rty distrained may in all cases replevy the prop- i-ropcrtv ic- 
 erty so distrained, by making oath that the sum or some part^'^jT^e 
 tlicreot distrained lor is not due, and give security for the eventual p'°^''<"'1- 
 condemnation money ; and in such case the levying officer shall 
 return the same to the Court having cognizance thereof, which 
 shall be tried by a jury as provided for the trial of claims. 
 
 § 5104. When property distrained may be claimed by a third oini.ns-how 
 person the same shall be claimed on oath and bond given as re-indS*^ 
 quired m cases of other claims, which shall be retunied and tried 
 as provided by law for the trial of the right of property le\-ied 
 upon by execution. 
 
 N0TE.-See Landlord and Tenant. Part 2, Title 5, Chapter 5. Page 43(;. Tenant.- 
 Jiolduig over see Part 3. Title 21, Cliaptcr 1, Article 2 Pa^-e 768 
 
 6a 
 
994 MISCELLANEOUS PROVISIONS. 
 
 i?ff t'o^th^"' § 5105. The following oath shall be administerGd to all l^ailiffs 
 (jrandJury. attending (rrand Juries, to-wit : You do solemnly swear that you 
 will diligently attend the (irand Jury, during the present term, 
 and carefully deliver to that body all sut-h hills of indictment, or 
 other things, as shall be sent to them by the Court, without al- 
 teration, and as carefully return all eucn as shall be sent by that 
 body to the Court, so help you God. 
 (>«thofi!aj- §5106. The following oath shall be administered toallTJailifTs 
 liff'stahing g'vvorn to take charjjre of special and ])etit I'uries in the Superior 
 
 chargo of ^ . • /• i • i • f • A' in i i • • 
 
 special ami or Inicrior Courts, ot this otate, to-wit : i ou sliall take tins jury, 
 pouijuries. ^^j ^ij ^.j^j^gpg committed to your charge during the present term, 
 to the jury room or some other private and fonvcnient place, 
 where you shall keep them without moat, drink, or lire, candle- 
 light and water only excepted (unless otherwise directed by the 
 Court.) Vou shall not speak to them yourself, nor sutler others to 
 speak to them, unl'^srr* it ho by leave of the Court to a>-k them if 
 they have agreed on a verdict or are likely to agree. All this 
 yoii shall do to the best of your skill and ])ower so lielp you 
 (iod. 
 iiondsof §5107. The bond required of Sheriffs, their deputies, and con- 
 
 .Hhd MK-nff-s f^tablcs. as ])rovi(led in section three hundred and twenty-four and 
 "'•v^'" «"^<> lour hundred and Ibrtv-live, mav be sued on for the satisfaction 
 
 without nn , •• ^ • . , . , . . , 
 
 ..rdorof oi the }»ublic, or l»y any p»?rsou aggrieved, in his own name, with- 
 out any order of Court for that jnirpose, lor the misconduct of 
 the Sheriff, hi.x deputy, or jailor, or such Constable as tlie case 
 mav be. 
 ^^»sEec.lT- §5108. Section 840, 841, 851 and 852, of this Code, are snper- 
 wi'rMoiV ceded by the Act of 1800, and the following adopted in lieu 
 .M.M^udfor -tinji-i^^.f ty..^^it : The receiver of Tax relurns and Tax collector in 
 and for the several counties of this Stale, shall l>e elected on the 
 lii-st Wednesday in January, in the year 1S(;2, and every second 
 year thereal'ter, and shall be commissioned by the (Governor for 
 the term of two years, and in case of vacancies in said offices, the 
 same shall be lilled as jirovided in relation to other county offices, 
 uondnnd*.- §5109. The bouds of receivers of Tax returns, and Tax collec- 
 i^To^nwuu- tors, shall be given with security annually as now required by 
 •)!'>■• , ^ law, as to collectors ; and should it become necessary for the 
 may b. n Comptroller (Tcneral to impose a unc ujion the receiver oi lax 
 n^icTct of liu returns, Ibr neglect or unfaithful performance of duty, the (tov- 
 ^^' ernor may declare the office of Receiver of Tax returns vacant, 
 
 yacand.9- ^nd sucli vacaUv-y shall be lilled as provided in the preceding 
 
 how filled. . •' A i o 
 
 section. 
 roUei'.org § 511(». Tax Collectors in the several counties of this State shall 
 KSf/!!" be allowed the sum of lifty cents for each Ji. fa. issued by them 
 respectively for the collection of State and county Taxes, to be 
 included in such ji. fa. and paid by the defendant. 
 
 § 5111. The Sheriff or Constable (as the case may be) shall be 
 
 XoTE. — For Bailifl")'. se<? Part 1. Title ti. Chapter 8. Article 2. Pa.L'e 97. 
 Nom. — For the law in relatiou to SherifTs and their deputies, seo Part 1. TitJe r>. 
 riiapter 6. Page 75. 
 
MISCELLAXEOrS PROVISIONS. 99^ 
 
 entitled to the same fees for levyinL% advertising and selling nncler,^,^^.'!*j^''''.^_ 
 Tax Executions, as provided by law in cases of Executions at.''./"- 
 common law ; but no Tax Collector, Sheriff, or Constable, shall unifsscriiec 
 receive costs on any Tax Execution, unless the same be <*ollected ^,'|j'}p^°j3°^5 
 from the defendant. 
 
 §5112. AVhen anv Tax Collector, can find no propertv of the ^ax collector 
 defendant, on which to levy any Tax Execution in his hands, it );i.nusbuitnt 
 shall be his duty to make an entry to that effect on said Execu- 
 tion ; and such Tax Collector, may then issue summons of gar- 
 nishment against any person, whom he may believe is indebted to 
 the defendant, or who may have property, money or effects in his '{,'Jj'^.^f^n^d 
 hands, when said summons of garnishment shall be served by 
 the Tax Collector, the Sheriff, liis deputy, or any Constable of 
 the county in which the garnishee may reside, at least 15 days 
 before the setting of the Court to which the same is made re- 
 turnable, and returned to the Superior Court of the county for 
 which he is Tax Collector. 
 
 §5113. Said Tax Collector shall enter on said Execution the P'-»^:»^''i!ne8 
 
 > , 'Til • 1 i-i • •" <»arni6n- 
 
 names of tiie })ersons garnislieed, and return saicl Ji^xecution foment, 
 said Superior Court, and all the subseciuent proceedings shall be 
 the same as now provided by law in relation to garnishments in 
 other cases, when judgment has been obtained, or Execution 
 issued. 
 
 § 5114. It shall be the duty of the Justices of the Peace, in the persons sub- 
 several Captains' Districts in this State, to make returns to the lax* to b*^ 
 Receiver of Tax returns, of all persons liable to pay Taxes, in re!;"["^?r b^ 
 their respective Districts, on or before the first day of May, in j'[*/^p^^^^ 
 each and every year, and if there is no Justice of the Peace for andir none 
 the District, it shall then be the duty of the Road Commissioners rommus^on^ 
 to make such return nnder the foregoing provisions as are recpiir- ''"■ 
 ed of Justices of the Peace, by the said first day of May, in each 
 and every year. 
 
 §5115. Xo replevin shall lie, or any Judicial interference be ^'" •'"""<^'"i 
 
 IT- 1 ^ T ,. ' m "^1 1 • • £' . 1 • interference 
 
 fiad, m any levy or distress for laxes under the provisions of this to be had. 
 Code, but the party injured shall be left to his proper remedy in 
 any Court of law having jurisdiction thereof. 
 
 ^5116. When any suit or action is pending in any Court of^^^g^^^^^'J* 
 law or Equity in this State for the recovery of personal property, property, 
 the issue of said property, born or to be born, or accruing after ajiowed to 
 the commencement of such suit or action, may be recovered in H^^c^^ *^^ 
 such suit or action, and it shall be the duty of the Court, to allow 
 the declaration or bill to be amended at any stage of the proceed- 
 ings so as to include such issue. 
 
 § 51lt, It shall be at the option of the plaintiff in an action to "t't^rdict in 
 recover personal property, to say upon the trial thereof, whether plaintiff may 
 
 Note. — For commissions of Tax Collectors and Receivers, see Section 492 and 8.60. 
 By the Act of 1S61, the otlices of Tax Receiver and Collector, are consolidated, and 
 the duties thereof to be discharged by one officer to bo styled Tax Receiver and Col- 
 lector. 
 
 Note. — For amendments generally, see Pai't 3, Title .3, Chapter 2, Page 610. 
 
 for 
 
996 MISCELLANEOUS PROVISIOXS. 
 
 be will accept an alternative verdict for the property or its value; 
 or whether he will demand a verdict for the damages alone, or 
 for the property alone, and its hire, if any ; and it shall be the 
 duty of the Court to instruct the jury to render the verdict as the 
 plaintiflf may thus seloct. 
 
 XoTE— For verdict, see Part 3. Cliapter 1. Article 1. Page 654. 
 
INDEX. 
 
 4^ This Code is indexed by sections. The notes nnder each title in the Indes are nnmbcm'd 1. 2, 3, .fee. Ref- 
 erences are made to these numbers and not to the sections of tlie book. Thus, .i reference, " se^ County Tax 1,"' 
 refers to number 1 nnder the head of Connty Tax, and not to any section of the book. The plan of the Indes is 
 the same as that of T. R. R, Cobb's new Digest of the La^rs tf Georffia, oxcept th.at this Index refers to Sections 
 and his to Pages. 
 
 Abatement of actiox. 
 
 1 Actions for tort do not abate — wlicn 2909 
 
 2 Deatli of parties — no abatement 3371 
 
 3 Nor removal of executor 3372 
 
 4 Nor death of one administrator. ... 3373 
 
 5 Nor of co-defendant 3374 
 
 6 Nor when some not liable 3375 
 
 7 Actions af,^ninst Sheriffs survive. . . . 3376 
 
 8 Suggestion of death 3377 
 
 See co-ohligors and promisors — parties. 
 
 Abducting Seamen. 
 
 1 Punishment for 1499 
 
 Abductinc; or Harboring AVife.. 
 
 1 Husband's right of action for 2949 
 
 Academies. 
 
 1 Trustees of— how appointed 1184 
 
 2 Vacancies — liow filled 1185 
 
 3 Authority of Trustees 11 86 
 
 4 Schools — how incorporated 1187 
 
 5 Liability of holders of funds of 1188 
 
 Academy for the Bund. 
 
 1 Location and control of 1100 
 
 2 Trustees, a body corporate 1161 
 
 3 Power of Trustees 11G2 
 
 4 Indigent pupils 1163 
 
 5 Apportionment of applicants 1164 
 
 6 Preference of applicants 1165 
 
 7 Pay pupils, how received 1166 
 
 8 Treasurer shall give bond 1167 
 
 9 Annual report of Trustees 1 1 68 
 
 10 Board of Visitors — their power and 
 duties 1169, 1170 
 
 11 Vacancies in l^oard of trustees 1171 
 
 12 Statistics of blind — how obtained. . . 1172 
 
 13 List of indigent blind 1173 
 
 14 Former laws, still of force 1174 
 
 Academy for the deaf and dumb. 
 
 1 AVhere located, and how managed. . 1175 
 
 2 Residence of trustees.' 1176 
 
 3 Principal — how elected, and to whom 
 responsible 1177 
 
 4 His authority and duties 1178, 1179 
 
 5 Board of visitors 1180 
 
 6 Contracts — how made 1181 
 
 7 Vacancy in board of trustees 1182 
 
 8 Other provisions relative to 1183 
 
 Accessories. 
 
 1 DefiriitioH, kinds, punishment4205 to 4210 
 
 2 After the fact to felons 4384 
 
 Accident and mistake. 
 
 1 What is accident 3045 
 
 2 Lost bonds and notes 3046 
 
 '■) Reformation of deeds 3047 
 
 4 Rule for construing conditions 3048 
 
 5 Relief of volunteers 3049 
 
 6 AVhat is mistake 3050 
 
 7 Parol evidence of mistake 3051 
 
 8 Against whom, relief granted 3052 
 
 '.) Mistakes, of fact or law 3053 
 
 10 No relief against ignorance of law.. 3054 
 
 1 1 Mistakes of law by parties 3055 
 
 1 2 By draftsman or agent 3056 
 
 13 ;>iistakc3 of fact 305.S 
 
 14 Negligence — concealment .3059 
 
 15 Mutual ignorance, kc 3060 
 
 l(j Reformation of cen tracts 3057 
 
 17 In execution of power 3061 
 
 18 Setting aside judgment* 3062 
 
 Accord and satisfaction. 
 
 1 What it is 2819 
 
 2 Effect of — when not an extinsruish- 
 
 ment 2820 
 
 .3 Must 1)6 of Ijcnelit to creditor 2821 
 
 4 Agreement to take less than tlie debt 2822 
 
 5 Compromises 2823 
 
 6 In cases of tort 2986 
 
 7 Compounding felony 29S7, 4385 
 
 Account. 
 
 1 Ktiuity, jurisdiction over matters of. . 3063 
 
 2 Mingling goods 3064 
 
 3 Contribution 3065 
 
 4 Discharge of incumbrances 3066 
 
 5 Apportionment 3007 
 
 6 Surcharging and falsifying 3068 
 
 7 Offer to pay ballance unnecessary. . . 3069 
 
998 
 
 INDEX. 
 
 8 Appointmout of auditor HOTO ' 
 
 9 KUect of auditors' report 3071 
 
 10 Equitable sel-otT 3072 
 
 Accused ; 
 
 1 Constilutioual riglits of 4S98 I 
 
 Actions i 
 
 1 licmc'dy for every riKht 3174, 4897 ! 
 
 '1 Mi-ans of enforciug ri^cht9 3176 | 
 
 3 DistinctioDH of aboliiilu'd 3176 I 
 
 4 Civil action, dofiiK-d ."1177 I 
 
 5 Penal actions — jjartics 3178 
 
 C Demand — when necessary 3179 
 
 7 Misjoinder of actions 3180 
 
 8 By, and against whom brought 3181, 3182 
 '•^ Tenant in common, may sue alone. . 3183 
 
 10 DaU'S. figures, initials 3184 
 
 11 "W'liaf claims may l>o joIikmI 3186 
 
 1- Scpamtc claims cannot l>e joined. .. . 3186 
 
 13 Suits by iiil.ints 3187 
 
 II Coinineno-ment of 3215. 3246 
 
 l.^> Must include all broaclios of a contract 2880 
 IG Hy widow and children, lor homicide 
 
 of husbuud or parent,. . .2913. 2945, 2946 
 
 2941 
 
 17 When actions for tort, die willi tlu? 
 person •. . . . 2990 
 
 18 WliiTe to Ix' brought, when defend- 
 ants reside in di)Ter<Mit j-oiinlies 3260 
 
 19 Against surviving joint obligrtr or 
 
 partner 3261, 3262 
 
 20 SviuTc some arc («errod, and others 
 
 iK.U 3203 
 
 21 Judgment in such ca^es 3264 
 
 22 Wliere one ilefendant pleads infancy, 3266 
 
 23 Against maker and endorser, 3266 
 
 24 On atliichmeiit bonds, 3267 
 
 25 Against corjwrnlions 3279 
 
 20 Mwie of serving corporations must 
 
 Iw sixvillod, 3281 
 
 27 Si^rvicv by publication, 3282 
 
 28 Noticv to' «t<vkholders 3283 
 
 2D Judgment and execution 3284 
 
 30 Names of stockholders — how obtain- 
 ed. .1285 
 
 31 Kxecut ion against President 3285 
 
 32 Who m.iy defend in sudi cases 3286 
 
 33 Illegality 3287 
 
 34 C-.mndative n>medy 3288 
 
 35 May be dismissed at any time 3380 
 
 3G I >i.'lx>nds of administrators, 329.'>, 3296 
 
 37 (Ml lost papers 3890 
 
 38 Over not demandable 3891 
 
 39 Agiiinst State WomX 898. 899 
 
 40 Fit i»ersona4ity, amendable so as to 
 include issue born jn^iding fcuit, .... 5117 
 
 See Ahatrmmt of action: K/fctment : Par- 
 titt : Pttition and process : I 'ntue ; Pltod- 
 infl. 
 
 AnJOlRNMKNTs 
 
 1 Of Inferior Courts 3H>8. 8169 
 
 2 Of Inferior Courts for county pur 
 
 jV^Si'S 
 
 4023 
 
 3 Of the Superior Courts 31t>4, 3H;.j 
 
 oltM".. .'ilf.T 
 
 4 Ot the Suj^reme Court 31.V.I. :;i<JU 
 
 AOMISI.'^TEATION OK AsSKTS. 
 
 I Assets, how di:itributed in equity, 3073 
 •2 "Whore partly legal and partly 
 
 equitable ' 3071 
 
 3 Interfering witii administration, 307o 
 
 4 Bills for direction 3070 
 
 6 Bills to marshall assets 3077 
 
 6 Election in such case 307^ 
 
 7 Creditors' bills 3070 
 
 8 R.cei vers duty 3080 
 
 He is responsible to the Court,. .. 3081 
 
 10 Mi>-aj»j.lying trust assets 3082 
 
 11 Trariiig' a^-^ets 8083 
 
 12 Creditor may reach equitable hb- 
 
 8Pt> '. 3084 
 
 18 Joint, and individual assets, 308A 
 
 Adjiimstratiok or Estatks. 
 
 1 AVho lakes, when Ordinary it 
 ihrk of Superior Court '. . . . 304 
 
 2 By whom granted 300 
 
 3 ^Vh.•r.• granted 308, 309 
 
 4 TciniM-rary btters 24r»<J 
 
 r> Letters p'endmlf Uu 2467 
 
 r« Ih bonis non 2468 
 
 7 With will anm-xed 24'>9 
 
 8 Who may take- letters 2460 
 
 9 Kules f»»r granting 2401 
 
 10 Cl.rk tak.'s letlrrs— when 2402 
 
 I I Survivori>hip amongst administra- 
 tors 2463 
 
 12 May l>e |;mnt<Hi t<» others, than 
 
 party citinc 2464 
 
 Si^c Admintstrators ; Desetnt ; Distribution 
 of Kstatu ; Heirs at Law. 
 
 AUMIMsTRATOKS. 
 
 1 T.iiii"'r*ry 24f>tt 
 
 ■2 Pru.irnie UU 2467 
 
 ;» l)e /x/iii-x non, 2458 
 
 4 Witii the will Mlinexed, 2469 
 
 T) Citizens only ^-qualified 2460 
 
 1 Rule* for apiKiinling, 2401 
 
 I 7 Clerk shall bo— when 2402 
 
 8 Small e.-tates, need none, 2402 
 
 9 Survivorship among 2403 
 
 10 N<'<-<I not be the p<-r.«on citing,... 24«'>4 
 
 11 Application — where niude 240.') 
 
 12 Citation 240»; 
 
 13 Oath ..f. 2407 
 
 14 Their l>.)nd 2408 
 
 l.i Bond to be recorded and filed.. . . 2409 
 
 ir, Siii; II iM.iid of, 2470 
 
 17 ^ -how iK^ued 2471 
 
 18 1 :i6 to euretius,., 2472 
 
 19 Jojiii houds, 2473 
 
 20 Proct-eding against delinquenU.,.. 2474 
 
 21 Removed administratoirs— liability 
 
 of their suretit* 2475 
 
 22 Revocation of letters, no abate- 
 ment <jf suits, 2476 
 
 23 Rtmoval of one. of several 2477 
 
 24 Shall account with heirs. &.c.,. . . 2478 
 
 2.'» Inventory and appraisement, 2479 
 
 20 How. and when made hnd ret»;ir- 
 
 ed, -in 248] 
 
INDEX 
 
 999 
 
 *J7 W hat It must contain 2482 j 
 
 •jrs .Toint i-.ivcntory, -^^" i 
 
 •J'.l Onth of ny>prfl5«frs '24i<i i 
 
 ;;0 Keturn of appraisers '248o j 
 
 31 Nf'trlc'jt of administrator— rcino- ' 
 
 vnl, 24861 
 
 "2 Shall not take property at apprais- j 
 
 ed valuf ' 2487 \ 
 
 33 AnnuMl rt*Uirn!4 2488 j 
 
 34 Vouchers 2480 I 
 
 35 Ordinary's duty af? to returns 2400 j 
 
 36 Return- of non-resident or deceas- i 
 cd administrator-: 2491 i 
 
 37 Docket of delinquents. 2492 j 
 
 38 Notice tn creditors — rendition and 
 
 ])a vnnMit of debts, 2493 i 
 
 39 Tayment of debt.* by heirs 2494 
 
 40 When debts are to be paid 249.) 
 
 41 Priority of debts 249r, 
 
 42 Out of what paid 2497 
 
 43 Collection of debts 2498 ; 
 
 44 Responsibility for necjlect, 249 •< i 
 
 45 Collection- bv distributees or cred- 
 itors : 2499! 
 
 40 Power of administrator over debts 
 
 of iut^'state 2500 
 
 47 Debts barrrd by limitation 2501 
 
 48 Administrator mav provide coun- 
 sel ' 2502 
 
 49 May invest funds 2503 
 
 50 May continue deceased's business, 2504 
 
 51 May hire slaves privately, 2505 
 
 52 Duty as to deceased's contracts, . . 2506 
 
 53 Exem])t from suits for 12 n)onths, 2507 
 
 54 May mak(j titles to land on bond 
 
 of deceased — when, 2508 
 
 55 Proceedings in such case^, 2509 
 
 56 Caveat by heirs, 2509 
 
 ■57 Title to heirs, where vendee dies, 2510 
 
 58 Where vendor and vendee both 
 
 die 2511 
 
 59 Applicant must pay costs, 2512 
 
 •60 Sale of perishable property by,.. . 2513 
 61 Hours of sale — mode of conduct- 
 
 2549 
 
 2550 
 2561 
 2525 
 2553 
 2.554 
 25.55 
 2566 
 
 mg. 
 
 2514 
 
 ■62 Terms of sale 2515 
 
 63 Dilii^ence as to sureties 2515 
 
 64 Sale of wild lands 2516 
 
 65 Of insolvent |)aper.- 2517 
 
 •66 Of land and slaves— notice 2518 I 
 
 67 Place and manner of sale. 2519 ' 
 
 08 Recital in deed— cvid^-noe, 2520 
 
 •G9 Slaves to be sold, only to pay 
 
 debts, and for dislril)uUon, 2521 
 
 70 Sale of land lyins; in two counties, 2522- 
 
 71 Slave mother and child, husband 
 
 and wife not to be separated. 2523 
 
 72 Property held adverselv cannot be 
 sold by .' 2525 
 
 73 Private sales by, condeumed, 2-527 
 
 74 Sales by administrator with will 
 annexed, 2528 
 
 75 Return of sales, 2529 
 
 76 :Effect of warranty by. 2524 
 
 77 Claims against {idministrator's 
 
 j.al — where and how tried, 2.526 
 
 78 Ordinary commission* of. 2547 
 
 79 Commissions on interest made,.. . 2548 
 
 80 How divided among sever.al 2-549 
 
 81 Shall have no commissions for 
 pavments to self, 
 
 82 Compensation for delivering pro- 
 pertv. and for other services 
 
 83 Traveling and other expense^,. . . 
 
 84 Extra compensation 
 
 85 Fund to pay commissions but once. 
 
 86 Com.mi«sio"ns— how forfeited 
 
 87 Expenses of agents of,- 
 
 88 Settlements of administrators, 
 
 89 Before Ordinary— how made and 
 enforced 25-56, 25.57 
 
 90 Settlement-s of. in equity, 2.jo8 
 
 91 Riilefor cbarginginterestagainst, 25-59 
 
 92 When and how compounded 2-560 
 
 93 Final receipts may be recorded. . 2-561 
 
 94 Refundin'' bonds— when to be 
 given,... 2662 
 
 95 Dismission — when and how grant- 
 ed 2-563 
 
 96 Jlinors— how far affected by it. . . 2-564 
 '.)7 Dismission void, if obtained by 
 
 fraud ,- 2565 
 
 98 Duty of Ordinary — order of dis- 
 
 1 '>565 
 
 charge • -'-'"'^ 
 
 99 Unclaimed funds— how disposed 
 of, 
 
 100 Resignation of administrators,. . 
 
 101 How made— effect of on minors. 
 
 102 Proceedings to remove adminis- 
 tration to another county 
 
 103 Liability of sureties on removal,. 
 101 Executor need not give bond,.. 
 
 105 Foreign Administrator may sue in 
 this State. 
 
 106 Must file exemplihcation, . ^oiz 
 
 107 Protection to heir, &c., in such 
 
 2573 
 
 case ^:y 
 
 lOS May transfer bank stock, &c.,. . ._. 20(4 
 1(1'.) Suit on the bonds of, 3295, -3296 
 
 110 One surety may be sued— when. . 3298 
 
 111 Property 'of principal to be first 
 exhausted, t'^^ 
 
 112 Service on one, good— when •^>-'00 
 
 113 Pleas peculiar to administrators, 3404 
 
 1 14 Other plea., by, - - • - f^Oo 
 
 1 15 Judgments against, •>4->-i, ^''Jyo 
 
 Administkatok's Salks. 
 
 See Atn'oi'istrators, 60 to 75. 
 AuMissioxs. 
 I See Evidaire, 37 to 46. 
 
 I ADUI/rERATKD DBirGS OK LiQUOU.S. 
 
 1 Action Yor selling 2946 
 
 2 Mistake of Druggist, 2947 
 
 AnUl.TKRY. 
 
 1 Definition and punishment 4419 
 
 2 With negroes— punishment, 4445 
 
 3 With wife— action for 2950 
 
 4 Proof of marriage in such case, . . 2950 
 
 2566 
 2567 
 2-567 
 
 2568 
 2570 
 2569 
 
 2571 
 
1000 
 
 INDEX. 
 
 Advancements. 
 
 See JJistribution of Esinics, 11 to 15. 
 AuvEBSE Possession. 
 
 1 Does not make deed void, 2Gol 
 
 2 Projicrty held by, cannot be sold 
 
 by administrator, 252-') 
 
 See Prescription 
 Affirmation. 
 
 1 Of witness, 37Sr, 
 
 Affrays. 
 
 1 Detinition and punishment, 4401 
 
 Agent. 
 
 1 Attachment by .1189, 3190 
 
 2 (JamishnicntH by, 34G2, :!463 
 
 3 Claims by 3G50, 3G51 
 
 4 May hold to bail. 3320, 3338 
 
 May foreclose mortgage on personality 3875 
 
 6 Tax, oath of, 767 
 
 7 "Who may be, 2169 
 
 8 "Wliat may be done by, 2168 
 
 9 Auctioneer apent of lx)th parties, . . . 2686 
 1 Admissione of, 3710 
 
 Agency. 
 
 See Prina'pal and wjcnt. 
 Aghkements. 
 
 See Contracts. 
 
 Aliens. 
 
 1 Who are aliens, 1692 
 
 2 Their rif;ht8, 1593, 1594, 1595, 1596, 
 
 3 Not Riibj(.ct to military duty 1598 
 
 4 May be licensed to jtlead luw, 364 
 
 5 Aliiii heirs 2628 
 
 6 Conveyance of land to, is a forfeiture 
 
 of the land to the State 2635 
 
 Alimony. 
 
 1 Permanent and tem|K)rary 1688 
 
 2 Proceeding to obUun, ..." 1689 
 
 3 Discretion of Judge i!S to l<ini»orary, 1690 
 •1 Revision and cnforccinent of order, 1691 
 B Merits not involvi-d in application,. . 1692 
 
 6 Permanent, when granted 1693 
 
 7 May be barred by husband's deed,. . 1694 
 
 8 Decree in Ofiuii}-, 1095 
 
 9 Lial liiity of husband, before, and after 
 alimony granted, 1G9G, 1697 
 
 10 KfVoct of, after cohabitation, 1698 
 
 11 Interest of wife in Inisband's estate 
 after alimony granted 1699 
 
 Alterinc Marks and Brands. 
 
 1 Is larceny, 4300 i 
 
 Amendments. 
 
 1 Of pleadings, when allowed 3410 
 
 2 'When not allowed 341 1 
 
 3 ImjKisilion of terms, 341 2 , 
 
 4 Of misnomers 3413 i 
 
 5 Of names of partners, 3414 I 
 
 6 Of names of parties, 3415, 341 G 
 
 7 Of representative charactt-r.^^ 3417 
 
 8 Of omission of jurisdiction, 3418 
 
 9 Of Scire facias. 341 9 
 
 10 Of process, 3420 
 
 11 Of verdicts. 3421, 3422, 3423 
 
 12 Of judgments 3424 
 
 13 Of executions, 3425 
 
 14 Oi official retums 3426, 3427 
 
 1 5 Of records :{428 
 
 IG Of affidavits of illegality, 3430 
 
 17 'Schedule of insolvents, 3431 
 
 18 Of rules for new trials, 3432 
 
 19 Of appe:d. and other bonds, 2434 
 
 20 Of allidavits lo appeal, 3435 
 
 21 Of clerical mistakes, 3436 
 
 22 Of bills in eipiity— effect of, 4106 
 
 23 Of answers in equity, 4105 
 
 24 Of jileadings in suits for freedom,, .. 3951 
 
 25 Discretion of court as to, 3429 
 
 26 Rules governing, 3429 
 
 27 Certain affidavit not amendable,... 3433 
 
 28 In cases of altflchment, 3220 
 
 29 Of bills of exception •. 4184 
 
 30 Of caveats, 4016 
 
 31 In actions for personality, issue born 
 ]>ending suit may be included, 51 16 
 
 Answer. 
 
 1 Musi bo filed at first term 3381 
 
 2 Xo j.art of, to be si rick, n :!382 
 
 See ruas. 
 
 Answer in Eqcity. 
 
 1 When to be filed — exctjitions to,. . . 4104 
 
 2 Verification of — defendant's jirivilege 
 
 — amendment 4 1 05 
 
 3 On belief— effect of, 4107 
 
 4 Of non-resident — how verified, 4108 
 
 See fjmlij: fquity jiUadiivj aud practice. 
 
 Ari'KAi.s, 
 
 1 l!i;.-ht of, 3529 
 
 2 P'ri'ui decisions of Urdinarj*, 3530 
 
 3 Not nllowetl on collntteral issuesi,... 3631 
 
 4 S'lii'i i^siM s— l;..u- tri.-.l 3531 
 
 "» :; r dayp 3533 
 
 6 > oxw'pted, .... 3534 
 
 7 liy wiioni entered .■!S35 
 
 8 ra3-iiic!:' of orv-t. jiiid giving security, 3536 
 
 9 Atton 1 npiHid l)ond 3537 
 
 1" I!v V: .: contractors, and 
 
 3538 
 
 11' may apjjoal, 3639 
 
 12 i w, a,., ■. anient binds all 3640 
 
 i;' Recourse < if surety <in 3641 
 
 14 By exei utor-s ^e 3542 
 
 1 "» In forma panprris 3543 
 
 10 Costs in^Oourt of Ordinary, 3544 
 
 1 7 Transmi'^sion of appeal, 3545 
 
 15 Apjdicatiun — 1<> whom made,. . . . 354'j 
 1!« From Inferior Court, 3547 
 
 20 Make new investigation, 3548 
 
 21 Sujj.end th<^ judgment, 3549 
 
 22 How withdrawn, 3550 
 
 23 Tried by sj.e<ial jury 3551 
 
 24 Frivolous app.-als, 3552 
 
 25 In suits for freedom, ;j953 
 
 20 In Justices Courts 400'J, 4070 
 
 27 Inequity cases— abolished. 4121 
 
 28 From decision of commissioners of 
 pilotage 1481 
 
 29 Where party dies in 4 days after 
 judgment, ;W58 
 
 See Attachnienix, 'A\K 47 ; Liinntict, Idioiif^ 
 a»d In^nw PerfouH. 4. 
 
INDEX. 
 
 1001 
 
 .Apothecaries. 
 
 See Physicians and Druggists. 
 Apportionment. 
 
 1 Equity jurisdiction over, 
 
 2 Of Keprcsentatives, 
 
 3 Of contracts 
 
 Apprentice. 
 
 See Master and Servant. 
 Arabic Numerals. 
 
 1 May be used in pleading, 
 
 Arbitrament and Award. 
 
 1 What it is, 
 
 2 Trustees may submit to, 
 
 3 Of the submission, 
 
 4 Arbitrators limited by authority, . 
 
 5 General submission, 
 
 G The award, 
 
 7 "When valid in part only, 
 
 8 Award by umpire, 
 
 9 Reference pendente lite, 
 
 10 Award — when set aside, 2833, 
 
 11 In cases of tort, 
 
 12 What may be submitted, and by 
 whom it may be done, 
 
 13 Submission to be in writing, 
 
 14 Must bo three arbitrators, 
 
 15 How they are chosen, 4136, 
 
 16 Time and place of meeting 
 
 17 List of witnesses furnished, 
 
 18 Vacancies — how tilled, 
 
 19 Arbitrators to be sworn, 
 
 20 Postponement of trial, 
 
 21 Adjournments, 
 
 22 Testimony by commission,- 
 
 23 Who are competent witnesses,. . . 
 
 24 llulos of evidence, 
 
 25 Examination of witnesses, 
 
 26 Attendance and pay of witnesses, 
 
 27 Production of books and papers, . 
 
 28 Arbitrators may administer oaths, 
 
 29 Two may make award, 
 
 30 Kendition and effect of award,. . . 
 81 Award — how attacked, 
 
 32 Verdict of the jury, 
 
 33 Fee of clerk for entering award,. 
 
 34 Costs— how taxed, 
 
 35 Compensation of Arbitrators, 
 
 36 Submission of other cases, 
 
 37 Submission pending suits, 
 
 Armies. 
 
 1 Standing armies, 
 
 Arms. 
 
 1 Right to keep and bear 4893, 
 
 2 Furnishing negroes with — punish- 
 ment, 
 
 See Deadly Weapons. 
 
 Arraignments. 
 
 1 For small offences, not to bein bar 
 dock, ' 
 
 2 Form of, 
 
 Arrest. 
 
 1 By officer and jiossc 
 
 2 Without warrant 
 
 3 By private persons 
 
 3067 
 
 42 
 
 2688 
 
 3184 
 
 2824 
 
 2825 
 
 2826 
 
 2887 
 
 2828 
 
 2829 
 
 2880 
 
 2831 
 
 2832 
 
 2834 i 
 
 2994 ! 
 
 4134 
 4135 
 4136 
 4137 
 4138 
 4139 
 4140 
 4141 
 4142 
 4143 
 4144 
 4145 
 4146 
 4146 
 4147 
 4148 
 4149 
 4150 
 4151 
 4152 
 4153 
 4154 
 4155 
 4156 
 4157 
 4158 
 
 4911 
 
 5051 
 
 4512 
 
 4521 
 4524 
 
 4602 
 4603 
 4604 
 
 4 Duty of person making, 4605 
 
 5 Duty of officer making, 4606 
 
 6 Officer may pursue offender, 4607 
 
 7 May break open doors, 4610 
 
 8 What constitutes arrest, 4609 
 
 9 WidoAvs and feme soles, free from, 
 
 on civil process, 3337 
 
 10 Voters free from, 123'.t 
 
 ] 1 Witnesses free from, 3770 
 
 Arson. 
 
 1 Definition ; kinds ; and punish- 
 ment, 4273 to 4282 
 
 Assault. 
 
 1 Definition, 4256 
 
 2 Punishment, 4257 
 
 3 Under color of office, 4371 
 
 4 With intent to murder, 4258 
 
 5 With intent to rob 4259 
 
 6 With intent to injure clothes, 4261 
 
 7 With intent to rape, 4250 
 
 Assemrlies. 
 
 1 Unlawful 4399 
 
 2 Unlawful assemblies of slaves. . . . 1369 
 
 3 How dispersed, 1 370 
 
 4 Of the people, not to be impaired, 4896 
 Assignments. 
 
 1 In trust for portion of creditors, 
 void........ 1954 
 
 2 Of judgments and executions, 3516 
 
 3 Bv attorney of record, 3517 
 
 4 To defraud creditors, void, 1954 
 
 5 By banks, 1442 
 
 6 Bv banks— how set aside, 1443 
 
 7 Shallnot fail, for want of assignee, 1444 
 
 8 Purchase by trustees at their own 
 sale, void, . . • 338 
 
 9 Gifts by insolvent debtor, void,. . 1954 
 
 10 Deeds to avoid tax, void, 743 
 
 11 Transfer of stocks after levy, void, 3212 
 Attachsients. 
 
 1 Grounds for issuing, 3188 
 
 2 Affidavit— by and' before whom 
 made, '?>\%^ 
 
 3 Bond of plaintiff, 3190 
 
 4 Airent or attorney may give bond, 3190 
 
 5 Alfidavit and bond of firms and 
 joint creditors, "191 
 
 6 Who may issue, 3192 
 
 7 W'here property is in different 
 counties, 3193 
 
 8 Attachments— where returnable, 3194 
 
 9 How directed, 3195 
 
 10 May issue on Sabbath— when,. . . 3196 
 
 11 Where debt is not due, 3197 
 
 12 Against a partner, or joint debtor, 3198 
 
 13 How levied in such case 3198 
 
 14 May issue against executors, &c., 
 when, 3199 
 
 15 Stay of judgment in such case,. . . 3199 
 10 May issue for any money demand, 3199 
 
 17 May issue in favor of sureties, &c., 3200 
 
 18 Disposition of the money in such 
 case, o_vu 
 
 1 9 I'cndnrie lite, 3201 
 
1002 
 
 INDEX. 
 
 '20 Agaiiisl furt'iyii corporations, .... 
 
 21 Againi't bail, [ 
 
 22 Substantial compliancp. sufficient, 
 28 Form of atliclavit, bond and writ, 
 24 Duty of I'vying officer, 
 
 26 Koturn of attachments, 
 
 2G In wiiat order loviod, 
 
 27 On what k'viod .. . 
 
 28 Levy by sorvinj; garnishment,. 
 
 29 May be loviod on .-tock-, 
 
 80 Sub-soquent transfer, void, 
 
 31 Certificalc to jjiirchasor 
 
 32 Of land for purchase nionej, 
 
 33 Levy; lllini; deed ; lien, 
 
 34 (iarnishrnent> — how issued, direct- 
 ed, and .'-erved, 
 
 o5 "Where garnishee resides in an- 
 other county 
 
 36 Judgment ai^ainst gHrnishee 
 
 37 Disposition of property returned 
 by ijarnishee, 
 
 38 Traverse of garnishee's answer,. . 
 89 Trial of the issue, ap])eal, &c . . . . 
 
 40 Trial of the issue in Justice's 
 Court, 
 
 41 I)e<laralion to be Hied at tir!>t 
 term 
 
 42 Notice to defendant 
 
 4;5 Declaration stands, though attach- 
 ment be (lisiniseed 
 
 44 Appearance and defence 
 
 • 46 Set-olf of debts not due 
 
 46 Traverse of pluintifl"s affidavit,. . 
 
 47 Trial of the issue— appeal 
 
 48 Trial of the issue in Justices 
 (\iurt 
 
 49 No delay allowed 
 
 50 l*artie>— how made 3227, 
 
 61 Amendments 
 
 62 Judgments — how set aside by 
 creditors 
 
 63 Interrogatories 
 
 64 Replevy of property 3232, 
 
 65 Sale of i>erishablo pro|x'rty 
 
 56 Claims -obth and bond of claimant . 
 
 57 Claims — where returned 
 
 58 How tried 
 
 59 Replevy of projierty by claimant . . . 
 GO Suit on reiik'vy bond 
 
 61 Suit agaiu.st claimant for hire 
 
 62 Clauns — when to be interposed 
 
 6.3 Judjrnients — when general 
 
 64 Executions— levy and sale 
 
 6j Money — how applied 
 
 66 Lien of altachiuents 
 
 Attempts to commit Crime. 
 
 1 Puni.«hnient for, 
 
 2 Not indictable, when the act is done, . 
 4 Jury may find the attempt, 
 
 Attounky.s at Law. 
 
 1 Who may practice law 
 
 2 In what courts admitted, 
 
 3 Qualitications of, 
 
 4 ite 
 
 3202 
 8203 
 3204 
 3206 
 320ti 
 3207 
 3208 
 3209 
 3210 
 3211 
 3212 
 3213 
 3214 
 3214 
 
 3216 ' 
 
 3210 
 3218 
 
 3218 
 3219 
 3219 
 
 3220 
 
 3221 
 3222 
 
 3222 
 3223 
 3224 
 3225 
 
 8225 
 3226 
 3228 
 8229 
 
 3230 
 
 3231 
 
 3233 
 
 3234 
 
 3235 
 
 3235 
 
 3236 
 
 3237 
 
 .'5238 j 
 
 3239 ' 
 
 .•■.240 1 
 
 3241 I 
 
 3242 j 
 
 3243 I 
 
 3244 I 
 
 I 
 4594 I 
 
 4560 ! 
 
 4561 I 
 
 361 ! 
 
 362 I 
 
 363 I 
 364 
 
 5 Petition for admission, 366 
 
 6 Facts of petition— how evidenced. . . 366 
 
 7 On what subjects examined 367 
 
 .S llow examined 363 
 
 9 Judges req\iircd to be strict, 369 
 
 10 Order of admission, 370 
 
 11 Oath of, [[[[[ 371 
 
 12 Graduates of Lumpkin Law School. 372 
 
 13 From other States— how admitted. 373 
 
 374, 375, 376 
 
 14 How admitted in Supreme Court. .. . 377 
 
 15 Fee not collectable 378 
 
 16 Forfeiture for transferring note 379 
 
 17 Rules for .settling foes of, 380 
 
 18 Liable to rule ; . . . 381 
 
 19 Authority to bind clieuta 382 
 
 20 Can only receive money for client's 
 claim, 383 
 
 21 Advice of, will not relieve client, .... 384 
 
 22 Appearing without authority, 385 
 
 23 Unauthorized ap|K«arance 386 
 
 24 May l>e rctpiired to show authority, . 387 
 
 25 Preference to leatling counsel, 388 
 
 26 L'ading counsel dertned, 389 
 
 27 If two relied on, the first leads, 390 
 
 28 Duties (.r Attorneys, ."91 
 
 29 Causes for removing 392 
 
 30 At whose instance removable, 394 
 
 31 pHK-eediugs to remove 395, to 407 
 
 32 How restored, 393 
 
 33 Lien of— its exUnit and effect 1989 
 
 34 Settlement by parlies will not defeat 
 
 lien of ' 1990 
 
 35 Attachments by, 3189, 3190 
 
 36 Garaishments bv 3462, 3463 
 
 37 Claims bv '. 3650, 3651 
 
 38 May hold to bail, 3320, 3338 
 
 39 May foreclose mortgajfo on porson- 
 ulity 3875 
 
 40 Gmmumications to. proU'ct<}d,.3720, 3721 
 
 41 Liability for cost, in Supreme Court, . 218 
 
 42 Liability for cost in case of neglect. . 3602 
 
 43 Lijibility for cost in other cases. .... 3603 
 
 44 Subject to garnishment 3474 
 
 See O^ers of Court. 
 
 Attousey Gikkbal. 
 
 1 Who IS 341 
 
 2 Must give bond 342 
 
 3 His duties, 343 
 
 4 Subject to Uovemor's order, 344 
 
 5 Comptroller may require services of, . 345 
 
 6 Oath 347 
 
 7 His ejection and term of office 346 
 
 « His salary 1578, 4980 
 
 9Hi.sfees. 1580 
 
 AUCTIOS. 
 
 1 Memorandum of sales at 2586 
 
 Augtioxeer. 
 
 1 Agent of both parties. 2586 
 
 Acditor. 
 
 1 Appointment of. 3070 
 
 2 Effect of his report 3071 
 
 3 In equity case — his appointment and 
 dutv 4112 
 
I^'^DEX. 
 
 1003 
 
 3320 
 :J320 
 .1321 
 3322 
 3323 
 3325 
 3327 
 3326 
 3324 
 3328 
 3329 
 3330 
 3331 
 J.^32 
 
 4 His report and exceptions thereto,. . 4113 
 
 5 His fees 4114 
 
 B.VIL IS CIVIL CASE.S. 
 
 1 Affidavit to obtain 
 
 2 Sum sworn to — endorsed, 
 
 3 Affidavit — before whom made, 
 
 4 "When debt is not due, 
 
 5 Affidavit need not describe the debt, 
 
 6 Bail in actions ex ddicto, 
 
 1 Affidavit in such case, 
 
 8 Order therefor — who may grant, .... 
 
 9 Surety may require Ijail, 
 
 10 Execution and return of procesi*, . . . 
 
 1 1 Sheriff is special bail — when, 
 
 12 Commitnieut of defendant, 
 
 13 Itinerants — how served, 
 
 14 Securit}' for jail fees, 
 
 15 If fees not paid, defendant may be 
 di.scliarged, 
 
 16 Notice to plaintiff in certain cases, . , 
 
 1 7 New bail, 
 
 18 Service of process on Sabbath, 
 
 19 Widow.s and feme soles exempt from, 
 
 20 Bad }ie7idenfe lik, 
 
 21 Process — how issued and returned, . 
 
 22 Duty t f Sheriff. 
 
 23 Defendant — how dealt with, 
 
 24 Liability of bail, 
 
 25 Pendenk lite, works no delay, 
 
 26 Service of bail in different counties, . 
 
 27 Special bail 
 
 28 Ca sa and return thereof, 3345, 
 
 29 Scire facias against bail, 
 
 30 How directed and served, 
 
 31 May issue against liail alone, 
 
 32 Surrender of principal, 
 
 33 .Tudgnient on scire facias, 
 
 34 Bail ill actions of personality, 
 
 35 Filing affidavit, and after proceedings, 
 
 36 Pending the action 
 
 37 Replevy of the property, 
 
 38 Bail in Justice's court, 
 
 Bail in cuimi.val cases. 
 
 1 Allowed but twice 4583, 4625 
 
 2 How. and by whom taken,. . . .4620, 4625 
 
 3 Forfeiture of recognizance, 4584 
 
 4 Surrender of principnl, 4586, 4624 
 
 5 Jiidgniient against bail, 4585 
 
 6 Of slaves and free negroes 4729, 4730 
 
 7 V.\.v>8ive bail, not requirable,. 4901, 5057 
 B.^i'.i" 
 
 1 '!'( i_iaii;l j'.'.ry — oath of. '5105 
 
 2 To oUnT juriL^s — oath of, 5106 
 
 Bailments. 
 
 1 Defiuilic.i. oi 2031 
 
 2 Property of liailee in, 2032 
 
 3 Care and diligo.i v of bailee, 2033 
 
 4 Ordinary diligence, 2034 
 
 5 Extraordinary diligence 2035 
 
 6 Gross neglect, 2036 
 
 7 Burden of proof, 2037 
 
 See Covimon Car .trs; Deposits; Hiring; 
 
 Loan^- ; rieft.i-' ,rr Patens ; Railroad Covi- 
 ^yanifs, 15, ir, 17. i 
 
 3333 
 3334 
 3335 
 3336 
 3.337 
 3338 
 3339 
 3340 
 3341 
 3342 
 3343 
 3343 
 3344 
 3349 
 3345 
 3347 
 3348 
 3346 
 3350 
 3351 
 3352 
 3353 
 3353 
 4053 
 
 Banks .\:,u Bankkv*.. 
 
 1 Brnk return^ 141;, 
 
 2 Contents of returns, 1416 
 
 .'! Oath of officers thereto, 1417 
 
 4 Publication of bank reiKjrts, 1418 
 
 5 Penalty for not m.il:'ng returns,. . . . 1419 
 
 6 Perjury — evidence 1420 
 
 " Prohibitions on banks 1421 
 
 8 QuaUtication of prohibitions 1422 
 
 9 Certain contracts void, 1423 
 
 10 Penalty for unlawful .sale of exchange 1424 
 
 1 1 Forfeiture for illegal issues, 1425 
 
 1 2 Mode of proof, . .". 1426 
 
 13 Forfeiture for i.^isiiing change bills,. . 1427 
 
 14 Over issue forfeits charter 1428 
 
 15 Obligations iinposeil on bauk.s, 1429 
 
 16 Penalty for not paying specie, 1430 
 
 17 Proceedings in such case, 1431 
 
 18 Penaltj^ for rejecting own bills 1432 
 
 19 What the term "bank" includes,.... 1433 
 
 20 Grouuds for forfeiting oliarter, 1434 
 
 21 Proce(?dings in judgment, 1435 
 
 22 Duty of Receiver, 1436 
 
 23 His compensation, 1437 
 
 24 Debts of insolvent bank.s, in what 
 order paid 1438 
 
 25 Bills, when receivable at par, 1439 
 
 26 Liability of stockholders, 1440 
 
 27 Suits shall not abate, 1441 
 
 28 Assignments by bank, 1442, 1444 
 
 29 How setaside, 1443 
 
 30 Transfer of stock 1445 
 
 31 Gaming with officers or agents of 
 banks,. 4427 
 
 32 Tax on banks, 745 
 
 See Tax, 23, 28, 64. 
 
 Bank DiRECXoits. 
 
 1 Election at\ on part of State, 1 283 
 
 Bank Stock. 
 
 1 How levied on and sold, 4085, 3211, 3212 
 
 3213 
 Bans. 
 
 1 Bans or license necessary to valid 
 marriage, 1658 
 
 2 Return of marriage by, 1660 
 
 Barratry. 
 
 1 Definition 4388 
 
 2 Punishment, 4389 
 
 Barter and Exchange. 
 
 1 On footing of private .sales, 2013 
 
 Bastards. 
 
 1 Definition of, 1748 
 
 2 Obhgations of father of, 1 74!) 
 
 3 Rights of mother, 1750 
 
 4 Inlieritance by, 1751 
 
 5 By legitimates from, . . . , 1752 
 
 6 Legitimation of, 1738 
 
 See Bastardy. 
 
 Bastardy. 
 
 1 Proceedings against mother, 4640 
 
 2 Against fatlier 4640 
 
 3 Commitmenr, of mother, 4641 
 
 4 p]xculpaiorv evidence, 4641 
 
 5 Suit on bastardy bonds, 4642 
 
lOOi 
 
 INDEX. 
 
 G Bonds, ]iow returned, 4C43 I 
 
 7 Indictment and i)unishment of juita- 
 tive fallier, 4439 
 
 Battery. 
 
 1 Definition and imnishment 1262 
 
 Beastiality. 
 
 1 Definition, 4253 
 
 2 Pnnislimcnt, 42.'>4 
 
 3 Attcmiit to commit, I2j5 
 
 Benefit of Clergy. 
 
 1 Al)olishcd, 4 J47 
 
 Bigamy and Polioamy. 
 
 1 Definition, 441.'> 
 
 2 Piinislimont, 41 IC, 4417 
 
 3 Issue legitimate, 44 Ki 
 
 Bills in Equity. 
 
 1 Division of, 4093 
 
 2 For discovery — liow framed, 408H ' 
 
 3 Mode and time of filinjr 400<; 
 
 4 Amendment of, 4080 j 
 
 f) Service of, •J097 ; 
 
 6 Wlicre to he filed 409r. . 
 
 7 Dismissal of— right of defendant, . . . 4100 
 
 8 For discovery, and to perpc-tuato tcH- 
 timony — when sust^iiiud 4094 i 
 
 9 Supjilemeiital bills, abolished, 4093 I 
 
 10 Cross bills, need not bo filed, 4093 1 
 
 Bills of Kxcei«tion. 
 
 1 When writ of error, 4 159 
 
 2 Kxcei)tions jtending cause, ... .4159, 41G2 
 
 3 Must specify errors, 4100 
 
 4 How tendered an<l ccrlifled, 4161 
 
 5 How cx'rtilicd, where the Judge is 
 
 out of ofiice, dead or absent 41G3 i 
 
 G WIkto tho jiarties die. . 41G4 , 
 
 7 F>rors in — how rectified 41C5 ' 
 
 S I'roceedinijs wlicro .ludjjo fails to 1 
 
 ;.ign and certify 416G | 
 
 "J Notice of sii^ninj; 41G7 I 
 
 10 Who to bfi iiolified, IIOR , 
 
 11 In criminal cases, 41G\) i 
 
 12 Filing ia clerks oflico and Iran*- ' 
 crijit of record, 4170 
 
 13 Op. rates as sxpcrcalrns — when,.. 4171 , 
 
 14 Tinio of filini; in Supn-me Court, 417;J I 
 
 15 Mandamus against Clerk or SheriH", 
 
 for default 4172 
 
 IG May be amended, 4184 : 
 
 Bills ok Kxciianhk i 
 
 1 Definition — parlies, 2722 | 
 
 2 Foreign bills, 2722 
 
 o Acce]itance — to be paid out of par- 
 ticular fund, 2728 
 
 4 Acceptor's lien 2728 
 
 5 Ordinary nccei>tance, no evidence 
 
 of funds'. 2720 
 
 G Negotiability of, 2722 
 
 7 Protest and notice to endorser... . 2781 
 
 8 Rights of honn fide holder 27;)o 
 
 9 Kecciving after due, is notice, . . . 27:'.o 
 
 10 Presumption of good faith, 27.']7 
 
 11 Holder of collaterals, 2738 
 
 12 Title of holder — when questioned, 2709 
 l:^ What is notice 2740 
 
 14 When due, 2741 
 
 15 Damages on foreign bills, 2742 
 
 10 If out of Confederate States, 2743 
 
 See Ncfjotinblc Papers ; Days of Gmcr : 
 Endorsement ; Endorsers. 
 Bills ok Istkkplkader. 
 
 1 When entertained 3156 
 
 2 Collateral interpleading, 3167 
 
 Bills of Peace. 
 
 1 In what cases entertained, 3154 
 
 2 Perjx'tual injunctions, 3155 
 
 Bills of Hi; view. 
 
 1 Within what time to be brought, 4129 
 Bills of IIevivor. 
 
 1 Aboli^h.-d,...- 4093 
 
 Bills <jf Sale. 
 
 1 Registry — notice, 2072 
 
 Birth. 
 
 1 May bo proved by hearsay 3095 
 
 2 Of child revoke's will — when- .... 2445 
 Blind. 
 
 See Acniiemy for the Blind. 
 
 Boats ani^ Crews. 
 
 i Bill>.>f lading— insiM?ction 15G0 
 
 2 P<'naltv for not having, and e\- 
 hibitin-: bill ..f lading, 1661 
 
 3 Trallir with boat hands prohibited, 1562 
 
 4 .\rti<l<> shipped i'j hands, 15G3 
 
 Bond fou Titles. 
 
 1 How extcuied if oldigor dies, 2508, 2509 
 
 2 Wh.n- obligee ib dead 2510 
 
 3 AVhtn both are dead 2611 
 
 4 C'St. bv whom paid, 2612 
 
 5 Sab" of land held under 3605 
 
 Laii! ■ ' ! •: ler— how sold for 
 ].ur(: V 2505, 3581 
 
 7 \' : land h<lil under,. . 3214 
 
 8 ; .r» whero obligee dies, 2510 
 
 i> n. 
 
 BOMI lo 1 
 
 1 \V1..;, i'JOO 
 
 Bos:-s. 
 
 1 In caHt^of vagrancy —how furfeit- 
 
 ' •l.rtcd,.' 1453 
 
 2 ^ duty and fee 4 154 
 
 3 i ■. - I (xhavior 4627 
 
 4 .^uit for br<-a<h th.r.-of, 4628 
 
 5 E.xtondfil from term to term, 4629 
 
 G Tv> keep the peace, 4630 
 
 7 Breach thereof, 4631 
 
 8 If bn-Mch provok«-*d, no recovery, 4632 
 '.t Extended from term to term, 4633 
 
 10 Of administrator* 2468 
 
 Sc>- Appeals, 'J : Attaehmmt, 8, 54, .56; 
 r.iJ. 10; Bond for Titles; Bond to 
 J'r ^'cute; Claims and Claim Laws, 2; 
 F. •■ mtvrs, *• ; Forthcoming Bonds; 
 a ■ ■nii'hmcnts. 2; Guardians. 11 .- Ille- 
 :i':l'ty,\; Insolvent Debtors, >i : Refund- 
 ing Bonds. 
 Books and Papers. 
 
 1 Production of, 3437 
 
 2 Notice to produce, 343R 
 
 ■' Notice, bow made available 3442. 
 
INDEX. 
 
 1005 
 
 4 Consequences of failure to produce, 343J 
 
 5 Continuance, ^y^ 
 
 « Affir3avit of non-rrsident, oiil 
 
 7 Subpfpna. durrs U cum ti\ 
 
 8 Penalty for disobeying it, 3444 
 
 9 How complied with, ■>^^*_ 
 
 10 Secondary evidence, '■^^^'^ 
 
 11 Transcripts, when used, • ■ •^•*'*" 
 
 12 Examination of books bycommis- 
 pioners, iTtl. 
 
 13 When notice unnecessary 3(0/ 
 
 BouKDARY OK THE State. 
 
 1 Boundary lines • ■ | ' 
 
 2 Lines between Ga. and 6o. Ca... . 1» 
 
 3 Between Ga., N. C. and Tcnn.,. . lit 
 
 4 Between Ga. and Ala., -♦^' 
 
 5 Between Ga. and Fla., - ' 
 
 34 Grant for ferry does not include 
 bridgre,, and e converse '■• ■ 
 
 35 Grant to land on watercourse gives 
 no right of public bridge • • 
 
 36 Rail Roads cannot appropriate public 
 bridge, &c., 
 
 676 
 
 675 
 691 
 
 4364 
 4365 
 
 645 
 
 oh; 
 
 047 
 647 
 G48 
 
 Brands. 
 
 See Marks and Brands. 
 Brihkry. 
 
 1 Definition 
 
 2 Puni-^hment 
 
 Bridges, Ferries, Turnpikes and Cau.se 
 
 WAYS. 
 
 1 What are public, 
 
 2 Classificntion of, 
 
 3 Established by Justices of Inferior 
 Court 
 
 4 Compensation of land owners 
 
 5 Power of Justices over the subject, 
 
 6 Bond of contractor, C49 
 
 7 Approved by Justices, 6o0 
 
 8 Additional bond of contractor, 6ol 
 
 9 Notice to repair, :••;;• ^-^ 
 
 10 Repairs — how made and paid for, ... Ga3 
 
 11 Trial of issues, •••• Go4 
 
 12 Contractors nor their sureties allow- 
 ed to be road commissioners, 
 
 13 On county lines— by whom built and 
 repaired, • ; • • 
 
 14 Citizens of refusing cotmty subject 
 to toll, •• • 
 
 15 Toll bridges on county lines, licensed 
 by either, C58 
 
 16 No private ferry for toll, to be withm 
 
 3 miles of pubhc bridge, 659 
 
 17 Distance, how computed, 600 
 
 18 Rates of toll to be posted, 661 
 
 19 Penalty for neglect, G61 
 
 20 Land owners may build, 662 
 
 21 Excessive toll prohibited, 663 
 
 22 Rates examined annuall}^ 664 
 
 23 lUesjal charges— how punished, 665 
 
 24 Punishment for obstructing fords, &c., COG 
 
 25 How discontinued, 667 
 
 ' 2G Liability of proprietors, 668 
 
 27 Liability of contractors, 60 J 
 
 28 Forfeiture for detention at, 670 
 
 29 Fine of defaulting proprietor, 671 
 
 30 Liability of owners of ferries, 672 
 
 31 Penalty for injuring bridge, or evad- 
 ing toll ^J^ 
 
 32 Damages for right-of-way, 674 
 
 33 Value'of land— hov-' determined,... 677 
 
 655 
 
 656 
 
 657 
 
 Buildings. 
 
 1 Belonging to the State 
 
 2 In which State has interest b»l' 
 
 Buov.s AND Beacons. 
 
 1 Maliciously destroying 44 • 1 
 
 BiuDEN OF Proof. 
 
 1 Upon whom it rests, 
 
 2 Li claim cases, 
 
 3 In suits for freedom ^Jj^-'^ 
 
 4 Coat on bailee after proof of loss, . . . 
 
 BURGI'AUV. 
 
 1 Definition ■.Vq'i' 
 
 2 Punishment 4^284, 
 
 Burying Grounds. 
 
 1 Injuries to— how punished, 
 
 Canals. 
 
 1 Maliciously injuring locks, etc 
 
 Capias ad S.vtisfaciendum. 
 
 1 Mav be returned, and 7?. /a. taken, . , 
 
 2 Release of defendant by delivering 
 l^roperty, 
 
 3 Discharge without payment, no sat- 
 
 4 Control of by sheriff in cases of es- 
 cape, 
 
 5 Arrest and imprisonment of defand- 
 ant under, ^566 
 
 6 Affidavit to obtain, • • 355o 
 
 7 May issue without affidavit for the 
 purpose of changing bail, • 3345 
 
 8 M ay be returned in such case immedi- 
 ately after search 3349 
 
 Cahpenter's Lien. 
 
 See Lieivs. 
 Carriers. 
 
 1 Definition and liability ot, ^^^^ 
 
 See Common Carriers. 
 
 885 
 
 3681 
 3662 
 
 2037 
 
 4283 
 4285 
 
 4332 
 
 4477 
 
 3562 
 
 3563 
 
 3564 
 
 3565 
 
 Castration. 
 
 1 Punishment for, ^-*"^ 
 
 2 "Wounding in less degree, 4240 
 
 Bail 
 
 See Enclosures and Fences; Estn-ays , 
 Road Compa7iies ; Sheriff's Sales. 
 Cav.vlry Corps. 
 
 See Militia Laws, 41 to 44. 
 Cave-W's. 
 
 1 To wills — limitation on, • • ^^■^'i 
 
 2 All caveats to be in writing with 
 statement of grounds 4016 
 
 3 May be amended, _• • • 4016 
 
 4 By heirs, against execution of titles 
 by administrator, 
 
 5 To land warrant, 
 
 1 Legislature to provide for taking,.. . 4942 
 Cbrtiorari. 
 
 1 Granted by Superior Court, 4979 
 
 1 2 In what cases it lies. 3957 
 
 2509 
 2342 
 
I00() 
 
 INJ)EX. 
 
 .'! Ill cases of possessory warrant,. . . . 3938 
 
 1. Judgment thereon, 3939 
 
 5 In cast.s iu Inferior Court and Court 
 
 of Ordmary 3958 
 
 tj Wlien granted by Judge out of liis 
 
 circuit, 3959 
 
 1 Of case in otlior judicatoricp 3960 
 
 S Affidavit— form of, 3961 
 
 9 Cost to be paid, and security given, . 3962 
 
 10 Sureties made to justify, 3963 
 
 11 Affidavit in lieu of payment of cost, 
 
 and g'iring security. 3964 
 
 12 When to be applied for. and how re- 
 turned, 3965 
 
 13 Wlien and how served, 3966 
 
 1 4 Notice to adverse party, 3967 
 
 15 Supercedeas, '. 3968 
 
 1 6 Filinji: of answer, 39G9 
 
 1 7 Exceptions to answer 3970 
 
 18 Party shall not write or dictate an- 
 swer 397 1 
 
 1 n Trial vl' term of. 397'2 
 
 ■_'0 Errors must be set forth 3973 
 
 21 Traverse of answer — trial 3974 
 
 22 Judgment 3976 
 
 23 Damages, when groundless, 3976 
 
 24 Judgment for plaintift'. 3977 
 
 25 Judgment for defendant, 3!i78 
 
 2C> In ])rosecutions of slaves and free 
 
 persons of color 4727 
 
 I'lIALLENGB OF JlllORS. 
 
 1 To tlic array, in criminal cases •1567 
 
 2 For cause, 4568 
 
 :; Number, in graver offences, 4530 
 
 4 In minor offences, 4531 
 
 OUAl.LENtiE TO FHiUr. 
 
 1 (living or accepting, 4402 
 
 2 Carrying and delivering 4403 
 
 See Duvlliuij. 
 
 ('U.VNCEKT. 
 
 See /■AjuHi/. 
 Chanck Biui.s. 
 
 1 Ofleuces relative to, 4351 . 4352 
 
 2 Forfeiture by banks for i.«suing 1427 
 
 ClIAKITIES. 
 
 1 Charitable bequests, 3086 
 
 2 Cyjires, 3087 
 
 :'. Subject matters of 3088 
 
 4 Supervision of. ... 3089 
 
 5 What is not religious, 3090 
 
 6 K.xtraneous evidence, 3091 
 
 See Devise and Lctjacij, 1 s. 
 
 ClIARTEBS. 
 
 See Corporations. 
 
 fltEATS AlN'U SWINDLKRS. 
 
 1 Obtaining goods imder false writings, 4350 
 
 2 Jix false representations, 4455 
 
 ;; Cheating at iilay, 4456 
 
 4 Selling bread imder assize. 4457 
 
 5 Selling by false weights and meas- 
 ures 4458 
 
 6 Putting rubbish, <fce,, iu cotton bales, 4461 
 
 7 Counterfeiting brands and marks,. . . 4460 
 S Obtaining goods by personating an- 
 other 4462 
 
 9 Other offences of like kind, 446S 
 
 10 Lying to obtain security, 446& 
 
 1 1 Deceit as to existence of lien, 4467 
 
 12 Illegal measurement of lumber 44GS 
 
 Children. 
 
 1 Bound to support pauper parents... . 716 
 
 2 May sue for homicide of parent, .. . . 2913 
 
 2945, 2946, 2947 
 
 3 How legitimated, 1738 
 
 4 Adoption of, 1739 
 
 5 Custody of, when divorce granted,. . 1685 
 Cni'RciiKs. 
 
 1 Exempt from taxation, 72£> 
 
 2 Punisiiment for selling liquor within 
 
 one mile of, 4448 
 
 ClTlZEKS. 
 
 1 Rights of ■. . . . 1585 
 
 2 Exercise of rights 1686 
 
 3 Disabilities of females, 1587 
 
 4 Disqualification for crime, 1589 
 
 5 Disabilities of minors 1588 
 
 6 Insane ])ersons and drunkards, 1590 
 
 7 Rights (if citizens of 0. S.., . . 1591 
 
 S Aliens and their rights, 1592 to 1596 
 
 9 Privileges of certain Frenchmen, .. . 1597 
 
 10 Exemjitions from militia duty, 1598 
 
 1 1 Who are deemed citizens. 49 
 
 1 2 Wlio may not be citizens, 52 
 
 See riti:.' u-'liip. 
 
 ClTIZEXSllIl'. 
 
 1 How ac<iuired, 49 
 
 2 IIow n iiounced, 53 
 
 3 When it ceases, 54 
 
 4 How regained, 5& 
 
 5 Claim to. how disputed, 3940 
 
 G Parties pending action 8941 
 
 7 Trial and verdicts 3942 
 
 8 Evidence on the trial 3943 
 
 it Damages for malicious prosecution, . . 3944 
 
 City ok Savannah. 
 
 1 Laws relative to 4731 to 4885 
 
 2 Power of City Council to yirotectliar- 
 
 bor 1489 
 
 Claims ,\nd Claim Laws. 
 
 1 Oath of claimant, 3650 
 
 2 Claim bond, 3651 
 
 3 Postponement of sale, 3652 
 
 4 Forthcoming bond, 3658 
 
 5 Bonds, to whom payable, 3654 
 
 (■« Property left with claimant, when, . . 3665 
 
 7 Claim by jiartners. ic, 3656 
 
 8 Claims against tax Ji. fas 3657 
 
 9 Claims to laud, wlicre tried, 3658 
 
 10 To i>ersonality, where tried, 3658 
 
 11 Tneu by ix;tlt jury, at first term, .. . 3GG0 
 
 12 Damages, wlien for delay only, ... . 3661 
 
 13 Claim to slaves, levied on by Justice's 
 Court/', /h.. when and where tried.. 3660 
 
 14 Burden ef i>roof on plaintiff, .';6G2 
 
 15 Withdrawal of claims, 3663 
 
 1 6 Damages, how assessed, 3664 
 
 1 7 Either party may appeal, 3665 
 
 IS Claims to land, at sales by Executors 
 
 and other trustees 3666 
 
 19 Where tried 36G7 
 
INDEX. 
 
 1007 
 
 20 Personalty, how claimed and where 
 tried, 
 
 21 Claim, po«tpone3 sale, 
 
 22 Claims in Justice's Court, 
 
 23 In cases of attachment, 3235, 
 
 24 Apainst taxyf. fa 
 
 25 To property distramed, 
 
 Clkkotmkn 
 
 1 Exempt from jury duty, 
 
 2 Exempt from militia duty, 
 
 Clerk of IIoubk oa Rei'rksentatives. 
 
 1 His election and term of office, 
 
 2 Hi8 oath, 
 
 3 His sssistants 
 
 4 His duties, 
 
 3 Miist file papers, 
 
 6 And obtain certificate thereof, 
 
 7 Must furnish Printer with manu- 
 script of Laws and Journals, 
 
 8 His salary, 
 
 Clerks of Inkeiuou Court. 
 
 1 Tlicir election, and their office 
 
 2 Va<^<ancies, how supplied, 
 
 3 Their oatJi and bond 
 
 •4 May have deputies, 
 
 » Duties enumerated, 
 
 Extra compensation of 
 
 7 Must register allowed claims against 
 
 county, 
 
 5 Shall advertise assessments of count}' 
 tax, and furnish copy to tax collector, 
 
 9 Penalty for failure, 
 
 1 Proceedintjs against them, for failure 
 to pay over county funds, 
 
 11 Statement of county orders b}', . .531, 
 
 1 2 Penalty for failure, 
 
 13 Time of electing, 
 
 14 Fees of, 
 
 15 Shall post table of fees in office,. . . , 
 IG Punishment for embeziding county 
 
 funds 
 
 1 7 Fined for not notifying Road Commis- 
 sioners of their appointment, 
 
 See Offict'rs of Court. 
 Ci-KRK OF Ordinary. 
 
 See Court of Ordinary ; Crdinary. 
 Clerks of Superior Court. 
 
 1 Their election and term of office. . . 
 
 2 Time of electing, 
 
 3 May also be Clerk of Inferior Court, 
 
 4 Shall not practice law. 
 
 r> Vacjincies, how filled, 
 
 6 Term of one, elected to fill vacancy, 
 
 7 New election in case of tie. 
 
 8 In case of vacaucy, oiic appointed, un- 
 til election 
 
 !) In cases of oincrgency, 
 
 10 Appointee holds outtheterm, of only 
 six moutlis, 
 
 11 Judge may apjioiut, when, 
 
 12 Appointee holds luitil election, 
 
 13 Their oath, 
 
 14 "Who may administer the oath, .... 
 
 15 Must give bond 
 
 ] fi Ma}' appoint deputies, 
 
 3668 
 3669 
 4071 
 3240 
 818 
 5104 
 
 3845 ! 
 
 982 j 
 
 188 I 
 
 189 I 
 192 j 
 181 
 
 194 I 
 
 195 i 
 
 953 I 
 1577 I 
 
 288 : 
 
 289 
 290 
 291 
 292 
 293 
 
 478 
 
 489 
 
 489 
 
 513 
 
 537 
 
 537 
 
 1266 
 
 3620 
 
 3632 
 
 4331 
 
 632 
 
 349 
 1266 
 249 
 250 
 251 
 252 
 253 
 
 254 
 255 
 
 256 
 257 
 258 
 259 
 259 
 260 
 261 
 
 17 Their duties enmnerated, 262 
 
 18 Authority of 263 
 
 1 9 Liable to rule, 265, 266 
 
 20 Subject to removal 267 
 
 21 Office subject to exsunination by 
 grand jury, 268 
 
 22 Extra compensation of, 269 
 
 23 Payment of, how enforced, 270 
 
 24 Penalty for dehnquenciss, 264 
 
 25 Fees of, 3619 
 
 2g Fees for entering award 4154 
 
 27 Shall keep table of fees 3632 
 
 28 May administer oaths and attest 
 deeds, 263 
 
 See Officers of Court. 
 ChVRK op Supreme Court. 
 
 1 His appointment, 214 
 
 2 His oath and term of office, 214 
 
 3 His duties specified, 216 
 
 4 May appoint a deputy, 215 
 
 5 Shall tax costs by items, 217 
 
 6 Who liable for costs, 218 
 
 7 Fees of, 3613 
 
 8 May be increased or diminished, .... 3614 
 
 9 Shall not record transcript 4185 
 
 10 Shall publish order in whirh circuits 
 
 arc taken up, 4174 
 
 Coast Survey. 
 
 1 Provisions relative to. 25 to 29 
 
 Code. 
 
 1 When to take effect 2 
 
 2 Does not repeal local laws, 13 
 
 Coin and Currency. 
 
 1 Unautliorized issue of, punishment 
 
 for, 4351, 4352 
 
 2 Duty of Judge and Jury, , 4353 
 
 .'! Fines, how disposed of, 4354 
 
 Coli,ateral Issues. 
 
 1 How tried, 3532 
 
 2 Xo appeal allowed in. 3531 
 
 Colleges. 
 
 1 Property of, exempt from titxation, . 729 
 Commencement of Action. 
 
 1 Mode, and time of, 3245, 3246 
 
 Commissioners of Deeds. 
 
 1 Appointment and authority of, ... . 68 
 Commirrioners of Pilotage. 
 
 See Pilots and Filotaije. 
 Commissioners of Public Roads. 
 
 1 Three in eacli District, 628 
 
 2 How appointed, 629 
 
 3 Compelled to serve, 630 
 
 4 Notice of appointment, 631 
 
 5 Clerk falling to give such notice, sub- 
 ject to fine, 632 
 
 6 Exempt from patrol and militia dut}-, 633 
 
 7 Their duties, 634 
 
 8 Persons exempt from road duty, .... 635 
 
 9 May pay overseers $2.00 i>er day, . . 636 
 
 10 Subject to fine for neglect, '. . . . 637 
 
 1 1 How proceeded against, for de- 
 fault, 638, 639. 640 
 
 1 2 May be removed, 639 
 
 1 3 Executions against 641 
 
1008 
 
 INDEX. 
 
 1 4 Co-opcratiou where road is on dis- 
 trict line, 642 
 
 15 Inferior Court to furnish books to,. . 643 
 10 Certificate of service, 644 
 
 17 Exemption for faithful service, 633 
 
 18 Shall return list of tax payers, when 
 there is no JusticQ of tlio Peace 5114 
 
 CoinUSSIONEIi OF THE POOU. 
 
 1 Appointment, duty, and liability. 712. 713 
 Commitment. 
 
 1 Form of 4619 
 
 2 May be for difl'erent oll^HCe from that 
 charged, 4G22 
 
 3 Informality of, no ground to discharge 
 pri.sonor, 3926. 4626 
 
 <;OMMO.\ CaRUIERS. 
 
 1 Definition and liability of 2039 
 
 2 Carrier of passenger.''. 2040 
 
 3 Cannot limit liability l)y notice,. . . . 2041 
 
 4 May make express contract 2041 
 
 f) Bound to receive goods and pas.sou- 
 
 gers, " 2042 
 
 6 Kesponsibility, beginning and ending 
 
 of, 2043 
 
 7 Kesi)onsibility for baggage 2044 
 
 8 For delay 2045 
 
 9 UcVu-'ved hy shjU^aije in transitv, . . . . 2046 
 
 10 When st<>pj)ii'je in iraii.situ oxiata, . . 2047 
 
 1 1 Cannot di.spute bailor's title, 204 S 
 
 1 2 Lien of carriers 2049 
 
 13 Lien on baggage, 20.'jO 
 
 14 Fraud on carriers, 20 j1 
 
 I'j May limit value of baggage, 2052 
 
 1 6 May reject passengers, when, 2053 
 
 17 Railroad Companies arc common car- 
 riers and so liable, 2054 
 
 18 Liable to employees, 2054 
 
 19 Liability of connecting Railroads... 2055 
 Common- Schools axd Kducation. 
 
 1 Educational fund of State, how made 
 
 up. 1189 to 1193 
 
 2 List of children, how organized, .... 1 195 
 
 3 Apportionment of fund, 1 196 
 
 4 Fimds, how drawn, 1197 
 
 5 Loss of county, for want of return, 1198 
 G Penalty (or excessive return 1199 
 
 7 Educational fund of counties, 1200 
 
 8 Educational tax, how levied. .. 1201. 1202 
 
 9 Wants of county to be regarded 1203 
 
 10 Funds, to whom paid, 1204 
 
 11 Board of Education 1205 
 
 1 2 Duty of the I)oard 1 206 
 
 13 Elementary brandies, 1 207 
 
 14 Certificates to teaohers, 1208 
 
 15 Teachers, how paid 1209 
 
 16 Accounts for previous years, 1210 
 
 1 7 Tuition of children, paid by county iu 
 which thej' reside, 1210 
 
 1 8 Teacher's accounts, how made out, . . 1211 
 
 19 Establishment of common schools., . 1212 
 
 20 What laws govern, in absence of 
 plan, 1213 
 
 21 Bond of Ordinary as School Treas- 
 urer " 1214 
 
 22 Additional bond may be required, .. . 1215 
 
 23 Proceedings, where Treasurer fails 
 
 to pay out fund, 1 216 
 
 24 Secretary of educational board, 1217 
 
 25 Ordinary's report to Governor, 1218 
 
 26 Beneficiaries of school fund, 1219 
 
 27 Indigent children preferred, 1219 
 
 28 Indigents, how ascertained, 1220 
 
 29 List may be corrected, 1221 
 
 COMMUTATIOK. 
 
 1 Of pnni.^hraent in cases of murder, 4220 
 
 COMPENSATIOX OF Al)3[IXI.STRAT0R,S. 
 
 See Admiuistraiors, 78 to 87 
 
 Compiler of Laws. 
 
 1 Ai)pointmcnt of 964 
 
 2 His duties spccilied, 965 
 
 3 Forfeit\ire for failnrc, 966 
 
 4 His ])laeo supplied, in case of death 
 
 or di.sability, 967 
 
 5 Is under Governors' superviaon, . . 668 
 G His* compensation, 968 
 
 CoirPOUXDlNG. 
 
 1 Felonies, punishment for, 4385 
 
 2 Penalties, imnishment, 4386 
 
 See arnml ami saf is/act ion. 
 
 COMPUOMISF.. 
 
 I Binding on both parties, 2823 
 
 COMI'TROLLBB GeMEBAL. 
 
 1 His election 1283 
 
 2 His bond 94 
 
 3 Rights and duties of, 95 
 
 4 Duties s|x>cified, 96 
 
 5 His authority, 98 
 
 6 May suggest improvement in revenue 
 laws 99 
 
 7 Shall keep Ixwk of appropriations, . . 100 
 
 8 Also, a book of tax lx)nds 101 
 
 9 Sliall give copies of pajK-ra, 102 
 
 10 Settlement with successor, 103 
 
 11 May make rules for tax officers, . .301, 362 
 
 363 
 
 12 Shall not speculate in wild lands, . . 106 
 
 13 His rei>ort, contents of, 105 
 
 14 His salary, 1572 
 
 15 Additional compensation, 104 
 
 COMPrXATION OF TiME. 
 
 1 '•Mouih' and "year,"' mean calender 
 month and year 6 
 
 2 Sundays and holidays allowed, 2733, 3534 
 
 CON'DITIOXS. 
 
 1 Precedent and subsequent, 2084 
 
 2 Impossible, immoral, and illegal are 
 void, 2618, 2685 
 
 3 In legacies, when void, 2434 
 
 4 Sub.sequent, how construed in equity. 30 t ■> 
 Confession of Judgmkmt. 
 
 See Judjments 30, 31, 32, 33. 
 Confessions. 
 
 1 Must be voluntary, 3716 
 
 2 Under promises, 3717 
 
 3 Facts discovered by, admissible, 3718 
 
 4 Of joint offenders, 3719 
 
 5 By slaves and free persons of color, 4697 
 
 6 Of party in divorce cases, 1674 
 
INDEX. 
 
 1009 
 
 Congress. 
 
 See Members of Congress. 
 
 CoKGREtiSIONAL DlSTKICTS. 
 
 1 Of what counties composed, 44 
 
 COMSIDKRATION. 
 
 1 PJKsential to valid coutract, 2682 
 
 2 Presumption of, 2703 
 
 3 What is a valid, 2704 
 
 4 Good, and valuable, 2705 
 
 5 Inadequacy of, 2603, 2706 
 
 6 Founded in mistake, 2707 
 
 7 Mutual promises, 2708 
 
 8 Good in part, and bad in part 2709 
 
 9 Impossible consideration, 2710 
 
 1 Moving from auotlior, 2711 
 
 11 Must be valuable in sales, 2602 
 
 12 Of deeds, may be inquired into,. . . . 2649 
 
 13 Failure of, pleadable,.. 2712,2798,3402 
 See contracts. 
 
 Conspiracy. 
 
 1 Defuiition and punishment 4387 
 
 Constables. 
 
 1 Two in each district, 435 
 
 2 Flection and term of office 435, 1274 
 
 3 Maj' bo removed, 436 
 
 4 Appointed in certain cases,. . . .437 to 440 
 
 5 Elegibilityand qualilications of, . . . . 441 
 
 G Disabilities of, 442 
 
 1 Oath of 443 
 
 8 Oath of appointee, before whom ta- 
 ken, 444 
 
 9 Board of Constables 44,^ 
 
 10 Certificate of oath and bond, 446 
 
 11 Additional bond may be required,.. 447 
 
 1 2 Liability of Constables 448 
 
 13 May be ruled in Superior Court, .... 449 
 
 14 Duties of Constables, 450 
 
 15 Penalty for acting after removal, 451 
 
 16 Foes of, 3624 
 
 17 Shall receipt for claims, 4055 
 
 18 Levies and sales by 4083 
 
 19 May levy on land and slaves when,. 4084 
 
 20 May levy on bank stock, 4085 
 
 21 May be ruled in Justice's Court,.. 4079 
 
 4080 
 
 22 Compensation for carrying property 
 
 to place of sale, 4IJ^'6 
 
 23 May execute process where Sheriff 
 
 is a party, 3554 
 
 24 Oath of Constable to Grand Jurj', . . 5105 
 
 25 To special and petit juries, 5106 
 
 26 Bond of, may be sued on, 5107 
 
 See Cornttible, sales, official bonds. 
 
 COMSTBLES' SaLKS. 
 
 1 Levy and advertisement of, 4083 
 
 CONSTlTUnON OF GEORGIA. 
 
 1 In full, 4888 to 4996 
 
 2 Declaration of fundamental principles. 4888 
 
 to 4tt 1 5 
 
 3 Legislative department. . . . 4916 to 495.5 
 
 4 Kxecutive department .... 4954 to 4968 
 
 5 Judicial department, 4969 to 49.s9 
 
 6 iVIiscellaneous provision,. . . .4990 to 4996 
 
 7 How to be amended, 4995 
 
 64 
 
 8 Ratification, 4096 
 
 9 Laws in violation of, void, 4904 
 
 Constitution of Confederatk States. 
 
 1 Given in full, 4997 to 5100 
 
 Construction. 
 
 1 Of contracts, 271S to 2721 
 
 2 Of laws, 5 
 
 3 Of deeds 2656 
 
 4 l)f Legacies, 24 24. 2425 
 
 5 Of conditions, .5048 
 
 Consuls and Vice Consuls. 
 
 1 Attestation ot deeds by, 2668 
 
 Contempts of Court. 
 
 1 Power of courts to punish 200, 4593 
 
 2 oiicli power sliall be limited, 4902 
 
 Contehtku Elections. 
 
 1 Mode of contesting, 1276 to 1281 
 
 Cotinuancks. 
 
 1 Hilt one at common law, 3448 
 
 2 "When amendments are made, 3449, 3450 
 
 3 For absence of witnesj^es, 3451 
 
 4 Refused, if facts are admitted, 3452 
 
 5 For ab.s.ence of partj-, 3453 
 
 6 For absence or illness of counsel. . . 3454 
 
 7 When cases not reached 3455 
 
 8 (»f cases returned from Supreme ("it, 3456 
 
 9 For non-return of iutorrogatories, . . 3458 
 
 1 On nppoal 3459 
 
 1 1 Diligence required, 3457 
 
 12 Discreti(jn ot court, 3460 
 
 13 For non-production of books, &c.,.. 3440 
 
 14 In proceedings to establish papers,. 3S87 
 
 1 5 In Justices' Courts, 4069, 4073 
 
 1 6 In criminal cases, 4533 
 
 17 By one joint offender, 4575 
 
 ] S bV the ^^tale — how granted, 4592 
 
 ] By courts of inquiry, 4613 
 
 Coj^tkActs. 
 
 1 Definition of, 2076 
 
 2 Executed, and executory, 2677 
 
 3 Of record, 2678 
 
 4 Specialty, 2679 
 
 5 Simple contracts, 2680 
 
 6 Parol coutiacts, 2681 
 
 7 Ksseutials to valid contract, 2682 
 
 8 Absolute or conditional, 2683 
 
 9 Conuilious precedent and subsequent, 2084 
 
 10 Void conditions, 2685 
 
 1 1 Novation, 2686 
 
 12 Entire and servable, 2687 
 
 13 Apportionment of contracts, 2088 
 
 14 Asaeut to contracts, 2689 
 
 1 5 Contracts by iottcr, 2690 
 
 16 Persons disabled from making 2691 
 
 17 Of married women, 1703, 170S, 2092 
 
 18 Of infants — when binding, 2693, 2695 
 
 19 Exemption ot infants is {personal,. . . 2694 
 
 20 Marriage contracts of uifants, 2696 
 
 21 Insane persons, 2697 
 
 22 Incapacity may be pleaded, 2698 
 
 23 Ot drunkards, 2699 
 
 24 of slaves, voi<l, 2700 
 
 25 Of slaves, as agent or master, 27 00 
 
 26 Of free persons of color, 2701 
 
1010 
 
 INDEX. 
 
 27 Ijix. loci contrar.tux, 9, 2702 ' 
 
 28 Certain contracts void unless in , 
 writinfr ^ ''^^ j 
 
 29 Exceptions to the rule 195^ j 
 
 30 111 behalf of oounticR, must be in 
 writin'T 405 j 
 
 31 Consideration — when I'repnroed, -^"-^ ' 
 
 32 N'lihim factum, 27(t:{ 
 
 33 Viil;<i eonHideratir.n 2704 j 
 
 34 (iood jukI valimlilo edusiderationn.. . 2705 
 
 35 lM:idei(iiacv of co-.i-i.leralion. 2706 | 
 
 36 Mijitake of fact or law 27(»7 I 
 
 37 Mutual proiniMS 2708 j 
 
 38 Oonr-ideratinn p"'d in pari, and bad 
 inp^.rt 2703 
 
 39 Impossible considerations 2710 
 
 40 Consideration nifvinir from another, 2711 
 -41 Failure of consideration, *712 
 
 42 Illegal contracts 2713 
 
 43 Akrainst public ]M)licy 2714 
 
 41 Krniid voids nil contrHcts, 2718 
 
 45 Duress Toi<ls cftnlracls, 2716 
 
 40 CaniinK contmcts 2717 
 
 47 Hecovi'rv l»a.'k "f what is lost, 2717 
 
 A» Uv whom const ru(»d 2718 
 
 49 Rules of c<instruct'on,..2719. 2720. 2721 
 
 50 Alt' ration— elTcK-t of, 2793 
 
 51 Alterations— doterminalion •f, 2791. 2795 
 
 52 I'erformancff of coDtri»cts : . . . 281 1 
 
 53 hnpossibilitr of ]M«rforraan«>« 2812 
 
 54 Parlinl iK-rformance, 2813 
 
 55 Non-performam-o br fiinit of other 
 party 2814 
 
 56 Tender and its eflTecl, 2816 j 
 
 57 Ofspecilic srti.les 2818, 2818 
 
 58 At particular i>la(v 2817 
 
 59 Hreach of contracts, 2880 | 
 
 60 All breaches must Ik? includes! in ac- 
 tions on (H'ntracts, 2880 
 
 61 Of liro insiirimce. inuRt be ill wriliuj? 2744 
 
 62 15. rseer and employer 2195 
 
 63 S ..h of the conlracl, 2190 
 
 See ; 
 
 Cost a AC IS WITH Slaves. 
 
 1 On tViir own ac«.-ount. void STOij ^ 
 
 2 As ajcnt of master, valid. 2700 
 
 CosTi^inv riov. ' 
 
 1 Anioii_"^t trespassers. 3008 
 
 2 Anions several j <intly liable 30C5 
 
 3 An1on•J^l iiMr;.i. r» 1904 
 
 4 Amojv--! s';v,;> >. 214S. 21M, 2162, 2153 ] 
 
 COSVETAVCK- AMI KuOlSTKT. 
 
 See Ar./.v; litj.'yt.-iiti'V}. 
 
 COOBLIC.ORS AKD PliOMISSOBS. 
 
 1 In ditToront oouutics — where to be 
 s"-' 3200. 498J 
 
 2 1; xes of deceased, may be 
 
 =;. irvivors. 3161 
 
 3 JndpiH'ut when all not served. 3J64 
 
 4 If one pleads infaucv. suit does not 
 abate " 3265 
 
 5 Kc r.T^'.if in favor of 3147 
 
 COEP 
 
 1 Of fire worn! — size of 1513 
 
 2 PenaltT for selling less. 1512 
 
 Cobb. 
 
 See Cotton, Corn, Rice, &c., 
 
 COBOKKBS. 
 
 1 How and when elected, 55'.'. 1266 
 
 2 May bo appointed, 560 
 
 3 O«thof, 561 
 
 4 Thr •■ Wfhd= 502 
 
 6 Li -rids 
 
 6 K — when 
 
 7 ~s in ct-rtain cases, 
 —in what cases. . 
 
 :i .^i - 
 
 10 !'( aterment. . 
 
 11 Iti n 569, 
 
 12 C J 
 
 13 Y> !.>r cost,... 
 
 14 8ha!i iiwuo prwx-pi lor jury of in- 
 •pl'^St, 
 
 1 5 Farm of precept — who may summon 
 •jury,. . . 
 
 563 
 601 
 505 
 500 
 507 
 56K 
 570 
 571 
 87J 
 
 4002 
 
 4002 
 
 16 P' ■ ' rors fined, 4003 
 
 17 N rv 4004 
 
 18 (V 4005 
 
 19 (■ 'J'Ty 400«» 
 
 20 ^^ i'd and sworn 4007 
 
 21 1<. .'ssea, 4008 
 
 22 H. n 4009 
 
 23 1> : .r iKJison 4018 
 
 24 J 1, it? may act ns Cor»ner, 
 wliLii, 573 
 
 25 Fees of Coroner 3625 
 
 See offirrra of Ctmrt 
 
 Conr<)UATio\8. 
 
 1 !»,■•• ' 1582, 
 
 2 r 1624, 1625, 
 
 3 r 
 
 4 li irt* 
 
 5 r l,riw created. . . . 
 
 9 
 
 10 
 11 
 12 
 13 
 
 14 
 
 15 
 
 mP 
 
 V 
 
 i: 
 
 I c — 
 
 Heretofore granted, cannot be dissol- 
 
 ■d 
 
 I' 
 l 
 
 10 Av 
 17 1. 
 IS 1' 
 19 1. 
 
 23 N 
 
 24 .1 
 
 25 N 
 20 1 
 
 30 b- 
 
 1623 
 
 102G 
 
 1627 
 
 1629 
 
 1630 
 
 1631 
 
 1 
 
 1 
 
 1633 
 
 1634 
 
 1635 
 
 1C36 
 
 1637 
 
 i 1638 
 
 hnrtor 1639 
 
 "of members 1 04 1 
 
 - 1640 
 
 - 1642 
 
 ;ind members. . . . 1643 
 
 3279 
 
 •n of mode 3281 
 
 n 3282 
 
 — effect of. .. 3283 
 
 a 3284 
 
 krs 3285 
 
 President 3285 
 
 .he case 3286 
 
 328T 
 
 3288 
 
 •rrini? stock. releoB- 
 1445 
 
INDEX. 
 
 1011 
 
 OORPOBATE GOURTS. 
 
 1 Notaffected by this Code, 452 
 
 OORRrPTIOS OF BLOOD. 
 
 1 No conviction phall work, 4900 
 
 'Costs ix Civil Casks 
 
 1 In Supreme Court — who liable fotj. . 218 
 
 2 Party failincr liable for .m. 3601 
 
 ;! Attorney liable for— when 3602, ?,G0:{ 
 
 4 Where recorery is less than $50,. . . 3604: 
 
 5 May be demanded in advance — when, 3605 
 
 6 No more cost than damages — when.. 3606 
 
 Tin personal actions, 3607 
 
 8 Of witnesses of adver.se party, 3603 
 
 Taxed for what uiimuer of witnesses, 3G08 
 
 1 Not payable till after judgment, 3609 
 
 11 How ta.\ed 3610 
 
 12 Fi. fa. I'or, against plaintifTor his attor- 
 
 3611 
 
 ney 
 
 .13 Ft. fa. for ; against attorneys 3612 
 
 14 Of application to make titles by ad- 
 ministrators, 2512 
 
 15 Of est^^blishing lost papers, 3389 
 
 16 In cases of Uaheas Corpus 3929 
 
 17 In cases of .special verdicts 4120 
 
 Ji8 Of arbitrations — how taxed 415.') 
 
 19 How taxed in Supreme Court, 4187 
 
 20 Plaintiff's attorney liable for, 4186 
 
 21 Judgment for in case of reversal, . . . . 4186 
 
 22 Of inquests — how paid, 571, 572 
 
 23 For perpetuating tostunony, 3044 
 
 24 Witness' fees. 3764 
 
 .25 Mode of collecting fees of witness. . . 3763 
 
 'Costs i.v Criminal Cases. 
 
 1 Prosecutor — when liable for, 4518 
 
 .2 Of Stale'.s witnesses out of county. . . 3768 
 
 3 When party is acquitted or insolvent, 
 how paid, 4519 
 
 4 Mode of collecting, 4581 
 
 6 Paitl out of fines and forfeitures — 
 wlicu 459 
 
 «CoTTf>N-, CoKN", Rice, kc, 
 
 1 Ownership not changed till paid for, 1532 
 
 2 Penalty for failing to pay for, 1533 
 
 3 Oath of M-eiglier, . .' 1534, 1535 
 
 4 Penalty for weighing without oath,. . 1535 
 
 5 Tare on Rice 1536 
 
 G Tare on otlier articles, 1537 
 
 7 No deduction for turn of scales, 1538 
 
 8 Regulations for weigliing, 15.:59 
 
 9 Water shall not be diverted, 1 540 
 
 10 Rice dams, when to bo opened, 1541 
 
 11 Penalty, and proceeuiugs against of- 
 fenders, .<. 1542, 1543, 1544, 1545 
 
 1 2 Drainag aellowed, 1546 
 
 13 Proceedings in case of obstruction, . . 1547 
 
 14 Penalty for stopping up dam, 1548 
 
 15 Enlargement of dams, 1549 
 
 16 Compensation of freeholders and pen- 
 alty for default 155d 
 
 •COUNTIE.S. 
 
 1 Names and limits of, 30 
 
 2 Jurisdiction of, in cert.' in cases, 39, 40, 41 
 
 3 These entitled to two Llepresontatives, 42 
 
 4 Are bodies corporate, 463 
 
 5 Suits by and again.st, . 464 
 
 6 Conveyances to, 466 
 
 7 I'roperty of — by whom controlled, . . 467 
 
 8 Claims against — how audited, 478 
 
 9 Such claiinb', barred in 12 months,.. 479 
 
 10 Paving in favor of minors, kc 479 
 
 11 Judgments against, do not bind pri- 
 vate property, 480 
 
 12 Rights of creditors and tax payers, . . 485 
 
 13 Debts against — how paid, 487 
 
 14 Orders against— negetiable, 534 
 
 15 In what order paid, 530, 53L, 532, 533 
 
 16 When liable for escapes,. 3^68 
 
 See Nnr Counties. 
 
 Counterfeiting. f 
 
 1 Definition, kinds, and punishment. 4338. 
 
 to 4444 
 
 2 Marks and brands 4460 
 
 County Academies. 
 
 See Academies. 
 County Buildings. 
 
 1 Erection and repair of, 468 
 
 County Fund.s. 
 
 1 Punishment for embezzhng 4331 
 
 2 Proceedings to compel those liaving, 
 county fund.s, to pay tliem over, 494 to 497 
 
 3 Proceeding agaimst clerk of Inferior 
 court, for failing to pay over 513 
 
 County Officers. 
 
 1 Election of 1266, 4994 
 
 County Poor. 
 
 1 Supervision ef, 710 
 
 2 Poor houses 711 
 
 3 Commissioner of the Poor, 712 
 
 4 Duty and liability of commissioner, . . 713 
 
 5 Ajjplication of pauper — how made,.. . 714 
 U "Pauper" defined, 715 
 
 7 Pauper parents and children, bound for 
 each others support, 716 
 
 8 Certificate of clerk, evidence, 717 
 
 9 Those removing paupers, bound /or 
 their support. 718 
 
 11 If insolvent, the county whence they 
 came, liable, 719 
 
 12 Proceeding against migratory per- 
 sons, leaving paupens, 720 to 723 
 
 13 Pauper lunatics, &c., 724 
 
 14 Poor children bound out, 725, 726 
 
 15 Proceedings, if master violates con- 
 lract«, 727, 728 
 
 County Records. 
 
 1 Preservation of 469 
 
 County Revenue. 
 
 See County Tax. 
 County Surveyor. 
 
 1 TIow and when elected, 543, 544, 1266 
 
 2 Ilia term of ol2ce, 543 
 
 3 Needs no commission if appointed,.. . 545 
 
 4 His oath, 546 
 
 5 How removed 547 
 
 6 One for each county, 548 
 
 7 May appoint assistant, 548 
 
 8 Oath of assistant, 549 
 
 9 His office, where kept, 550 
 
 10 His duties specified, 551 
 
 1 1 Who pays his fees, 552, 553 
 
1012 
 
 INDEX. 
 
 12 Payment of fees — how enforced 554 
 
 13 Ilis purvey." — when evidence, 555 
 
 14 Who acts,' wlien there is none, 55G 
 
 15 Liability ot such person, 557 
 
 16 Peni;)tv for false survey, 558 
 
 17 Fees of, 3620 
 
 County Tax. 
 
 1 Ijcvied on recommendation of grand 
 jury, 481 
 
 2 Fiscal state of county, with es^timatcs, 
 
 to be hiid before grand jury, 482 
 
 3 Recommendation of any panel suffi- 
 cient, 484 
 
 4 Wlieu it may be levied without recom- 
 mendation, 483 
 
 5 Ki};]its uf cieJilorsiiiid t.nx payers,.. . 4 So 
 
 6 For what jiurposesaspessed, 48G 
 
 7 Order for assessing, 488 
 
 8 Upon wliat property assepsed, 488 
 
 9 Advert isenient of the order 489 
 
 10 Copy to tax collector 489 
 
 11 Useil only for purpose for which raised, 490 
 
 12 ('ollected and paid to whom, 491 
 
 13 Fees, and liability of collector, 492 
 
 14 Payment, how cnforcvMl, 493 
 
 15 Procecdingfl to <fimj>cl those having 
 county funds to jiay ihi-m ovt-r, 494 to 497 
 
 IG All (picstions as to, det^erminablc by 
 
 Inferior Oourt 449 
 
 17 Procccduig againct clerk of Inferior 
 Court lor retuimng funds 513 
 
 18 Rcvcniu' from otlicr nourcH'S 500 
 
 19 (liargts ti>r licences to n-tiiil, Ac 601 
 
 20 May be remitted by Inferior Court. . 499 
 County Tukasuuku 
 
 1 Appointment and term, 514 to 517 
 
 2 Time of electwig, whou, by the people, 1267 
 
 3 How removed, 518 
 
 4 Vacancy — how filled, 519 
 
 6 Kligil.ility of, 520 
 
 6 Oath and bond 522, 423, 524 
 
 7 Reiiuircuients where clerk of Interior 
 court is elected 521 
 
 8 i^hall receive ami pay out county funds 525 
 
 9 His oHicc — where kept, friti 
 
 10 His duties siwcilied, 527 
 
 11 His books, Ac., paid for by county,. . 528 
 
 12 When full, deposited iu clerU'a otlioo 
 
 of Inferior Court, 529 
 
 13 Payment of county orders, 530 to 533 
 
 14 Shall not bi.y orders at uisoount, . . . . oTio 
 
 15 Penalty therefor or for other default, 536 
 
 16 Shall make up schedule of orderR. 
 when clerk fads to do so, 538 
 
 17 Penalty lor failure 538 
 
 IS Duties of when also clerk ofluferior 
 
 Court, 539 
 
 19 Reuioval as clerk, works removal as 
 Trea.-*virer S39 
 
 20 Ksecuiiou against, for default 540 
 
 21 Settlement with succe.>iM)r 54 1 
 
 22 II correct, is titial if free from fraud,. . 542 
 
 23 Shall furnish grand jury with liuau- 
 
 dal rej.K»rt and estimates, 482 
 
 24 Liceu^e fees to be paid to 5 1 2 
 
 25 Punishment for embezzlement 4^31 
 
 26 Fees of County Treasurer, 3627 
 
 COUKT Horsts 
 
 1 How built and furnished, 469 
 
 2 Assignment of rooms of, 470 
 
 3 To be kept by sheriffg. 471 
 
 Courts .SlARTtAL. 
 
 See Militia Lans. 
 Courts of Okuixaht. 
 
 1 Name and style of, 294 
 
 2 General and exclusive jurisdiction of, 306 
 
 4989 
 .3 May punish contemptP, 307 
 
 4 Knforoement of process, 307 
 
 5 Jurisdiction aa to administration, ..308, 309 
 C V.'hon held '. 401 1 
 
 7 May lie adjourned 4013 
 
 8 Applications and proceedinga in, . . . . 4014 
 
 9 Contents of orders, 4015 
 
 10 objections and cavt^ats, 4016 
 
 1 1 Record of proceedings 4017 
 
 12 Minuter oi; 40I8 
 
 13 Docket f>f applications 4019 
 
 14 D<K-ketof retump. Ac. 4020 
 
 15 ( )rder8— how enforced 4021 
 
 Courts. 
 
 1 Rules of. binding 198 
 
 2 Powers of. 200 
 
 3 Minutes of, to Ix! rend and signed, . . . 202 
 
 4 Removal of records 201 
 
 5 Acts ot, valid witliout a clerk, 203 
 
 6 Right of jipiH-al to. secured 4.'-96 
 
 Courts of Ikq' i.y. 
 
 1 Who may liold 4611 
 
 2 -AFscxHatOP 4612 
 
 3 lndMlgcnc<' to defendant 4613 
 
 4 KvideiiC6—<ici<ridant'H statement .. . 4614 
 
 5 .\bjtrnrt of < v=*>-n'.-c 1615 
 
 6 R( ' ■ ■ ■ • sKes 4616 
 
 7 M.. :iCeof wilueBses, . 4617 
 
 8 Kill, s . : .i.ii'.on, 4618 
 
 9 Commitment— form, 4619 
 
 10 Taking b.iil 4620 
 
 11 Waiver of trial 4621 
 
 12 Mav commit Icr dilTerent ofTenco from 
 that charged 4622 
 
 1 3 Dispositiuu of papers, 4633 
 
 CoVKNANTS. 
 
 1 Knnning with the land, iniire to pur- 
 chaser 2584, 2661 
 
 2 Whalgeneral warrantyof title includes 2662 
 
 3 Of warranty of title to slaTe inures to 
 asKtgiKe, ■ 26C5 
 
 4 Offer to rescind not neees.<wry to recov- 
 er on covenant of warranty, 2666 
 
 6 Construction of, 2609 
 
 CoVkUTCRE. 
 
 1 Pleaoi; 3408 
 
 Creditors. 
 
 See Lcllur and OredLtor. 
 
 Crime 
 
 1 Definition of, 4188 
 
 2 Puiiishablo under co-existing laws,. . 4550 
 bee ycTMl Laws. 
 
INDEX. 
 
 1013 
 
 CmiUN'AL Conversation. 
 
 1 With wife— artion for 2P50 
 
 2 Proof of marriage in such case, 2950 
 
 Crops. 
 
 See Grov)ing Crops. 
 Clrhenoy. 
 
 See Coin and Currency. 
 Damages. 
 
 1 For breacli of contract, 2880 
 
 2 Liquidated damages, 2S81 
 
 3 Penalties in bonds 2882 
 
 4 Expenses of litigation. 2883 
 
 5 Exemplary, not allowed in cases ex- 
 contrartu, 2884 
 
 C Remote damay;e.=< 2885 
 
 Debtor and Ckeditor. 
 
 1 Relation of— when it exists, 1^46 
 
 2 Rights of Creditors favored, 1947 
 
 3 Equitable as-^ets, l^^S 
 
 4 Creditors may attack judgment, &c.,. . 1949 
 
 3230 
 
 5 Compulsory election, 1951 
 
 6 Cannot pursue person and property, 
 
 at same time, 1950 
 
 1 Obligations, which to be binding, 'inist 
 be in writing, ^ ^52 
 
 8 Exceptions, 1953 
 
 9 Acts void as against creditors, 1954 
 
 10 Debtor may prefer creditor, 1955 
 
 11 Appropriation of payments, 2S10 
 
 7 Interest may be added 2886 i Deceit. 
 
 8 Nominal — tender 2887 
 
 9 Discretion of jury, 2888 
 
 1 For breach of warranty of title to land, 2889 
 
 1 1 On bond for title-s 2890 
 
 1 2 Necessarj' expenses, 2891 
 
 13 For breach of warranty of title to 
 slave, ". 2892 
 
 14 Warranty of soundness 2893 
 
 15 For seduction of daughter, 2951 
 
 16 For torts — general rule, 2997 
 
 ] 7 Aggravated, 2998 
 
 1 8 Vindictive, 2999 
 
 1 9 Necessarj' expenses, 8000 
 
 20 Divisions of, 3001 
 
 21 "General," and "Special." 3002 
 
 22 "Direct, ' and "Consequential," 3003 
 
 23 Too remote— when 3004 
 
 24 Rule to ascertain. 3005 
 
 25 Exception to the rule, ... 3006 
 
 26 Against joint trespasser.s, 3007 
 
 27 ("untribuLion, 3008 
 
 28 Hire of Slav«s 3009 
 
 29 Highest amount proved, 3010 
 
 30 Death or destruction of property — 
 how far a defence, . 3011 
 
 31 Against officers for escape, 3567 
 
 32 Against county for escape 3568 
 
 33 On foreign bills of Exchange, 2742 
 
 34 If out of Confederate States, 2743 
 
 Dams. 
 
 See Cotton, Corn, Rice, dr. 
 Days of Grace. 
 
 1 Not allowed on sight drafts, 
 
 Deadly Weapons. 
 
 1 Carrying concealed — punislimeut,.. , 
 
 2 Possession of, with felonious intent, 
 
 3 Furnisiiing negroes with, 4512 
 
 Deaf and Dumij. 
 
 1 May have guardian — when, 1803 
 
 2 Oath, bond, power, and duty of 
 guardian, 1 S04 
 
 3 Wife has preference as guardian 1805 
 
 4 Proceedings for gunrdian.ship, . . 1800, 1810 
 
 5 Proceedings to revoke, 1811, 1812 
 
 6 Provisions applicable to guardian, .. . 1813 
 See Academy for Deaf and Durrib. 
 
 De bene esse. 
 
 1 Testimony used, 3043, 3819 
 
 2734 
 
 4413 
 4436 
 
 1 Definition of 2901 
 
 2 Representations to obtain credit, must 
 
 be in writing, 2902 
 
 Decrrbs. 
 
 1 Definition of, 4122 
 
 2 Moulding and enforcing, 4123 
 
 3 For money enforced by execution,. . . . 4124 
 
 4 May be enforced by attachment, . 4125 
 
 5 Transfer and lien of, 4120 
 
 May become dormant, and be revived, 4128 
 
 7 Interlocutory — how and when taken, 4111 
 
 8 When rendered without jury,.. .4111, 4110 
 
 9 For specific performance vests title 
 same as deed, 41 19 
 
 Defences to Contracts. 
 See Contracts; Plea ft. 
 
 Deeds. 
 
 1 Requisites of a deed, 2649 
 
 2 Consideration may be inquired into, . . 2G49 
 
 3 May convey future interests, 2650 
 
 4 Form of..." 2651 
 
 5 Escrows, 265^ 
 
 6 Of Infants 2653 
 
 7 Not voided by adverse possession, . . . 2654 
 
 8 To personalty, 2655 
 
 9 Inconsistent clauses, 2656 
 
 10 Recitals in, 2657 
 
 1 1 Estoppels in 2658 
 
 1 2 Ancient deeds, 2659 
 
 ] 3 Lost deeds may be established. 2660 
 
 14 To land — registration of, 2667 
 
 15 Attestation of deeds, 2668 
 
 16 Who may attest, 2668 
 
 17 Probate by witnesses, 2669 
 
 1 8 Probate by others, 2670 
 
 19 Fi.fa. may be recorded, 2671 
 
 20 Bills of sale to slaves— record of, . . . 2672 
 
 21 Former deeds stand as before, 2673 
 
 22 Regif!tered deed, evidence, 2674 
 
 23 Issue of forgeiT— trial of, 2674 
 
 24 Copy from record— when evidence,.- . 2675 
 
 25 Proof of registry, ■^'^'*2 
 
 Defaults. 
 
 1 Entry of, and proceedings tliercoii,. . . 338G 
 
 Delivery. 
 
 1 Of things sold 2600 
 
 2 Ofthingsgiv 
 
 2617 
 
 3 Of deeds, 2649,2652 
 
1014 
 
 INDEX. 
 
 Demaxd. 
 
 1 When necessary before action, 
 
 Demand tor Trial. 
 
 1 In criminal cases, 
 
 Demurrers. 
 
 1 Dcliiiition and grounds of 
 
 2 To indictments, 
 
 Deposttks. 
 
 1 ] )e(inition of, 
 
 2 Voluntary and involuntary depositary, 
 15 Bank depositcs, 
 
 4 Carrying deposites, 
 
 5 Re-delivery of naked deposites, 
 
 6 TTsing deposites. 
 
 7 Hoimbursemcnt. 
 
 8 Di'positarics for hire — liability and 
 lien of" 
 
 9 Factor's lien and liabilitj' 
 
 10 ■Warehouseman's liability, 
 
 11 "Wharfinger's liability, 
 
 12 "What the term "inn" includes, .... 
 
 1 3 Liability of inn-kecper, 
 
 1 4 "Who are guesis, 
 
 15 lun-kecpcr liiible for stolen goods, . . . 
 10 Delivery to inn-keopcr 
 
 17 Dcposite of valualiles 
 
 18 Presumption of law 
 
 1ft Inn-keeper's duty 
 
 20 His lien, .' 
 
 21 Livery stable keeper's liability and 
 lieu, 
 
 Depositions. 
 
 See Interrogatories. 
 Descant. 
 
 1 Land and slaves, vest in lieir 
 
 2 Otlier property vests in administrator, 
 
 3 Rules of inheritanoc 
 
 4 rroi)erty descending to /tine covert,.. 
 
 5 Riglit of pt)Ssession of estates, 
 
 6 When administrator may recover from 
 heir, " 
 
 7 Inheritance by bastards 
 
 8 Of legitimates from bastards, 
 
 Devise and Legacy. 
 
 1 Assent of executor, 
 
 2 Assent — how given 
 
 3 Assent of one of several 
 
 4 No form of words necessary to 
 
 5 Gift of income, 
 
 6 Construction of legacies, 
 
 7 Parol evidence — ambiguities 
 
 8 General and specilic legacies, 
 
 9 Income goes with corpus 
 
 1 Interest on legacies, 
 
 11 After acquired property 
 
 1 2 Legacy shall not lapse — when 
 
 13 Ademption of legacy 
 
 14 Substitution 
 
 15 Election by legatee, 
 
 16 Conditions — when void, 
 
 1 7 Payment of debts — abatement of leg 
 
 3179 
 4,^.''.4 
 
 4102 
 4.'i2») 
 
 20H2 
 20H3 
 2084 
 2085 
 20SG 
 2nS7 
 2088 
 
 2nsn 
 
 2000 
 
 2(i;ii 
 
 2092 
 2093 
 2094 
 
 2090 
 2097 
 209S 
 2099 
 2100 
 2101 
 
 2102 
 
 18 Charitable bequests — cypres,. 
 
 19 Executory devises, 
 
 2451 
 2451 
 2452 
 2453 
 2454 
 
 . 2455 
 1752 
 1753 
 
 2419 
 , 2120 
 2421 
 2422 , 
 2423 
 2424 
 2425 , 
 2420 j 
 2427 
 2428 : 
 2429 
 
 2430 I 
 
 2431 j 
 
 2432 I 
 
 2433 ' 
 2434 
 
 2435 
 2436 
 2437 
 
 DIL.4.T0RY Pleas. 
 
 1 Must be sworn to, Z395' 
 
 Discovery. 
 
 1 Equity may compel, 3034 
 
 2 Complainant may waive, 3034 
 
 3 Privilege of party, 303& 
 
 4 Must be full and free, 3036 
 
 5 Must be under oath, 303T 
 
 6 Answer — how far evidence, 3038 
 
 7 What is resiK)nsivc, 3039 
 
 8 Answer of co-defendants,- 3040 
 
 9 May be had at law 3733 
 
 10 How obtained al law, 3734, 3737 
 
 Disinterring Deau Bodies. 
 
 1 Punishment for, 4438 
 
 Dismissal of Actions. 
 
 1 Plaiulifl' may dismiss at any time,. . . 3380 
 
 DlSORKEKLY HoUSES. 
 
 1 Defiucd — punishment 4422 
 
 Distress Warrant. 
 
 1 Whuii it may issue for rent 2267 
 
 2 How issued,' 5101 
 
 3 Levy and sale under 5101, 5102 
 
 4 Replevy of projKjrty 5103 
 
 5 Claims to the projKjrty. how tried,. . . 5104 
 DiSTRiiuTiox OK Estates. 
 
 1 Rules of inheritance 2452 
 
 2 Inheritance by illegitimates 1752 
 
 3 Of kgitiinate.-» from bastards, 1752 
 
 4 Year's support for family of deceased 4422 
 — how set apart, 2531 
 
 5 Furniture to widow, 2531 
 
 6 Si-hedule — objections — trial, 2532 
 
 7 Title to the i)roi)erty set apart, 2533 
 
 8 Provision in lieu of year's support,.. . 2534 
 
 9 Whore there are two sets of children, 2535 
 
 10 Fees und cost.>< — how paid, 2536 
 
 1 1 Advancements defined, 2537 
 
 12 Proof of advanoements, 2538 
 
 13 Portions ia trust and to children of 
 deceased chiM, are advancements.. . . 2539 
 
 14 Advancements — how accounted for, . 2540 
 
 15 How estimated. 2541 
 
 16 Divisions in kind — notice, 2542 
 
 17 Appointment and duty of partitioners, 2543 
 
 18 Retuni. and objections thereto, 2544 
 
 19 Widow may select slaves, 2546 
 
 20 Refunding "bonds 2545 
 
 21 Of free jiersons of color 1831 
 
 DisTKiRrTioN OF Laws akd Journals. 
 
 See Imus and Jirnrnalf. 
 Districts asp CiRcriTS. 
 
 1 Supreme court districts 3158 
 
 2 Judicial circuits 31€3 
 
 3 Militia districts 453, 454, 45& 
 
 4 To what district c-ases must be car- 
 ried 47 
 
 5 To what circuit new county belongw, . 48 
 See Militia iHstriri.s. 
 
 Divorce. 
 
 1 Superior court, has exclusive jurisdic- 
 tion of 4974 
 
 2 Total and partial 1669 
 
 3 Verdicts required 1669 
 
 4 Grounds for total divorce 1670 
 
INDEX. 
 
 1015 
 
 5 Discretionary ground?, 1671 
 
 6 Collusion — condonation — discretion of 
 jury, 1673 
 
 7 Grounds for partial divorce, 1672 
 
 8 Confessions of party, 1674 
 
 9 Proceedings to obtain, 1675 
 
 10 Schedule, and disposition of property, 1676 
 
 11 Transfer of property pending suit,.. . 1677 
 
 12 Verdict ' '. 1678 
 
 13 New trial, 1679 
 
 14 Judgment or decree, 1680 
 
 15 Scruples of juror, 1681 
 
 16 Effect of divorce, 1682 
 
 1 7 Second marriage, 1 683 
 
 18 Effect of partial divorce, 1684 
 
 19 Custody of children, 1685 
 
 20 Renewed cohabitation, 1686 
 
 21 Judge's duty in cases ex parte, 1 087 
 
 22 Rights and disabilities of parties reg- 
 ulated by court, 4074 
 
 Dockets. 
 
 1 Of Superior courts 262 
 
 2 Of Inferior courts, 292 
 
 .•'. Of Courts of Ordinary,. . .316, 4019, 4020 
 
 4 Of Ju.«itioes' courts, 429 
 
 5 Criminal docket — how called, 4592 
 
 DO0UMEN"T.\RY EVIDEN'OE. 
 
 1 Laws and Journals recognized with- 
 out proof, 3738 
 
 2 Certified copies of office papers, evi- 
 dence, 3739 
 
 3 Such copies, when primary evidence,. 3740 
 
 4 Destroyed records, 3741 
 
 6 Proof of registry, 3742 
 
 6 Copy from registry 3743 
 
 7 Where registr^y is destroyed 3744 
 
 8 Presumption of proper probate, 3745 
 
 9 Former laws still of force, 3746 
 
 10 Laws of C. S. and the several States, 
 recognized, 3747 
 
 11 Foreign laws — how proved, 3748 
 
 12 Effect of judgments as evidence,. . . . 3749 
 
 13 Not evidence fer a witness, 3751 
 
 14 Judgments m r-jn, 3750 
 
 15 Judgments — how attacked, 3752 
 
 16 Notarial acts— proof of, 3753 
 
 17 Books of account, 3700 
 
 18 Acts of Congress copied, 3753 
 
 19 Final receipts of guardian — when ad- 
 missible 1797 
 
 DOMICIL. 
 
 1 Definition of. 1644 
 
 2 Election of one of two, 1645 
 
 3 Of transient persons, 1645 
 
 4 Of married women, 1 046 
 
 5 Of minors, 1 647 
 
 6 Of lunatics, 1648 
 
 7 Of slaves and free negroes, 1649 
 
 8 Change of domicil, 1650, 1651 
 
 Donations. 
 
 1 Requires two-thirds of Legislature to 
 
 grant, 4948 
 
 Dormant Jcdgments. 
 See Juxhjments 35 to 41. 
 
 Dower. 
 
 1 Definition of, 1713 
 
 2 How barred, 1714 
 
 3 Election between bequest and dower, 1715 . 
 
 4 Election in ignorance, 1716 
 
 5 In several tracts in different counties, 1717 
 
 6 Dwelling house and furniture, 1718 
 
 7 Not barred by liens, 1719 
 
 8 Life estate in proceeds of sale, 1720 
 
 9 Money in lieu of, 1721 
 
 10 Paraphernaha of wife, 1722 
 
 Drafts. 
 
 See BiJh of Exchawje. 
 Driftwood. 
 
 1 Penalty for buying or seUing,. . .1513, 1514 
 Druggists. 
 
 See Physicians and Druggists. 
 Drunkards. 
 
 1 Contracts of — when binding, 2699 
 
 2 May have guardian, 1 803 
 
 3 Bond, oath, power, apd duty of guar- 
 dian, '. 1804 
 
 4 Other provisions as to guardian, 1813 
 
 5 Wife entitled to guardianship, 1805 
 
 6 Proceedings for guardianship, .1806 to 1810 
 
 7 Proceedings to end commission, . 1811, 1812 
 
 8 How received and kept in Lunatic 
 Asylum, 1306, 1307 
 
 Drunkenness. 
 
 1 When an excuse for crime, 4197 
 
 2 When caused by others, 4197 
 
 3 When a ground for divorce, 1671 
 
 4 When it disqualifies witness, 3775 
 
 Duelling. 
 
 1 Punishment for, 4402 
 
 2 Seconds same as principals, 4403 
 
 3 If death ensue, it is murder, 4404 
 
 4 duty of peace officers, 4405 
 
 5 Punishment for proclaiming one a 
 
 " coward," 4406 
 
 Duress. 
 
 1 Definition of. 2593 
 
 2 Makes sales void, 2589 
 
 3 Voids contracts, 2716 
 
 Education. 
 
 1 Power of Legislature over, 4944 
 
 ^CQ Academies ; Academy for Blind; Acad- 
 emy for Deaf and Dumb; Common Schools 
 and Education; Georgia Military Institute; 
 University of Georgia. 
 Educational Fund. 
 
 See Common Schools and Kdarctinn. 
 Ejectment. 
 
 1 For land on county lino, 3268 
 
 2 Count for mesne profits, 3269 
 
 3 No separate .suit for mesne jirofits, 3270 
 
 4 By tenant in common, 3271 
 
 5 Against distinct claimants, 3272 
 
 C In favor of such claimants, 3272 
 
 7 True claimant made party, 3273 
 
 8 Di.-^elaimer— etlect 6f, 3274 
 
 9 Judgment conclusive, 3275 
 
 10 Who may be co-defendant, 327G 
 
 11 Consent rule, ._ 3277 
 
 12 Recovery on prior possession 3278 
 
1016 
 
 INDEX. 
 
 13 "Writ of possession 3.')59 
 
 14 Clause for mesne prolits and cost,. 3r)59 
 
 15 Sball not issue against strangers, . . 8560 
 Election. 
 
 1 When case of, arises, 3092 
 
 2 Bv legatee, 300:3 
 
 3 By tire court,- 3094 
 
 4 Compensation of defeated legatee, 3095 
 6 Under deeds, 8096 
 
 6 Compulsory election of creditors,. 1951 
 
 7 By widows 1715. 1716, 2584 
 
 Elections. 
 
 1 By the people, by ballot 4992 
 
 2 Qualification and oath of voters for 
 Lr>gislators, 1222, 4990 
 
 3 Voters for other officers, 1223 
 
 4 One may vote anywliere in State — 
 when, 1224 
 
 5 Oath of voter out of his county,. . 1225 
 
 6 Further oath if required 1226 
 
 7 Chango of counties will not defeat 
 rights of voter, 1227 
 
 8 For legislature — who mny liold,.. . 1228 
 
 9 Suporintendants" oath 1229 
 
 10 Before whom taken 1230 
 
 11 Election precincts 1231 
 
 12 Time of holding the pame 1232 
 
 13 When held by freeholders 1283 
 
 14 Mode of conducting, 1234 
 
 15 Penalty for failure of duty 1235 
 
 16 Examination of list and l)al]ot,.... 1230 
 
 17 Pilank fornix; — how furnishod 1237 
 
 18 Fraudulent returns — penalty, 1238 
 
 19 Improper influence on voter, 1238 
 
 20 Voters fn u from arrest 1239 j 
 
 21 Elections to fill vacancies, 1240 
 
 22 How ctMulucted and regulated 1241 | 
 
 23 For Governor, 1242 
 
 24 EK'cted biennially 1243 
 
 25 Separate returns 1244 
 
 20 For Congressmen, 1242 ' 
 
 27 When held 1245 I 
 
 28 For an extra session 1246 I 
 
 29 Eligil)ility of candidate 1247 
 
 oO ri.xlamation of result 1248 j 
 
 31 New ele(,lion is case of tie, 1249 ■ 
 
 32 Must apply for commission, 1250 
 
 33 For Presidential electors 1242 , 
 
 34 When held, 1251 i 
 
 35 Governor must notify them 126'2 
 
 36 Vacancies — how lilled, 1253, 1254 ! 
 
 37 I'ay of electors and secretary,. . . . 1257 
 o8 For .Judges of Superior Court 1242 j 
 
 39 AVhen iRdd, 1258 , 
 
 40 Proclamation of result, 1259 | 
 
 41 For Solicitors General 1242 
 
 42 When held 1264 ' 
 
 4:> ProclanKition of result, 1263 
 
 44 For fount r oflici-rs, 1264 
 
 45 Justices of Inferior Court and Or- 
 dinary — when elected, 1205 
 
 46 Time of electing other county offi- 
 cers - 1260 
 
 47 Time of (■l(iotin7 Treasurer ]-Ji,~ 
 
 48 General provision as to time, 1268 
 
 49 Public notice of. 1269 
 
 50 lime and place of electing Justices 
 
 of the Peace, 1270 
 
 51 Superintendence of, 1271 
 
 52 Returns, how made, 1272 
 
 63 How governed 1273 
 
 54 For Constable 1274 
 
 55 How conducted, 1275 
 
 56 When contested — proceedings,.. . . 1270 
 
 67 In case of Legislators, 1277 
 
 68 Suspected ballol> 1278 
 
 69 Set oil" of ilh'gal voters, 1279 
 
 60 In case of Constables, &c 1280 
 
 61 Not d. tVuted— when 1281 
 
 62 For Senators to Congress, 1282 
 
 63 Of Judges of Supreme Court, Print- 
 
 er, Bank Director and State Houso 
 Offi( er* 1288 
 
 64 Of ofliiers unprovided for, 1284 
 
 65 For malitiu offiecrs 4994 
 
 66 Elections by General Asj^embly,. . 4991 
 
 07 If an oflicer elected be ineligible,.. 12(i 
 
 08 Failure lo qualify makes him inel- 
 igible to re-cleiliwii, 128 
 
 Election rKKciscTa. 
 
 1 How eMahlished and changed, 285, 1231 
 
 2 But one in each mulitia dibtrict,. . . 1231 
 Electok.m- Coi.i.r.c.y.. 
 
 1 President of, 1255 
 
 2 Secretary of, 1255 
 
 3 Rctord of proceedings, 1255 
 
 4 Shall choo.«o messenger to convey 
 vote 1256 
 
 5 Pay of members of, 1257 
 
 G Pay of ^'^cretAry 1257 
 
 Embk/.zlkmknt. 
 
 1 Of county funds — punishment,.. . 4331 
 EMimACKnv. 
 
 1 Definition afid punishment 4390 
 
 E.MIKKNT Domain. 
 
 1 Right of — when nnd Low exercis- 
 ed 2201 to 2204 
 
 Enclosvukk and Fkncks. 
 
 1 Kequi>itoa of good fence 1399 
 
 2 Enclosures by ditchee, Ac , 1400 
 
 3 Owner of nnimul — when nut liable, 1401 
 
 4 When liable 1402 
 
 6 AVater courses are fences — when,.. 1404 
 G Poisoning crojis, 1403 
 
 Endobsemknt. 
 
 1 Need not be ur.dor seal 2725 
 
 2 Limited endorsement, 272G 
 
 3 Contract of, 2730 
 
 4 Need not be proved — when, v 2796 
 
 See Kndorsrrs. 
 
 EVPOESKBS. 
 
 1 Undertaking of. 2730 
 
 2 Entitled to notice 2731 
 
 3 May be sued with maker 2732 
 
 4 For accommodation arc sureties,. . 2128 
 
 5 Holding to bail bv 2134 
 
 6 May .'^lie principal for money paid. 2139 
 
 7 May foreclose mortgage 2142 
 
INDEX 
 
 1017 
 
 8 May attach principal 21 88 
 
 9 May have /iee.r''a^ against principal, 2138 
 10 May control r?. r'" 2149 
 
 Sec Endarsement. 
 Entails 
 
 1 Prohibited, 2230 
 
 Equity. 
 
 1 Jurisdictiion, iu Superior Court, . . 3013 
 
 2 Grounds of relief j^'^^ 
 
 3 Choice of former, 3015 
 
 4 Follows law, 3016 
 
 ij Complainant must do equity, oOlT 
 
 6 Will do complete justice, 3018 
 
 7 Deems that done which ought to be, 3010 
 
 8 Equal and unequal equities, 3020 
 
 9 Of volunteers, is inferior, 8021 
 
 10 Of party misled, 3022 
 
 1 1 Equality it; equity, 3023 
 
 12 Ettect o'f notice 3!)24 
 
 13 iJona lido purchasers, 3025 I 
 
 14 Where both {.artics at fault, 302(i 
 
 15 Will not relieve in ease af laches. . 3027 I 
 
 10 Nor if there be remedy at law,. . . 3028 
 
 17 In case of concurrent jurisdiction, 3029 
 
 18 Masters <.r Auditors 3030 
 
 19 i\[ay a])point receivers, 3031 
 
 20 Enforcement of decrees 3032 
 
 21 'Extent of jurisdiction, 3033 i 
 
 22 Follows law as to set off, 3072 
 
 23 Extraordinary remedies enforcea- . • 
 ble bv attachment 3157 | 
 
 24 Wif»>"s equity 1710 ^ 
 
 Sec Accident and M'lMakr : Accounts: Ad- | 
 
 ministration of assctis ; Chanties ; De- \ 
 crccs ; Dcmurers; Discoveri/i 1 to 9: 1 
 Election, 1 to 5 : Equity Plervdin-ff and j 
 Practice; Fraud, 9 to 20; Ipjunctif-n-f ; < 
 Mandamus, 1 to 5 ; Ne exeat ; Par^ion. 
 14 to 10: Perpetuation of Testimoi^y. (i I 
 to 19; Prohibition; Quia. Timet; Quo\ 
 \Varra7ito; Specijic Performance ; Trust 
 Estates ; Trustees. 
 Equity Pleading axu Practice. 
 
 1 Proceeding in equity, by bill. 4087 
 
 2 Discoveries — interrogatories, 4088 
 
 ?, ATUcudnients, 4089 
 
 4 Who mav complain 4090 
 
 5 Persons under disability 4091 
 
 6 Parties— distributees, &c 4092 
 
 n Divisions of bills, 4093 
 
 8 Gross i-)iils; Supplemental bills: and 
 bills of revivor, are abolished 4093 
 
 9 Bills lor discovery, and to perpetuate 
 testiuioaey ." 4094 
 
 10 Bills for a.-^count 30G9 
 
 11 Bills for discretion. . 3076 
 
 12 Creditors' bills, 3079 
 
 13 Bills to marshall assets :i077 
 
 14 Venue 4095 
 
 15 Mode and time of filing bills 4096 
 
 10 Subpoena and service, 4097 
 
 17 Sanction to extraordinMry writs— how 
 
 ootamed— how set rsitlc. ^098 
 
 IS Service of siieh Writs. .'. -1099 
 
 19 Dismissal of bills : rig-htsof defendant 4100 
 
 20 Modes of defence. •. 4101 
 
 21 Demurrer — ground.-} of, 4102 
 
 22 Pic'e, and impure pieas — veritieation, . 4103 
 
 23 Answer — exceptions, 4104 
 
 24 Veruicaiion of answer — privilege of 
 defendant— amendment, 4105 
 
 25 Kffect of amending bill — answer to a- 
 meuidineut, 4106 
 
 26 How defendant mus;t answer-effect of 
 answer, on mere belief, 4107 
 
 27 Verification of bill or answer, by non- 
 resid.^ut, 4108 
 
 28 Replication, aud order for trial, abol- 
 ished, 4109 
 
 29 Notice of tiling demurrer or plea, .... 41 10 
 
 30 Interlocutory decrees and orders,. . . . 4111 
 
 31 Waster or Auditor — duty of, 4112 
 
 H2 His report— exceptions to 4113 
 
 83 His fees, 4114 
 
 34 I'rial term of equity cases, : 4115 
 
 35 When jury nece^sarv, 4110 
 
 36 Rules of evidence aud practice 4117 
 
 .S7 Bills— when taken ^jro confe.'iso, 4118 
 
 38 Decree for specific performance, vest 
 
 titlo as deed, : 4119 
 
 H9 Special verdict — costs, 4120 
 
 40 New trials, in oiiuity cases, 4121 
 
 41 Appeals abolished, 4121 
 
 42 Decree defined, 4122 
 
 43 Moulding and enforcing decrees, 4123 
 
 44 Money decrees— how enforced, 4124 
 
 4.'> May b« enfonied by atiaehment, 4125 
 
 4t; Transfer and fien of decrees 4126 
 
 47 Injunctions, &c., enforced by attach- 
 ment, 4127 
 
 48 Dormant decrees — revival 4128 
 
 49 Limitation on bills of review, 4129 
 
 59 Proceedings ix-parte, by petitiion 4130 
 
 01 What may be done at chambers, 4131 
 
 52 Notice, when necessary 4132 
 
 53 In case of minor.s 41 33 
 
 Error- . . ^ oAn 
 
 1 For judge to go out of written charge, 240 
 See Bill of exception ; New Trial 
 
 Escape. 
 
 1 Aiding es'-ape from jail, 4-5Tu 
 
 '2 From custody, - • 4:577 
 
 8 From Penitentiary, 4378 
 
 4 Voluntary escapes 4379 
 
 5 Lialiility of officers for, 3d67 
 
 G Shall control casa after paying it, 3565 
 
 7 liiability of county for, 3568 
 
 8 From penitentiary— where tried 4545 
 
 ESCHKAT. 
 
 I 1 When It ha. pens 2027 
 
 I 2 Alien Heirs, ^^^^ 
 
 I 3 Escheator —rights and duty, 2629 
 
 I 4 Duty of Ordinary 2630 
 
 5 Claims, and trial thereot, 20.^0 
 
 1 6 Proceeds, how disposed of, • • 26,31 
 
 I 7 Counsel of escheator, 2632 
 
 i 8 Claim to fund, barred in six years, 26o3 
 
 i See Fi-ee Persons ofcohr, 38, 41. 
 
 ' \ rcfiiiition— in what created, 2225 
 
1018 
 
 INDEX. 
 
 • 2 Absolute or fee simple, 2226 
 
 3 Fee may be in abeyance 2227 
 
 4 Words to create absolute estate 2228 
 
 5 Rule of construction, 2228 
 
 6 Technical words 2229 
 
 1 Estates tail prohibited, 2230 
 
 8 Rule in certain cases, 2230 
 
 9 Limitations over — how construed. . .. 2231 
 See Efitates for lift ; Estale.f for years ; Et- 
 
 taies on conditions; Eftafcji in remainder, 
 and lieversion ; Tenancy at 'will : Ttnancy in 
 common ; Trust E'sUiks, 
 Estates F( it Lifc. 
 
 Detiiiition 2'-':;-: 
 
 2 How, and in wliat created, . , 22.';.': 
 
 3 Ksiatcs dnrin;r widowhood, 22!M 
 
 4 Rights and liabilities of life tonnnt. . . . 22:i.') 
 
 5 Increase, goes to whom, 2'J3(i 
 
 6 Emblements 2237 
 
 7 Hirer from life tenant 2238 
 
 8 No tenancy by courtf'sy 22.''.!* 
 
 9 Cruelty to plaves by iile tenant, 22 lt» 
 
 10 Sale oi" slaves by him a241 
 
 11 Sale of lands by him 2242 
 
 12 Tenant shall not remove personalty,.. 2243 
 
 13 Sold under iir(K'ess-l)ond ofpnrchnner. 2244 
 Estates for Yeaus. 
 
 1 Definition of 2255 
 
 2 Differ from bailment, and relation of 
 landlord and lonnnt 2266 
 
 3 Rights and liabilities of tenant, 2267 
 
 4 Emblement '. 22ft8 
 
 5 E.xpenses and repairs 2259 
 
 9 Lease — construction, 'J2G0 
 
 Estates in RrxiAiKHKR ani» Reveusiok. 
 
 1 Delinitions 2246 
 
 2 No particular estate needed 224G 
 
 3 Vestt'd, and contiu^jent remainders.. . 224t 
 
 4 Ridits oflieirs 2248 
 
 5 Perpetuities 2249 
 
 6 Remainders cannot be created by par- 
 ol 2250 
 
 t^ Vestinu remainders favore<l 22r<l 
 
 8 They may l>e created for persons not 
 
 in beinir.". • 22.50 
 
 9 Merirc^r 2253 
 
 10 Assent of exct.'Utor 2252 
 
 11 EstateB durinic widowhood 2254 
 
 12 Limitations over, on mnrriape, . .... 2254 
 Estates ox Condition. 
 
 1 Definition of 227."» 
 
 2 rreeedeut and subsequent conditions, 227 15 
 
 3 Repugnant conditions, void 2277 
 
 4 Disability — notice 227tt 
 
 5 Dependant and independent conditions 2279 
 
 6 Breach of condition — effect of, 2280 
 
 Estoppk'.s. 
 
 1 In deeds, 2657, 2668 
 
 2 On carriers, 2048 
 
 3 On tenants, 2265 
 
 4 Examples of 3676 
 
 Estrays. 
 
 1 Who may take up 1383 
 
 2 How disposed of 1384 
 
 3 Advertisement of 1 38.1 
 
 4 .'^alo of, 1 386 
 
 5 When sold on freehold, 1387 
 
 i; Disposition of money, ] 388 
 
 7 Reclamation by owner, 1389 
 
 8 Trials of condicting claims, 1390 
 
 9 Compensation of taker up, 1391 
 
 10 Penalty for misconduct 1392 
 
 12 Stud horses gelde<l — when 1393 
 
 Evidence. 
 
 1 Object of 3670 
 
 2 Sundry definitions, 367 1 
 
 3 Amount of mental conviction, 3672 
 
 I Rules of UTiilorm in all courts, . 3673, 4117 
 
 'i Matters judicially rcf^ognized 3674 
 
 I'l Presuiii]itioiis (.flaw and fact, 3675 
 
 7 Kstop|ii 1 — .xMiipl.-s (if, ■. .. 3676 
 
 s /'/■///..//./< pr-Mmiptions, 3677 
 
 9 NumlaT el' wltiifsses necessarj' .1678 
 
 10 Must be relevant, '. 3679 
 
 1 1 Oharai^ter and conduct of parties. . . . .^680 
 
 12 liurdon of proof, 3681 
 
 13 Clinnging vnuJ<, 3682 
 
 14 Best evidence niiist >>n protliiccd, . . . . 3683 
 
 15 Primary and (»ecoiidary 3684 
 
 16 Written evidence 3685 
 
 17 (',..;,. , , , ,.ords and wiUh 3686 
 
 IS (' .'e 3C87 
 
 19 li , - (m w.illn. .kc, 3788 
 
 20 OUier exivpliwis, 3689 
 
 21 Secondar}' evidence- when .ndinittcd. 3690 
 
 22 Degrees in fecondary evidence, 3691 
 
 23 Kxistencv of original, muat bo shown, 
 before c<jp\ . i 3692 
 
 24 Hearsay e'\ ■ . d 3693 
 
 25 It is soineliii,. - -m, _,....! 3694 
 
 26 I'edigree 3695 
 
 27 7iVs ,jr-Uu 3690 
 
 28 Owlaratiuns of jiersone in jH>e8ee8ion, 3697 
 
 29 Deel.iration of coiiKpiratorR, 3698 
 
 30 Of dc-ceased persona, 3699 
 
 3 1 Ikwjkg of HccoiintH, 3700 
 
 32 Matters of public interest, 3701 
 
 33 Aiieieiii docunietU*, 3702 
 
 34 Aucienl boundarifs and laud mark.s,. 3703 
 
 35 I lying declarations 3704 
 
 36 Testimony of witnesses since dead.. . 3705 
 
 37 Admiscidus and confessions. 3706 
 
 H8 Aihaissions of party to nx-ord, 3707 
 
 39 Of tlie real party iu" interest, 3708 
 
 40 Of third iK.'reon.s, 3709 
 
 4 1 t>f agents 3710 
 
 42 Of privies 3711 
 
 43 Adnasious improperly obtained, 3712 
 
 44 Aciiuiesen<?e or silence 3713 
 
 45 Entire conversation 3714 
 
 46 Weight of admissions and oonfesBions 
 
 as evidence 3715 
 
 47 Ccnfesi^ion8 must Le voluntary, 3716 
 
 48 Made under promise, ilc 3717 
 
 49 Facts discovered by confessions, 3718 
 
 .')0 Confessions of conspirators, 3719 
 
 51 Confidential communi<aitions, 3720 
 
 52 Between attorney and client 3721 
 
 53 When grand jurors may disclose 3722 
 
 54 Of answers in etpiity, ... 3038, 4107 
 
INDEX. 
 
 101& 
 
 55 Of co-defendants, 3040 
 
 66 Parol evidence to affect WTitten, 3723 
 
 57 Ambiguities, 3724 
 
 58 Contemporaneous writings, 3724 
 
 59 Where part only is in writing, 3726 
 
 60 Surrounding circumstances, 3727 
 
 61 Usage, 3728 
 
 62 Other cases 3729 
 
 63 To shew instrument void, 3725 
 
 64 Receipts, 3730 
 
 65 Blank endorsements, 3731 
 
 66 To reduce deed to mortgage, 3732 
 
 67 Discovery at law from parties, 3733 
 
 68 Proceedings to obtain it, 3734 
 
 69 Wlio to execute interrogatories, 3735 
 
 70 Penalty for notanswenng, or answcr- 
 
 mg evasively, 3736 
 
 71 Privileged matters, 3737 
 
 72 Private writings — production of, ... . 37ft4 
 
 73 When paper is lost, 3755 
 
 74 When notice to produce 13 unneces- 
 sary, 3757 
 
 75 Explanation of alterations, 2795, 3758 
 
 76 Proof of writing — when dispensed 
 with, •. 3759 
 
 77 Wlien subscribmg witnesses must be 
 produced, 3760 
 
 79 Other proof heard — when, 3761 
 
 80 Hand writing— proof of, 3762 
 
 81 Comparison of hands, 3763 
 
 82 Admission of executor's and legatee's 
 when admissible, in issues of devisavit 
 
 vel non, 2400 
 
 See Admissions ; Books and Papers; Confess 
 sions; Discovery 9, 10; Documents; Evi- 
 dence; Jnterroijalories ; Witnesses; Justices'' 
 Courts 20 to 27. 
 Executive Departmknt. 
 
 1 Books of, 7S 
 
 2 Seal of, 79 
 
 Executive Office. 
 
 1 Where to be kept SO 
 
 Execution of Powers. 
 
 1 Jurisdiction of equity over powers, . . ?097 
 
 2 Discretion — defective execution, 3098 
 
 3 Collufive execution, 3099 
 
 4 lUuPorj' appointment, 3100 
 
 5 Consent of trustees to marriage, 3101 
 
 6 Cases of no discretion, or of abuse of 
 discretion, 3102 
 
 Executions. 
 
 1 How issued and directed, 3553 
 
 2 On what to be levied, 3553 
 
 3 How directed, when Sheriff is party,. 3554 
 
 4 Who may levy in such case, 3554 
 
 5 Affidavit to obtain ca sa, 3555 
 
 6 May issue at any time, but appeal 
 suspends, 3556 
 
 7 When returnable, 3557 
 
 8 Must follow judgment, 3558 
 
 9 On judgments in ejectment, 3559 
 
 10 Writs of possession, not to go against 
 strangers, ; 3560 
 
 11 May be framed by Judge, 3561 
 
 12 Ca SOS and proceedings on,.. .3562 to 3566 
 
 13 Levy of must describe property, 3569 
 
 14 That in defendant's possession first 
 taken, 3570 
 
 15 Defendant may point out, 3570 
 
 16 Grooving crops exempt from levy, . . . 3571 
 
 17 Exception, 3571 
 
 18 Notice of levy on land, 3572 
 
 19 Land — where to be sold — notice, .... 3573 
 
 20 Constable shall not sell land or slaves, 3574 
 
 21 Must return levy to sheriff, 3574 
 
 22 Unexplained levies, satisfaction, 3584 
 
 23 Release of property, 3585 
 
 24 Allowing younger^. /a. to take fund, 3586 
 
 25 Agreement never to enforce, 3587 
 
 26 Stay of executions, 3588, 3589 
 
 27 Control of, by security on stay, 3590 
 
 28 How stayed in Justices court, 4077 
 
 29 From Justices court — how backed in 
 another county, 4077 
 
 30 Selhng property, may be recorded,. .. 2671 
 
 31 Amendment of, . . ' , 3425 
 
 32 When lost, alias may issue, . ...3892, 3895 
 
 33 Tax executions, how issued and di- 
 rected, 810 
 
 34 Against trust estates, must specify 
 property, 3294 
 
 See cajnas ad satisfaciendum. 
 
 Executors. 
 
 1 Appointment — how made, 2408 
 
 2 Power of, before probate of will, .... 2407 
 
 3 Administrator with will annexed,.. . . 2409 
 
 4 De son JorC— liability of, 2410 
 
 5 Oath of executors, 2411 
 
 6 Marriage of executrix, abates her 
 office, 2412 
 
 7 Interest of — trustees of residuum,. .. 2414 
 
 8 Marriage of executrix de son tort, . . . 2413 
 
 9 May be required to give bond, 2415 
 
 10 Powers, duties and liabilities of, 2416- 
 
 1 1 When more than one, 2417 
 
 12 Rights of foreign executors, 2418 
 
 13 May invest fuuds, 2503 
 
 14 Assent of to legacies, 2419 
 
 1 5 May make returns in new county, ... 38 
 
 16 Shall not separate slave mother and 
 child, or husband and wife 2521 
 
 17 Sales by, ' 2528 
 
 1 8 Suits on bond of, 3295 
 
 11) Bond may be sued in first instance — 
 
 when, 3296, 3298 
 
 20 Principal's property first exhausted, . 329^ 
 
 21 Service on one of several — when 
 good, 3300 
 
 22 Pleas peculiar to, 3404 
 
 23 Other pleas by, 3405- 
 
 24 Judgments against, 3492, 3493 
 
 25 May remove proceedings to another 
 county, 2568, 256» 
 
 26 Renunciation of, is final, 2405 
 
 27 Admissions of, in issues of dtvisavit 
 
 vel non 2406 
 
 Ex post facto Laws. 
 
 1 Prohibited, 4905, 5042 
 
 Extortion. 
 
 1 Definition, 4393- 
 
1020 
 
 INDEX. 
 
 2 Punishment, 
 
 Factors. 
 
 1 Their liability and linn 1987, 
 
 Failure of Consideration. 
 
 1 May be pleaded 2712, 2798 
 
 Sec Rccoiq^ment. 
 Fal.se ImPRLSON'MBN'T. 
 
 1 Definition 
 
 2 Uader warrant — presumtion, . . . . 
 "8 Artion against several, 
 
 4 riinishment for, 42<;;3, 42')-|, 
 
 FaL.se SWEABl.VU. 
 
 1 Definition, 
 
 2 Punisbment, 
 
 .1 Sul)ornation of, 
 
 4 Convietiun for, disqualitits a8 a 
 
 •witness, 
 
 Fear. 
 
 1 To excpse homicide, uiust be reA- 
 
 .sonablo, 
 
 FsES. 
 
 1 Of clerk Supreme court 
 
 2 May be increased or dimiii itched,*. 
 
 o Of Sberilf of Supreme Court 
 
 4 Continpenf expenses, 
 
 Contingent cxpenpen of 8ujieriiir 
 
 court, 
 
 G Of Ordinary 
 
 7 Of clerk of iSuperior court, 
 
 8 Of elrrk of Inferior court 
 
 y Of Sbcriffs 
 
 KtOf Jaib.r.* ;)(i22, 
 
 1 1 Of Justices of the Pcucc, 
 
 12 Of ConFtjibles 
 
 13 Of Coroners, 
 
 14 Of Ctiuuty Surveyor 
 
 lf> Of Surveyor — how paid, •'>"»2 
 
 IG Of Countv Trcii-surcr, 
 
 17 Of Nctari.'s Public 
 
 18 Of Tax ColKvtor 492, 
 
 19 Of Tax Hee.ivers t^'^i^ 
 
 20 Of (iovernors Stx-relaries 
 
 •21 Of Secretary of State 
 
 22 Of State Treasurer 
 
 2:5 Of Ciiuiptrollcr (ieneral 
 
 24 Of Surveyor General 
 
 26 Of Librarian 
 
 2(M0f officers of court, not to b* 
 
 charged to Statc% 
 
 27 Statement of. demandable 
 
 28 Forfeiture for excessive charges.. . 
 
 29 Officers to keep table of. ', 
 
 m Treble cost payable— when 
 
 31 PenHlty for improper ehartr*^ 
 
 32 Jury fees, how collected and dis- 
 closed of. ' 
 
 3:1 Of Ma'iter or Auditor in equity. . . 
 
 S4 Of Solicitor GonX>ral 1578. 
 
 ?>•) No fve* fillowed — in what cases. . . 
 
 -^6 Of Attorney General 
 
 ;>7 Of Solicitors in Supreme court,, . . 
 
 38 Of "W'itni^ses.. . . *. 
 
 39 Of State's witnesses out of countv, 
 
 40 For licenses to retail liquors, \ . 
 
 4394 
 2090 
 3402 
 
 29.32 
 
 2". '.•!;•! 
 2'J.S4 
 4205 
 
 4:{.'.7 
 43C8 
 43&9 
 
 4301 
 
 4228 
 
 .Vila 
 .'U-.ll 
 
 3i;i(; 
 
 C017 
 
 a<;is 
 ;»(.i".t 
 
 ;i«.2(» 
 .•!'-.21 
 472ii 
 ;j'i2:5 
 
 ci;2J 
 
 .1027 I 
 
 H6Ui 
 
 8ttU 
 
 867 
 
 807 
 
 867 
 
 8i;7 
 hfi7 
 8«7 
 
 8«V29 
 3R80 
 
 mz\ 
 
 3GS2 
 80.38 
 8684 
 
 4032 
 
 4114' 
 
 4454 
 
 1.-.79 
 ir,8(l 
 1681 
 37G4 
 37*i8 ■ 
 601 
 
 41 For selling less than gallon, 501 
 
 41 For peddling, 501 
 
 43 For exhibiting shows, &c., 501 
 
 Felons. 
 
 1 Accessories after the fact to, 4384 
 
 Felony. 
 
 1 Definition of, 4203 
 
 2 Compounding — punishment for, . . 4385 
 
 Second coiivicLion for, longest im- 
 ])risonmenf, 4562 
 
 4 Conviction for, disqualifies for of- 
 fice, 4 '73, 4921 
 
 Fkvialbs. 
 
 1 Their disabililjet* and exemptions.. 1587 
 
 2 Pregnancy of after conviction, . . . 4.'»53 
 Fkme CovrnT. 
 
 ^f'C Hushnnd and Wiff: Married Womm. 
 Fkkckh 
 
 See Kuril. xu res and Fcucra. 
 
 FERHirH. 
 
 See Bri'hir.^. Frrrict. Turnpikes ami Cautr- 
 u-ni/.^. 
 FlKiu Facias. 
 See Exrrufiiih. 
 
 FiXKS. * 
 
 1 Kxeesi-ive.*.hallnot beimj>oscd.!'.tOl 5067 
 
 2 Slrtleiiieni of. may be required,. . . 4692 
 See I'rtinl In^m. 
 
 FlUIKG TIIK WOOUS. 
 
 1 Bv whom anil when to l>e done, . . 1 105 
 
 2 ^'oti<•e thereof, 1406 
 
 3 Petia'itv au'.iin-t vie!,.'; >i - 14u7 
 
 4 For ii."u-:i,;. r:.. . .1108 
 
 P'iBK I.N.xrKAN' y. 
 
 See Intmraun 
 FiKU. 
 
 See luKpcedoii anil JuMjjrriorg. 
 FlhlllSU. 
 
 1 Laws regulating 1567, 1558. 1559 
 
 Fl.Ol B. MlAL, AND QbAINS. 
 
 See JiLsjj' rfi,,;! (I lid hiypfctors. 
 
 FOBCIDLK E.NTRY AND DkTAIJIKB. 
 
 1 Definition and punishment, 4410 
 
 4411. 4412 
 
 2 Sunimarv trials by jury 3988 
 
 3 Tales jurors .' 3989 
 
 4 Title not cxuiiiiual/le, 2090, 4412 
 
 5 Oath of jury 3991 
 
 6 Ke^tit^tion of possession, 3902, 4412 
 
 7 Service of non-residents 3993 
 
 8 bumaiary trial, no bar lo indict- 
 ment «^4 
 
 FoifcEJGNF.US. 
 
 See Aliruf. 
 FouKKJN Bills. 
 
 See BdUof K. ■■;..j,ri. . 
 
 FoBKKi.N Ai'Mi 
 
 1 Bights of i:. •2571 to 2574 
 
 Foreign txEt.noKj*. 
 
 1 Privileges of. in Geor^itL, 2418 
 
 FoHEieS GrARDIANS. 
 
 1 May recover ].r<>iiprty~how. 1834 to 1839 
 Foreign Insi i '• iks. 
 
 1 Airent^pf. n^.... 2791 
 
INDEX. 
 
 1021 
 
 Forfeiture. 
 
 1 What it IS in Georgia --^ * ' 
 
 2 Conveyances to alien, -'^35 | 
 
 3 Other forfeitures, 2636 . 
 
 4 No conviction shall work, 4900 
 
 Forgery. 
 
 1 D( finitions — kinds, and punish- 
 ment 4337, 434.3 to 4349 
 
 Former Recovery. , 
 
 1 When a defence, 2So» 
 
 2 Parol evidence admissible, 2839 j 
 
 3 In cases of tort, 299.J \ 
 
 4Ploaof, 3407 | 
 
 Forms*. I 
 
 1 Of affidavit, bond and attachment, 320o | 
 
 2 Of habeas corpus, •■^91*^ ' 
 
 4 Of Pleading, 3301 to 3312 j 
 
 4 Of Affidavit and warrant,. . 4;)9t), 4597 
 
 5 Of Commitment, 4619 
 
 Fornication. ,^in I 
 
 1 Definition and punishnieiit, 441 J 
 
 2 Ab.-olvcd by marriaire 4419 
 
 3 With negroes— punishment, 4445 
 
 FoRTiKuiMiNO Bonds. 
 
 1 In cases of illegality, 3-j98 
 
 2 are valid in otiier cases, 3")99 
 
 3 Shall not prc)udico plaintiff, 3000 
 
 4 Of claimants" 30<')3, 3654 
 
 ^'''^^"- ..'on 
 
 1 Detinition of, -•jJ'j 
 
 2 When concealment, amounts to, . . 2591 
 
 3 A voids sales, 2589 
 
 4 Avoids contracts — proof of, 2715 
 
 5 liv acts and silence, 2908 
 
 60. carriers 2051! 
 
 7 Vitiates award 28-M 
 
 8 rurchaser without notice of, 2596 
 
 9 Jul isdiction of equity over, 3103 
 
 10 Actual and constructive, 3104 
 
 11 Mi.srepresentaiion, 3105 
 
 12 Suppi ession of truth, 3100 
 
 13 By signs, tricks, &c., 3107 
 
 14 Oontiilential relations, 3108 
 
 15 .Inn.ils deeds, judgments, &c.,... 3109 
 
 16 Inadequacy of consideration. &c.,. 3110 
 
 17 Surprise, confusion of judgment, 
 &c.: -81" 
 
 18 Fraudulent trade marks, &c., 3112 
 
 19 Marriuy't l.rokerage bunds, 31)3 
 
 20 Secret marriage settlements, 3114 
 
 Fbauuvlent Assignments. 
 
 See Assignments 1, 4, 8, 9, 10 11. 
 FraUiulent Levies. 
 
 1 punii-hment for, 4333 
 
 Frkkdom. 
 
 1 Affidavit and bond, in suits for, . . 3945 
 
 2 Examination before Justices, 3840 
 
 3 Bund of defendant 3947 
 
 4 It he fails to give bond, the person 
 delivered to, movant, 3948 
 
 5 Return of proceedings to Sup^-rior 
 court 3919 
 
 6 Petition of plaintitf, 395t! 
 
 7 Amendments, 3951 
 
 8 Burden of proof, 3952 
 
 9 Appeal ^^^'"^ 
 
 10 Final judgment 3954 
 
 1 1 Expenses of procheni ami. 3955 
 
 12 Power of court to form writ, 3956 
 
 Freedom of Sfkech. 
 
 1 An element of liberty, 4895 
 
 2 Shall not be abridged, • 5050 
 
 3 llesponsibrlity for abvise, of, 4895 
 
 Fkeeiiom of thought an» opinion. 
 
 1 An element of liberty, 4895 
 
 Frkepom of the Press. 
 
 1 An element of liberty, 4895 
 
 2 Shall not be abridged 5050 
 
 3 Responsibility for abuse of, 4895 
 
 Free Persons of Color. 
 
 1 Who fwe 50, 1611 
 
 2 Slatux of mother fixes child's 51 
 
 3 Landing from vei«8el8— penalty, . . 1330 
 
 4 Forfeiture — how enforced 1331 
 
 5 Free negroes, defined, 1332 
 
 j 6 Report of ship master — passports, 1333 
 
 7 Landing without par.8p>rip, 1334 
 
 8 Captains shall car-y Ihcm away,. . 1335 
 
 9 Left by captain, shall leave state. . 1336 
 
 10 I'ower of city councils 1337 
 
 11 Subject to patrol laws, 1368 
 
 12 Shall not be licensed to preach, . .. 1376 
 
 13 Their rightB 1612 
 
 14 Included in slave laws 1613 
 
 15 Immigration of, prohibited 1614 
 
 16 Sojoittning in free state, shall not 
 return to Georgia, ^^!^^ 
 
 17 Colore>d seamen 1616 
 
 18 Rpgisfry of — proceedings 1617 
 
 19 Objections and action thereon, 1618 
 
 20 What registry shall contain 1619 
 
 21 Prosecution for not registering,. . . 1620 
 
 22 Benefit of registry — how lost, 1621 
 
 23 Discretion ot ordinary, 1 622 
 
 24 Insane 1308, 1816 
 
 25 Guardian of insane— duty and lia 
 hility 1816 
 
 26 Proceeds to confine insane, 1817 to 1820 
 
 27 Guardians of — bow appointed,. .. . 1821 
 
 28 May choose guardian — when, 1822 
 
 29 Guardians of those under 14 years, 1823 
 
 30 May be bonnd out — when, 18i4 
 
 31 Binding revoked, for cruelty, 1825 
 
 32 Power, duty, and liability of guard- 
 
 1826 
 
 33 Must contract through guardian,. . 1820 
 
 2701 
 
 34 Credit to, 1827 
 
 35 Judgment aijainst guardian, 1828 
 
 36 Insolvent hired out, : 1828 
 
 37 May hold property exce.pt slaves,. 1829 
 
 38 Slaves conveyed to, escheat, 1829 
 
 39 Lands of— how sold 1830 
 
 40 May make willn, 1B31 
 
 41 UiBtribiiiion of estates ot, • 1831 
 
 42 Removal uf guardi*n8, 1832 
 
 43 Bond may be rtqnired 18.;2 
 
 44 Compensation of guardian, 1833 
 
1022 
 
 INDEX. 
 
 45 Domicil of free persons of color, . . . 1649 
 
 46 May t;e hired out for taxni 821 
 
 See Bail in criminal cofirs ; Pnlrol Lawt ; 
 
 Penal Code for Slavet and free Perton$ 
 of Color. 
 FuGJTiVES FuoM Jim ICE. 
 
 1 From forfigo bIMph 60 
 
 2 From am'tiur Suio 61 
 
 ;; Delivery of, may be suspf mied, . ... G2 
 4 How disposed of, when noldeiiiftod- 
 
 ed. fi=ii 
 
 f) Execuiiou of warranin Ag)tiLi!^( 01 i 
 
 Fur.lTIVK fcsLAVKS. 
 
 See Master and Slave, 83 to l''. 
 
 FUNDAMK.NTAL FaiNCll'J.MiS. 
 
 1 DecUrati'.n ot 4888 to 4«15 | 
 
 FuRMiMiiNO Liyr<iK to Minor Son. 
 
 1 Pnn-MtB right of aolioa for. 2'.*o'2. 
 
 FURNISIII.NO Ll«ltill TO Sl,AVK.S. 
 
 1 I'unisliment for, 1 tlM 
 
 Gamih-kks. 
 
 1 rrofessional gamblero, deemed ra- 
 ^ninis '*^->''' '' 
 
 Qamin<i. 
 
 Definoil— punishment, U26 ) 
 
 2 With imndrs, 41-6 
 
 3 With lUnk ..fScers and olerks 4427 
 
 4 riayem coiupeienl witnt-nsea 44_'8 
 
 5 Judtje Mliall give aoU« in charge, ... 44'-'t 
 (■» With negrnet., 4J<t6 
 
 7 With niiuors — action for, 2958 
 
 8 Cheat in;r at play, "145tj 
 
 U ('o'linictH void, 2/17 
 
 10 Winnings recoverable ba«k.. 2717 
 
 QaMINC Hot SK!>. 
 
 1 I'unislimcut for keeping;, J42S 
 
 2 Susjieotud liouHew may bo brukim 
 opon ^^'^ 
 
 G.VMiNO Tahi.k.s. 
 
 1 Ucfiru'd — pimishmeni. 
 
 2 Pormittin;; minors t.j hrt hi. . 
 
 OAnSlStlMKNTS. 
 
 1 At cotiimon Ihw MQl 
 
 2 How oluainvd Mi>'2 
 
 ;5 By agt-ni or attorney •■'^' • 
 
 4 IJy panner.^ and joint creditors, . . . 
 
 A How, ai'd by whoiu issued, ;■. 
 
 6 W here garuishee resides out of coun 
 
 il24 
 1426 
 
 «y. 
 
 .1466 
 
 7 Service and return, Ii-1'"'7 
 
 8 How di^^solved, ii4t;8 
 
 y DiHpoBiuon of funds raised, 34('i9 
 
 10 (Tarnishee pays iuterePt — when,... 3470 
 
 11 Judgment agnintl garuiehee, 3471 
 
 12 Answer of garai^h«e, • 3472 
 
 1 3 Colbt t eral securities, 3473 
 
 14 Against Attorneys at Law, 3474 
 
 15 Receiver not subject to, 3475 
 
 1 ri Laborer* waives exempt, 3476 
 
 1 7 For li'gftcies, iio., 3477 
 
 IS Against executors and administra- 
 tors, 34<8 . 
 
 19 By Comptroller General lor taxes, 806 
 
 20 By Tax Collector tor taxes.. .5112. 5113 
 
 Gkngkal Assembly. 
 
 1 Time of meeting, 172, 4918 
 
 2 Length of ecssion, 173 
 
 3 How organized 174 
 
 4 Oath of members 175, 4939 
 
 5 Presiding officers,. . . . ^ 176 
 
 6 Elections by, 177, 4991 
 
 7 Doorkeepers and messengers 17S 
 
 8 Duty of committee on finance, 180 
 
 9 Duty of ciinilling committee, 182 
 
 10 Unfin<H)i<-d hu«>ine«s 183 
 
 11 Pay of Kick memb'Tc, 185 
 
 12 Pay I 1 ilereascd members, 186 
 
 li Pay of nicnibers — h<>w audited 187 
 
 14 Qualification of sub-elevks, 19S 
 
 16 Oath of bub-clerks 189 
 
 16 Election o. tiieiubers of, 1232 
 
 17 JiegiaUtive power retted in 4'.tl7 
 
 18 Quorums 4918 
 
 19 Phv of members' 4'MV 
 
 20 Dir>quali6oation of roembars 4920 
 
 21 Their ele< lion Mid qualificftiion how 
 judged of, 4932 
 
 22 £a«-h house may punish eontempts, 498S 
 
 28 M^mhors free from arrenl 4934 
 
 24 Journals — publication of, 493S 
 
 26 Keading of bills, 4936 
 
 26 Signin- of bills 4937 
 
 27 Adjournments 493H 
 
 2H Votes, by yeas, and nays 4940 
 
 29 Powers of 4941 
 
 80 New coaoties, and county linaa,.. . 4942 
 
 81 Censu 4M8 
 
 82 Promotion of l<«niinf 4944 
 
 33 I'ardon and commutation 4945 
 
 84 Inhil'itions upon, power of, 4'»46 
 
 82 Internal improvemeniH, 4'.*49 
 
 86 tiualifi aiions ot »..t»T8for members 4'.<'jO 
 
 GbOK(.IA .MiLITABY iBSTITUTk. 
 
 1 Su psri ntendent , 130 
 
 2 Hi!> rnnk and < i 137 
 
 8 When aUenl. w' .is place, 113ti 
 
 4 Miluarv Store k' • i«r, ai, 113B 
 
 6 Allowed extra pay IHO 
 
 '■ I ' 'led (0 prcloreiice in disiribu- 
 
 ; arms, 1141 
 
 1 of lnspe< torn — their appoint- 
 ment and duty. 1142 
 
 8 Board of Vi>iu>r- 1148 
 
 9 Disqualifications, 1 1 44, 1 154 
 
 l(t Slate Cadet« — huw appointed, 1145, 114ii 
 
 11 When tranaferr-d to pay list, 1147 
 
 12 Shall leach two years, 1148 
 
 13 .Meciii)/; of im-pectors; quorum; ra- 
 c.iLciwj, 1149 
 
 14 Their expenses paid, 1 150 
 
 16 They shall appoint Secretary »ud 
 
 Treasurer ' 1*^^ 
 
 16 llis coiuptnsation and bond, 1 151 
 
 17 Uis quarterly report*, 1 152 
 
 18 lleport of Inspectors, 1 158 
 
 19 Kules of the Board, . . • • 1 155 
 
 20 Expense. : ' ' 1157 
 
 21 SaUrv of ' H^ 
 
INDEX. 
 
 1023 
 
 22 Rc'?ignation of officers l|j^ 
 
 28 Suits by or agftir.sl Institute, ii'^» 
 
 24 Carl 1^13— liow triod, ; • • • 
 
 25 Embraced imnilitaryforceof State, 
 
 26 Con.-titutps Engineer corps, 
 
 GrPTs. 
 
 1 i:s.-entials of valid gift, 
 
 2 Acceptance of, 
 
 3 Eftect of written deed, 
 
 4 D''livery, 
 
 5 Void conditions, .••••/■ 
 
 6 AVhen void as ai;ainst creditors?, icc 
 
 7 Of slaves— wbcu valid, 
 
 8 When presumed, 
 
 1063 
 900 
 997 
 
 . 2614 I 
 . 2615 I 
 . 2616 i 
 . 2617 I 
 . 2618! 
 , 2rA%\ 
 . 2620 j 
 . 2621 ' 
 
 9 Of lands— when presumed ^'•-- 
 
 10 Loans to married dauc;htcr8 -''^-J ; 
 
 11 Bv one lately a minor, -^-* 
 
 12 F.'>r illegal purposes -J--^ I 
 
 13 Donaiio, ca?<sfl, mortis, • • ''^- \ 
 
 14 Hyinsolvontsvoidagainstcreditors, l.<o4 
 
 GoodBkhavior. j,-7- 
 
 1 Warrant and bond for, y'-' \ 
 
 2 Suit for breach of bond, ''O-O j 
 
 3 Bond may be extended from term , 
 to term ^^'^ ' 
 
 GOTERNMKNT. 
 
 1 Fundamental principles,. . 4888, to 4Jio 
 
 2 Should be well understood, 4^2f. 
 
 3 alteration of, 
 
 4889 
 
 4 Protection, the duty of, 4.0 
 
 .5 Kight of petition to. 489b, 50.^0 
 
 (; l)<'nartmcnts, district, ^Jit. 
 
 •p; 
 
 1 His election '-^^' In-i 
 
 2 His term "♦" "<+''■'" "*• '* 
 
 31 May employ special agents, «o 
 
 32 may stay collection of taxes, 76 
 
 33 Must draw warrants for money — '_! 
 
 34 Shall keep certain office books 7H 
 
 3') Shall appoint three aids-de-eani]t, . 10-33 
 
 GovKRNous Mks.sf.sc;er. 
 
 1 His appointment, 73, li-O 
 
 2 Hi^ duties, \'i\ 
 
 3 His salary 1^;,^ 
 
 4 S])ecial Messenger i— 
 
 GOVEUNORS SECRKTARli:.-. 
 
 1 Appointment of, ' ". 4W,8 
 
 2 Their salary ^^'^ 
 
 Grand Juries. 
 
 1 ^Qualifications of »^^ ' 
 
 2 List of— how made uj) ^81.1. 
 
 3 Number and mode of drawing,. .. 3823 
 
 4 Number impannelled 3824 
 
 5 Precept for summoning, 382.> 
 
 6 How served— form of notice, , 882() 
 
 TOath of, ,. ||2; 
 
 8 Foreman may swear witnesses,. . . rfo--' 
 
 9 Oath of thl^ witnesses, 
 
 11 When hound to notice offences,.. . 3828 
 
 12 Mav recommend correction of er- 
 rors in tax digest, 38-30 
 
 13 Shall examine county otfice« and 
 records, 3831 
 
 14 Shall examine list of voters, 38.>2 
 
 15 Duty of, a.s to public buildings, ... 476 
 
 16 For new counties— how made up, . . 3-j 
 
 17 Not liable for malicious prosecution, 2927 
 
 18 Oath of bail ill' to attend, 510.") 
 
 See County Tax 8 ; (Jommon Schools and 
 
 J-Jduration 1, 3. 
 
 •m of office, ■»•'•'» „ 
 
 3 His qualifications ^i^^^Yormof, 2323 
 
 4 Vacancy— how filled, lo*, ^ ,, . ,_. ,„,, oo.9i 
 
 4V'o9 , 
 4961 ' 
 4061 ' 
 4961 
 4062 
 4063 
 4064 
 4065 
 
 5 His oath— how and where taken, bi 4.i._>8 
 
 6 Is commander-in-chief, 
 
 7 Shall call elections for vacancies, . 
 
 S ?.Iay convene Legislature 
 
 And recommend measures, 
 
 10 3Iay fill vacancies, 
 
 11 Re)ected appointees, 
 
 12 Muv revise bills, • • • • • 
 
 13 His" veto power, • • 4J64, 
 
 14 :May appoint two secretaries, 4.<b8 
 
 1.^ Must reside at capitol, 81 
 
 16 Must defend Georgia in suits -.4 
 
 17 His inauguration, -J*' 
 
 15 Must see the laws executed, o» 
 
 1'.* May call out militia therefor, oS 
 
 20 May call out military— when. .. .. -k) 
 
 21 His dutv as to fugitives, bU, bl, t'.i 
 
 ^2 Alay oHer reward for fek.ns 6o 
 
 23 Mav dispose of imported negroes ,b 
 
 24 llis pardoning power, . . ._ 6(, 4713, 4yi)U 
 
 25 May ai)point commissioners 
 deeds, •• •. 
 
 26 Shall c(mmiission oiliccrs, .... ... o^' 
 
 27 Shall issue grants to land ^0 
 
 28 And supcrvi.-e public property, ... H 
 
 29 Shall assign rooms in capitoh .^. ... ij 
 
 30 His power of appointment,, i-, i6, .4 
 
 2 Errors in, may be corrected, 2-324 
 
 3 I'roceedincs therefor, 232') 
 
 2326 
 
 2328 
 2320 
 2330 
 2331 
 
 of 
 
 68 
 
 4 Objections — their effect, 
 
 5 Issue, formed and tried,. . . 
 (■) Law questions — decision of, 
 
 7 Tapers and evidence, filed, 
 
 8 When original is lost. 
 
 9 Efi'c't of corrected grant, .. 
 
 10 How, and for what caus'-s set aside, 2332 
 
 11 Impeachment of, ...2333 
 
 12 Grantee, takes nought by implica- 
 
 I lun, ~ o , - 
 
 13 When presumed, -^^-J'^ 
 
 See Head Rights. ^ 
 
 Great Seal of the State. 
 
 1 Description of, 86 
 
 2 Kept by Secretary of State, . . . 8o, 4067 
 
 3 Punishment tor forging, 4347 
 
 Growing Crops. 
 
 1 Exempt fi-om levy and sale, 3o( l 
 
 2 Exceptions, "'J'! 
 
 Guano. 
 
 See Inspection and In-ipectors. 
 Guardian and Ward. 
 
 1 Kind of guardifxr," lo3 
 
 2 Natural guardians, 17«>4 
 
 ! 3 Testamentary guardians, 1755 
 
1024 
 
 liSDEX. 
 
 4 
 
 6 
 
 G 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 10 
 
 17 
 
 18 
 
 I'J 
 '20 
 21 
 
 22 
 23 
 21 
 25 
 2t) 
 27 
 28 
 2tt 
 }{<) 
 
 ;n 
 
 ;52 
 
 83 
 84 
 
 35 
 36 
 
 37 
 38 
 
 ;;it 
 
 4(1 
 41 
 42 
 43 
 44 
 45 
 4'. 
 47 
 4^ 
 ti' 
 f>() 
 51 
 
 51 
 
 Widows may appoint, 
 
 General guardisn, 
 
 Of non-resident min r. 
 
 Who iti MHlitlod to puHrdiansliif 
 
 When vested iu clt-rk, orblranger, . 
 
 Guardians of bustards, 
 
 Noiice ol application, ... 
 
 Oath and b""'! of jrtiur-ii.'in 
 
 May bn taken in vacalio«, 
 
 A<i(iiin>nal bond — when, 
 
 New !-ureli('.s — when, 
 
 TrDceedingH in case of misonduct, 
 
 Sureties — hnw releaned 
 
 Liabilii J' of new and old sureties, . . 
 llevocaiionot li-tters, doen not abat* 
 
 suits, 
 
 iSuii on guar.iians bund, 
 
 Kileci of judgment, 
 
 Keinoval <>f proceediugH (<> atiuther 
 
 touiiiy 
 
 Li.ibiiiiy of hurelies, 
 
 (fiiardiari ur/ liifm 
 
 I'ower and duty ol guardian, 
 
 ]leiiu'ui> 
 
 Krnonditures, 
 
 Orplian V)nund out — when 
 
 Hi ireatnieiit of or|pliRn, 
 
 Forfeiuire of conitui(<8iou8 
 
 8al> H by guardian 
 
 lli>niiiig lands liy, 
 
 Hiring hlarpg, 
 
 iSiavet* may bo worked together,.. . 
 i'laniaiion may be cultivated, or 
 
 bought 
 
 luvesliniMitH in blocks 
 
 CofiiUi'.ssini.s aud com^aiisatiuu of 
 
 guardian 
 
 None allowed — When 
 
 ."^urytieH of mooved piHrdian 
 
 ('■■niriicts b^ guardians 
 
 .May Appoint ailorney 
 
 Selil- tiiciit bef'ire ordinary, 
 
 At f.'-uardiaus instance 
 
 Einuiaiaiion and hearing, 
 
 ("ontimiHtu-e, 
 
 Other )ir-ceedinti9 
 
 I'oW'Ms i)f OrJinar}', 
 
 Eiiforoeinont of de«.-i«ion, 
 
 i" inal receipts 
 
 Kigiit of ward to n'invivligj;te,. . . 
 fiuardiars may resign— oouditions, 
 L<>tt<M-s<>f dii^mi<?ion — b<'wgrant<'d, 
 Ertrot.« on hand — how disposed of. 
 Guardian shall administer estati» 
 
 of deceased ward 
 
 Guardians may be appoint<*d for 
 l<li«ii>. Lunatics. Deaf and Dumb, 
 Drunkards and imbecile persons,.. 
 Oath. tmrd. powers, and duties of 
 
 such guardians 
 
 Wife ha'r preference 
 
 Proeec dings to obtain commi^eiun, 
 
 K<-turii, and appointment 
 
 Appeal from return, 
 
 750 
 757 
 758 
 75'.t 
 7tiO 
 761 
 7«2 
 763 
 
 7r.i 
 
 705 
 7(iO 
 7G7 
 7(18 
 7ti8 
 
 760 
 
 77' 
 770 
 
 771 
 771 
 772 
 773 
 774 
 7T5 
 77'^ 
 777 
 778 
 77'.i 
 7kO 
 781 
 'f^l 
 
 783 
 784 
 
 785 
 78ti 
 78? 
 788 
 789 
 T'.K) 
 7i»l 
 7i»2 
 793 
 704 
 7l>5 
 79G 
 
 7'JS 
 
 -f) . 
 
 80<J 
 801 
 
 802 
 
 803 
 
 804 
 
 8')5 
 806 
 6H7 
 81)8 
 
 fiO Second application, 
 
 t)l S'jbpfrr.aj for witne.sr.cs:, 
 
 •■|2 Comini.-sion — how ended, 
 
 t)3 Issue— trial 
 
 ♦i 1 Laws applicable, 
 
 G4 CoiiCiiciiient of ward, 
 
 t>8 Foreign guardians raaj' recover 
 property— how, 1834 to 
 
 GO Suit on guardian's bond in lirst in- 
 instance — when. 32'.i7, 
 
 ''7 Principal's j.roperty flrst exhaust- 
 ed .' 
 
 GUARANToU. 
 
 1 Htdding to bail by, 
 
 2 May give notice to sue, 
 
 GtrsPOWDITR 
 
 1 Transportation of, 
 
 2 Forfi itiin- for not niarkine: 
 
 8 Regulations for keeping 
 
 Habea.s ('oktuh 
 
 1 In what rn8'»s issued, 
 
 2 Apjilication for 
 
 8 H w vi-rili<-d aud pro*onled, 
 
 4 W hen t- > be granted 
 
 r.-rni "f writ, 
 
 G Rcl'.irii daj' of wri 
 
 7 H'Tvice of. 
 
 8 Party d'-taiBod, may b*i uri«.i«.-d — 
 when 
 
 Kcl'irn — when to be miuTo 
 
 10 Wh< 14 pro. e>s must b" produced,.. 
 
 1 1 ittiiii n lo be tinder oath 
 
 12 Mii-t s! ow transfer of custody,. . . 
 
 13 Traverni. of n-tnrn, 
 
 14 liy whom heard, when issued by 
 
 .lusliiM- Ol 1 IjT . jer *.-oui I 
 
 15 IVT.alty ing 
 
 If" In wbui , ,.iv is not to bo 
 
 diicliargod .' 
 
 17 \\'H» or child brought up — bow dis- 
 posed of, ! 
 
 18 i>'^':evt in prccecdiogs, do ground 
 for disehiirge 8!'2G, 
 
 r.» ^ow«^rh of iLe eouri 
 
 20 laipiisoiicd wimes^ea 
 
 21 Costs 
 
 22 ReeuT'! of procet^dings, 
 
 23 Noiice of the bearing, 
 
 24 Not to be suspended except on re- 
 bellion or uiTasion, 4892, 
 
 Half Llood, 
 
 1 Rule of inheritance by, 
 
 IJaM'WUITi.NO. 
 
 1 Hon pfuTeu, 37C2, 
 
 HaBBOE!>'0 
 
 1 Staves — ponishmcDt, 
 
 2 Seamen — jien -Ity 
 
 3 Wife — husband's right of action for 
 IIkap Rights. 
 
 1 La;.d aiibject to 
 
 2 Past grants valid, 
 
 3 L-iWs continued 
 
 4 Land court, 
 
 5 Application for warrant, 
 
 ]809 
 1810 
 IMl 
 1812 
 1813 
 1814 
 
 1839 
 
 3298 
 
 3299 
 
 2134 
 2133 
 
 1412 
 1413 
 1414 
 
 ;i't09 
 3910 
 3911 
 3912 
 .3913 
 ::'.i]4 
 :;915 
 
 891 G 
 
 3917 
 .3'.tl9 
 39 lb 
 3920 
 
 ;;92l 
 
 8923 
 
 3924 
 
 :;'t26 
 
 4626 
 3927 
 
 3928 
 3929 
 3930 
 8931 
 
 5041 
 
 2452 
 
 37G3 
 
 4487 
 1501 
 2949 
 
 2337 
 2338 
 2339 
 2340 
 
IJ^DEX, 
 
 1025 
 
 f'» Who has preferenop, ''^^}, 
 
 7 Caveat and trial '2<i4'Z : 
 
 8 Warrant — duly ft Surve\or, -•'^4?. 
 
 Ij Certificate ofcrant, and issue,... ^-^44 
 
 10 P«Dnlt,y for lalee return, '-^815 
 
 11 Vlatf , VeLorded hy clerk, ... -350 
 
 12 (.TraritB— when to issue, 2847 
 
 13 AppliMut's interest esotopt frou. 
 Hfilc, till grant issnee 1!;.48 
 
 M Oratit rnuBi l.e applied for in '2 years 2?,V^ 
 Health, IIo'imtai,-, Inkhction, aM) CM ar 
 
 ANTINt;. 
 
 1 Ho.'-pitai^ — how e-^Jahli-fhed, . . . . \>>li) 
 
 2 Regulation of (jtiiraiuioe IH\0 
 
 3 Quitrantinf grounds, ^'^^"i 
 
 4 Kf.'moval of vefsels thither, l-l^ 
 
 b ShipaiaM<'r> to -how bill* of Ueulili Ki-O 
 
 t> Penally for f;iilure, .... \'(iLO 
 
 7 (iu:(rHutinc of inland travellers,. . . 1;'>-!1 
 
 8 Duty of pilot", >nt€i lOg vessels. .. . I^-!-!^ 
 
 9 Quarantine of persons aboard, 1'^.';-. 
 
 10 (toveriiors rroilaaiatiou as to con 
 
 I •"'"J 
 tagions, '"-3 
 
 11 Violation of c|iiHraiitine, indictable, 1H2.J 
 
 12 Also concealiuent of email pox, ... !"-[' 
 
 13 Disp'jsition of fluffs and forfeitun-, l-'Vi" 
 
 14 Pertormance of quarantine- -certifi- 
 cate, ^'f-^^ 
 
 15 Fees i-t < criiticate, -J^-^ 
 
 IK Fees nf health . ffioei ---how pai 1 . 1320 
 17 Escaping quaranilti. l!"*!'' 
 
 JIearsay. 
 
 Soc KvliLeiu.f 24 to 06. 
 
 liEiRR at Law. 
 
 1 Rnloh for (H'fct.riiiininu; who hk , . 24.'>2 
 
 2 luheritanoe by bustards, 17-j2 
 
 5 Of lo';itiinatos from bastard:*, 17ijH 
 
 4 Moy s'.i.^ for land and slaves— wlun, 24")4 
 f> May be Mied tiy adiuinistratii — 
 
 Avhcl:, ". '•'-'l''''' 
 
 IIlBTSU 
 
 1 Contnu't ol -^^>^'> 
 
 2 Title of hiror, 2057 
 
 3 Obligation 8 to deliver, -Hi.'8 
 
 4 Obiu;;itioLS of bailor, 2059 
 
 5 Engagement of hit or, 20C)0 
 
 6 Ef^'ect of violatioD, , 2061 
 
 7 W ho mav sue for tortp, 2062 
 
 8 Effectof-loss or dt^struc.t'.on of prop- 
 erty, "(''- 
 
 'J Hiring of slaves, 2Uu4 
 
 10 Where slave run away, 20C.5 
 
 11 SickncvP of flave, 2GGt5 
 
 12 Death ri slave, 20G7 
 
 13 Neglect in sickness 20o« 
 
 14 Power and duty of hirer, 20C/.) 
 
 15 Liability for other employees,.. .. . 2070 
 
 16 In ether respects, -071 
 
 17 Where and how slave to be used, 2072 
 
 18 Re-let,tii.g, -Op 
 
 19 Levying on thing hired, 2074 
 
 20 Hire of labor, essctceof bailment, 2075 
 •21 Rule of duty in such cases, 207G 
 
 65 
 
 22 Tui^ to thing on wliieh labor is be- 
 
 ^^towed 2077 
 
 •1/. WHun labor isdonr on shares 2078 
 
 24 Right of poi>f^>»-ion — lien 2079 
 
 25 Loss or def^truetion of thing bailed, 2080 
 2b Bailiuput, i;t'n<-iallv an entire eon- 
 
 traet,.. ■ 2081 
 
 HoLIU^V^. 
 
 1 DKrignato,, 2733 
 
 ifoMK tt)K. 
 
 1 T>.-tinitioris !iii<i k'n..^, 4216 
 
 L' Kiir.nv slavt in >«>vdt justitiabh'.. 4283 
 ;; .Iii-titial)le, not |iunisbabU. 4232 
 
 Hospitals. 
 
 1 Kstabli-'hn-.rDi ol 1315 
 
 House ok KEfi<r>BNTATiVKK. 
 
 1 Number ol' memb»'ri-\ 4927 
 
 2 (^ualiti>allon of int-ml>ers, 4928 
 
 3 Speaker of— his election, 4929 
 
 4 Kevt nin; bills, niwat originate in... 4931 
 
 5 Mavi- ^oU: power to impeaeJi 4930 
 
 llvisHASo AND Wife. 
 
 1 Nature of the reUiioh 1700 
 
 2 M jvital rights of husband, 1701 
 
 ;s Property given i<>. or acquired by 
 
 wile, 1'03 
 
 4 Tone to wife, 1704 
 
 5 v\ ite's aoquisiiions, when separate 
 ironi h.usband, 1704 
 
 (' .Agency of wif«;, when presumed. .. 1705 
 7 Husbands' liability foi necessaries, 1706 
 
 S General agency of wife 1707 
 
 \) Wife may become free dealtr, .... 1708 
 
 Id Sut vi vorship, . . 1 709 
 
 1 i Wife's equity,. . . 1710 
 
 12 Husband is sole heir 01 wife, * . 1711 
 
 1.^, Wife is sole heir 01' husband — when, 1712 
 
 14 Wile's parapliernalia, 1722 
 
 15 .Viipe.irauce of wife, against hus- 
 band 1723 
 
 li) When wile inny sue and be sued. . . 1733 
 
 17 .'sale ly wife to husband, 1735 
 
 IS incimpetent ai? wimcsses for or 
 
 agtiiust each other, 3782 
 
 iisQ AliHOfiy ; Divorce; 'Marnage; Marri- 
 (iqe. Contrucis,' and Sctllemenl.s-. 
 
 Il'lOT?. 
 
 1 i ncupable of crime. 4993 
 
 2 Court decides as to thteir cooipeten- 
 
 ey :i3 witnesses, 3776 
 
 i:(:e jAinadcs, Idiol.i, and Insane persons. 
 
 Illkoalitt. 
 
 1 liow taken toexecution 3591 
 
 2 Does not lie before levy or arrewt, 3592 
 
 3 Return sind trial of, 3693 
 
 4 Daiii!,- es for delay, 3594 
 
 5 By whom filed 3596 
 
 (■> .May go bel iud judgnient — when,. . 3597 
 
 7 To Mortgage Jl Ja 3897 
 
 8 Pi-operty may be sold by other J*. ^ 
 /a'ff,' pendiug illegali'V, 3595 
 
 9 Proceeds > f sale retained, 3595 
 
 10 Affidavit v.f, amendable, 3430 
 
102-0 
 
 LXDEX. 
 
 iLLKGlTlJIAJf.^. 
 
 Rec JJ(tiilar<J.< : JM-Hi lin.liov of KtUUcf. 
 Jl'jrx at JjWV, - 
 Jl>LK<.Al. "NoTiNO ' * 
 
 1 Voting more \\\au oiici. . I ■ 
 
 'J 15u\iiijjor 8t?lliDg vor- * ; i i 
 
 3- Voiiiig by uiinorB . r ; 
 
 Iwi'KAi IIM )■ NT 
 
 1 By lli'ti.if ot IU•pr^•seIlluli»«^, 
 J Tii«il I'T, Settiiie. 
 
 IWI'hJftJ*'MJ.>T rOK PfcliT 
 
 . 1 I'ruijihiud »:• tu iii.'-viivi I. 
 See liiKolrrn! Jh'hton. 
 
 InTK-N IM.M' V rrHLlCATIoN'. 
 
 ] Puui-iiri,i-tit Tor rirruUlinp i. i 
 
 Incbbt 
 
 1 Definition auiJ jiunislinuMjt U:- 
 
 iKCl'W.'iUANCK. 
 
 See Lun : MoT!jn.]f» 
 IndK' iMi:VT 
 
 1 Form oi, , , 
 
 2 Siiflicn'iit. to cliurgc ollence. iu leinji" 
 
 of (^ ae .- 4.'\1<. 
 
 i'l Exi-ei lii iih— when to Im- iHki-ii,. . . ; " 
 
 4 I'mn rutor'M iiHiiie <'iidoTK(Ml vu 
 
 Cop} 4*1 b« lurnJMied (ieKudniit, ;... 
 
 ti Arrmgiirii-ul mid jjIcji eutcrol « n 1 . '- 
 
 7 11(11 He Mteitling — bow rharged. 
 
 8 Caii'i' >ie>«!ir (^ — l;v^w cLHtged, 
 '.I Hofi; pteMliunr — tiow (.barged,. 
 
 l(t Trinbl'- H\ t)r»i u-rtn 
 
 II .\(/,''. ;'r.>/»^>f.i— wbcji ullowcd, . 
 I'J liaireu h.v two relurnn of ""no hill* 
 1:i l.iuiiiNiiotiH (it indicinjciiih 
 
 See /■ tf't'iricrt : Ftifiur*rfirut 
 1nia.n«;\. 
 
 1 I'Um of, iKTsunal to lofiitit 'Jt.'.ti 
 'J No dct'c'hoe in ca«e>ii uf Ut 
 
 See /t'l/tfiiy 
 
 InKaM I< lUK. 
 
 1 Advii^ors of, aceei^aories before fnci, 41'^ > 
 - Concealing death of child, ool proof 
 
 of jtiiamicide 4'1^*\ 
 
 :: I'uni.-liiuent. for cQiic>>»Uik^ d««tb, 4'i^7 
 Lma.ntm. I 
 
 1 Under ttn, incapable uf ciimi-, . . . 411>1 I 
 
 li Suite b.Y 8187 j 
 
 :l ConiractHol-whoii binding. ili'.'Jl.io •Jfi«<i ^ 
 JSco Ai/«firv' 
 
 In kk( TUiN 
 
 See Iira!ih, I/ot}»fo{4, InftrUon, and IJuar- j 
 
 rantiiK. ■ 
 
 1 Consi>" ot fiTe JuBticcs, J7 
 
 '2 KU'ciivn and oath of Jusiices, . . . . •J7(> j 
 
 5 Three .Insiicee necessarj to liold.. 'JHl 
 
 A'' in and authority of, 285' 
 
 •"• ' .iurisdiction of 286: 
 
 I' K>ji:h iivitiion, poet pc>ne« case, 281. 282 
 
 7 Held iwico a year 31C2 ' 
 
 8 T»bl(> of Pessioas 31C3 t 
 
 9 Adjournin«ntfi of. 81«8, 8169 ! 
 
 1 
 
 Imi 
 
 M:i\ 'Ji>-charge iusoU^Bt ciituioalf, 
 
 :. cases,. ."..;... 1582 
 
 i n i M i |ij > n a4^Piiee. tec. 1187 
 
 y^^irm Court ; Jnferior Court 
 
 ' ■^<«\ Jintirrt of tli< Infiri- 
 
 <■", i /o 7. 
 
 I'lU COD.NI V PnHrcSKS 
 
 > ■ ■ held .1(122 
 
 III ov. r 402:: 
 
 • eiiuf^M ol.. 1021 
 
 .llftltend,. ;n_-. 
 
 : 2N'., 1027 
 
 to b<- iii i\ riiiug. . . 4028 
 
 i" . ^■ • ., ■^•■ftt,. . ■ " 102'l 
 
 I Noiif.*' It' parlies. . if .n 
 
 I M i.ii- . ,.t proce«'diL^ iO :| 
 
 M* '... . ','•■.; 
 
 ■h coiileniptf>, . ;ii {.: 
 
 u - .^^ jiirj tai, 4(Ni2 
 
 1' ' T>i ; Jiittir(4 €</ /r/mor Cotirt. 
 
 i.d 10 half offorfi iiutes . r,!*? 
 
 1. «il nciH'i.' ' • L>i>. 
 
 , hn- pre'' ' I ■ _ 7 
 
 1 1.1 MTt. 
 
 Nc'l diiiied, though vol i-iiuniera'i'd 4U14 
 
 1-tii t\liai |i(ir|i(i»c ^inniei! . . 
 
 <>};»ti1nM» tti ^■I'-plM'li, Niid f f 
 ' I 1 i<nilHr)>, 
 
 el l»W. 
 
 H ^(.l 
 
 iifBiires ■ I 
 
 e hv at«« 
 Ir...: l.Ji.f. 
 
 ten Tut It iir IniMtiii 
 
 1 lm\ 
 
 2 ji.t-ii ...11 I -, , 2101 
 
 See lifj'cuiiti. VI io2t> 
 
 6«« Ciivner*. 
 Insakitt. 
 
 1 ri«a ot— how tried 
 
 2 Efleci of. after coijTiciiuL, i - J 
 
 TxiLVINT PrilTOHh 
 
 1 I'rotn tea from iniprisobiuent,. . . 1^13 
 
 2 How dit>charged from arrest,. 
 
 , 3 May gire bond >. .. . 1 < • . 
 
 4 Proieedinps on failure to a]>pear, . lyyC 
 
 f> Sureties may surrender, 1996 
 
 n Notice 10 rredilora, j '.'7 
 
 7 To uon-reoident ci editors .7 
 
 8 Mom file schedule.. 
 
 9 Schidulo ataeadable, i ; 
 
INDEX 
 
 102* 
 
 10 Grouo'ln of ""hjeoirftti • i— .'Dzt. l'^"'-' 
 
 1 ] Trial of \<>9vi>- 
 
 I'J Or<lpr. il jury tinU f-n- nV- 
 .13 Ua'b....'. . ... ... - ••'- 
 
 ^4Effect of di!»cbarjre. . ->'•" 
 
 l."i Fulse oath, is J><-«jury . . ■ ' 
 
 10 Must fltliver {irof.eny 
 
 17 Di^po8:Ii(>u of i^roperrj _ . 
 
 See I'finof! lioitnd!' : J'nipertjf^fv^l f.-o-i] 
 
 iMepECTlON .AM> lN-rh<TOBS 
 
 I Inspector.- of 3 lar — .ipfK.inlaj-'u 
 
 '1 Whai JN uieictj.in;.i.'ile dour i> '^ 
 
 o Size and lonitir- •■' fMrrei. . i >''" 
 
 4 Irifpeclion and hrnu<iiug 
 
 5 In8|>ector's Iee!< 
 
 () I'.nalty ior fraudnlenr packing,. . 1")U7 
 
 7 In.->iiector < aunol buy l'***"^ 
 
 8 Forfeitur<i 1<t selling withuut lu- 
 spection, 1 •>'*'.' , 
 
 *1 Inspector's oiiih 1->10 
 
 10 tnspf'ction of ruoal an^l graius 1-311 
 
 11 Inspectors of wood, timber, turpea- . 
 line, tobacco, guano. tVc. \-i\'l 
 
 I'i Rules and regulations 1">1- 
 
 13 Penalty for buying or selling drift- 
 ed timber or lumber, 1>1:!. 1014 
 
 14 Inspection of piicL, tar, &c lOl'i 
 
 15 <iuality &<•., of turpentine barr(?ls . l*)i'j 
 
 16 Mark of suc!i barrels, 1'j!7 
 
 17 Power of corporate autborilies,. . . lol*^ 
 
 18 Inspector of li<iuor«-how appointed, l-'il'-' 
 1V> His oaih and duty l-VJ*' 
 
 20 Penalty for aeiliug drugged linuors. 15:21 
 
 21 Penally for evading inspection. . . Vi'l'l 
 
 22 Fees of inspector lo--' 
 
 28 Penalty for making drugged linuors 1-3114 
 
 24 Monthly inspection \ol'> 
 
 25 Penalty for seiliog without inspect- 
 tion 152') 
 
 Insirance. 
 
 1 Contract of tire insurazice -744 
 
 2 Interest of assured 274-'i 
 
 3 Insuring interest of another, 274' i 
 
 4 Of property changing, 2747 
 
 5 Contract — how construed, 274s 
 
 Loss — how it may nccur, 274'.' 
 
 7 Los; unknown to the parties, 2750 
 
 8 Diligence of assured, 27-31 
 
 Application must be bona fide, 27-32 
 
 10 Misrepresentation, 2753 
 
 II ConcealmeHt, 2754 
 
 12 Increasing risk, voids policy 2755 
 
 13 Willful misrepresentation, -27513 
 
 14 Alienation of the property 2757 
 
 15 To one of several assured, 2758 
 
 16 Partial sale, 275*^) 
 
 17 Transfer after loss, 2760 
 
 18 Transfer by operation of law 27GI 
 
 19 Second insurance 2702 
 
 20 Insurer may prescribe regulations, 270;^ 
 
 21 Waver of compliance, 276-3 
 
 2- Amount of recovery, 2764 
 
 23 Value — how estimated, 27C5 
 
 1f\ L.r'* :uM(r:»"hce 
 
 27 \Sj iTii 111 t.iKen 
 
 28 T"i \rn<<.. !•; be j'aiOl, 
 J" \:-^ > m-luiAtice 
 
 1 T •>! d«ath relcAsen III- 
 
 J7(iG 
 
 J insurei ■J7G7 
 
 -0..6TrAcT 27(58 
 
 -'770 
 .... :i771 
 
 •2773 
 
 "Rl Titne — UiiW counted 
 
 "■J >Uri'i" iuxlira'ii-e — con ii. ; :!77 4 
 
 •-'alawltii 4:onimerce. -77-3 
 
 ')oiit!>» in-urauce. . . . ■_'77i> 
 
 • I iiijpiied warranty ot as-nrcii,. . . "2777 
 
 . lllegil voyage, voids jiolicy 2778 
 
 " 'Jeviaiions. 2770 
 
 - -PeriU of ;he sea," defined 278u 
 
 . Ooutinuaiiou of risk, 2781 
 
 40 locrease of ri.-.k, "^i^" 
 
 41 Open pL.liciei«, 278 5 
 
 42 Value— how ascertained 2781 
 
 4;' Law of marine insurance 2783 
 
 44 Mutual insurance— contrrtci, 278^ 
 
 45 By-Laws of company 2787 
 
 4G C»fficers, a:;eut-« of aO 278-^ 
 
 47 Reduction of funds— liability 278U 
 
 IM Stricter good faith required in iiiu- 
 
 i.nal insurances, 2700 
 
 4'> Agents of t'on!ii;« companie-* nmsi. 
 obtain liceri.se 27'Ji 
 
 l.SSl-ltRECTl()N.S. 
 
 1 Detinitiin and punislimeii!, . .4214, 4705 
 
 2 Circulating insurrecliooHry pa+iers 4210 
 ;; ijovernoi may call out miotary, . . 00 
 
 Intburmt AM) Usury. 
 
 1 Lawful -^0-'^ 
 
 ■1 Usury -^-^ 
 
 ■:■, Ktleci of Usury 2024 
 
 4 Back interest not usury, 202-j 
 
 .'. / o Uict lex f'jri,—v,-hvt) each governs 202'i 
 Ii laieresl on juiiinieuts 2027 
 
 7 Payments— tiow applied to interest 202-S 
 
 8 Liii.iidateddem.ind.s, bear interest, 2020 
 Interest on merchant's accounts,. . 203') 
 
 hi Interest — how charged against trus- 
 
 2559 
 
 tees. 
 
 11 When and how compounded 2500 
 
 12 Interest on contracts for rent 22G9 
 
 1 3 Interest on legacies, 2428 
 
 Intehnal Impbovemest. 
 
 1 Lfifislature cannot contribute lo, .. 4949 
 
 3801 
 3803 
 3804 
 3805 
 3806 
 
 Intebroc;ator;es. 
 
 1 On what facts, testimony taken, 
 'J Mode of obtaining commission, 
 
 3 When it issues without service, 
 
 4 Service, where several parties,. 
 
 5 Commissioners- how selected,. 
 (j qualifications and fees of 3807 
 
 7 Must be fairly executed, 3808 
 
 8 Witnesses compelled to answer, . . . 3899 
 '.) Where to be examined, 3810 
 
 10 Writing answers — memortinda, . . .. 3811 
 
 1 1 Rules for execution of, 8812 
 
 12 How received and opened, ... "8813 
 
 13 Must be returned when executed,.. 3814 
 
1028 
 
 IiNDEX. 
 
 14 Failurt to reiuru, a coui»;m|il,. . . . 
 IC) liXkepiiouB III, wnen lo oe lukea, . . 
 
 H> \S htrti reati on tirsi irial, Ki 
 
 17 III oa.»ft^ ■>« arhiiraiioii, 
 
 IH III yii^t-. or Hiirt' hirietu, iN:c 
 
 I'.) Iti .lusiii-ef couriw, 
 
 1nikiu)1;km U.N Land. 
 
 1 Pruc. tiiii'K- aj;Kiiiei, 
 
 '/SiifiiH ma> niJuiini-ier uHtti 
 
 h Kwiurii ol »Hi>l.ivit — iriii ot i-uue, . 
 
 4 Vi-Kiici — writ ot j.(iff<'r>-i<iL, 
 
 1 (i>\«fiuui. iiiiiy cilJoi-i iiiilntiry. 
 
 iNVKHil.lNfi 
 
 1 Wiiiti; i.:uliirvr» — pudiwlmierji . . . 
 
 2 S«;aiiieti — pHti-iliy, . 
 
 ISSIJK AND 1n(:KKA»K. 
 
 i ItU-leiib*- 'il aillUJ.ils — uWlUT 
 
 li Ot t'ln\cf< lollow mil'. 
 
 3 ot iiuiiiiiilr uii land — <>»*uer, 
 
 4 Born /ituittnli- hi*: rf* »iv.i .tltl*-. . . . 
 
 I»»VK^ 
 
 1 (Joh>tll«-Tul -Imw irifii, 
 Tri.NEKAM I'l-.KSUN.S. 
 
 1 May t»' tciliowi'd, uikI linlil («> I'itU, .. . 
 
 2 (.liar^ril f:ri»i«, may Us I'.ntueil, 
 
 Jaii-k. 
 
 I Kiiw to Ik- (Hjiislnic'f-i. 
 Jxii. liui'.sns 
 
 Jail Keek. 
 
 1 iiit<olveiil criimuuls ditK!Jwtij;«*(i — Low, 
 
 2 Sifurily lor, iu wrtaiu casff, 
 
 4 Hiiuti'ttid, (k'ftMiJuiitlolMilifccliHrijtd, 
 6 NoUiK- U> pJainli(V iu (•«»ri;iii> «M>««i,... 
 
 .Tau^ohn 
 
 1 f;litrill-<>! fli<Mr appoiiit"-''- ' 
 
 2 'i htir oiUli ami boiul,. . . 
 
 iJ Ki-eoni ot" oalli juid bond, 
 
 4 fcliall lu'ep (;. 8 iirJKiuen*, 
 
 6 hlitrill lialtlf (or iiusoonducl of, 
 
 6 .lailororSlu-rifl inay boBUHi — wlidJi,. . 
 "J i'un.Kliiniut, for rcje«.'.uug jirisouer,. .. 
 h trhall keep slaves, imder seut*iu*, — 
 
 9 KiH'S ii\ siK'li onses, 
 
 ZOK-isoi; 
 
 Joint Oyv EMitKa. 
 
 1 May River on their trinl, 
 
 2 Klll-ot of L-outiiuiamje by one, 
 
 JOXXT i'KOUiSOUS. 
 
 See ih-Oblujcrrs, tt i«l /'rotutnim 
 
 Joint Tkxaxcies. 
 
 1 Are aLwiifihed, 
 
 Judges ok Snt*ERiOK Cccrt 
 
 1 Kk'Ction oC --3, 
 
 ■1 MiaLl \\A\'f adequute Baltriea, 
 
 3 Tii*. ir ttrm of office, • 
 
 4 Ouiu of, 
 
 & Vacaiioitv- — how tilled, 
 
 6 Tiiue of I'ltviintr 
 
 1 Term of un>»e elected lo till vaaiDLy,. 
 
 8 ApiKiintee holds out tenn — when, 
 
 9 \V ho are iliKible, 
 
 10 Shall uot practice law, 
 
 1 1 Kol deprived of oftice, iif circxiit clianges 
 
 3814 
 ;-i8ir) 
 ;-{8i.> 
 4144 
 
 4<)t..", 
 
 S'.)79 
 
 aw ! 
 
 I4irt 
 
 ollb 
 4(iU7 
 
 4:iM2 
 
 3j:i2 
 
 3.<33 
 3i«4 
 
 :i3i 
 
 333 
 334 
 
 33a 
 335 
 4380 
 4Vi6 
 4726 
 3>;22 
 
 4574 
 4575 
 
 22Jii ^ 
 
 4f»73 
 49S5 
 •126 
 229 
 230 
 •J 3 1 
 232 
 :!33 
 234 
 235 
 236 
 
 12 Musi hold court t^vice a year iu each 
 coiiuty of his circuit, 
 
 1 3 J,urisdiciion— extent of, 
 
 1 4 .VI usi discharge legal duller', 
 
 15 Shnll givf writteu charge — wlien. . . . 
 IG Chaise 1<> be tiled, 
 
 17 Th'^ii authority, 
 
 18 ilay<N'TcisiefuDCtiouH out of circuit iu 
 certain < -diteB 
 
 IU Kxer<.ir»<' express ix>wer8oiily — wheu, 
 
 20 Wh«.n Jud«e iHdll^'^uallli«J, 
 
 21 Iiupi H.liablo — when, 
 
 22 Oau r)' rfiinii iii lunclion out of I'^tatc, 
 
 ■J3 8iifcti II it try ix^rlaiti caen's. . . •. 
 
 24 Thf il -.ilariet, 
 
 2d Shall s)H.'nally charge grand jiwy, as 
 
 to (•■•nam luwn, :;173. 4429, 
 
 26 To < xi-ncs opinion ot lactH, error 
 
 27 ilaj 111, ike ruleB of practiot 
 
 2!i ^li ..iIht rules void, . 
 
 29 May urdi'T fund;) invested. 
 
 30 May nniuiro rceeiverx to give l.>oud. . . 
 
 31 May adinmiuter <%ithn, 
 
 32 May utlexl deeds 
 
 lUUUEH OK TUB SrPkfMK COURT 
 
 1 Klectionof, 204. 1283, 
 
 2 Their term of otfltv, 
 
 237 
 238 
 
 239 
 240 
 241 
 24:: 
 
 244 
 245 
 24li 
 247 
 24K 
 199 
 167.S 
 
 4494 
 
 3172 
 
 3l7<i 
 
 3171 
 
 272 
 
 274 
 
 243 
 
 2«Gh 
 
 497(» 
 204 
 
 »> \ ,v ir ■:. h — Uuw liili-d, 
 
 7 Pro. • . liiigM when dimpmli^e*! 
 
 8 liov.' iinauimouHtieoiNiour may Ih» te- 
 VOI» 'I 
 
 9 Tu. 
 10 U 
 
 ^^0, . 
 
 di'agTfl*- 
 
 1 1 May I'K'i'l di". 
 
 .) i'ri:i<.i|>Hi auu 
 
 ( t. .. I V ■ I' 
 
 h In fa\<'r ot" or i<gaiii<)t tin 
 
 9C.'l: - ■■' 
 
 10 At 
 
 rs. . :i492. 
 
 1-i L.cii ol, uli U. 
 
 l.S Po 11. .t. Mod '■/ 
 
 i::.iiuu«tn,. 
 
 II' UII btate. 
 
 :ild fur. 
 
 1 arrest, 
 
 - , , .,gs, 350S, 
 
 21 (j^ • — how st:-i aaidc, . 
 
 22 il«. •, 'icre luaOc 
 
 23 Cauijoi .- liy attacked 
 
 24 Of cvurT . .iitdiciioii. void,.. 
 
 25 AVhen set asidi: lu e^iuiiy 30G2, 
 
 2t> A mendoieot ol', 
 
 20b 
 20S« 
 
 21(1 
 
 212 
 
 212 
 2G6h 
 
 3487 
 348 s 
 
 :i489 
 349(1 
 3491 
 
 349:; 
 
 3494 
 349:. 
 
 3490 
 3497 
 349S 
 
 3 4 IK' 
 3500 
 3502 
 3501 
 
 35o:; 
 
 3505 
 3506 
 3507 
 3509 
 3610 
 3511 
 3512 
 3513 
 3515 
 3424 
 
INDEX. 
 
 1029 
 
 27 May be attacked br civcillDrs and pur- 
 chasers* ^{5 1 5 
 
 28 TrHHslVr ol judgmeuts, 3ol6 
 
 29 By :uio!iiey of record, '•io\ i 
 
 iO CoDie5.-ioii of judj^uK'Ut, ;!518 
 
 31 Jiidgo iTiay confess irj Jiis own ooiirt . ;!;)lfi 
 
 32 Right I'l' (.oulcssioi! 3020 
 
 33 Riglit lu appeal, Uf^ed not. be reseivoii. itJlH) 
 
 34 Need not, be renewed on roll :!.'>2I 
 
 35 When ilorm.uii. niHy be revived, .... 3;">22 
 
 36 Beconii- dormant — when, 28 jTi 
 
 37 Debt "h donnant, indgnn-nt. 352;! 
 
 38 Sci7'. fti'si-ix — where I'roiighl,.. 3r):i4, ^525 
 
 39 Rcvi\;il f)l, against non-re-sident • . . . ;!.')2() 
 
 40 Judgiiit lii ot rcvivai, :!.V27 
 
 41 For u-e mI a.ssignee o5'J8 
 
 42 Inatlachinent — )»o\v«et aside, :'.2;ut 
 
 43 In atlaclinienl — when general, ;'.211 
 
 44 In ej( c'tmeut — coiiclnsive, 327.''i 
 
 45 KtTect cf, in trover and trespass, ;!rt04 
 
 46 Lien of - lulnre interest in personalty,. :iJSl 
 
 47 For r -111 rendered at ir&t lerni, 2'.'(;'.i 
 
 JU mc I A 1 I » Kl • .V R rM E N T. 
 
 1 Jndieial power when, vested... 1!)7, 4i»i.;i 
 
 JLOIOAI, iMsrUlCTS AXr.> (.IROLllti. 
 
 See DLtrkti and Cir< 'lilv. 
 Judicial Salf.-s. 
 
 1 Efl'ect of, in pas!<ii,>; title 2575 
 
 2 F'.iruhaser need not go back of, 2570 
 
 3 Note iu writing, vninece.swary,' 257 i 
 
 4 C'.iotdl >-n,(iUf —(rand — warranty, . . . 2578 
 
 5 Pnrilia!<( i may enl'orcij covenants,. . . 257!) 
 
 6 Must br 'nt in possession, 2580 
 
 1 8ei7,up "f persoriidt.y — lien on Intnre 
 
 interesi 2581 
 
 8 !5;df- of -toek.^ 2582 
 
 9 Shfrirt''t. .successor may riiako title, . .. 25s:; 
 10 Pureliast'r need not trace .ind.«. Ae... 25Si 
 
 JURIKIS. 
 
 1 Qnalilioa'ioas ol ])d.i.t jo,roi.-<, :;s:{i) 
 
 2 How sell fled, drawn and -iMnmnned, 38.'!7 
 
 3 Oath of fH'tit jurors 3838 
 
 4 Qnulilicati'>n of jurors m Inferior court, 3839 
 T) How sek': t.Hd, drawn and summoned, 3840 
 
 6 Oath 01' iiirv in Inferior court, 3841 
 
 7 How drawn, if not done in term tune, 3842 
 
 8 7'afcs juror? 3843 
 
 9 How niadi ip. when liox is lost, .... 3844 
 
 10 Pt^rsons e.\» mpt from jury duty 3845 
 
 11 Oath of jiu-ies ni claim cases, 3847 
 
 12 Jur}' tax— how r.iised and reuntated,. 3840 
 -13 Si>ecial jury — how stricken,. . ,. 3833 
 
 14 Oath of sperial jury, 38,'!4 
 
 15 Same oath in divorce cases, . 3835 
 
 16 Stand over, on faihire of conri, . 3848 
 
 17 Lists, wlicn to he made out, , . , :i840 
 
 18 Jurors, tiufd for contempt,. , . 3850 
 
 19 May have rf-fre^liuieuts,' 3851 
 
 20 Jury fees — l.on collected, Ac 4032 
 
 21 Oath ot jury i)i criminal c.ase,>* v 453G 
 
 22 How enifiannclled in crimiiial ca- 
 ses, 45r,-i to 4572 
 
 23 Challenge of, 4530, 4531 
 
 ■ 24 In crimin.sl ■•;i><i>, ■ judges of law and 
 
 /a,ct, '\ 4532 
 
 25 Recounn<?ndation of jnrN', 4220, 4542 
 
 2G Jury trial ])ri'serve<i, 5066 
 
 2't Juries 111 JiJdtice's courts 4010 
 
 28 Uith of li:iili1f to lake charge of, , . , . 510(5 
 
 See ClMU<:tfj<\ a/ Jurors ; Gnuul. Jvr:':-i 
 
 Jl"IUSDICTiO>. 
 
 J Ol Supreme com t, 211 
 
 2 Ot teu^erior conns 242, 4974 to 4;>81 
 
 6 Of Jiidgns yi Suiwnor conn,. . 243 to 248 
 
 4 Ul infeiior couriis, 285, 4981 
 
 5 Of Inferior court lor county, ,.. . 280. 402"7 
 
 Of Jusiicen o!' Inferior coiiK 287 
 
 7 Of Court.H ul Ordinary, 30(; to 309 
 
 8 Of Justice's tourts,. 4037, 4039 
 
 9 Of Justices of tlie Peace,.. . 417, 4 is, 429 
 
 10 Of coiintits in coit^nn cases, '.!) to 41 
 
 1 1 PJea to jurisdietion 3391 
 
 1 J Contents of j.lea, 3392 
 
 1 3 Must he .sworn to :'393 
 
 14 Cannot be given by conssent, ;389 
 
 1 5 WJien admii,i.ed 3390 
 
 10 Oiui.s.sion of, .imeiidaliie, !4I8 
 
 JlKV, GKA.NJ), 
 
 See itraiul. Jji it^. 
 Ji:srii;t,'.s Col;ui.> 
 
 1 When, and wliere held 4035, 4036 
 
 2 Cannot try ta,-es of damage 4037 
 
 3 Suit on cev oral notes for banio debt 4 19, 4038 
 
 4 Jnri.sdiclioij, §50 inincipal, 118, 4039 
 
 5 Ten day, V residence gives jurisdiction, 'i040 
 buits r.v. co-ol.ligors, in dilferent di.s- 
 
 irielh 4'J7, 4«J40 
 
 7 Where J, 1' ,s jjarty 'i04i. 4043 
 
 8 bnil,s ?,v. iiiaker anU eudoivcr, . . t27, 4044 
 
 9 buminou.s - bov.' is.sned and signed, , 4045 
 
 10 Must .--pecily tune and jilace, 4046 
 
 i I How ,sei veO 4l)4.S, 4049 
 
 1-' Must, be lile.) and kept, ,' 4050 
 
 J 3 Proceedings uniform 4051 
 
 14 AjjpearainHt u-rni, 4052 
 
 1 -J Bail ill, 4053 
 
 10 CasoM may be .-settled, 4054 
 
 \'t Claims lor money — decision ol,,. . 4055 
 
 J 8 iHd.'hc,- ■ U).',i\ 
 
 1-1 Wliat plen- must be sworn lo,, . , 4007 
 2(1 Jiest evidniee re(pjired 4008 
 
 21 Partyinay prove his own accouni, 40:',9 
 
 22 Pro. ivY, against non-resident,. . . . 40(iO 
 
 '^'j J'ica ol u.^iiiy, &c lOHl 
 
 2i Defendant in.ay swear — when lO()-2 
 
 2j Cro.vs exaiiiination of party lOio 
 
 2i) VVitnessi>«— liow subpwnaed '10<')4 
 
 27 Testimony by interrogatories,, . lOtif* 
 
 28 Trial leriii,. ,* lOm; 
 
 29 Continuances, 40ti7 
 
 oJ Judgment 4<)G8 
 
 ol /\|ipeiUs, 4009 
 
 32 How tried— diawing Jurors 4070 
 
 o>i Oath of jury, 4070 
 
 34 Claiin.s — how inliM-pose<l. ....'...., 4071 
 
 35 When, where, and how tried,'. . . . 4072 
 
 30 Continuance 4073 
 
 37 tiost pa per.s-how established, 3898 t.o3 ^ft5 
 
 38 Dignity and lien of jiulgnients, . , 4074 
 
 39 Judgnients against sureties, 44)76 
 
it)SO INPJIX.. 
 
 •iO For defendant in ch8(5 of set off,. . ^OT'i KitNAiriSG. 
 
 41 Stfiv of c.vccution, 4(i77 . l<l>etinifion and puDiehment, . . 4200, 4207 
 
 42 Will n to b(! backed, 4077 Labobj.bs in Factories. 
 
 4;i Wli.n jilaintillis liul.h; loi c<iM^.. 4078 j IBoutp of labo^,.. . . ., 1.S47 
 
 44 Mhv nile constabl*' 4( 8(t , 2 Contract for excfegive labor, void,. 1847 
 
 4^) Mnj I iiloicc liip liiiliiii!y 4( 70 | H Ccn j-f ral {unifrhnient of, forbidden, 184S 
 
 •10 Muy lliw iulo^^ilnd ^vi•lneM•^•^.408I. ■;<^82 LAUD. 
 
 47 JriiUs.liy ioiiMi.Mc •.»>:; | l Ktiyeried and rcEfcvtd 887, 2361 
 
 4H I'liy lor tiikiiii; |.rii|nity to »fl|p, . . a s<i 2 Cfcnrp< b on .• 221 '> 
 
 4'.» No'lu'^tiff . «<li'i' ' '" <">•■"■!'•'• ^*^ ■ * I -^ ^^<1<^ "' <»e<»K><i. by uilodialtt-Lure. 220(> 
 
 CO Bri'nf.Mng i-un'n to <<>iii)ty m1- . . 4 (■(in\ cjiti.ifKf, n-i.bt he in writing, 1%- 
 
 51 truitK. aguiiisl tlir «' iii 1 'i Cm v. \iiricoot'. t" alien 20H'. 
 
 :.2 Change of tluiufliidjn.,. 'j Tit!.- .. . t.y |,iia-.rn.tiin..* ...i .. . 2Wl 
 
 i.3 PnKnt ( nis ^lllIld ui.;.l i l.iiij^< d, I'-.'. 7Titl. bv i ci\- r^' |,» ^^fSfioIl 2«)4_' 
 
 o4 .hidL-niinth rendered Ht oth<r». void 4-' i MDnl fMici i. j i:tdic i>e. •. 204.. 
 
 Ji'Kiif >M OK IM'IKIOK (V'lkT '.» "\\ ' ' • • ■■' " •"■I" 
 
 1 'liicir cUdi* n. < ntli. *<• . 27t>. I'iOo, 4«.)-7 10 1 1 
 
 2 \ii<r.r.< ill— liow tilled :^77 t<» l.'7'.i 11 I'l 
 
 :J AVlio ju<'e)ij,Mbk' lif-U . 5>ee y „l tyftomar : Jieai^. 
 
 4 Ciiiinoi jiiutiio law in their <ourl, 2Hi LaM'I . ■ ■ \xt. 
 
 6 Cannot try (afr—wl. or V.'.\ 'I>*4 l ^\ Mticn rxi-' . 22((>1 
 
 Can liold no (tier <-o..>Jy Ifl. •',.. . '^f.l -J H i .2262 
 
 7 Kx« iii]it Ireni juryai.d ■ 2^8. 3 hi:;! t« oj i> 22''- 
 
 X Nt nilitr inc«n-aiy <<• . 'JBI ' 4 Tri::T f n-.'"»' -i 'P.. . 220 1 
 
 '.I Knual (1ivi>i( ii | < ■ - I 
 
 10 r< wei and autlioi ■ : . -J 
 
 11 liuiy nn 1o("oiinl\ • ,^''', ■>'■•' 7 l: --''. 
 
 12 M ail n^S!;.^n roc II !i. uso. 470 1 8 1. . 22C^ 
 
 13 May lovy certain i;i \i — n.^w. 474 < '.» li. ■ i-<i i ....226'* 
 
 14 ('< n(ln< I as to. iniiy lie r« \ ii wed, . . 476 M \\ -train,. ... 22C7 
 
 1.') Miall audit elniins af:a;i.>t c« unty, 478 ) 1 \\ 22r.7 
 
 10 Makclruimmnpoit ti^tai.d jiiiV, 482 12 ^^ i rent, 22t'7 
 
 17 .May iMine /f. rW.N. jiiul '< r, ., , .' 4fM ' i:\ ][ 227<> 
 
 18 :May nttcMdieds . 22tl 
 Jr.'«TH Ks or inK Vr.\< i ^ . . '«2<<> 
 
 1 I\\<» in »a.h iniihiiH ..;niitt. 4«'8. 1'' t-u .-- al will,. .,2;C":; 
 
 2 Fie. {i( n and t< iin HH, 1-70, 4088 K r-. rent 22*4 
 
 3 How r<niov(d 40«i 18 1': nt hold r. .. 3983 
 
 4 VH.iMni»»—bow UOed. ... .4f»»to 412' I'J ^^ '' ^** 
 
 5 Kliyibiliiv and<ji)alilUuti..nh of,.. 413 '-'" ^ . . t .•> c-nant 398r» 
 
 6 May be al.j.niDted— wbi-n 414 '^1'' ;, Su|«rior Court, .... 3<»8«. 
 
 7 Th.'ir ..a-.l:— bow tak. I 11'), 410 22 D. Ld writ i.f J.o^^f•*Mon. 3««8. 
 
 8CrinifTial jnri-dirti.n . 1 . 417 Stv D.sfrts' U'ammt ; LrtiM-n : Rfnt. 
 
 '.*( 'i\ il jini.-(li. I ■ " • ' 418 L\Nn ! ' ' ■T' "" » 
 
 10 Kxtent of ini •. 420' 1 A. ntloued 2Sr>o 
 
 11 May I (• -tied i lit.ther 421 2 lb rvi-d land^. 28''>1 
 
 12 .*^liall noi iiy I H^e — w bi n . . l'.''.' ^ LamiV vKKh. 
 
 13 Whet dinji "aiified. who tuny n«.t,.. 422' I .Mteringorrfniovjng — punl-^hiaerU, 4470 
 
 14 (Many di^tr:(■t may ait — wlu-ii.. . . 422 LaI'>ki> Leoa^ y. 
 
 I'. Anilrririty and dt.t'y t f. 42?' ' 1 Wh« ii b'-fj'Ucy AmW liot bijiM',.'. . . 245<^ 
 
 Iti F.es vi\ . ;:J623 La»cem. 
 
 17 SIimI! rev-vipt for cbiini . 4t'6.> 1 Uefinition, kind^, !28i« to 4304 
 
 18 Malpractice by— J, r.tii-l.tir li 43tJl i 2Slr '-.- '■ • , . 43U.'» 
 
 I'J Shjill La\re(p].y<.f ill.!). iiMit. and 3 (i . Air -l^M, 
 
 I e biard before yrand |i.i\ 43V*1 4 (»i . .. . • ijie> 4307 
 
 20 May ntte>t deeds ."..*.. ^ 2tiC8 ' .'. L;. , tbe fcrwn 430H 
 
 2i .V;.y administer oaths, 420 Pu 430*' 
 
 22 Shall return list of tax iajrr>, ... 1,114 7 Wi.at iaK)i t; .iniounis ti>, 48Hi 
 
 S«e Jutt'ce.y' i\.ufta 8 Larc«-ny from the hcuiie, . . 4311 to 4t17 
 
 Jl sTim ATiox. ',» LarKDyaft'-r trust repc s'd, 4318 to 4321 
 
 1 In CAMR ot libel Ml d elabder 2'.t21 10 Of j iiblie dt>cuiDent« 43C«» 
 
 2 In other Chfes of lori i;«.t><3 Lawh. 
 
 3 E\N-t.viaii>'U 2984 ! 1 How graduated 1 
 
 4 C. ' >.iii if ir juied party 2'.t8ri 2 (.)f England in force h. i. 1 
 
INDEX. 
 
 ^ 
 
 031 
 
 ■•5 "WIkti to tHkf oti'.c; 
 
 4 Mu«t, b<' imhli^^hfil,. ,, . 
 
 5 Ojvrnft; only uifntiiro,. 
 
 'i Rnk« for constniinj; 
 
 7 M<'!iiiin^ of woriN in 
 
 8 Iiinor!tn''e of, no excuse 
 
 9 Of other StiU<s hnw far bio«>Jiii;. 
 ^(( Lrr /or/, /y/'.r fori 
 
 11 Faithful exofiitioti "f, onjoined, . 
 
 12 In violatir>n of timdamontnl i.tw, . 
 
 13 Impairing lonlrji. ts. void, 
 
 14 Sluiiild have jjoimtuI oporatioii. . 
 Si'f! Co/npifcr of La US. 
 
 Laws \m) Joubnai,'^'. 
 
 1 II(/\v |irinti^<l 
 
 2 Xiiiiiber to 1)1' printed. 
 
 ■i Distribution of 
 
 4 Niiiiilier nf, fir f>a.h county,. . 'J7 
 
 5 Hound eohies of Jonrn«!!', 
 
 'i I{e>erve<l eopjcv if the Inws, 
 
 7 Adverti-ifrneDt for dit^tributintj . 
 
 * S Hond .'f di•=1^^)df^.^... .."'..'.■: ' 
 
 l.>:»magos tor liroii -h of bond. 
 
 10 U.ind to be tiled iuid recorded 
 
 11 Distrihiilor .-iiipoiiilnd — when.. . . 
 
 12 l'i-ef<T!ed distribatTirc '....". 
 
 Le.\kmn(j and .Scienck. 
 
 1 I'ower of Li'i^islaliuo to prnh»o(<', 
 Le.xse.s. 
 
 1 Definition jiiid ni.tiim (I. 
 Le(ja< V. 
 
 See Devise oiiii Iaujoc^. 
 Letier.s Djgiiisboio\ 
 
 1 When jitid how j;rantcd 
 
 2 l>o not bar minor.-, 
 
 3 Void, if obtained' by 'f:-:ui<l 
 
 4 Conteni.« of o;d"r for 
 
 •Sei' Kxccdii.rt^. iO ; Ginirdinn ",h 
 
 Ward, 4} to' 40. ■ 
 Letters ok AiJ.\:i.MSi r.ation. 
 
 •See Admiiiisirniidii. of Esf(it( s. 
 LEvy OF E.\K«'i/r;(.N 
 
 I On persoiialitv. 
 
 _ Seii Executijii , 
 
 1 Piiriishmeiit for k'-epini; 
 
 Lewunkss 
 
 () 
 
 8 
 
 lU 
 
 9 
 
 A\)m 
 
 -1904 
 4905 
 -iDOO 
 
 . 9 -.4 
 
 . '•(■,!» 
 II, '.171 
 
 1 niiar^^e of interoo!u-.<»e with slave. . . . 2920 
 
 . Tri.ith of charge justification 2921 
 
 7 IVivileped.poramuiiicat.ion'^. 2922 
 
 . .S MaHeious use'of them 2923 
 
 Shnider of title, 2964. 2972 
 
 10 ]ii;iC!loas of sland'T-pit'tfa .^ost, Ac. 3806 
 
 LiHEnry. .. . ». ^ 
 
 1 Tidienonly bylaw and j i'li;iiii'Lr,48ftl, 50.54 
 
 2 Xoi iwicc jeoparded Corsa'ii- ■ci'iMii-e. 4890 
 
 LlHRARl.\N. 
 
 See >'.'•. 'c Librarian. 
 
 LlCE.VSl. 
 
 •i7' 
 
 'j7'.i 
 
 vso 
 
 4'.i41 
 22(iO 
 
 2o(;;; 
 
 2504 
 2r)r,rj 
 2o(»5 
 
 ( I.: I 
 
 1 Definition an 1 ; i.i.isbiueiit. . . . 
 
 . . . 4 I2i) 
 
 Le.x Fori. 
 
 
 1 When it j;ov. 1 11, . 
 
 '.i 
 
 2 V\ lien it ;.;o\ ' '■ • ■ ■■ •' 
 
 . .,,'.... 
 
 Le.\ Lo< 1. 
 
 
 1 When it detcMiiiue- 
 
 . '.*, 2T(fe 
 
 2 Wdl.'Il it i;'o\ '•; ii.- as to iiiterC:-.!. 
 
 . . . 2!)2() 
 
 LtHF;i,. 
 
 
 1 Detlnition and puiii'^l'.ment 
 
 . 4407 
 
 2 Printer, a witness 
 
 . . . 4408 
 
 H Kllect of iiis lefn.saJ to fc^^tdV. . . . 
 
 . . . 4408 
 
 ■I Tfiilti of, may l)0 [i roved, 
 
 . . . 4409 
 
 Libei, and Sl,axi)i:i;. ' 
 
 
 1 Definition of iil>ei 
 
 . . . 2916 
 
 2 Malice 
 
 . . 2017 
 
 '^' Publication, 
 
 . . . 2918 
 
 4 Slander — in \\li:ii ii eojisists, 
 
 . . . 2910 
 
 Liens. 
 
 1 Of mechanics, 
 
 2 Noti<'e to tlietn of other iieii^ 
 
 ■> Attach to^proc,eei\^ ,of aaie,^ 
 
 4 Trial of ii^sue, in case of disM'te.. . . . 
 .» Ks<eaiial3 of gjuod mecliani •■• ' "v. . . 
 ti Suit on debt or daiui, .... 
 
 7 Not affected by delivery ol 
 
 lalt^-. ceases on de. •, . . . . 
 
 ! .oats, '..... 
 
 ,•) . ,-, .. i eaforcing ;t 
 
 i 1 issue — Iiow made and tried 
 
 1 2 Rejiievy of boat, 
 
 I'.'; S'liLi admitted due,^ t'j^ be ,4»i}id, 
 
 14 Of miUvvrtglits and niiichinists 
 
 1 i Of stiHie cutters and marble conipaiiies, 
 IG Otii'-r iiens — how enforced, , . . 
 
 17 Attorney.^!, fiictors, inn-koeper.s ti'c, . 
 
 18 Vender's equitablo lien, .tliojisbedi, . .. 
 D) Kxtoat and dignity of attorneys lien. 
 
 20 Not i!efe;itcd by settlement of '•-••i's 
 
 2 1 Lieut, undfcr i)y-lawfl 
 
 22 Oiliest lieu preferred 
 
 23 Liens niider charters contiuiiO' 
 
 24 Of rules atisolute..'. ..*..... 
 
 2.") Of Livery Stable keeper, 
 
 20 On estate for trust funds. 
 
 27 Trustee oatiuot create,. . 
 
 ■J^ Of a.'ceptorp, 
 
 ::i i)e 'eit as to existence (if. 
 
 .:ii Of ind,5m(*nt,s in tfovr .... 
 
 31 (»f landlord for reui. 
 
 32 For purchase money . :2!4. 
 
 I AW.. 
 
 1 Taken only by^bny... ;89J. 
 
 2 ^liaH not be twiac jeoparde<l fVc- same 
 oileiice !«99. 
 
 blKi: HsiATK. 
 
 See J'Jttaicfi for Life* 
 Life Jxsurancr. 
 
 See Livi.rancf, 20 'o :;I. 
 LiM?;. 
 
 I Trausix)rtatioa of, on State ro;i ■ . . 
 Limitation' of Actions. 
 
 1 Oti l<)rei>rii judb.inciit.^ 
 
 2 Oil domestic Judtriiieiits 
 
 3 On s|je;nallies, 
 
 4 Statutory rijrhts 
 
 5 On simple contracts 
 
 (i (^n ofK'n accoirots 
 
 7 Bills of review ■ ■ 2;', 
 
 1971 
 1972 
 1973 
 1974 
 1975 
 1976 
 1977 
 1978 
 1979 
 1980 
 1931 
 1982 
 1983 
 1984 
 1985 
 198G 
 1987 
 1988 
 1989 
 1990 
 1991 
 1 992 
 1993 
 1994 
 2102 
 2.! 1.5 
 2312 
 2728 
 4407 
 3012 
 2268 
 3.-)81 
 
 5054 
 5054 
 
 2854 
 2855 
 2856 
 2857 
 2858 
 2859 
 2860 
 
1082 
 
 INDEX. 
 
 8 Of certiorari. ^ 2861. HOG") 
 
 9 Of writs of error 2862 
 
 10 Against (•xwiitor'^, Ac, on bonds, .... 28G:h 
 
 11 Limitations g^ood in equity, 28G5 
 
 12 On Ml! other actions ex-ron^actu, 28G4 
 
 13 Siiit-< by informprrt, 286G 
 
 14 I'l-xcvptoci per.'<un.«, . , 2867 
 
 15 Uisahjlity, after accTiial of ri^lit 28('8 
 
 16 In f.iHf of unropresentod C'Sl:ilc-.« 28Gr' 
 
 17 Wnere defendant i.^abs<.>ntfroinM.>«t<?, 2870 
 
 18 In cases of joint riyht of action 2871 
 
 19 In cases of fraud, 2872 
 
 20 Kc'commencement alY.er non-suif, .... 287 J 
 
 21 Wliere .set o(T is pleaded 2874 
 
 22 For damajije to realty 299(t 
 
 23 For injurie? to personalty, 'i9:«l 
 
 24 For injiiriea to the ])erHon >.'.K>2 
 
 25 Disabilities and exceptions 299:t 
 
 26 New promise, must be in writitijr, . . 287.^ 
 
 27 Kllect of new promise, 2877 
 
 28 New promise by partner, 2rt7S 
 
 29 By joint coniraclor 2S79 
 
 30 Credit on note — whou equivHJent i<> 
 new promi.se 2h7i'i 
 
 See rai'fal. 
 Limit \TioN.s op Ikuictjikvts. 
 
 1 Fo • murder at any tune i.'i.'il 
 
 2 OtiK r crimes iiunished willi death, or 
 peri'ctunl imprisonment 7 years tTiOl 
 
 3 in all other felonies, 4 3-ears L'^Til 
 
 4 In all other cises, 2 years l.^.M 
 
 5 Provisos and ex^eiitions. ATtb\ 
 
 LlMITIon I'VRTNF.IISHII'S 
 
 See Partners and Parttier/ilnji/t, ;u l^* .7, 
 LlQi:oi:s. 
 See lii.^pfriiivi and I)i.^pfr(or.t 
 
 LlVKKY JSrAUr.K KHKI'ERS 
 
 1 Liability and lien of il(>2 
 
 Loans 
 
 1 An- for consumption or u-i 2I("3 
 
 2 For uae, JlOt 
 
 3 For whose btnelil 21(l."i 
 
 4 Dilijrence of borrower,,. . . 2ll»G 
 
 5 Borrower's inten>st 2107 
 
 6 Not transferable 210m 
 
 7 K-xempt from sale — when 2108 
 
 8 Wlieu revocable, 210:» 
 
 9 Neivssary char^i .2110 
 
 1 Incrcaao belomijs to lender 2111 
 
 1 1 To married women 2112 
 
 1 2 How to be used 2113 
 
 13 When death of parties terminates,. . 2114 
 
 14 L<iLiii-i to marricii ilaupht<>r.x 2623 
 
 I/OST PaI'EK-S. 
 
 1 Proceediiijrs to osUblish, 368G I 
 
 2 Continuances 3887 ] 
 
 3 Rule absolute, 3888 j 
 
 4 Certified copies of, 3889 i 
 
 5 Suits on 3890 ■ 
 
 6 Oyer not demandable 3891 i 
 
 7 EsUtblishroent of executions,. . . 3892, 389:. • 
 
 8 Office papers — liow esublislied, 3384, 3893 
 
 9 What 13 an office paper 38f5 
 
 10 How established in Ju.stice's court,. . 38'.»4 
 
 L(vrTER)lCS. 
 
 1 Tax on 752 
 
 2 Illegal vending of tickets, 753, 754 
 
 Limbeh. 
 
 See Iii^p'^h'on mxl Tn^->ectors. 
 LtxATics, Idiots, \m) Insank Phhsons. 
 
 1 May liave puai-dians , .' 1 80:? 
 
 2 Commission of lunacy — how obtained, I80G 
 
 3 Return of commissioners, 1807 
 
 4 Apjieal from return 1808 
 
 5 "Witn.'sses, 1810 
 
 Secml application 1809 
 
 7 Pr<HciMiin)?s to end commission, 1811 
 
 8 Issiii — how njade and tried, 1812 
 
 9 Law ro;,'iilatini; i,'uanlinu9hip 1813 
 
 10 Conliiiemeiit of wanl 1814 
 
 11 At iiisi.uice of third ]K'rsons 1815 
 
 12 Chargeable with crime — when 4192 
 
 13 Wl (Ml put on trial lor crime 4559 
 
 14 Domicil of, 1G48 
 
 LfNATIc ASYIAM. 
 
 1 L(ir:i'i<in an<t niatiufrenicii! 1285 
 
 2 Api'oiiitmeut of trii«te*t», 128G 
 
 3 Their authority 1287 
 
 4 AppMinimenl of ittlier officont, 1288 
 
 r. Treasurer's bond 1289 
 
 G Annual re| oit of trustccM, 1200 
 
 7 Thc'SuiK'rintendent, 1291 
 
 8 His.iutie^ 1292 
 
 9 Who may lie inmatos of, 129:t 
 1(1 Inmates— how classified. 1294 
 
 1 1 ArraiiLri'ment ol" .iparUin.-iji.- \'i'^'• 
 
 12 PnfiiiMuv to •»<'«tru:ian.s, 129t. 
 
 13 K(- ^ • • 1297 
 
 11 N..; 129S 
 
 15 Cla- .:.. nt*. 1299 
 
 IG Pa Y cortirted, 1300 
 
 17 S;i].; - 1301 
 
 18 Pan|M.-r bt.> 'iiiini; mM'", must pay, . . . 1302 
 1;^ Shall not l>e sent away dot>Utute. .... 1303 
 
 20 TrialofluuiicvniMy 1>edolnaudcd, 1304, 1305 
 
 21 Inebriates admittinl I30C 
 
 22 How to Ik" kij.t 1307 
 
 23 lijSHii" slaves anil fre<* uegroes 1308 
 
 21 Insane convictj*-bowsiipj¥>rtiHl. 1309, ISl'i 
 2.'» (^iired convicts — juiw disitoi*..^! of,. . . 1311 
 2G riicer'ilied patient*- how dealt with, 1312 
 
 27 i'i.c<Mnmitiiient of iiim:it<'S, 1313 
 
 28 Insane criminal — how dealt wHIi... . I.H4 
 Macah\«izki- R.iai>s 
 
 1 Lhww n';;uUtjn;; C'JO 
 
 2 Sliall not aj»pro|»riatc h.^liway.s, Ac.,.. G91 
 M\CHIXISTK. 
 
 1 Lien of, 1984 
 
 MAGXETrC TtLtUlUPHH. 
 
 1 Injuries to — punishment 4336 
 
 Maicek and E.MKinsEK. 
 
 ] Suits aeaiust, where brought,. . 4983, 3266 
 Malice. 
 
 1 Ks]»n«(i8and implied 4218, 4219 
 
 2 In lilKd and slander 2917 
 
 3 In n)aIicions prosecution.s, 2929 
 
 4 In malicious arrests 293G, 29.'J7 
 
 M Vt.lllOl S AUKK,ST. 
 
 1 Defined — right of action for, 2935 
 
INDEX. 
 
 1033 
 
 2 Malice, and probable cause, .... '29:^P, 2937 
 
 3 Of persons exempt 293« 
 
 Malicious Mij^chikf . 
 
 1 Various kinds — puni.shmeut, . 4470 to 4486 
 
 2 Destroying books and papers, 4469 
 
 Malicious Prosecctiox. 
 
 1 Action for, 2924 
 
 2 Probable cause, 2925 
 
 3 Evidence of prosecutor 2926 
 
 4 Exemption of grand jurors 2927 
 
 5 Iiistijrator of ]troscfution, liable, .... 2927 
 
 6 Measure of damages 2728 
 
 7 Malice- when inferred 2929 
 
 8 What ia a prosecution, 2930 
 
 9 Prosecution must end before action. . 29.''.] 
 Malpract.ce. 
 
 1 By Justice of Peace — punishment... . 4391 
 
 2 By Physicians and Surgeons, 2915 
 
 Ma}."p.\mi;s. 
 
 1 To enforce official duty, 3i:i(i 
 
 2 Is not a private remedy 3131 
 
 3 In cases of discretion 3131 
 
 4 Grai.tablc in vacation 3132 
 
 5 Does not lie against Governor.. .... 3133 
 
 C Superior court may issue 4980 
 
 • 7 Supreme court may issue, 4172 
 
 MANSLAltiHTEU. 
 
 1 Detinitii.n, and devi^ions 4221. 4222 
 
 2 Punishments, 422.3, 4220 
 
 MaNTF \CTl iuko CoSiI'ANIE.'^. 
 
 1 How iuccirporated 163i) 
 
 Manimission. 
 
 1 Of slaves forbidden.. ; 1871 
 
 2 Legislature cannot emancipate slaves. 4952 
 
 3 Every attempt void 1 875 
 
 4 Forfeiture for 1 S70> 
 
 5 Record of pajx-rs for, forbidden, ..... 1877 
 G Foreign manumission, I87.S 
 
 Marble Companies. 
 
 1 Lien of '>'i 
 
 Marine Instranck-s. 
 
 See Inynrance. 
 Marks and Branms 
 
 1 Must be recorded 1394 
 
 2 Preference in favor of record, 1395 
 
 3 Preference to older record, 139(:; 
 
 4 Must be made by white per.sous, . . . . 1397 
 
 5 Not changed without leave, 139f< 
 
 6 Alteriug — punishment, 4300 
 
 7 Counterfeiting, 4400 
 
 8 Clerk interior Court. !.i> keep book of, 2:>2 
 Markki- <••, Kiir. 
 
 1 None i;j (lef)rgiH 2.);' 
 
 Marriage. 
 
 1 Restraint.^ of marriage, 16."<2 
 
 2 Essentials of valid marriage 1653 
 
 3 Who able to contra. •(, . . .'. 1654 
 
 4 Prohibited degrees 1 65.'j 
 
 5 Consent to — fraud in 1656 
 
 H When void— issue — raiiritation, 1657 
 
 7 License or bans, 1658 
 
 S License — how grantKl 1659 
 
 9 Return and record of iic"nse 1659 
 
 10 Return of by ban» l'S60 
 
 11 Consent of parents '.o, .1661 
 
 12 Penalty on ordinary, 1G6I 
 
 13 Penalty ou persons oftji-iating, IfiiVi, 4441 
 
 14 .Tewish marriages. 1 663 
 
 15 Between whites and eolorcl i>rol)ib'od, 1664 
 
 16 Of free negroes and slaves 1665, 1666 
 
 17 Not void, for want of antliority in 
 jierson officiating 1 661 
 
 18 In another State valid here 166^ 
 
 19 Laws of not evaded by mnrryiug out 
 
 of the State ". '. . . 1G6H 
 
 20 How proved in actions for adultery,.. 2900 
 
 21 Is a vahi.sb'.e cxMisideration 1731 
 
 .Marriaok Contracts and SBrvLBRiKvis 
 
 1 By parol or iu writing, enforceable,.. 1724 
 
 2 Husband may execute, or convey .. . 1725 
 
 3 How attested, and construed, 1726 
 
 4 How, and where recorded 1721 
 
 5 Wife m.\y comi)el a record 1728 
 
 6 Ai>pointment and removal of trustees 1729 
 
 7 Execution of in favor of voliintceis, . 1730 
 
 8 Who are Volunteers 1730 
 
 9 Wife stands as? purcha.ser under 1731 
 
 10 Power ol wife over separate estate, . . 1732 
 
 11 When she may sue and b« sued 1733 
 
 1 2 By mhiors,. . ." H :!4, 2696 
 
 13 S:)le l)y wife to hu:sl»aud or trustee,. .. 1735 
 MARitiEi) Women 
 
 1 Their domicil, 1 640 
 
 2 Loans to, 2112 
 
 3 Contracts of, 170:!, 1708, 2692 
 
 Maktial Law. ^ 
 
 1 Declared only .iu extreme iii'reR.sity,. 4910 
 Masom's Likn. 
 
 See Lievs 
 MasteU and Servani. 
 
 1 Indented servants, 1840 
 
 2 Rights of Master, 1 841 
 
 3 Rights of servants 1 842 
 
 4 Contract of apiireiiticf'ship 1843 
 
 5 Power and duty of liiaxter, 1844 
 
 6 Proceeding against ma.sttjr, 1845 
 
 7 Action by mastx^r, 1 846 
 
 See /jah(>r(>i\s in Faclnrp's. 
 
 M;*STt:R AND Slavk. 
 
 1 Right and power of master 1849 
 
 2 Cruelty to slave 1 850 
 
 3 Duties of Master 1851 
 
 4 Belief to neglect...-d slave, 1852 
 
 5 Proceedings vs. owner in such case,... 1853 
 Work on sabbath forbidden, 1 854 
 
 7 Restraints on privilegt^s of slave,. . . . 1855 
 
 8 Unlawful ti-aftic of .slaves 1856 
 
 .) Slaves not to be employed — where, . . 1857 
 
 : ft Penalty therefor, 1857 
 
 ' 1 Mutual protection of, 1858 
 
 : 2 Two convictions for cruelty, Ac, .... 1859 
 "■'> Slaves in such case— how disjiosed of, 1859 
 
 14 Master's liability for acts of slaves.. . 1860 
 
 1 5 Slave— when agent of master, 1861 
 
 ..IC.Ooramandof ma.ster— when pre.sumed 1862 
 
 17 Master's liability for slave's negligence 1863 
 IH Interference with slave by third per- 
 son ' 864 
 
 '9 fjjiriionng runaway slave.s,. 1865 
 
 •JO M.Mster liable for uoceasariea of slave, 1866 
 
KKi-i 
 
 NI>E>. 
 
 21 Willie f^rwiri 
 
 22 I'miuHv fo: 
 
 23 l'«-n:ilt- ', 
 
 24 1- ■ 
 
 tf:. 1 
 
 ■:ii i'di.i : 
 
 27 rniiih 
 
 28 Mi.iiii. 
 
 ■I'J Allai;. 
 
 30 IVli.iii. 
 
 31 H.-conl nl !V 
 
 32 FMrv:;i, Ti . 
 
 ' 3;h m 
 
 .11 I- 
 
 ;«.'» I(< l..ll;i:i( 1, 
 
 li\ci lii|:,i,( . 
 
 • SO Arn.^l 
 
 »- 37 Mii^i .1 
 
 « ;js riii'v . 
 
 3!) S 
 
 10 l> 
 
 •11 ( l.ul.l . 
 
 if\yi'tii 
 
 ^42 \.' 
 
 1 h 
 •J II 
 
 :mi 
 
 d into. . 
 
 '.'.3 
 
 ■ •».')'.► 
 
 .(iO 
 
 - • r 
 
 ■J OtiY, 1, 
 MkaM I.I . 
 
 1 In •■ ■ 
 
 Ml 
 
 1^ (M h«^»ir inTtttx 
 
 Mfmkkks «tr ConaRiiitii 
 
 1 \Vi 1,. -... 
 
 2 1- 
 
 3 Ml 
 
 MkHi II \ M- 
 
 I \r., , , ;. , • 
 
 M I >NV I'k. I . . 
 
 Mil i 
 
 Mi; II 
 
 1 \ 
 
 1 . . 
 5 .^t < 
 
 Mll.lTI V 
 
INDE> 
 
 1035 
 
 57 X.nr •''-' — — 
 
 i9 Ace, 
 
 CA EUaioii — by V. iioiii ordere<l,. 
 
 <]{ Offi'-rr* — Vnr.' "Ommissioned, . 
 
 pi of ofticfTS-IOM i 122 Sulmtituwf, 
 
 1039 I 12". Militnry law aiid 
 
 10::r> "[li Voluntuei forupaiii 
 (rated,. 
 
 f )n- 
 
 1 10-J 
 
 ioj: 
 
 pnrtnient 1042 
 
 • I ;; ;, r;:L 104:1 
 
 ■ s. ... 104.''. 
 r-.. . 1044 
 ;N. . .. \04'^ 
 
 10-ia 
 
 64 A'lju-iii:: 
 05 His app' 
 C6 Hi« tern 
 <57 Pivipinn 
 
 08 Staflof . 
 
 09 Ars(jn;i]. 
 
 70 Ucixirt ' ' 
 
 71 Chiefs or:st..ll. I. i*ori <ii.arU.r.y, lUi'' 
 
 72 Thoir jiirivdi tu.n and cominaiid 10.') f 
 
 78 A<T.'oiuit.« lor iiiiiitary ?ervifee 1«J'^ 
 
 74 Afl.jtitanJ, <:-.neral. thief of SlalJ; 10.->2 
 
 75 Alinniiitnri'i t .;iid raniv of Btaffoflk-i- 1052 
 '^ ,U '..V 1«'':? 
 
 ■ . < i.c :i.liii.:L< J-huw 1054 
 
 1"I54 
 
 - ; ..larfial 1055 
 
 1411 
 UO'.t 
 1400 
 
 7fi (ii.ivcrnor ^ 
 77 Mi!i'— • '• ■ 
 
 ■JOCoi,-' ■ 
 
 inci 
 in<;-j 
 
 1003 
 1004 
 
 bO How convfiieu— jiirigiiiclioa 1050 
 
 »l rofjiiiltiiipo*"<:T.s— penalty 1057 
 
 .S2 Cases pro':'eo<l ic parte — ^' 
 Hi i'ny fif niiMnIxT'* ofthee'H 
 S4 Tiie cull' '-h conifri.i'i- . 
 
 ^5 KiiH.'siii 
 
 80 Do<ira(l;,- . .1 • . ;"crs, '. .". . . 
 
 «7 Cadets— ! 10 w tried 
 
 88 F,.\ccutici!'< rel;irnable in 60 dayn, ^ „ .. 
 
 39 liisordcr at parados — iwnalty, 1060 to lOC^i JilTTlMJs. 
 
 9U Sutlers, , : • • • "^'j^ ', See CoiumUmeni. 
 
 91 Into.xieatien on parade ground, 107<» 
 
 92 MiHlary oi>,Mni/.;:tion in eiCcH, 1071 
 
 93 Klectiou ol^oibcers,,. . ,„ . .,. * .. H>p 
 
 94 lUsideiico of r.illcers _. 107:i 
 
 05 (^iptains may H[ipoint non-eoin. offic's 1074 
 
 OH D.<.-i<;iiiitioT! nl crtmpnniei', ll>7'> 
 
 ',•7 Of Battalions i^id regiment.--,. . ,_. . lOT'i 
 '.>8 Aiiiiiif^lavoluntO'-'i- battalion, lUTTtolOT'i 
 99 Provisions ('x tended to Macou, &,c , lOH't 
 
 IDO Savannah volunteer regiment,. . . . 1081 
 
 IS .\XI) M"lLLEK.«. 
 
 1 rnliiic mills deljneti 
 
 J iirain, in wLat order f^i 
 
 JTOU ...; 
 
 4 Furteiture for failure, ^*i''^ 
 
 ■") .Millers cy.!!! t :' i inili'.:;. .i':-'. ^'^2 
 
 1 Li.-n ol. ~ ' 
 
 INI.NG. 
 
 I Puni>hi;^ , ■ ' 
 
 Minors. 
 
 1 Di'rahilities . : 
 
 2 F^u•ni^hinJr iKjuur ;o 
 
 .; Ganiinf; with, • • 
 
 4 Doiaicil of. . . 
 .'» Contrail- of. 
 
 Mis.joi.\nEK. 
 1 Of actii> 
 
 MlKSOMERS. 
 
 1 Amendable ui.-Uih 
 
 ^IlST.VKE. 
 
 1 "Wb-n >uflri(:icnt to :i; ;: 
 1 A^ to consideration of < 
 ■\ Clerical mi!»tak-s amenu..- 
 4 Of drn!;pst, ^aiisini; injur 
 See Arriileni aiul Mistake. 
 ,MI^iT^lAL. 
 
 1 Where jury br.ak withoi '. 
 
 . 1588 
 
 2nn2 
 
 2't.'.3, 442f. 
 ....*. 1647 
 .'G93, 269.% 
 
 . 318<) 
 
 3418 
 
 2592 
 
 . 2707 
 
 . . ?.430 
 
 2947 
 
 ^rdi-t. 8850 
 
 l(is4 
 
 1(185 
 
 101 Officers and .staff, , 1«>*- 
 
 Wl Tlieif rJTthU ?eeurt?d 
 
 lOo How eoininaiid' J, . . 
 
 104 Honorary mi-nibers, 
 
 lOr) Governor to i.ll dni military force, lOMiJ 
 
 I'/C. Disiipliii" wl.'.n in service 1087 
 
 107 Pav and ration-, : . . : 1088 t 
 
 108 Coinniaiidor may rcjiel invasion,.. 10S9 
 
 109 Dctnchin.'u'ts f.^r C >S. servir- 1090 ■ 
 
 aiO iJriiradcs.for C. «. »('i'j,-ii:u, 1091 
 
 Ifl Flat^.s of '.rooj-rJ going out of State, 1092 
 112 Mililia cxemLit from tolls 1093 
 
 MONKY. 
 
 1 Dra^vn from trea-«Liry, cJ 
 
 Mortgages. 
 
 1 Only security for debt 
 
 1 What property may beeuib. ; 
 
 3 Form and execution of,. . . 
 
 4 When and where reoordisd, 
 :> Efleet of failure to record. 
 I) How admitted in evidence. 
 
 7 Effect of defective record ■■ 
 
 8 Kec -rd of, not in time,. . . . 
 
 9 Probate for record 
 
 . . 4947 
 
 . . 1956 
 .-.■dm, 196ft 
 
 1957 
 
 .1957, 1958 
 1959 
 
 v^m 
 
 . . . 1901 
 
 • .... 1««2 
 
 1903 
 
 113 On muster days-, under arms, . . . 
 
 114 .\rms, «*cc., exempt from levy,.. 
 
 115 Militia free from arrest, 
 
 lie. Phiraiirv eiectH militia oftioer.s, , 
 
 117 Eiectioiis- wliere iiidd-lraod,, 
 
 118 Connnissioii <•! I'fticers 
 
 119 Keniovsil i.f ^t.aiV offi ers, 
 
 120 Action of S.'i,ate us to oBice?'^;,. 
 J2l!01ticers to report ihemwiven, . . 
 
 1094 ' 
 
 1095 
 
 1095 
 
 1090. 
 
 1097 
 
 1(»98 
 
 1098 
 
 1099 
 
 1100 
 
 ■,0 No tacking of, in Georgia 1964 
 
 1 1 May he taken by sur^tiOs. .... l96-> 
 
 12 MoHsragor may redeem in t".'. yi-an 
 
 13 Fol-eclosure for debt,.* • - • 
 
 14 To several mortgagees 
 
 15 Saicof i.ropertv uiidyr(.ther ).ro«-e-s, 
 10 Bond of i/urehaser, at publi^j ->uU;a, 19/0 
 :7 On land«-how foreclosed, 
 
 18 Executors, &c., may foreclose, 
 
 19 Defences against foreclosure,. 
 
 20 Third i>er.sons cannot defend 
 
 21 Representatives of deceased mort- 
 
 . gagor, party defendants . . ABii) 
 
 22 j^sue— liow tried ^oi^ 
 
 23 Judgment, and sale of property... 38^J- 
 
 24 Disposition of proceeds ..... .... • ■ 38<o 
 
 25 In ca.se of installments .n<Jt due.. . . 3874 
 
 26 Mode of foreolosnreonper.ir.iiahty, 38/ •> 
 
 196G 
 1967 
 1968 
 1961> 
 
 3806 
 3867 
 3868 
 3869 
 
1036 
 
 INDEX. 
 
 .{876 
 ;J878 
 
 «H77 
 :i87'.> 
 :!88» 
 :{881 
 
 27 Lovy and miIc of propertv- • ■ 
 
 28 Snl« oC jiroperty Uy «'ons<'iit. 
 
 -0 MortL'ULro /j. I'l. iiiHv clHirn— wlicn, 
 .'{() IllogMlitV ti' MIortsfHpp /»". /■(; , 
 
 • !1 J*r<>oi'(<iitig> IliiToon 
 
 .'•li Sale of iiroperty. &c 
 
 ■IS F< ri'fk>-urc .im] d<-U'Uci' Ity I<*i(iii 
 
 pciirc^t^iitHtivo.x 
 
 84 C<)iifc«t by rliird pi-rsoti-. 
 Motions. 
 
 1 In jin-f.sit of jiidtfniciit. . 
 See Jui/i/irn'nt: N'-'w J'n,ii, 
 
 MuRDKk. 
 
 1 Deliiiition of, 
 
 2 I'lmislinieiit for 
 
 li Killinjf ii Hliive is in<ir<1er 41»34 
 
 4 Advisors of infnntioido, Ao 
 
 & Coiioealinent of cliild'n dp.-iili. *c 
 
 6 Ptinislunent for oonocnliini' 
 
 7 Ah.-miiU witl) jnU'iil to murrlcr, 
 
 Mt'TIS'V 
 
 J Dilinilit)!! and |tiinmlmn'iii . 
 2 Jn.sli>jjtiM>r 
 
 MUTIAK l.VHVUAVCR 
 Set^ lust; rn iff 
 
 Namics. 
 
 I llow oli.inytvl l7:tK, 
 
 Nk K.veat. 
 
 1 lu wli:il, caws |{rHnU'<l. 
 
 2 Showing' ol i-oniplainiini, 
 ?> His iiM'uluvii ami l>oti<l, 
 4 May I'siio williom v, d.' 
 
 6 Di'fcnditni \ntiy nl 
 C Power of CDiirl wJi- , .- . 
 
 rcpli'vied 
 
 7 Kn((.rifHl hy RiUclminnt. 
 NEGI.l<iR.\<"K. 
 
 1 In i-anes of trust — «t<-|»on for. 
 NK<3<>TIAm,K PaI'KICM. 
 
 1 \\\vM arc .r,;U, 1722 
 
 - Kii(ior.scnioiil iiwd not b,. imdcr m-: 
 l^ LimitO'l (>n<)or<>«>mont> 
 
 4 In : ■ 
 
 7 lk>:.„ ,..„^ ,.| , 
 
 5 Wliat is noli. . 
 9 Title to. when 
 Set' nuiii of Kf^Jkan^f , I'rmtiU^ory A 
 
 N KG ROES. 
 
 1 Illopilly imported— how dealt wnl; 
 
 2 Koreijrn iiniwriation of i.mliii.ii. .' 
 
 3 From slave Siate«, 
 New CorxTiEs. 
 
 1 Trnusfcr of procetw a:id cases to 31;:. 
 
 2 Officers inolndi»d in. contimie. :(s 
 
 3 What officers act in 34 
 
 4 Juries for — how organixed. ... -jj 
 
 r> Taxes fo-— how levied. 36 
 
 <j ()fficers of— how qualified -{7 
 
 ' '■^v.''•'.' >— t ■ iu,"»y make n-tiirn- iij. :is 
 
 ^ ^''i ■ of m Ivt-^i.slature. . . . 43 
 
 ^"^ow - '.s-sioual disL attached, . 40 
 
 10 To what circuit atUohod 4S 
 
 1 1 How »9iitablwl»ed, J^ 4943 
 
 4882 
 
 4220 
 
 42:»6 
 t2:t6 
 
 4 2:1: 
 »■-'.■.>' 
 
 4:t98 
 
 i.fi: 
 
 1T41 
 
 .ii.i;^ 
 .1149 
 
 New PiKi.Mi.sK. 
 
 1 Ktlivi of a.s ((» sfufiir.. 
 l:ons 
 
 1 ThiH«»' whioli coiiiii 
 
 prew.«rvt.-. Ac 
 
 Xkw Triai.- 
 
 1 KuieM for. .imondable. 
 
 2 <ir«Btc(lonly liy Superior ••Mirr. 3635, 3G;{il 
 :i (irounds for, A])(«ci6e<l,. . . .t637 to .Ifrl I 
 
 f iimita- 
 
 . 2875 to 2879 
 
 I'l.irs must 
 . . 2C2, 3IC. .{;«(. 
 
 34:r_' 
 
 4 fhi otJu-r (rmiinH<> 
 
 H p. 
 i> S 
 
 10 1; 
 
 11 M 
 N01.1. 
 
 1 W 
 Nox I 
 
 I y, 
 
 •2 W ■. ,. , 
 
 XOX .1' IM'J 
 
 1 Of Parlu-M 8ui«»dab)(' 
 Xomnt-ir 
 
 ) N'.-.i .11 .wi'd — wlicii.. 
 
 :tr,j 
 
 fr.r. . 
 
 — whfii 
 
 •.|i<tV c.iik'*.. 
 
 IC42 
 3645 
 3G(4 
 
 ■tr.jr 
 
 fr.4'j 
 
 41») 
 
 lo<l iiudrr <m|1i 2793 
 
 jMoa ap]>li(> 
 
 \. 
 
 .t40J 
 
 1 1 1 4 
 
 i-iU'.t 
 
 ft T 
 
 11 J". .- 
 
 12 M..V 
 
 1447 
 . 1448 
 I44K 
 I44A 
 1449 
 '■ or(v<iat.\ . 1450 
 
 I4&1 
 
 uid f*jd»«« • 1462 
 
 --d* 26C8 
 
 '■ .icew 
 
 tlniiiiUier crrtain OMtlm. 1451 
 
 .cv b<Kik«, k* 
 
 ' iraiibJerncr. 
 
 !iold>.r 
 
 -iiin<vi . 
 
 uTm:. 
 
 27J7 ! 
 2T40 I 
 
 •»«»»» at wt!' 
 
 .\ 
 
 3437, 343li. 3442 
 
 3757 
 
 ■e^ *e 1731 
 
 .1,1. i. i..,t,.,. i7j(, 
 
 - :n.> 
 •; tj 
 
 1372 
 
 2703 
 ?79«l 
 
 Of. • 
 4S.»'' 1 .i I <i-.iij.itjif .■i> .1 u'*i'-iK> . 
 <»51 1 Ncii^ANVES 
 
 ' " ' 2'J3:t 
 
 2«40. 2941 
 
 2942 
 
 •f alieneea, 2943 
 
 2944 
 
 How awalpd, 3990 
 
 7 When in town or city .199C 
 
 8 Notice to pftrtieH, '.ril 
 
 9 If a milL tc — how abat£^ : 4'.^ 
 
 lOOO 
 4»0I 
 
INDEX 
 
 1037 
 
 19 What tiiuManc«>w am indictahK:,. 4431 
 
 Nhl Tin. RfcoRi) 
 I [>;» «.r. :^•^06 
 
 Oathh. 
 
 1 OfrniTf-rrKfT, . 4958 
 
 7, Of Jh.1k»'h fifSuprcin*.' fourt. '205 
 
 3 i)\ Jiidtf*-'* of Superior ooiirt, 229 
 
 4 Of .In'-ti(»"( of (nferior (^urt, "276 
 
 r> Of Ordiii.-irv, 296 
 
 6 Of Ordinary a» school txtmnUHsion^i. .XIS 
 
 7 Of .Tiistke*' of tb*- Pomv., 415 
 
 8 Of clerk orjjuiirefrif" (»oiirt. . "214 
 
 9 Of rerxjrter 'sl9 
 
 10 Of 'if rk of Superior 'X»nrl. . 'J.%9 
 
 1 1 Of olerk of Inferior court. 290 
 
 12 Of Shr riffs :VI^ 
 
 13 Of JailorM, X,:V2 
 
 14 Of AtUirney and ^olii'itors (letieral.. . "47 
 
 1 5 Of A tf )riieys at Lrr- ."^T 1 
 i6 Of r<jrislal)loi>i 443 
 
 17 Of Tiix H.>.'.MV(<r,.. S4'2 
 
 18 Of Tax Colic rtor,. S53 
 
 19 Of Tnx pajvTB, 'i4, 7(55 
 
 20 Of Ifyjislatort*, . 4939 
 
 21 Of Sf'orolJiry of Senat.', ISO 
 
 22 Of TUm k of HoiiPP of Reprr-K^tittii n .-e, 1 69 
 
 23 Of tl.' ir assJHtantK i S9 
 
 ■24 Of SuixHiiil.ndentof W. ,t A. H. R.,. H94 
 
 25 Of flui Tn-asiirer 903 
 
 26 Of th«; Auditor 907 
 
 27 Of (h<; AKent* 917 
 
 28 Of f.hc ( :ondiictor-<, , t>2S 
 
 29 Of (;raiKljurore,.. . . 3m27 
 
 30 Of KiK-cial jurors... . 38;u 
 
 31 Of jM-l it jurors. . 383f 
 
 32 01 jury in rriminal caw^, . 4^-i('> 
 
 33 Of jury in < 'aiin oases, 3H47 
 
 3-1- AVif nosH's lif^foro gr.'iiid r-irj-, 453s 
 
 35 ill i-rimioal caees, 4537 
 
 oii Of iiiquf*t, of insanity, 
 
 37 Of Coroners 
 
 38 Of County Surveyi': 
 
 39 Of his ass-istaut, .'. . . 
 
 40 Of woii^liorH of produce. . 
 
 41 Of Xoiarios Pnhlic, 
 
 42 OfKxecuUjrs 
 
 43 Of Administrators 
 
 44 Of Guardian?: 
 
 45 (if TneprTtor- 
 
 46 Of Pilots, 
 
 47 III attacliments, 
 
 48 On Garnishments 
 
 49 Of in<!olveiit debtor?, 
 
 50 Orsui>ermtendentH of elections 
 
 5 1 Of voter-j, '. 1 222 ro 
 
 52 Of appraisers of e«t*it*«, 
 
 53 Of ro'.atU'rs, 
 
 64: Of ped<llcrs 
 
 55 Of Iwilift' to (^rand ii.iy 
 
 06 Of haiiitT to special and p-ytit jurien, . . 
 
 57 Justice of Peace may administer 
 
 68 Judge of .Sup'r court may administer, 
 
 Or>scEN">: Laxguaok. 
 
 1 In j)reseuce of femaks — penalty, 
 
 561 
 546 
 649 
 1534 
 1447 
 2411 
 24 67 
 17 63 
 1510 
 1455 
 3205 
 3462 
 2002 
 1229 
 1224 
 2479 
 1377 
 1567 
 5105 
 5106 
 4 29 
 •243 
 
 OBhTKrmSr; TjE({AI. PKW.TSStK 
 
 1 Definition and punishm'^ni. 4370 
 
 Ornr Ev. 
 
 1 Who lueligiblf to 125 
 
 ■.■ How vacated, 131. 1 65 
 
 3 CoTivict«lfelonsoan'thoicl,4621,4549, 4573 
 
 4 Ifiildersof public nionej', unaccounted 
 
 fr r ineligible, 4922 
 
 OtTIClCRH. 
 
 I Additional oathof. 134 
 ■.' F{.<:idouc»; of, 128 
 
 3 Include"! in m-w county continue, ... 33 
 
 4 f>r old coimty act. — when, 33 
 
 .'» Of .idjoininj? comity act— when, ..'... 34 
 
 6 V.'hal oflRcers must keep v^nl 128 
 
 7 Of fomnupsions of . .. . l'J9, 130 
 f' Resicjuntion <.f 132, 133 
 
 9 Aci."? of valid without oath, 142 
 
 10 Liable alter oxhanstioo of hond, 160 
 
 1 1 Mtist deliver hooks t > successor, .... 170 
 
 12 Penalty for faihira *. . .. 171 
 
 13 Penalty for dctaiuinK bool-'^ A- .. 4368 
 OrncE Rooks. 
 
 1 Subject to insp<>>'tioti 16 
 
 2 Must bo di'livered on va<'ancy, in o*- 
 
 licL- 161, 106, 167, 168, 170 
 
 3 Of Ordinary, 316 
 
 4 Of clerk of Superior cvjurt, 262 
 
 5 Of <-lerk of Inferior court 292 
 
 • "> Of clerk of .Supreme court, 216 
 
 7 Of {?heritr, 336 
 
 « Of Exccutivf oflBw 78 
 
 9 Of .State Treasurer, 89 
 
 10 Of .Secretary of State, 85 
 
 1 1 Of Comptroller General, 9.6 
 
 12 Puui.shment lor detaining 4368 
 
 OfKKi; P^I'KKS. 
 
 1 What are, 3>58;,v 
 
 2 ilow e.-itablishec] when lost,. . . 38^4 
 Ofuceks or Coi ht. 
 
 1 I-ia'udity to suiv'-, 
 
 2 .^hall I'J'y 20 per ••cut U;r rettiining 
 money afier demand, 3854 
 
 3 Servic«3 of demand - proof of, 3855 
 
 4 Subject to rule, thou^^h out of office, . 3856 
 
 5 Rule nini in vacation, 3867 
 
 (i Answer and prooeeding-s thereon,. . . 3858 
 
 7 Ruled without notice — wlien, ... 3859 
 
 S, Lien of rule absolute, 3860 
 
 9 default of— how puiushed, 3861 
 
 10 Fees of, 3(;i3, ?o3638 
 
 Okficial, BoNiiy. 
 
 1 Who may sue on ... J 4, 15 
 
 2 llov.' payable 143 
 
 3 Shall accompany dtilriind 144 
 
 4 How approved .... 145, 155 
 
 5 ^tlreties on H6 
 
 6 Wlien signed under powei, 147 
 
 7 When to be filed 148 
 
 8 Certificate of faihu-e to tile, 149 
 
 9 Penalty fur acting,' without, tiling,'-, 150 
 
 10 Knuorsement of filing-, 151 
 
 I I ^'olice (if failure to file, 152 
 
 12 Penally for not endorsing.', filed 153 
 
 13 Obligation of, 154 
 
 3893 
 3893 
 
 3852 
 
1088 
 
 riSDEX. 
 
 i:;:. 
 
 l.!G 
 l.TS 
 
 Mfi 
 
 : 11 
 
 J4 Gi\in;i 6f. to be'certili'i . l 'i 
 
 15 Of (ieiHiti<-s,.; , 
 
 ]0 Prineip.ll or deputic? may be BueW : 
 
 17 Nut (lij't'liaiged till jienaltv exlioiistod. J 51' 
 JH Moiisiiie ofd.iiiiMjrc"^. in hiu.If oq,.._. ^ 1C2 
 
 irt BontJs of future ollicorH. ''l6:! 
 
 2U Siiretiej" on. liow relieved 1G4 
 
 2l Of iSheriils .irid depiities — linw KiiPd, . 5107 
 As fo1).oiid.< ol'ilje dlfferejit Dflfirer.'*, 4a^ U^Icb 
 Orih'vnrli-.t : ,'<hrriff'.~. ((r. 
 
 OriUAM. Cavils. 
 
 1 Additii>ii;d oalljs of oftie/!rs, . 
 
 2 Form of, to jro w ilh drtitnnu' 
 .'! \\\io luny .■uliuiiiistci' 
 
 4 Wliere filed ]:i 
 
 5 Endorseiiieut nf /ijiiifj. . 
 
 Of depiUics 
 
 7 Ppiinlly lor fading' t<j laJie. , . 
 .s Of future uflicers, 
 
 Oil,. 
 
 Sep / iKjifrlioii iiH'/ JiiMprcUh-s. 
 Oi'PUOiiUiors 'WoiiDs. 
 
 1 l)(.'l;nilioii anil piinisliiiifni. 
 
 2 When a juslilii^alioii. . . 
 Oral Kmiie.vcj:. 
 
 See I'A'idt iir, , Wiliif.s.'iis. 
 ORDINAfcCIC. 
 
 1 Of Seecs.'-ion from U. IS , 
 OauiN'AUiKs. 
 
 1 Kloelioii and term. n.i, \'im 
 
 2 Oath 01 
 
 ;; Tluir Imnil 297 
 
 4 Vac aneie« — liow IDIed 20S, 2^0, 4980 
 
 r> Must finish l« ^i"..'-- "r|»n«d*'«s!*or,., 
 <} Sliall not trv lliey or tlioir 
 
 kni-iiiu'i! arc 
 
 7 Proeeeiiini.rs if ilwy in- (iiscpialitled, . . 
 
 5 Klipiliility and diRaliilitie« 302 
 
 J» Their tnm.« alwCr-. wh(»n oK^»d :tOS 
 
 !0 Clerk of Inferior eoiirt lakes adminin- 
 
 t ration— when 304 
 
 11 Oflice nf— where and ho«- kept,. 305, 4012 
 
 I'i Grant admuistration — when 308 
 
 13 Mnst report inirepresented estates,. . 310 
 l^InellKilile for failure to awonnt, as 
 
 tru.«tees 311 
 
 15 Cannot ]>racliee law in their courts .. 312 
 
 IG Are cj- i>Jfin,> . .313, 4989 
 
 11 May appoint <."lerk Uia 
 
 18 Powers of elerk :il4 
 
 lit Bond of eUrk... 3]6 
 
 •JO Duly ol clerk enumerated 316 
 
 ■J I Are al.eo !<cho<M eonitnissioner.s, 317 
 
 22 And member? of ednoational board, . . 317 
 
 23 And Treasurer.* of pchool fund. 317 
 
 24 Oath and bond as encJi. 318 
 
 25 Their duties as such. 319 
 
 26 Shall bind out poor orphans 725 to 728 
 
 27 Duty as 1*1 the blind 1172, 1173 
 
 2S Fees of. . . 361 8 
 
 29 May attest deeds . 2G6S 
 
 See Courts vf Ordiuarif. 
 
 Ordinary. Cocbts or. 
 See Ckniriy of Ordmary. 
 
 I!t89 
 296 
 
 .100 
 
 199 
 301 
 
 onruAN-, (Pdow)* • ^ - - . ^. ,'.■• ft 
 
 1 To be bound out 7'j.'», m 72** 
 
 See Q»thti/ Pony. 
 
 OvKKSEEUS. 
 
 1 Their riglits and powcrb, 1219;! 
 
 '1 General .igents— whi-n jl'"? 
 
 ■\ Employment may be by parol, iS:c. lilU". 
 4 Suits for breacli of contraoi, '1\\H< 
 
 (IVKRSEEBS or TlOAI).<. 
 
 See RQa(h. Hi. 18, 2U. .'5;i. .!». ;!.'). 3(5, 37, 51. 
 
 <>VE». 
 
 1 Of lost pnppr cued <,ii. ,S.c r.SOl 
 
 1 Manner d fakii-p. i.-,3i 
 
 2 Penalty nnd proceeduigM tor illegal 
 tikinp" 1-,.M. i.v-,2, LVjO 
 
 :• Planted l.^dn proiected \bb'^ 
 
 4 Rights (.1 litnU ownerH ir»5J 
 
 I'akk.nt.s. 
 
 1 Uound!oi«uppori ibeirp»up.-r child- 
 
 ''en. . 710 
 
 Parent and Cmiii 
 
 1 Legit imiitf i bildr< u. 1730 
 
 li Legilinjation by MHrriagx 1737 
 
 8 Legitimarion by the court* 173S 
 
 4 ProceedingA to adipt children,. . 173"j 
 
 5 And to change name of child 17.39 
 
 (> ObjerlionH by reUiioiu 174(i 
 
 i Adopiion of %dul«- 1741 
 
 H .And changing aame of adult, 1741 
 
 9 Age of majority '1\ Ji-ar*. 1742 
 
 10 Duly of parenia 1743 
 
 n Parental power- how loat, 1744 
 
 Vl Rii;hN of the moibi-r. I74f. 
 
 n Cruelty of parenta. Ac . 1746 
 
 14 Mutual pruieciion of, . 1747 
 
 15 Musi support each other- u hen, 71t. 
 See luui,if,U : Chil^rm. 
 
 Pah>on>, 
 
 1 Dy the L«>gi«Uture. . . . . 494.5 
 
 'J Hy the Governor "j7,47I3. 4!»<K» 
 
 Parti AL 1 ailirb ok conmiurbation. 
 
 1 May l.e plea<l.d, 2712 .'5402 
 
 Parti Ks. 
 
 1 To . ontrM. u- 2691 to 270t 
 
 'J To Hetiuno made on motion. ... 3364 
 
 3 How made, on death of defcDdenl. 3355 
 
 4 On death of exocut^ir, or revoca- 
 tion of bh letters 3359 
 
 r> H(j\v made in clai/n au-vr 3357 
 
 •1 Ke])res('ntativesnittyupp<-al--wbun, 3858 
 7 Siuh appeal revive* suit. ......... 3.S59 
 
 H Where the parni^hee die*. 33GU 
 
 \t Admm'istrailoT tie bon it mm toMj be 
 made party 3361 
 
 10 Scire /acia.s — eon ten L-- 3362 
 
 11 Huw issued and s^erv.-ii, 3363 
 
 12 On several in different countie*,. . . 3364 
 
 13 "Where defendant is non-resident, 33G6 
 
 14 How made on mrrriage of/emr sole, 3366 
 
 16 Where both parties die 3367 
 
 1« On death of usee, 3.368 
 
 17 On death of trustee 3369 
 
 IH In trial* of citizenship 3941 
 
INlJiEX 
 
 lO^'O 
 
 ■ M- 341 •■ 
 
 .. leinslf* tiifirri 
 judtjment 
 
 >btaw>«'!i.. ; . . 
 , wlunri made 
 
 I J» How ni!i : 
 '20 To ynjna! a'ti" 
 21 To •ctV'Ti'^ <^n 
 *J2 To :ioti< 
 23 Name.- • 
 
 2J- "ExPClltin;. 
 
 (11- die." aftf-r 
 PakTitiox. 
 
 2 Applic!itii>n 
 
 3 Notice ;o ]>;irti!:'. — how civon. . 
 
 4 Apiioiiitnu-nt of ]>nrlitioi;er? 
 
 "Writ nf purtStiOJi — I'.inv oxecuted, 
 ♦i Defence, and trial tit'i-?iif», 
 
 7 Jiuli^hu-nt 
 
 8 Linid may he s"ld— wh^'n. . 
 
 9 Pmreeds, how dispus^sxi i»f^ .^ ^. . . 
 
 10 Titl'- ti, j.urfha'..r 
 
 n PowiTfif thccourtovt^rthepobject.. 
 
 12 R'liKxiyof jiarty abhfnt'>rdisBbl<>(L 
 
 13 Pariilion of pfrsonitlty 
 
 14 lu ofjuity, 
 
 15 Decree pa.-s-ies title. 
 
 16 Moulding; the decref 
 
 Pabtkkks am> Partxkksiup- 
 
 1 Partnorsliip — how createi. 
 
 2 Extent of partnersliip, 
 
 o Open and dormant purinor; 
 
 4 "Wliat eon9titiitei» a partnorsliip, 
 
 5 Time of its commeucement 
 
 (J How long it continues 
 
 7 Duration and dissolution. 
 
 8 How dis,';olved 
 
 9 Notice of dissolution 
 
 10 Kflect of di.'ssolution... 
 
 I I False partner — forfeiture. 
 
 12 Partnership must be denied on oath,. 
 
 13 Suits by and against j)artners, 
 
 14 Execution of bonds by partners... . . . 
 
 15 Interest of eacU partner. ......> 
 
 16 Contribution when one i.« insolrent,. . 
 
 17 Good faith of partner.* 
 
 ] 8 Power of each 
 
 10 Introduction of new partner 
 
 20 Powers of majority 
 
 21 Rights and liabilit.v of sunritor, 
 
 22 Secret stipulations 
 
 23 All bound, by act of each — whou 
 
 24 Dut,y of agents 
 
 25 Matters outside of pai^tnersliip,. . , . , . 
 
 26 Loans of money to one partner, 
 
 27 Buying from one partner 
 
 28 Guararj:y and endorsements 
 
 20 LiaViility for fraud of partner, 
 
 SO Eor torts ot partner, and servants,.. . 
 
 31 Power of partners after dissolu- 
 tion. 1!)I», 
 
 32 Assets- — liow disposed of, &c 
 
 38 Garnishment on partner's interest, . . . 
 
 34 Limited partnerships, 
 
 35 For what purposes formed 
 
 36 How constituted, 
 
 37 Business - by whom transacted, 
 
 38 Specifications of certificate, 
 
 39 Certificates — how acknowledged 
 
 ■ 'M)] 
 :iii02 
 :;.M)3 
 
 30!. tr, 
 
 3U07 
 3008 
 
 311.') 
 
 3110 
 3117 
 
 IHS'J 
 1890 
 1891 
 18!>2 
 1 893 
 
 1 8;*4 
 
 1895 
 1 89<; 
 1897 
 1898 
 18 9: 1 
 1900 
 1901 
 1902 
 1903 
 1904 
 1905 
 190G 
 1907 
 190S 
 190:,t 
 1910 
 1911 
 1912 
 1913 
 1914 
 191.0 
 1916 
 1917 
 1918 
 
 2873 
 1920 
 1921 
 1922 
 1922 
 1923 
 1924 
 1925 
 1926 
 
 1927 
 !: A:^id.,,;;- o;'uv:'.'jr;v[ Ip-tiiX^'i-" 192S 
 
 42 Inio'-mai riartner.ships 1 :i20 
 
 43 Pn'- • - • II- l!t;(0 
 
 44 Pro , \%U 
 
 4b Ren ■. . .... . ;.i ;., . !9;{2 
 
 4fi Alter.jtioii. a ilis'»ohitimi. . 19;J3 
 
 47 Fini: uaai(> 1 934 
 
 ■•48 Suits- i.oW'' broiigiit.'. '.......'. 19.i5 
 
 49 Capita; i^tock not to be witlulrawu,. .. 1936 
 
 50 Partner shall refund interest or prolit.'*, 19)^7 
 
 51 Priviiegef &(r., of special i»arHierH, . . 1938 
 
 52 Lial'uiry o! gii»©r^,piirtners, 1939 
 
 53 Fracii of partners— penalty, 19-10 
 
 54 Fra!;ili;ient assignments, void,. i:»-li. 1942 
 
 55 Franl makes special partner, gei.ei.il, 1943 
 5f; SiJeciai pfctner postpoBe<l"— »when 1944 
 
 57 Dirtsol'ition — how etfecte^l 1945 
 
 58 Judgment* for or against firms 3495 
 
 59 Omission of partner's irinios, in plcail- 
 
 ing amendable, :!414 
 
 Patrik Law*. ■ • • 
 
 1 Comrnis.sion"rH of patrol 1354 
 
 2 Their oath i:!55 
 
 '■' Patrol comp.inie^ I :?5G 
 
 4 Caj)t,ams of patrol, l.'!57 
 
 5 Notii^-e to moinbor.s, 1 357 
 
 G Penalty against delinquents, 1358 
 
 7 Defs,^lt«rs — how dealt witli, 1359 
 
 8 Penalty for opposing patrols, 13G0 
 
 9 Who nubjeot to patrol duty, 1 301 
 
 10 PatruLs shall keen ann.s, Ac, 13G2 
 
 1 1 Duty of patrols, 1 :!G3 
 
 1 2 Requi.'iites of .slavo',s permit, 1 3G4 
 
 13 Power of patrote. -..*.! .' .' .'. ..•....:.. 1 3C5 
 
 14 Penalty for refusing senroh, 1 365 
 
 15 Patrols niay sie/.*^ weapon.% 13G6 
 
 1 When ma.stor may arm .slave, 1 367 
 
 17 Laws apply to free negroes 1368 
 
 IS Oflioer-s — pafrof jjoWetH, .'....'.. ':.\ . 1 3<1 
 19 Volimteers exempt from patrol duty,. 991 
 
 Pa;:i>4:r.j. 
 
 See Counbj I 'nor. 
 Pay.me.vt. 
 
 1 What is a good i)ayijf^})t, ........ 2805 
 
 2 To a nak.'d triistee, 2800 
 
 3 By Po.->t 2807 
 
 4 In bank bilb, checks, and notes. .. 2808 
 
 5 By stakeholder, 2809 
 
 A|>propriation of jmyinents 2810 
 
 7 Payment on note equivalent to new 
 
 promise 2870 
 
 Peace Wakrants. 
 
 1 When i.ssued, 4030 
 
 2 Bond t6 keep the peace, 4(530 
 
 3 Breach of the bond 4681 
 
 4 Provoked breach 4032 
 
 5 Bund— how extejuled . 46^3 
 
 G Wife may require bond from her 
 
 husband 4634 
 
 Peddlers. 
 1 License to peddle — how obtained,. 1504 
 2Porfeiture for pe^ldling without, . . 505 
 
 3 License fee, 501 
 
 4 Any tax payor may demand license, 500 
 
1040 
 
 IND^X. 
 
 6 Forf) iture for not i-howiniK; it, ... . r>0('> 
 
 6 ForfeitiirfH— how recoTnred. A07, 609, 510 
 
 7 F<>rf«'iiiir<'«tl(i notinU'.rf«^r<' with |k.'- 
 
 nftl law , Oil 
 
 H Exc«'(i(4'i| asticlew, I/WW"> 
 
 1i N<in-t»-iilont« nolto»flll V MimplH, 16<kl 
 
 10 Oath iiii'i ( liaractcr of, ..'. IM7 i 
 
 1 1 Lic»';i'-o fur .u»rli v.'huh- 1668 
 
 12 lAtiuy*: to ituli^pnt Jll"rt^n^ 16tf^< 
 
 I'd '1'.) foK i^rnTtj, l'»7<' 
 
 1-1 Mui'<l«>(i ot prtKjf oil l<>r»'nrot'r I.^TI 
 
 • 30 Ille-al iriul*' with i-liiV'^— (.<'nHltv. 44'.^H 
 Pxiiix.iwii wirttftuT LioKNM 
 
 1 runiphnKMjt (or ' 
 
 Penal Lawb, 
 
 1 Crime or UiiBdfintniU.r <i«lla«Kl,., 4188 
 
 2 Inlenlirn — how nutoi:*' iiI«q, 418^'' 
 
 ii Wlu; HI*' ({••eiii.«'l .jf ►ouo'! iniod,. .. 41iO 
 4 Inrnutij iinJ«r (en jenr- o'. age . . . 41'" 
 fi l.iiniiiic^ — wh«'n CHpAtil« of crioif,. 41 
 
 (> I'ii>'(h Hlmll not \m^ codvicied, 41 
 
 7 ^V'lio |>iini<>hahl« iu their «^t*4,. ... 41 
 
 8 IriHaniiy — how irifd 41 
 
 D M.trrivd womeo under bii«t>«iid'« 
 
 ooerciuu — who piinitliahle 41' 
 
 10 IJi iinkenne»i» — whcu i<ii eiiune, . . . 4 1*.'. 
 
 1 1 l'< r-'Xi I'aiiMiig il ptiDii>h«l>ie, 4r.<7 
 
 12 Ml -.(■11 time or »« »i l«»tit 41'"^ 
 
 J3 r«-r>- jiiM • iier(;iii|{ or iulncin); alMvee 
 
 to tiiKM', [lUoiabttbU, . .4i'.*'J, 4if«'<i * 
 14 IVtmjiik under fear, excnaable,. . 
 
 l.> I'Vl.nv <1« fined. 
 
 h\ l»ritlc^pl.•^, Lc, 42U4 u. 421' 
 
 17 t'liiue-* ugiinal 8U(e 4211 
 
 18 ('rill eo agitiuBt (he peitioii, 4210 i' 
 lOJuMitinhlc iiotuicide. . . .422'. ■•2- 
 '/() Kent tiiu?<l t*e iY4»oiii4(>)r 10 excii ' 
 
 21 Killuig ill defeocc ot habi(«(ioo, 
 
 22 i*»t'li dcfent *• defined 
 
 '.SS (lilur Ui'iiucidt'*! (in r^tmc looting 
 24("iiuf[* f»(ii«ini>t h;.t>iiaiM>ii. 4 'T 
 li5 (.'li'i.'CJ' ri'imive to | r<'p«-tty. 
 20 I ovj^eiy and counterlVitiu;;, 
 
 27 Unlaw lid cm retry 
 
 28 0!)tiJCf»a^Hin»: public Juatici- 
 
 2'J .Ai^ir.u^t j.nhIio |ie:«C«", &c 4..:iJ 4414 . 
 
 ;;<) A.;uin>.i I ulilic moralio. Sic 441.'>in4Jr»4 1 
 HI Otf. I c. - l.v t>wnuiler* ^ <' ' 
 
 .S2 VI ,1.,, u- l.il^c hlcl, ic 
 
 ii;< ( ^t^Vu^•^•^ ttlilive to "liiXfii., •i^'^, 
 
 o4 Off. r.cei* hy l<>»n.c Oiru-er!«. 4322 : 
 
 3'j l'io>iiMniin(.in HgaioM itietu, 
 
 86 FiJiudu^eDl levic?, 
 
 37 Uiilro tJs — puni»huitut lur iniuri... 
 
 S8 Tfle^rapL* — iujurica to. 
 SOOM^iuiiig goods ou faU« «: 
 
 40 Unluwlul if^ue of currency. 
 
 41 Ci lu'iiy in Jailors, 
 
 42 D tiution of iffice h<>ok». v*Cc 
 48 (.iaining with Pot^t i.Sc«' clerk ^, . 
 44 ln<iiclinent, when tfuthcienl.: . . . 
 
 40 F. rin of. 40 1 u 
 
 4tj Kxcepiiuun — wben to be taken, . . . .4017 
 
 1 ■« _ , 
 4:.i' 
 
 47 C>8t on malicious prosecution,. . . . 4618 
 
 48 Costs — bow paid where party i-s ac- • 
 quitted or insolveni, 4.'>1'1 
 
 ■!'» Arraignments, 4'>21 4.').4 
 
 00 Plea, guilty or not puiliy. 4r»J4 
 
 M Plea of guilty may he withdrawn,. 4«'iJ4 
 02 Standing muie, ispha of n..t ^juilty 102'. 
 
 O.S Demur rerx and i<pe4 iai plea- 402t) 
 
 04 Issue recorded at any linie 4027 
 
 00 \rrai^nrueni and plea to he oniered 
 
 on indictment 4528 
 
 •V. Prinoner not to I e tattered 452'.' 
 
 " '"h, !' -n graver •iiren<f> 4080 
 
 • net*, ... 4031 
 
 >( luw and la« I, 4082 
 
 <MV. 4.'i3<; 
 
 *•> li> :riable at first ieru<,.. 4biV.'> 
 
 (•2 Critniuiil docket -how callvd, ... 4092 
 
 A.! flrate hi riuioci-s first, 4'i't2 
 
 ■><-.!'.■■- 1 . . : 
 
 ' - by Slate, 1 J 
 
 ' !.r trial lO-jJ 
 
 • — whi n Nilowed 40R5 
 
 ill.:: I.o in pUCi. ■ . , 
 
 71 K. iiompaid, 
 
 ■-1- . -i. 
 
 <'ta — wbwi s«'»l, . 4648 
 
 1011 
 
 \ui 
 
 .LM.|!!-I|fi.. 
 
 uodtr oo cxuiiaf 
 
 1117 
 4648 
 
 4000 
 
 I.unatie khull not >m> in 
 
 r i' loiM . 
 I>eieni wi 
 
 jii ii-ifO'it-r. 
 
 'iver<i«d. 
 
 1 '_' I i ij 
 102 No 
 
 iC' d to penitentiary 
 
 t ranee on trial '<'.'< 
 
 . • i..:cot of continuaoee by one, . . 1074 
 100 Opprobrious words justify— wiitn. 467C 
 
INDEX 
 
 1041 
 
 106 0»lb otf inqaeei of iD<^»nity 
 
 107 Record of evidence in certain ca.--es, 
 
 108 Form of centence to Per.eteitiary 
 
 109 Collection of copt« 
 
 110 Discharge of insolvt-nts, 
 
 411 Bail allowed but twioe, 
 
 11- Forfcifiir«» of recoL'uizance, 
 
 118 Judgment agiinst buil 
 
 1 14 Surrernler <u principal 
 
 ] 15 Dificretionary penalties how Hniited 
 IIG Settiement of minor off«Bee«, 
 
 117 Of oilier caf-es, 
 
 118 Demantling excessive oo»tP, 
 
 11 'I Two Te'urriH of 'no oill," si bH", . . 
 
 120 Insolvent co-ts — how paid, &c 
 
 121 Contempts ot court 
 
 122 Attempts to commit crimes, 
 
 123 Bind to ]ir(iir'cute 
 
 Pexal Code for Si.avf.s axp Fi:k« 
 
 soxs OF Color. 
 
 1 Df-finition? 
 
 2 Exception* for want of capucity,. 
 
 8 IdioU and in.-ane persons, 
 
 4 Principals and acccssorie?, 
 
 u CoorciuD 
 
 (J Conft.'ssions 
 
 7 RuUs of^evidence — witnesses,. . . . 
 
 8 Maetrr. competent witness, 
 
 9 Who controls defence, 
 
 10 Counsel lor slaves — how employed, 
 
 11 Proceedings in capital cases, 
 
 12 No second trial or punishment, . . 
 
 13 Capital ofl'ences 
 
 14 Insurrection defined, 
 
 15 Attempt to excite insurrection,. . . 
 
 16 Administerini; poison, 
 
 17 Offences which may be capital,.. . . 
 
 18 Minor offc noes — how punished,. . . 
 
 19 Manslaughter 
 
 20 Provocation to slave, 
 
 21 Self defence , '. 
 
 22 Pardoning power, 
 
 23 Minor offences specified, 
 
 24 Offences no* named in code, 
 
 25 Offences by free negroes, 
 
 26 Immigration of free negroes, 
 
 27 Discretionary punishment, 
 
 28 Capital offences — trial of, 
 
 29 Duty of investigating court, 
 
 30 Proceedings, 
 
 31 Attendance of witnesses, 
 
 32 Bond may be required of master,. . 
 
 33 Minor otlences— how tried, 
 
 34 Execution of sentence, 
 
 35 Jailor's duty, 
 
 36 Certiorari, 
 
 37 Discretion of Judge thereon, 
 
 38 Bail after commitment, 
 
 39 Pending Ckriiorar, 
 
 Penalties. 
 
 1 In bonds not liquidated, damages,. 
 
 2 Compounding — punishment, 
 
 Pendency of Formkr Suit. 
 
 1 Plea of— when good, 2835, 
 
 2 Plaintiff shall elect— when, 
 
 65 
 
 4677 
 
 4578 
 4579 
 4581 
 4,582 
 4583 
 4.584 i 
 4585 j 
 4.580 I 
 
 4587 i 
 
 4588 ! 
 
 4589 ! 
 4.590 I 
 
 4591 ! 
 
 4592 I 
 
 4593 j 
 
 4594 I 
 -IWtO 
 Pek- j 
 
 4G92 ! 
 
 4C93 I 
 
 4fi94 i 
 
 4G95 
 
 4696 
 
 4C97 
 
 4G98 
 
 4IV..9 
 
 47(K) 
 
 4701 
 
 4702 
 
 4703 
 
 4704 
 
 4705 
 
 4706 
 
 4707 
 
 4708 
 
 4709 
 
 4710 
 
 4711 
 
 4712 i 
 
 4713 1 
 
 4714 i 
 
 4715 • 
 ^716 I 
 
 4717 I 
 
 4718 j 
 4719 
 4720 I 
 4721 
 4722 
 4723 i 
 4724 
 4726 
 4726 
 4727 
 4728 
 4729 
 4730 
 
 2882 
 4886 
 
 3407 
 2835 
 
 3 Attachments excepted, 2886 
 
 4 First suit by informer profvmd, . 2837 
 
 PKNITENTfARY. 
 
 1 K"fusal to receive prisoner in .... 4381 
 
 2 Appointment and removxl of < fli- 
 ccrs. 4644, 4645 
 
 3 Their salaries 4646 
 
 4 (.'lot lies of convicts 4047 
 
 5 De.scription of convicts, 4G48 
 
 G ^Viarching convict- 4i«49 
 
 7 !l -ading law? to convicts 46-50 
 
 8 Clothing furnished, •.. 4651 
 
 9 Clothing wiicn discharged, 4652 
 
 10 Labor — sunervisii ;i, 4G53 
 
 1 1 Hours of i-ih.ir . . 46-54 
 
 12 Garden . . 46-56 
 
 13 Cleanliness, 4G-56 
 
 14 Hospital 4G57 
 
 15 Puni>hment by officers, 4058 
 
 10 Letters to smd from convicts, 4G6^ 
 
 17 Visitors, 4G60 
 
 ] 8 Lights, , . . 4662 
 
 19 Cells, 46G-3 
 
 20 Spirituou.s liquors, 4061 
 
 21 Duty of in-pector, 4664 
 
 22 C. S. convicts 4666 
 
 23 Bosses, 4666 
 
 24 Principal keepers duty, 40G7 
 
 25 Morals of convicts, .*.... 4G68 
 
 26 By-lawB, 4669 
 
 27 Accounts with the State 4670 
 
 28 Transportation of convict?, 4671 
 
 29 General supervision, 4672 
 
 -30 Co'nfincment on Sabbath, 4673 
 
 31 Book-keepers duty 4674 
 
 32 Drafts — payment of salaries, 4675 
 
 33 Contingent expenses, 4676 
 
 34 Suita for dues to, 4^]~^ 
 
 35 Assistant keeper, and overseers,. . 4678 
 
 36 Bonds of officers, 4679 
 
 37 Oaths of olficers 4680 
 
 38 Reduction of prices, 4681 
 
 39 Delivery to successor, 4682 
 
 40 Exemption of oflBcers, 4683 
 
 41 Saleor loan of mati rials forbidden, 4684 
 
 42 Annual appraiscmcjnt of stock,.. . 4085 
 
 43 Record of transaciions, 4G86 
 
 44 Physician's duty, 4687 
 
 45 Chaplain's duty, 4G88 
 
 4G Bible and hymn book for convicts, 4G89 
 
 47 Expense of trials for escape, 4090 
 
 48 Investigation by legislative com.,. 4691 
 
 49 Trial for escapes, . . ; 4545 
 
 50 Convicts competent witnesses, 4663 
 
 Perform.vnce. 
 
 1 Of contracts, 2811 to 2814 
 
 Perjury. 
 
 1 Defined — punishment, 4355, 4356 
 
 2 Subornation of — pimishment, . . 4359, 4360 
 
 3 Verdicts obtained by, set aside,. . . . 4362 
 
 4 Causing death — how punished, 4363 
 
 5 Conviction disqualifies, &o., 4361 
 
 6 By bank officers — evidence, 1420 
 
 Perpetuating TESTiiiONY. 
 
 1 Application and order for, ^816 
 
1042 
 
 INDEX. 
 
 2 Depopitiona filoJ imd kept, 3817 
 
 3 Record of applicuition and order, .... 3818 
 
 4 EfTwL of U'slimon}-, 38 1 r> 
 
 5 Fees of comniiseioiicr and clerk, .... .?82fi 
 () Wheu rjniie in r^quity, 30 1 1 
 
 7 Posst'Hsion o^ properly immal'^riul, . . 'Mil 
 
 8 'U'lH.'n i!ii; c-vi'leuce may Ix) iinoU, 30 1:; 
 
 Oompliiriaut pays co^ts, 301 1 
 
 Vuv.fios. 
 
 1 JVotvction to, duty of frovem.ii<n!t, . . 4"<K) 
 
 2 Action lor injuries to Ih'j p'.'r«>;v,. ... iUiU 
 
 3 U'lifit i« a tort on Um pcrvi u. C':'i 1 
 
 4 If the tort bo u felony, 4c,. • IJ 
 
 1 Niituriil or a:-titici;il, 
 
 2 Divisions of imiurMl )x>rfan> 
 
 Soo Alk'iiJi ; CHizcita : GorporaJ^i. ^ j r- r, 
 PcrM'Tt.-, f'/ Qilor ; Slnuci. 
 Peiuson.m/iv. 
 
 1 \Vh;i: ;!, i;icl'id"H JIG 
 
 2 St<-H-|;» .itf pTWIl.i.' , rJl'J 
 A So «rii njjiwfl, ... ...'.':' J 7 
 
 4 In pu.'v'^fNsion. . . . . 'liii 
 
 f) In «cii'jn — . . Ti l'» 
 
 6 Proporlv in •••j'lj 
 
 •? i' ..L....; -iv^i 
 
 8 ' .■>tho.-, . . I'iii 
 
 9 li.^ ..., , •'_• • 
 
 10 Cll-'^.r. m ;i ■ 
 
 11 li..:..- .. i : ■ 
 
 ii: 1 -aoi; 
 
 13 .M. " 
 
 14 Truvci 
 
 If) TreKpa»<>». . . 
 
 l(i Ri;;!a of M' ,,1 Ijail.uontK,. ZJiAX 
 
 17 liiv'I'.tH! of r 297(< 
 
 18 Injuries to -, . , , - 2971, 
 
 1 J .^l:iu IvT i«r m.i-iK-r's title, 2U73 
 
 20 lujurK's I.. . .V. ;iij,ioj>>e.H, 597i 
 
 21 (Jorriii 29T4 
 
 22 Inciiin .r.in^ 2S»7& 
 
 23 1 larlxiruij; i ^ 29 1 d 
 
 24 In 811MS lor, , pmdmte liua 
 mwy Ix' inclaii-a by .ijiaeudment, .... 61 IG 
 
 TER-SOX ATI S<; .A \OTH KU 
 
 I '"^i . . 4?,4;» 
 
 •* 2 r- . . 4-,;:. 
 
 3 ()l->.l.n..i; ;.;►...- i ..-1102 
 
 4 .\8 a \vitiu>s.-< . ; lOl 
 
 rtTiriOx- \\:. l'KOCl.»>. 
 
 1 ''' locd t'V p<tilion, 32 15 
 
 2 K .; of lilin- 3218 
 
 ^ 3 Aiitioxaiioii of pit' . 32l7 
 
 V 4 I'roows ni!!V tx* \v "''JO 
 
 ." 5 w , ■ ■ :,s 
 
 1 I' "ir;... j-.l 
 
 , ^ ^' • court,. 3252 
 
 9 '• ■ - Z'l\i 
 
 10 Service o<' SI \ . i>uialcs, :t.'J4 
 
 11 Return of p - , 32i6 
 
 12 When there is no cierk or Rliorifi;. . . .<2.')5 
 
 13 Teohuio:^! ik-^ert* iisn^^iirdi**!, 325S 
 
 !•* ^^ IS iwriy, 3257 
 
 15 •''i - u>d, 3269 
 
 IG Somco of procees on corporations,. . 
 
 1 7 IJy publication, 
 
 1 8 Notiee t^ HtookholderH, 
 
 19 President ehull pive tlw names, .... . 
 
 20 Air.cniinwntol ]x»tition, 3410 to 
 
 21 Ain(»tid;uent of prociM.n 200 
 
 23 Anjond.ncTit. of ofTi.ii! cntnorv,. ?A1(\, 
 
 I'lTVaii'IAKS A!.; 
 
 33S1 
 3383 
 3283 
 3285 
 341 S 
 3420 
 3427 
 
 1* 1 
 
 i'j I'- 
 ll l: 
 12 I 
 
 I.: 1 
 It I 
 
 u I 
 i<; \ 
 17 : 
 
 IS \' 
 19 ^ 
 
 Jt J 
 
 4 i 
 
 G I 
 
 ■ 6 I. 
 
 7 1 
 
 8 1 
 
 9 i: 
 
 10 ]■ 
 
 11 .V 
 
 12 1 
 l.i i 
 14 : 
 
 15 
 
 !•> i 
 
 17 . 
 
 18 1 
 1ft I 
 
 20 I 
 
 21 1 
 
 24 
 2.S 
 2G 
 27 
 '16 
 29 
 30 
 31 
 32 
 33 
 
 i.tn 
 
 1343 
 1343 
 134! 
 134.'' 
 
 i::ir. 
 
 liCirOM^. 
 
 ■ ■ • 
 
 lis, 
 
 •f pOMOIlt, 
 
 S 4510. 
 
 i.t.U 
 i351 
 13&3 
 1353 
 2016 
 4613 
 4613 
 4614 
 4615 
 
 iiotjig**. 
 
 ; '..'.3 
 
 i4&4 
 
 o«thofpIk>U, 1456 
 
 14M 
 
 1467, 1469 
 
 n.'.H 
 
 UG3 
 I4Gt 
 1404 
 1466 
 1466 
 
 14CS 
 
 i H' I»arture,. 
 
 ■ 14 . 
 
 '8 foe*. ..141 
 ■• I t ■ 
 
 '••' -•■». 
 
 l*p(£naef, . . 
 
 **•..-••:.;'., a fee*, 1 46 J 
 
 .Vppeaia. \^^x 
 
 '''"'■■" - • - • • ' 1482 
 
 I- 
 
 ttiree,.. 148.J 
 
 '■ " " - , .... :.^..vn\ 1484 
 
 Hr,:iich piloiK \Axh 
 
 LHb<.hargTng ballast in harbor, USCto 1489 
 
tNDEX. 
 
 1043 
 
 34 Pilot'H duty relative thereto, 1**8 
 
 35 Sni\3 for fr;rfeiture?i 1490 
 
 36 Present ap])ointmenta stand, 1401 
 
 Pitch. 
 
 Sec InsrperJitm and Iii-ipectois. 
 
 Plaxk Roads. * 
 
 1 La\v3 rcgnbtinR ^'''J 
 
 2 Shall not appropriate bridges, &<i C'Jl 
 
 Pleadings. 
 
 1 Form of, to recover real estate, 3301 
 
 2 To recover i>ersonart3', 3302 ' 
 
 To recover money c>u notes, Ac 3303 
 
 4 Fonn of action on an account, J53C4 
 
 5 On a jmij^nent, 3305 
 
 G For bn-aeh of warranty, ••■•O'j 
 
 7 In ivctions for words, 3307 
 
 8 Applies to all suiu for slander, 330S 
 
 9 Inuendoes, • ;'•*'•'•' 
 
 10 Forms apply to executors, ic, •"-'•'■0 
 
 J 1 Abstract of title, in suit for land, :: > 1 1 
 
 12 Six-cial plcviiiiri;^ prohibited, 32.";'J 
 
 13 Petition and answer make issue,. . . . 3:i84 
 
 14 Patent defect-'*, -" • 3.^S8 
 
 15 Arabic numerals nay be used in, . . . 3184 
 
 16 Amendment of, 3410 to 3419 
 
 &ee F/i>uiij rieaJLin.g and Practice; Pe'-'tto'^. 
 
 and l^or£se, 1 ; Phas. 
 Pleas. 
 
 1 Must be filed at first ternv 3381 
 
 2 No jwrt Fhall bo stricken, 3382 
 
 3 Of non est fackim, 3388, 3403, 
 
 4 Dilatory pleas sworn to, &<;., 3385 
 
 5 GeneriU is.sue — special pleas, 3:'.s7 
 
 G Default and its effect, 3380 
 
 1 To the j«i-u'»diction, filed in person, . . 3391 
 
 8 Conteut"* o<" the plea, 3392 
 
 9 Must be sworn to, , 3393 
 
 10 Jurisdiction — when adraitteil,. . . 3390 
 
 11 (Consent will not give juria'dictiori, . . . 3389; 
 
 1 2 Plea of set oR; 3:594 
 
 l? Of iwury — contents of pk'A, 3400 
 
 14 Kxamination of parties, 3401 
 
 15 Failure of consideration, 3402 
 
 16 Pleiis peculiar to exociitor:', &c., 3404 
 
 17 Other pleas by them, 3405 
 
 18 Of mu tkl record. 3406 
 
 19 Of Coverture, 3408 
 
 20 Of former recovery and pendency of 
 another smt, 3407 
 
 21 Sheriffcannot defend himself by show- ^ 
 iuij; irregularity in process, 3409 
 
 22 I'avment, 2805 to 2810 
 
 23 Performance, 28 1 1 to 2814 
 
 24 .vccord and satisfaction, 2819, 2323 
 
 25 Recoupment, 3850 to 2853 
 
 '>& Tender 2315 to 2818 
 
 27 Infancy 2693 to 269G 
 
 28 Drunkenness, 2699 
 
 29 JustificiUion 2933 to 2985 
 
 30 Tender of damages, . , 2983 
 
 3 1 Tender in trover, 2989 
 
 32 Sivtisfactiou, 2986, 2987 
 
 33 Pleas in equity— veriSoation, 4103 
 
 Plbdoks or Pawns. 
 
 1 Definition of, 2115 
 
 2 Rights of pawnee of notes 2116 
 
 3 Sale by pawnee, .■ 2117 
 
 4 Use of pawn — lien of pawnee, 2118 
 
 5 Proiierty ni goods pawned 2119 
 
 6 Transfer of pawn, 2120 
 
 7 S-nle of pawn imder execution, 2121 
 
 8 Liability of pawnee, 2123 
 
 f) N'ec^sKiry expenses — by wh<»n paid, 2123 
 
 10 Increase belongs to pawner, 2124 
 
 Poisonous DrlHtS. 
 
 1 Side of mas.t be registered 4.<13 
 
 2 Penalty for failure, 4W^13 
 
 3 For eeiling to negroes, . . 4510, 4514, 4515 
 Poor. 
 
 Set? Counfy Poirr. 
 Poor IIhusjs. 
 
 See Gotmtj Poor. 
 Poor Sch(X)lh. 
 
 See Connnci Sc.\oolt and FAuaittorh. 
 Possessory Wakranv. 
 
 1 By whom, and on wlvit grounds i;.«ue<l, 3933 
 
 2 How executed, 3933 
 
 3 Hearing — continuance, 3934 
 
 4 Judgment, and after pnieoedings, . . . 3935 
 
 6 Bond, where reiui nod, 393^ 
 
 G Defendant imprihom-d— when, 3931 
 
 7 (.'ertiorari and trial thereof, 3938 
 
 8 Judgment on certiorari, 3939 
 
 9 For i'ngitivo slave — issi«J, 1880 
 
 PownER. 
 
 See Gun Povdi-r. 
 PowER-s, Execution' of. 
 
 See Kcpcut^on of Povyers. 
 Powi:r op Attorvey. 
 
 See Principal and Agenit. 
 Praciice. 
 
 1 Rules of — when binding, 198 
 
 2 Same in equity as at law, 4117 
 
 3 Supremo Court may alter its rules of, 211 
 
 4 Rules of— how made, 3170, 3171 
 
 President ov tub Sexatel 
 
 1 Flection of, 17S 
 
 2 Fro Uimpore. US 
 
 3 May appoint special agent, 179 
 
 4 His per diam and mileage, 184 
 
 PUUW'RIPTIO.N'. 
 
 1 Title by, defined, 2637 
 
 2 Adverse possession. 2638 
 
 3 Actual possession — how evidenced,.. 2639 
 
 4 Constructive possession, 2640 
 
 5 Twenty yoars' possession gives title,. '2641 
 
 6 Seven year.s' possession gives title — 
 when, 2642 
 
 7 De<Jication of land, 2643 
 
 8 For slaves and otlier personalty, 2644 
 
 9 Disahletl persons not aflfected by, 2645 
 
 10 Suspended by disability, 2646 
 
 11 Possessions may be tacked,. . . 2646, 2648 
 
 12 Oiher exceptions, 2647 
 
 13 Transfer of prescriptive title, 2643 
 
 PRESENTS! E^J^. 
 
 1 Sol'r. Gen. must prosecute on 4520 
 
 Principal. 
 
 See Penal Laim, 16; Prmcipat and Agent; 
 Principal and Surety. 
 
1044 
 
 INDEX. 
 
 Principal and Acest. 
 
 1 Ho\v tlie relation arises, 21.'i7 
 
 2 Wh.it may be done bj' an Hfrent, . ... 2158 
 
 3 Who may be an aKen't 2150 j 
 
 4 Agency — liow created 2 ICO 
 
 f) Revocation of npency '^^'{^ \ 
 
 • <) Xdrenl must act witliln authority, . . . 2KV2 
 
 7 i)ili<?ciicp of a;:entp 2UJ3 
 
 8 Cannot bviy or sell for self. 21G4 
 
 y .sh:dl not make jjersonal profit, 2105 
 
 ll> Cannot dinpnte jiriucipars title, 21tit3 j 
 
 J i i k;ent of several ^I'j' 
 
 \2 '"•.mmissionp and exj>eu8eH of affcnts 2168 
 
 1 • .-.ncy for ili'^al purpose 21G9 j 
 
 1- rv.lificiition by i)rinn|>;il '■^'I® I 
 
 la Min'-,'linj; poodi^ by ap.nt 2171 | 
 
 .tj lYineiiial. lio\v)arijoun<l byaciHofafrt., 2172 
 
 17 Form ofa^rent's ads immaterial 217.T ' 
 
 18 p:xf«;nt of apcMl'H aiitliority, 2174 
 
 19 W'ljere principal in nni diM-loned,. . . . 2175 
 
 20 Where credit in nivcii to ngwnt 2176 
 
 21 rnncipal l>ound by a^-l'f rfpr<>WDtat'nH 2177 
 
 22 Notice to apent U iiotii"<? to princ«|»al, 2178 
 
 23 rrmripal bound for apnl's fraud 2179 
 
 24 Injuries by another jiKcDt, 21 fO 
 
 2ri Principal iiot liable for agl'« trocpuSB, 2181 
 
 2'' H'-nctitP of oontra-t 2182 
 
 2'i When prinoiiml may rw^ovor back,. .2183 
 
 2? Agent n comix-tent wilneca, 2184 
 
 2!* I'eclaratiotis of ajri — when evidence, 2184 
 
 :iO .r\flidavil8 and bonds by afrenU 218* 
 
 XI Money paid to np.'nt by mistake,. ... 2186 
 
 :i2 Apent may sue — when 2181 
 
 3.4 May sue for injurj- to his po»»He**ion,. 2188 
 ;u Wiio rcs|>orr!«ible for crinlit jriveti,. ... 2189 
 
 •M> Public apeutP 2190 
 
 3G Gcnenil liability of apentp, 2191 
 
 37 Contrucls beyond ujithorily 2192 
 
 38 Wife's agency to buy uwx-KsarieR. 17(i5 
 fi<-i> Agency ; Ag>n(; ^^rt>rers. 
 
 PUI.VCIJ'AL AND SCRKTY. 
 
 1 What conslitutos Burvty^hip 2126 
 
 2 Nature of the oblipation. . . 21 26 
 
 3 One of Ptrict law 2127 
 
 4 Fi>rm of ixmtract immatt-riui 2128 
 
 5 E13cct of cuiuiKiundiup or releasing,. . 2129 
 
 6 Novation — iflect of 2130 
 
 7 What act«of creditor dimliarpeeurety, 2131 
 
 S Teuder by surety — i-flocl ol, 2132 
 
 9 Notiiv to creditor to sue, 2133 
 
 10 Holding to bail by surety 2134 
 
 11 (Jbli.c .'u of surety caiiu'i WeileuUed, 2135 
 
 12 Promi.-o by surety m iguoraijce 2136 
 
 13 Process ant! judgment ajf!unplsurelje« 2137 
 
 14 Surety may attadi jirincipal 2138 
 
 15 May .^ue for money paid, 2139 
 
 16 Effect of judgment .is to sum paid.. . 2140 
 
 17 May recover usur\- paid — when,. . . . 2141 
 
 IS May fcreoloec mortgage. Ac 2142 
 
 19 Proof of suretyship before judgment.. 2143 
 •JO Proof after juilgment 2144 
 
 21 Control ofji./as. by sureties 2145 
 
 22 Wheri sued separately 2146 
 
 2.1 Payment by surety pending suit, 2147 
 
 . 24 Contribution 214S. 2151. 2152. 2153 
 
 25 Bima fide pun tiaser protected, 2150 
 
 2G jVe ex'^dt agam.-t co-surety, 2154 
 
 27 Subrogation of sureties 2155 
 
 28 As to securities for the debt 2156 
 
 PRIKTER (PUIIUC OR ?i VTF \ 
 
 Sec State I'rinter 
 Prison Boi si»«. 
 
 1 How laid off and <l.iiuge<t, 2007 
 
 2 Plan of to he peo<.r<le(l 200H 
 
 3 Benefit of — how obtained 200!> 
 
 4 Ce»e(-s after six months 2010 
 
 ^ When sherifT ia bound as surety, . . .. 2011 
 6 Jailors fee* — by whom paid 2012 
 
 PRIaOXBB. 
 
 1 Shall not stand m bar d<><k — when,.. 4521 
 
 2 Shall not l^e arratgned in fetterx, 452f> 
 
 3 Penally for not re*x«iviiig, 4380, 4281 
 
 PR|V»11- > M>,S 
 
 1 : "Od «ak, . . 
 
 2 .- • 
 
 3 To delirtud i.ridiiorp 
 
 A VolunVtnr Hj^hJji — wlicn void.. . . 
 
 5 Krai, i ^ivoid"* sale 
 
 6 Frail 
 
 7 V. ' ■ nt IS fraud. 
 X , ■ 
 
 •( : ' • 
 
 10 I 
 
 11 V 
 
 12lili. .fitle 
 
 13 No '"'in n«>rjri*. 
 
 14 PunbaH..-^ 
 
 15 Knlir*. or 
 
 10 ! • • .UKi!. 
 
 17 sing laod. ' 
 
 !.>• . ■ ' ' 
 
 1 ".' 
 
 •Jo . . . .■ '■_ 
 
 2 1 luauwpiaey of price 2603 
 
 22 Pi:n"hR?e in«nev — when d«!», f<04 
 
 •y\ ' . 2'"^■^. ir^r, 
 
 •.M -■■ "' 
 
 , •.'■. \ . . . . . iti(J(* 
 
 s rx>BKtruc>d 2609 
 
 :. . . 2610 
 
 2> sold, 2611 
 
 2;. I 2612 
 
 30 baner and exchange. 2613 
 
 Priv kty. W us 
 
 :"i ' 
 
 4 led ' 
 
 :. ' .:nd owners ■ -» 
 
 (. .ut 695 
 
 ■ >.( w ;isc<-».s«-d C96 
 
 .' cost, 697 
 .. ;it, . . . 698 
 
 10 Must be tntcrtu .u road book 699, 700 
 
 11 I.And ownTB may open way oonjomtly, 700 
 
 12 And -ion work on 701 
 
 13 Dan. r over wild land 702 
 
 14 I- " : ,^vi in seven yea ra. 703 
 
 1 ," losed after one year, * 704 
 
 iL -■ ..y^ • '«& 
 
INDEX. 
 
 1045 
 
 17 Extent of the rijfhi 
 
 18 Where but on^^ placf of landing, .... 
 
 19 Use of landing stated by applicant, . . 
 
 20 Dam«ie^"s nsflessed in reasonable time, 
 
 21 May hie converted to public roads,. . .. 
 
 PninLWED fk)M^lU.VICATIOXS. 
 
 1 What i-.ro so deemed 
 
 2 MaJicious use of, , 
 
 Process 
 
 1 Amendment of, ?00. 
 
 See Petitio7i owl Proc/i-tx. 
 Processioning. 
 
 1 Appointment of processioners, 
 
 2 What is proce.ssiouini.', 
 
 3 Surveyor's duty —plat — evidence, . . . 
 
 4 Rules in case of di.sputed lines 
 
 5 General reputation — acquiescence,. .. 
 •6 Adverse po.sse.^sion, 
 
 7 Protest and trinl in .Superior Court,. . 
 
 8 Fees — by whom paid 
 
 9 Return of proce.'sioncr.^, 
 
 10 Land cut off by pfrean 
 
 IPROHIBlTrOX. 
 
 1 Nature of writ — when it lies, 
 
 2 Does not lie against Governor, 
 
 3 May bo granted in vacation, 
 
 4 Enforced by att.'^nhment, 
 
 5 Superior Court may ^lant, 
 
 (Promissory Notks. 
 
 1 Dehnition, 
 
 2 When payable in specifies, 
 
 3 Negotiability of, 
 
 4 Protest and notice t/) endorser, 
 
 5 Rights of 'xyp^.f^A holder, 
 
 6 What is noticu of di.shonor, 2736, 
 
 7 Title — when questioned 
 
 8 When due 
 
 9 Good faith of holder presumed, 
 
 J*ROPERTY. 
 
 1 Protection to — duty of government,.. 
 
 2 Taken only by due process of law,.. . 
 
 3 Taking private property for public 
 use,' 490!^, 
 
 rpROPERTY Exempt froji Sale. 
 
 1 Specification of, 
 
 2 Schedule — priviletre of wife, 
 
 3 Land — how laid off, 
 
 4 Objections to survey — how tried,. . .. 
 
 ■ 5 Town property — proceeds of sale, . . . 
 1 6 Land sold subject to exemption, 
 
 ■ 7 Levy or sale of, a tre:*)as?, 
 
 * 8 Alienation by debtor 
 
 9 Settlement of, on debtor's wife, &c.,.. 
 IProsecxjtou. 
 
 1 Name of, endorsed on indictment, . . . 
 
 2 Liable for cost — whefi, 
 
 3 Shall not have fees a,s witness 
 
 rPROTECTION. 
 
 1 To person and properly, 
 
 iPBOTEST AND NOTIUE 
 
 1 Of bilLs and notes, 
 
 2 Sundays and holidays not counted, . . 
 
 iPUBBLIC AaEXT.S. 
 
 1 Not personally liable, 
 
 705 
 706 
 
 707 
 708 
 709 
 
 2922 
 2923 
 
 3420 
 
 2352 
 2353 
 2304 
 2355 
 2356 
 2357 
 2358 
 2359 
 2360 
 2301 
 
 3136 
 3 1 34 
 3133 
 
 4127 
 4980 
 
 2723 
 2723 
 2724 
 2731 
 2735 
 2740 
 2739 
 2741 
 2737 
 
 4890 
 48'.) 1 
 
 5054 
 
 2013 
 2014 
 2015 
 2016 
 2017 
 2018 
 2019 
 2020 
 2021 
 
 4518 
 4518 
 3771 
 
 4890 
 
 2731 
 2733 
 
 2190 
 
 PcBLic Arms. 
 
 See Arm-i. 
 
 PuiiLIC BUILDISGS. 
 
 1 Pennlty for injuring. 472 
 
 PUKLTC Deht. 
 
 1 Of what bonds it consists, 868 
 
 PUKLIC DOCIMESTS. 
 
 See Dncumentanj EvuJehre. 
 Public Inuecescy. 
 
 1 Definition — puaishment, 4420 
 
 Public Money. 
 
 I Account of to be published, 4947 
 
 Public Printek 
 
 See Stof^ PrinfT. 
 Public Property. 
 
 1 Building.H belonging to the State 885 
 
 2 Those in which State has interest, . . 886 
 
 3 Lauds owned bv State 887 
 
 4 Stw'ks owned by State, 936, 937, 938 
 
 5 Library, furniture, arms, .tc, 939 
 
 Public Revenue. 
 
 1 From taxation (See Tax) 
 
 2 From other source.-?, 865, 866, 867 
 
 Public Hoaus. 
 
 See Poofh. 
 Puxishmext. 
 
 1 Cruel and unusual 490 1 , 5057 
 
 2 ComniutiUion of, in murder cases, . . . 4220 
 Quarantine. 
 
 1 Penalty for violating 4434 
 
 See JJeaith, ffos2nM, Infection, and Quaran- 
 tine 
 Quia Timet. 
 
 1 Proceedings, for what sustained,. . . . 3153 
 
 2 Judges of Superior Court may grant,. 243 
 
 Quo Warranto. 
 
 1 In what ca.ses it Ues 3135 
 
 2 Judgo.s of Superior Court may grant,. 243 
 
 3 May issue in vacation 3133 
 
 4 Does not lie again.st Governor, 3134 
 
 Railroad Companies. 
 
 1 Shall keep crossings in order, 678 
 
 2 Extent of crossings 679 
 
 :; Siiall erect blow posts 680 
 
 4 Engineer shall blow whistle, 680 
 
 5 Neglect to do so, indictable, 681, 682 
 
 6 Ohi/M on company in case of injury,. . 6S3 
 
 7 Suits for injuries, where brought,.. . . 684 
 
 8 Notice to repair crossings, 685 
 
 9 Company failing, done at their ex- 
 pense, 686, 687 
 
 10 Disposition of money when raised, . . 688 
 
 I I Defence lo fi. fa., 689 
 
 12 Shall not appropriate highways, &c.,. 691 
 
 1 3 Punishment for intruding on track of, 4334 
 
 14 Punishment for injuring, 4335 
 
 15 Are common carriers, and so liable, . 2064 
 It) Liable to employees 2054 
 
 17 Liability of connecting railroads,. . . . 2066 
 
 18 Damage.s for right of way, 2977 
 
 19 Liable fyr injuries by cars, 2978 
 
 20 Negligence of injured party, 2979 
 
 21 Liable for acts of employee, 2980 
 
 22 Shall keep record of stock killed, 2981 
 
 23 Carrying slaves without permit, 298i 
 
1046 
 
 mDKX. 
 
 24 Tax on railroad coinpanioR, 74<5, '748 
 
 Railroai>h. 
 
 See Ra'tlroad C(nnpafiicf> ; Wi^t'-ni <{• Atlan- 
 tic Hiiilroad. 
 Rape. 
 
 1 Definifion and pnnipliiiH-i.t,.. . . •124P, A2V.) 
 
 2 Assault with iijUnt to, 42J0 
 
 Realty. 
 
 1 Ddiiiition of, 2101 
 
 '2 Fi.vtiirPK, . . . 21 9S 
 
 .'. liecomo personalty when de1ach(kJ, . . 2199 
 
 4 Tenure of realty in (ifH»rgia, ........ 2200 
 
 5 Kminciit (ioniaiii, 2201 
 
 (i When and liow o.xerrised, 2202, 220r. 
 
 7 Coinpcnsaliou to ownor, 2204 
 
 8 ro\verofior{)oration8, forpublicjrwxi, 22<if» 
 "J Ki^'ht to ninniiij: water, 2200 
 
 10 Rijinrian rij^'litu, 22'»7 
 
 11 Navitrablo Hlrennifii delinc-d, 22lih 
 
 12 Rif^htH ol'adjatvnt land owdcth 2209 
 
 13 I'owir vf owDt-r (1 iij,:i\ •;:.il>le 
 Ftrcani;^, . ..2210 
 
 14 L( weH and dilfl:cs, I'Jll 
 
 15 13ridg« and furry rifjhl^ 2212 
 
 JG PVaiichiw — when ^.vcMi.sivc, 221.i 
 
 17 Kipjht olprivatfc wayw, 12)4 
 
 18 Cli;:rf»!K on laijd, t;2l.') 
 
 19 Dt']»ohit( M and inrn»ahe ou land, .... '.221 
 
 20 Actum fur liind<mng enjoy inc'M t'lj. . TJUb 
 
 21 Riglil orpofswHion,.. "3ot> 
 
 22 Bare posM-tbitin, 2y.j7 
 
 23 Hare lit!« — rvLt ol'on liuvin);, -•Ji8 
 
 24 Di.«piil«'<l 1K1S!-.- sioM, 2969 
 
 2r) Inti-rfiToni'c witli water cour8ii«, . . . . 2960 
 
 26 Undt'i^round Klnains, 2961 
 
 27 Rights .•.Ik)\(" and U-l<>\v wirfaft-,, . . . 21'C2 
 
 28 InterforeinHJ witt* right t>t v^av, 2W63 
 
 29 .^laiidor ol' title, '. 2:>64 
 
 RkCAI'IION 
 
 1 Ul lupitivu hlari-H by lunstct : t-79 
 
 Receivi.n(j yruLK.N tiooun 
 
 1 Dt'tinitiiin nud puiiihlmienl, .<J82 
 
 2 Though priuoi{iul U> iiut tukfii, -i.ik'i 
 
 3 From uigrot^ — puiiit^hmcQt. '3i*S 
 
 Rbceiiin 
 
 1 May iio cxpiaiiiid by jiarol, iiO 
 
 2 Of distribuiot'g and Ugat<^s ou tiuul 
 wttkinint — l.ow attvJt^d, 4c, 2501 
 
 3 To guardian on tinul tiettlcim-ut, 1797 
 
 Rkceivkk.^. 
 
 1 Appointment of, 271 
 
 2 Funds in their hands may be iavtete<i, 272 
 
 3 Their duty aud liability,'. 273 
 
 4 Of banks, JLc, to whom aiDeaablo. . .. 273 
 
 5 Their duty and roiupcnsntion,. 14j6, 141*7 
 
 6 Must give bond when required, 274 
 
 ^ Xot eubji-ot to ganii!?hnM'Dt. ."^476 
 
 IvBCORDS. 
 
 1 I'reserv.it'on of. 469 
 
 2 Amendment of, 200, 3428 
 
 Qee DocumtjUar .1 /v. ,.*»;</>, . 
 
 R»oori>ifKXT. 
 
 1 Detinilion o' 2«60 1 
 
 2 For what it hes, 2852 j 
 
 3 When pUadable, 2853 ' 
 
 4 Differs from set off— in what, 2861 
 
 RiMXTRY. 
 
 1 By landlord, when tfnant fails to pay 
 
 i-ent. 22G7 
 
 Rkfcsdixo BoXT)». 
 
 1 When given to adminjsiralors,. 2f)45, 2502 
 
 Rr.OtfcTRATHiS. 
 
 1 Proof ol, 3742 
 
 2 Of conv( yanwH, 2667 to 2675 
 
 3 OfyiV" •*•'>"? jToix riy 2671 
 
 4 Of mortgDgi'a, . . . . U'f.R to 1963 
 Hkleasb. 
 
 1 Is a coTni>leto delenw, 2.SO0 
 
 2 By oj^ ration ( f law 260;! 
 
 3 By iiiti tinurriige of |>articfi, 2804 
 
 4 Of Willi. y-w'fi, 3781 
 
 HkI-IOION. 
 
 1 Kone^lialibeettablifhedby lnw,48J)4, &OoO 
 
 1 No I i.]A lost on ucootintoC '■94 
 
 1 Koi;'.' ir^piired for oflu . ' ■v94 
 Rlu«)i< rs W«»»t.sim> 
 
 II i.;', 4447 
 
 2 1 ^r lu OJil« of,. 444 « 
 
 T < 
 
 !u muinder and Jievrrrion. 
 
 1 ,, '•< I hIaviH% 2222 
 
 2 .'. .jouh of corpuB,. .. . 223G 
 3ili«y u.-irnia UiiMiit for lite from iw- 
 
 ino\i..g j.n<|*-ny out of JStalo, 2243 
 
 4 May riNjuire bond of purdiacer of life 
 
 Mtatu, 2244 
 
 S», .' ' / ■ '•.1^/1 ff4 h'fmaind''' 
 
 RfmI. ,,. 
 
 1 ."-hull I* pro\ id«d for ewry right, 3 1 74, 4897 
 
 Rl.NT 
 
 1 : 2S68 
 
 •J.. -irtfr^rt. 226» 
 
 .i \» j.. u i ..rt . ;.pt from Wile,. 2270 
 
 4 i';t'!ii',\,i^ < nut, 2274 
 
 f. .- .rrm,... 2269, 40r,2 
 
 G , f.jr— wheu. . . . 22G7 
 
 7 \. . . ;j i.ii.uu.- ixi.i ii.iy be rettrvertd, 22C7 
 
 8 rrt^t*»iiLg9 ogninFl Uiiatit holding 
 over, 3983 to 3987 
 
 9 I'i.-tnsa wtrranl for — ^iow ict^ued... . &101 
 
 10 Levy md sale under distrese war- 
 rank 6101.5102 
 
 11 Keflevy of the property le*-i«l on,.. . 6103 
 
 1 2 Trial of claims lo the property^ . . . . 5 104 
 
 RkPLl.VT 
 
 1 (Jf property in attachrocnt, 3232, 3233 
 
 2 By claitnaut in attachmeot,. 3237 
 
 3 In claim c-atteR. 3665 
 
 4 In bail cnsba for pcrwonidiy, 3353 
 
 Replications 
 
 1 Abclished in Georgia, 3384, 4109 
 
 Rki-oeter. 
 
 1 His (ippoiniuieot. 219 
 
 2 H is oath and term of office, 219 
 
 3 His dutiew sf*-cifie<l, 221 
 
 4 May apQOint Mwtant. 220 
 
INDEX. 
 
 1047 
 
 5 Shall not publish argument of counsel, 2222 I 15 If'enalty for refusing, ...^ 588 
 
 6 Forfeiture for delays, 2223 ! 1 6 llanda summoned on* 4ay, 589 
 
 •J Entitled to copyright of reports, 22^4 ' 1 7 What Eummons must st«t«3, 591 
 
 8 His salary ■ IS'JlS ' -1^ i>uty,ol oversc-ers, . . .^^ 589 to 593 
 
 Rb8CIsion<.p Contract." I I'.i Deiaultere s-ubjoct U) lint- 694 
 
 y instruments, 6^c.,. . 595 
 
 9 nu) bauuy »».^.j ^ .-- . ^ 
 
 18CIS10N <.p CoXTRACT. I'.i Dt'iaulterfl s-ubjpc 
 
 1 By consent,. . , 2800 ' "0 Extrsv rdinary m 
 
 2 Without consent, 2801 i "J I Tart of road may 
 
 -r,^ I '22. Ihi'.v of anrdiciin 
 
 2 
 Rksctjk. 
 
 1 Definition and punishment^. 4372 to 4314 
 
 2 Attempt to '1375 
 
 3 or negroea — punishment, 4504 
 
 RBeiDENC'B. 
 
 1 Ten days gives Justice's Comrt juris- 
 
 clKtion, '•O'lO 
 
 See Bomicil. 
 
 RkS GES<TyK. 
 
 1 What it is, ^'-''^'fi 
 
 Keveuhion. 
 
 See EstaifA in Remainder and Reversimi,. 
 Revocation. 
 
 1 OfwiU.s, 243Sto2446 
 
 2 Of agency, 21(11 
 
 3 Of loans, 2UO 
 
 Retam, Lii;:;nsk. 
 
 1 How obtained, 1 •''''< 
 
 2 Fee therefor 5ul 
 
 3 (Jonlined to 1 year, place, ami person, r>u2 
 
 4 Tax payer niay demand, iJ'J'^ 
 
 f) Furleitun? for not showing it, TiOG 
 
 6 Forfeiture no bar to prosecution,. ... 511 
 
 1 Retailor dotinecl, 13H2 
 
 See Tavern and 1-ieioAl License. 
 
 Retatliso without Licenbe. 
 
 1 Forfeiture for, to county, ft*'?- 
 
 2 Indictment and punishment, 4440 
 
 Retraxit. 
 
 1 Definition ^378 
 
 2 Diflers I'roin di.smissal, :i37'J 
 
 Rewards. 
 
 1 For felons 65 
 
 2 For fugitive slaves, 1838 
 
 Rice. 
 
 See Cotton, (Jura, Rict;, rfcc. 
 Rights. 
 
 1 Kot euaineratcii, retained, 4914 
 
 2 Remedy for every right, 3174, 489T 
 
 Riot. 
 
 1 Definition and punishment, 4A00 
 
 Rivers. 
 
 See RtnUi/, 2 to 14. 
 
 Roads. 
 
 1 Public roads defined, .'>74 
 
 2 Width and how cleared out, i^'io 
 
 3 Bridges and causeways — how built, . 576 
 
 4 Road districts — how laid olT, 577 
 
 6 ApjK)rtionmetit of hands, 577 
 
 6 ftoads and districts to be registered, .578 ^ 
 
 1 Proc^eedings to lay out or alter, 579, 580, 581 , Sabbath^. 
 
 8 Void roads, '. 582 1 
 
 £ 9 Discontinuance of roads, 583 • 
 
 ' iO Mode of laying out roads, 584 j 
 
 J} Persons subject to road duty, 585. ( 
 
 < 12 Same- hands' work butone road, .• 586 i 
 
 i, 13 Extent of work required, 587 : 
 
 14 List of slaves — how furnished, 588 
 
 / be allotted— bow, 596 
 2i Duly of appliciint, 597 
 
 1^3 Ajijilicant liable lis others — when, 
 24 Ponalty lor failing to work his part, 
 
 2-5 Pi.oad worker may complain, 
 
 2G Proceedings thereon, 
 
 27 Meeting of commi.'!^ioiK'r8, 
 
 I 28 Notue— excuse of defaulter.--, 
 
 598 
 
 599 
 
 600 
 
 GOO 
 
 601 
 
 GOl 
 
 G02 
 
 603 
 
 604 
 
 606 
 
 605 
 
 006 
 
 607 
 
 608 
 
 609 
 
 610 
 
 612 
 
 611 
 
 29 Executiix- against defaulters, 
 
 oO Fines — how disposed of, 
 
 31 '"-unstable ruled for not coUectiug, 
 
 32 Lien of commissioners' judgment, 
 
 ;;;> lliegalities and claims, 
 
 34 Timber - how used and paid for, . . 
 o5 Roads measured and posted, 
 
 30 Signlxjards at forks, 
 
 37 Penally agaiustoverseer lor failure, 
 o3 Ovi-r>ei.r subject to indictment,. . . 
 i'/j Land owner — how redros.-ed 
 
 40 Railroad hands exempt — liov.,. . . . 
 
 41 Jury summoned on petition of 
 hiiia holder, 612 
 
 42 CoiniM^tency of jurors, 613 
 
 43 Trial — how conducted, 614 
 
 44 Notice of meeting, • 615 
 
 45 Time and place of meeting, 616 
 
 46 Challenge of jurors 617 
 
 47 Postponement of trial 618 
 
 48MLslriai G19 
 
 49 Judgment may be certioraried, . . . 620 
 hO Final judgment, &c., 621 
 
 51 Value i)f land — how estimated, 622, 623 
 
 52 Uversei'r fined for neglect, 624 
 
 53 Altering or obstructiTig roads, G26, 626 
 
 54 Streets worked as roads — wbon,. . . 627 
 
 55 Voluni^-ers exempt from roadduty, 991 
 S.?o Brid^cn, Ferries, Turnpilu s and Cauae- 
 
 u^ayn ; (A'tumuisufners (/ PuUlc Roads ; 
 I'rfuite ways. 
 
 Roubhry. 
 
 1 ix-tii.ed— punishment,.. 428ts 4287, 4288 
 
 2 Asstiult with intent to rob, . .4L'')'.>, 4260 
 Ro^iN. 
 
 See hi»per,tu>n and Ins-pectoi-K. 
 
 P., LES. 
 
 1 Of practice— liow made 317(\ 
 
 2 VVVien binding • . . 
 
 3 Supreme Court may alter its rules, 
 
 4 For new trial, 3648, 
 
 5 To establish lost papers, 38«6, 
 
 3171 
 199 
 211 
 
 3()49 
 
 1 Work on, i.rohibited 4451 
 
 2 Penalty for running freight trains, 4450 
 
 3 Punishment for working slaves on, 4449 
 
 4 Fines — how disposed of. 4452 
 
 5 Notcountea in time given to appeal, 353* 
 
 6 Attachments may issue on. 3196 
 
 7 Service of bail on, 3336 
 
1048 
 
 INDEX. 
 
 Salaries and Fees of Officees. 
 
 1 Of Governor, 
 
 2 Of Governor's secretaries,. . . . 
 
 3 Of Governor's messenger, 
 
 4 Of Comptroller General, 
 
 5 Of State Treasurer 
 
 <) Of Secretary of State, 
 7 Of Surveyor General.. 
 
 8 Of State Librarian 
 
 9 Of Trustei'S of Lunatic Aisyiuin.. . 
 
 10 Of Keeper of Penitentiary 
 
 11 Of Assistant Keeper 
 
 12 Of the Book Kr^epi-r, 
 
 13 Of the Physician 
 
 14 Of the Chaplain 
 
 15 Of Military Storekeepern, ... 167 1, 
 l<j Of Sup't (if Lunatic Asylum 
 
 17 Of Assistant Physician 
 
 18 Of Suii'tG''orgia"MilitArvInslJtulv, 
 
 19 Of 8.'."yoftf.nal"an(JCTkof Huus.; 
 
 20 Of .Judij.'s <.f Supreme Ouurt,. . . . 
 
 21 Of the K.-pt.rter 
 
 22 Of Judges of Superior Court, . . . . 
 
 2i'> Uf Solicitors GeuerHl 
 
 24 CiTtificaU^ of »<>rTice 
 
 2') No f''<'s — in what cases, 
 
 2(j Of Attorn, y Gonmii 
 
 27 Of Solicitors in Supn-me Court,. . 
 
 28 Of jMTsons employcsl by (iorornor, 
 
 29 .Juiii,'e.- shall bavead^quatesMluries, 
 
 30 A\><> Solicitors 
 
 Sales. 
 
 1 By Guardians, 
 
 2 By Kvecutors, 
 
 y By .Adminitlrators, 26i:t to 
 
 4 By Sherirts ..WTfito 
 
 T) By Cun>t»ble!« 4oS-l to 
 
 6 By Tax Coll.-ctors 
 
 7 By Trustees, 280o, 
 
 i^ee Judicial SaUt ; PrivnU Salrt. 
 
 "Sait. 
 
 See J/mprctivii and Inapcctori^. 
 Satiskai'tion ok Exe<.'utio.\>. 
 
 1 I'tjivplaini-*! levy on personalty. . 
 
 2 Iltlrux- of properly 
 
 5 Allow iii^;junioryf./(/ to tiike fund, 
 
 4 Aj^reiiueiit never to enfort-c, 
 
 Savannah. 
 
 1 Laws fflative to 47;}! tti 
 
 SCHEl>ri.E. 
 
 1 Of insolvertt.- — when fil«l. 
 
 2 May be Hmendcd, 
 
 Schools. 
 
 1 How incorporated 
 
 Scire Facias. 
 
 1 Sui>erior Court may i.*sue, 
 
 2 May be amended 
 
 5 To make parties — contents of,^ . . 
 . 4 Ajjainst bnil 3347; 8R^ 
 
 On forfeiteil reco;;iiizMnces 
 
 (i To revive a judgmen; . 
 
 Skat.. 
 
 1 What is a soa.1 
 
 2 Wiiat i>fl5cers niui>t keep a «eHl,. . . 
 u Grijat seiil of State 
 
 I.'i72 
 1572 
 1572 
 1572 
 1572 
 1572 
 1572 
 1572 
 157} 
 1574 
 1574 
 1574 
 1574 
 1574 
 1575 
 157G 
 157H 
 1570. 
 1.^77 
 157H 
 157^< 
 157H 
 157K 
 1579 
 1579 
 l.V»0 
 1581 
 1573 
 49H.", 
 49e>6 
 
 1779 
 252>< 
 252K 
 
 ■X5H;; 
 
 4<)80 
 
 813 
 
 230ti 
 
 3*.84 
 35S5 
 S586 
 8687 
 
 4885 
 
 1 •)^s 
 3131 
 
 1187 
 
 4980 
 3119 
 
 c 
 
 12S 
 
 8<-. 
 
 4 Forging pudic seal, 
 
 5 Of Executive department 
 
 C Endorsement need not be under,. . 
 7 Contract under, impprtconsiderat'n 
 
 Seal op Georgia. 
 
 S4*e G-rcai Seal of the Siau' 
 Seal op Exkcctive Department. 
 
 1 Device of, 
 
 Skamek 
 
 1 Proce-'rjingsagain.-t defaulters, 1492, 
 
 2 Shall n^t he cn-dited 
 
 3 Shall not be furnished with liquor, 
 
 4 Certi)!«.it<'of service and di.<charge, 
 
 5 Penalty for hirin;; without certili- 
 
 cate..'. .1^ 14'.»7. 
 
 Invoitrling — peiSlty 
 
 7 Aidm;,' I'-f^ap*- of — penalty 
 
 8 Penalty lor harboring.. . ! 
 
 9 Vexatiou- arrest of. 
 
 Skaecjik-' am> 8cizi-re<>. 
 
 1 S«viirily Jiifainst, . . 1'HJ9. 
 Smarcii ^^ auramts. 
 
 1 \V'b( n i<i b<' issued, 
 
 2 How execute*! 
 
 8 Seizure of tho goud», 
 
 4 Forcibly taking goods.no ground for 
 
 Bindiiii; offender 
 
 SEDnCTlOK. 
 
 1 Action Jor— who may t.ue 
 
 2 Lo.ss of -crvice need not be prored, 
 
 3 Dama::-., 
 
 4 Punishment for,. 
 
 Sechision. 
 
 1 Ordiniuic*' of... . . . , 
 
 SkCRKTAKY or THE Sknatk. 
 
 1 Ele«.ti.'i) Hiid term of, 
 
 2 Hi* ii.»si>riotH and clerkn.. 
 
 3 Hie <iuiif» 
 
 4 His t-uth 
 
 6 Mu.-t Hie (Hipers 
 
 (■> And obtain cerr ' ' reof,. . . . 
 
 7 Must aid when 1 t, 
 
 >^ Mu^t Iiirnish n)hii>>-' . .j.i ;■• printer, 
 
 9 Hi., salary 
 
 Secretasy i.F Staik. 
 
 1 Eh'.tion ..f. ..1283, 
 
 2 Ui^ boD<! 
 
 3 .Shall furni^ll copy ol ieA.<jrd«. Jcc , 
 
 5 .\l!owed n«> j.KTquii>it<* 
 
 5 Shall keep tin* great »>eal 
 
 His duties specified 
 
 7 Shall keep office at Capitol 
 
 8 His salary, 
 
 SeCRETARIICS <.p THE GoTERXOE 
 
 1 Th«'ir appnintnient, 73, 
 
 2 Their sal- ie.^ * 
 
 Seciritirs. 
 
 Sf^e PriAripal and n'trrfy : Sureties 
 Senate op Georgia 
 
 1 Number of, . . . . 
 
 2 (Qualification ol .*^riat"r.>, 
 
 3 Election of Pri»i.jdent 
 
 4 HaesolepM.iw.rtolry 5ni;>eachmciif» 
 Skharate E.sT\T1.i*. 
 
 See Trust E*UUsm. 
 
 4347 
 
 79 
 
 2725 
 
 2703 
 
 79 
 
 1493 
 1494 
 1405 
 1496 
 
 1498 
 1499 
 1600 
 1601 
 1602 
 
 60.53 
 
 4635 
 4686 
 4687 
 4688 
 4639 
 
 2961 
 2951 
 2961 
 4270 
 
 488<J 
 
 188 
 192 
 181 
 
 1- ' 
 
 luO 
 
 196 
 
 953 
 
 1577 
 
 41»«<J 
 8J 
 84 
 8.: 
 
 a') 
 
 86 
 
 a3 
 
 1672 
 4968 
 
 4923 
 4924 
 4925 
 4'.>26 
 
INDEX. 
 
 1049 
 
 Separate Maistrnanck. 
 
 See Alimony. 
 Servants, not Slavkh. 
 
 See M<htiyr md S^'rvnnt. 
 Set okk. 
 
 1 Dpfinitioii, , 
 
 2 What rn;ty be, 
 
 3 Mutual debt.^ 2842, 
 
 4 Of judgments 2843. 
 
 •) Against beneficiaries 
 
 Against original payee of note.. . . 
 7 Of debt of testator or intestate,.. . 
 H Of iniprovv'ments.inejectm't, 2847, 
 '.) Of debt.-^ not due 
 
 10 Dijimis^al of suits, after set oft',. . . 
 ] 1 Again.>it estates 
 
 12 Judgment for defendant for excess, 
 
 13 Limitations apply to, 
 
 14 Of debts not due, in attacliment, . . 
 
 15 Equity follows law as to, 
 
 See Rrroupmcnt. 
 
 Sbveiiance. 
 
 1 By defeiiJant-s jointly indicted, . . 
 
 2 P^tiert of ontinuanoe l)y one 
 
 3 Of produce from realty — punishm't 
 
 SUERIFKS AND THEIR DKlTTIEh. 
 
 1 Their elLction and term, 320, 
 
 2 Disqualilications, 
 
 3 Oath and bond of, 323, 
 
 4 Approval of the bend, 325, 
 
 •5 Record and dej^osit of bond 
 
 G Deputy succeeding princii)al, 
 
 7 Vacancies — how filled, . . . . ; 
 
 8 Office— where to b(! kept 
 
 '.) .Sheritl' may appoint deputy, 
 
 10 Sherilf is jailor, or may appoint, . . 
 
 11 Bond and oatli of jailors 
 
 12 Sheriff s duties specified 
 
 13 Books when full — how disposed of, 
 
 14 Cannot purchase at their sales,, . . 
 
 15 May be ruled, and removed,. .267, 
 
 16 Damages against them tor escape,. 
 
 17 Their' liability. 3852, 
 
 18 Shall ]iay 2U per cent, for retaining 
 money after demand therefor,. . . . 
 
 19 iJeiiiacd— howqjroved, 
 
 20 May be ruled, though out of office, 
 
 21 Jiaic 7usl may Lssue ju vacatio)!,. . 
 
 22 /^Loswer to rules 
 
 23 May be ruled without notice-when, 
 
 24 Lein i.f rule absolute against 
 
 25 Punishmriit of defaulting sheriffs, 
 
 26 Liability of depuiies torule 
 
 ■27 Who may serve rulfis against,. . . . 
 26 Who inay serve process, where sher- 
 iff is a party, 
 
 J29 Fees of, . . . '. i 
 
 30 Shall have only prescribed fees,.. . 
 
 31 Sheriff of Supreme Court 
 
 -32 His fees 
 
 . -33 Bondof, may be sued wiihout order. 
 See Officers of Court ; Slunff's Sfilr.t 
 Sheriff's Sales. 
 
 1 Time and place of, 
 
 2 Where and how advertised, 
 
 2810 
 2841 
 3398 
 3396 
 2844 
 2845 
 2846 
 3397 
 2840 
 2848 
 33't5 
 3398 
 3399 
 3224 
 3072 
 
 4574 
 4574 
 4482 
 
 1206 
 321 
 324 
 327 
 826 
 328 
 322 
 329 
 330 
 331 
 332 
 336 
 337 
 338 
 341) 
 3567 
 3853 
 
 3854 
 3855 
 8856 
 3857 
 3858 
 3859 
 3860 
 3861 
 3863 
 3864 
 
 3257 
 
 3621 
 
 339 
 
 225 
 
 227 
 
 5107 
 
 oo ( 5 
 3576 
 
 3 Change of advertisement 3577 
 
 4 Of land divided by county lines. . . 3573 
 
 5 Purchaser of land tohavepossession 3578 
 
 6 Order therefor— when nel'es>ary,. . 3579 
 
 7 Land held under bond for titles — 
 how sold 3581 
 
 8 Where part has been jiaid, 3505 
 
 9 Widow and lessee of defendant not 
 
 to be disp<ts9essed, 3580 
 
 10 Re-sale at purchaser's risk 3582 
 
 11 Action against purcha-ser — how 
 brought 3583 
 
 Shingles. 
 
 See InmpeHion ami Innpeciors. 
 Siiippiso. 
 
 1 Firingorsinking vessels— penalty, 4478 
 
 See Pilots and. I*ilot.afje 
 Shooting at anotukk. 
 
 1 Definition and punishment 4269 
 
 Shows ani> Exhibitions. 
 
 1 Charge for licon.s<< ■ ^ 501 
 
 2 Forfeituretherefor.wiihoutlicens-, ' 504 
 
 3 Licen.se may be demanded 506 
 
 4 Forfeiture ibr failing to show it, . . 506 
 
 5 Modeof recovering forfeitures, 507to510 
 
 6 Forfeiture no'bar 1o indictment,. . 511 
 Slander. 
 
 1 In actions for, the ])laintilf shall 
 have no more co^t than damages, 
 if verdict be under ten dollars,.. . 3606 
 
 Sec Libel and Slander. 
 Slaves. 
 
 1 Definition of " slave," 1599 
 
 2 Pre-,umplion again.st ne^groes, «fec., 1600 
 
 3 Mulattoes, 1^01 
 
 4 Slaves arc chattels 1602 
 
 , 5 Their natural right.s 1603 
 
 6 Dominion of third ]>"rs<)ns, 1604 
 
 7 Their ac(Juisitioiisb<-K.iig to master, 1605 
 
 ^ 1606 
 
 I 8 Children followconditionofuiother 1697 
 j 9 Free negroe.* may voluntarily be- 
 ^ come slaves 1608 
 
 10 Importation of.. .4950, 4951, 4952, 1609 
 
 11 American raloniz-ation society,... 1610 
 
 12 May be pardoned by Governor, 67, 4713 
 
 13 Requisites of .slave's permit, 1364 
 
 14 ■\Vheutheyinaybearniedbyina.ster, 1367 
 
 15 Unlawful assembly of, 1369 
 
 16 How dispersed, 1370 
 
 17 Persons having jiatrol ])Owers,.. . . 1371 
 
 18 Penalty for refusing to aid them,. 1372 
 
 19 Property found on— how restored, 1373 
 
 20 Subject'to chastisement— when,.. . 1374 
 
 21 Penalty on master for allowing 
 slaves illegal liberties 1375 
 
 22 Shall not be licensed to preach,. . . 1376 
 
 23 Punishmentforkillingormaiming, 4953 
 
 24 May be hired privately by adm'r, 2505 
 
 25 Contracts of, void, 2700 
 
 26 May contract as agent of master,. 2700 
 
 27 Do'micil of slaves, 1649 
 
 28 Duty ofmaster to insane slave.^! 308, 181G 
 
 29 Proceedings by third persons,^^ to 
 
 confine in.sane .slaves .1817.^ to 1820 
 
im^ 
 
 INDEX. 
 
 30 Imit-.f-f- of. fo!lo\\ •> liilr, 3222 
 
 81 "\Vitneh6<« for orugaJnsteachothir, 4Gi*8 
 
 32 C<>nf< wi'1118 of 4C97 
 
 See Bad in rrlmr'uni casrs, ti ; Hiring, 9 tr, 
 1"*; -I/, * .• Pa<rul Imium; Petal 
 
 Oiilej . .Lfrfe prtnfms f-f coUt ; 
 
 S//JU H, ( ' n ■,f'.- Tfiditine id. 
 f-LAVKH. Ma\'JMIK»Ji(.'4 ok. 
 
 »S(!e Mtiiiu.-iij'.- Uin. 
 
 RlAVFS, C)jKI.>cK« KCLATIVr 
 
 1 PuniKhiin-nl fur hiirhirin;; ; - 
 
 2 Currviiijf, or indiu it);; to r 
 8 Uniir.tvokctl b-atini: t r w. 
 4 rrij.'lty bj owntM-<.. . 
 
 r> Tri dinp with ►.Iuvch. 
 
 « r, 
 7 r 
 
 H 1). ,,..,, - 
 'J (ii\ it.j^ t!i. , 
 ]0T. . ■ . • . 
 
 11 I 
 
 12 J 
 
 13 U.tl.y^ il.. , . 
 
 14 (J;v • - , :• . 
 
 r ■ir.'I 
 
 t-torokw^jcr, 4 tOJ 
 
 41 
 
 •y -»; 
 
 '- ' 'I n an(f iiQpewhmt of. -iblt 
 
 ' ' ' ■ f'fficinl misconduct,... 367 
 
 14 So, itiUn pro trm. nr.d hU fers. 858, 3.'i9 
 
 1 '• I'--1ir?T,r r.t.s .'ipnii.f.f. 3^0 
 
 iiCntK,.. 4520 
 
 ■ ' JCBaii)Ji-,.o.\ OKTBR STATK 
 
 % 23 
 
 sK or RcrkncxTATiviEiL 
 
 176, 492» 
 
 nc 
 
 . 1 :iir'«nt, 179 
 
 1K4 
 
 i v. 
 
 2 \'. ' 
 
 2&» 
 
 10 ^ 
 
 17 T; 
 
 18 1' 
 
 
 I'l K. 
 
 -n» 
 
 f-«}-atUi> t; 
 
 ?(»7»l 
 
 ■ 1 , 1 ; • 1 ! 1 1 ' 1 1 
 
 * ■>..«■ 
 
 1 I •■, r .1... ,.,l.,,,. 
 
 '4 !«•-«««, «lMM|>|M«n« 
 
 >ll 
 
 •2 Att, 
 
 
 4 ..^ ^ ^< 
 
 5 Fin... 
 
 «n|it fi) . :nnnt 42 Vi 
 
 »o;r. .»f ro-ulat.'d, 4912, .'h>.>2 
 
 ' ■ •• KRAL. 
 
 1', 84y 
 
 > .itid t/rni, 34r., 4DM 
 
 ud S47 
 
 .. w fiil.d.... 348 
 
 of circuit,. . 3<'iO 
 
 .S.')! 
 
 «. to :..;.. hill iuiit'tirblDfiit. .i''*J 
 
 1 f'>r n<'< «tl«'nd"nr »<'*iirL... . '•'^^i 
 
 304 
 
 «o(>t,.. 3^ 
 .^ • :i«-i. lor ni-eiviiijj 
 
 3 I 
 
 4 1 
 
 5 '.' 
 •i i 
 
 • >• 
 
 V \, 
 
 .\. 
 
 10 i 
 
 11 .\ 
 
 12 };■ 
 
 13 1 
 
 iid pwd. B71 
 
 "uafxm- « h^i. ilt 
 
 87S 
 
 874 
 
 *7'j 
 
 C^O to MS 
 
 A k K. Mtid ndiJ- 
 
 St* IE llol»^e (tOAKio 
 
 1 r 121 
 
 2 N 1 84 
 
 .355, 8.Ki 1 Hm ii(>|K)itttiiicul, 
 
 73 
 
INDEX. 
 
 lOot 
 
 SHhBond, ]]\ 
 
 3 Fh.\:i Vf*p the library, ji* 
 
 4Hi«'lutJe«, ••• i|^ 
 
 5 Sb.'*M dtPtribnt^ Iftws and journals,. . . ' i^ 
 
 6 f^h;.n kf^p catalogue of books, 1 1^ 
 
 1 MxM^i u»Ve receipt!? for bookiv J '^ 
 
 8 hluJl f^xcJianpe reports, • • 1 1^ 
 
 Hi^ffTiOCPubjecttoCTOvVseuperviK'n, lio 
 
 1 Mh-^i .'iccoiint to guocc99or, 1 J» 
 
 11 lJi« Salary, ^°^^ 
 
 lYhn oStion'and bond,. . . . 940, 041, 1283 
 
 2 AtWitional bond may be required, 
 
 3 Vacancy— how supplied, 
 
 4 I)amaif08 for breacli of bond,. . . . • . J*^ 
 
 5 He and fiuretir s miigt be Georgiyns,. 
 
 6 rrintinpr must be done in State, 
 
 1 rnnting during ,:ession of legislaMirts 
 
 8 iVnalty for failure, 
 
 9 When hi« duties bejpn, 
 
 10 What he \i* to print, 
 
 11 How it is to be done • ■ 
 
 1 i Frintioe and delivering laws and jour- 
 ,^ yol, *.ia 
 
 1445' 
 
 1985 
 
 3764 
 443 
 
 942 
 943 
 
 W5 
 945 
 94G 
 947 
 948 
 949 
 950 
 
 ralB, 
 
 13 Number to be printed, 
 
 14 Othtra may be ordered, 
 
 1-5 Delivery to librarian, 
 
 1 6 OjmpcnHatioa of printer, 
 
 1 7 Korleilure for delay, 
 
 18 H<?movablc for dcl^y • 
 
 19 Defective work uuty bo rejected, 
 
 20 Bond of new Printer, • ;^: ' " 
 
 21 QMifitam vierru.it of removed l^nntcr. 
 
 954 
 955 
 950 
 957 
 958 
 958 
 958 
 953 
 060 
 
 22 i:epree«ntative ci decoafled Printer 
 may complete work, •.•-.•••• • • • ,^^. 
 
 23 When entitled to other printing,. 9t>i, JO.^ 
 
 State Stockc. 
 
 1 B.ink and raUroad etock owned by tne 
 litTae, j36toJ.iW 
 
 87 
 88 
 89 
 90 
 91 
 92 
 93 
 1672 
 
 5 
 
 G 
 
 12 
 
 13 
 
 ^n^rX" >»«^.«'iS 
 
 2 His bond, 
 
 3 Rights and duties of. 
 
 4 HiH duties npexafied, •• •• 
 
 ft Olficc subject to Govemors inspection, 
 
 « iMufit settle if he resigna, 
 
 ^ If in default— how dealt with, 
 
 8 Shall keep a book of bonds, 
 
 9 His tralary, 
 
 erATUTKS. 
 
 1 Rules for construing, 
 
 t Meaning of words in, 
 
 3 Repeal of a repeahng St,'itutc, ••■••• 
 
 4 Loc;d Statutes not repealea by cod(V 
 
 See Lawx. 
 
 Stavks. 
 
 Bee Jnypi^iion am la.rpt.cws. 
 
 Stay OF ExBCUTiON. ^ . ,^ ^ .,,.„ „,«„ 
 
 1 In Superior and Inferior Courts, 3588, 3589 
 
 2 In Justice's Courts* .' 
 
 gfKAM BOA'l^i. j^,jt) 
 
 1 Lien on ;. ,','o,^ \ i ooa 
 
 2 Proceedings to enforce hen.. 1980 to 1983 
 
 g*;e Errata. 
 
 ^TrSnsfer of. where Ptoclvholder is per- 
 
 Horially liable, ; 
 
 Stone Cutters. 
 
 1 Lien ol^ 
 
 Stratb. 
 
 See Rftrays. 
 
 SrBro:SA. 
 
 1 How isfBed and served, 
 
 2 Sribpcrna diuxs te mtm, ^J^l 
 
 3 How complied with, ^*** 
 
 4 Penalty for dieobeymg, ^*** 
 
 Subornation. ,^q 
 
 1 Of perjury and f;aee swearing, 4ooa 
 
 'J Punihhment, • • • • ■ 
 
 3 Conviction disqualiliee oflender ^'^^^^ 
 witness, 
 
 SciTS. . . , Oi. 
 
 1 In which Stat« is interested, -* 
 
 See Actions. 
 
 Scrr.Riou Courts. 
 
 1 Held twice a year •'^^^f ^^°* 
 
 2 Table of terms, • • • • • .^(^^ 
 
 15 Adjournments by clerk, .164, .Ubt) 
 
 4 CmiiHj of adjournment, ^ »» j 
 
 ft Adjourned terms, •^^^' 
 
 G Authority of, • • • ^ 
 
 1 Kvclusive jr.risdiction of divorces,. . .. 4974 
 
 8 Of criminal ca.'^es, ■ • • • ^^'^ 
 
 9 Of cases respecting title to land, 4MH 
 
 10 In equity cases, ^"ij^ 
 
 1 1 Appellate jurisdiction • *» • ° 
 
 12 May correct errors by ct^koran., . . - . 4a^y 
 
 13 May grant new trials,.. . 3635, 3G3G^ 4J(y 
 
 14 May issue writs of iruiwlamus, profn- 
 hition scire facias, dc, 4^°^ 
 
 1 5 Contingent expenses f-f. • . ^ 
 
 See CUrk of Saperiw Oxwrt; JuxlQea oj t-Mpe- 
 
 ric^r Cf/iirt. 
 
 ScrREME Co CUT, 
 
 1 OonsiHts of thiv« .Judges, ^0^, 49 <0 
 
 2 Has no original jviri^dicuon, 4J. i 
 
 3 May be held by two Judges, f^^^ 
 
 4 Chief Ju.«ticc oQ J"^ 
 
 4970 
 213 
 218 
 226 
 
 159 
 3159 
 3160 
 
 r> Judge*^how appointed, • 4970 
 
 t; Unaiiimmis docision— how-reversed . -iw 
 
 7 AuUiority of, '^^^■ 
 
 R OfKcers ot ' ' 
 
 9 Who liable for cost in, 
 
 10 Mfw appoint officer— when, 
 
 U Times and places of holding, ^{^» 
 
 12 Attendance of Judges, 
 
 13 Adjournment, • • • 
 
 14 Adjournment ta anotiier place, ^ 
 
 15 Contingent cxi>eB8es of, ••0;J« 
 
 16 Order of docketing casos, 4| '* 
 
 17 Publication by clerk, *| '* 
 
 18 Dockev-when closed,. • • • 4^';^ 
 
 19 ShaU decide cases at first term, 41(6, 497- 
 
 20 CentiDuan»3 for Prq^-idential cause,. . 4176 
 
 21 Purtie« — how made, '*^" 
 
 22 Incoitipteteness of record— how reme 
 
 died, 
 
 23 Ma^iurity dwndes case, 
 
 4178 
 4179' 
 
n(W2 
 
 rXDEX. 
 
 24 DiMposition of caaes in which the onlj 
 
 two Jiidpr* present differ 4179 
 
 "25 Decision— (Kjwor of the oriurt. 4180 
 
 26 R<'niitt(.'r," 4]g| 
 
 "27 DamajreH, in cjne uf alii rmnncv 4183 
 
 28 Id case o) attirmanc-e, fxet-ution may 
 
 WKiie ;it one* 418H 
 
 20 Hill of oxoeptionw «in4>n(lnhli* 4184 
 
 30 Trans<npt to tni flM . . . 4j8£ 
 
 31 Attorney Ituiilo for oi>»t, . . 4186 
 
 •32 Tr.- -xt-d. 4187 
 
 33 Ji. fiiBt in cwirl below, in 
 
 '•' ' 4186 
 
 Sec , nmrt; Jydfmi of Sm- 
 
 1 On oflBcial bond* — how rHto^-rvl 164 
 
 2 Of tni ■((««'»— how nWif«7Ml JJIS 
 
 Bee I'rtufipii.l an J Surtty 
 
 1 l.mt'i.' (. r roiilpriM^ior^ . . , ifH 
 
 20 (In 
 '.'1 (■' 
 
 22 r 
 
 -."^Lkvhvun (jkxriuu 
 
 1 Hin I'lfirtion, 
 
 2 III- |...,.a, 
 
 ■i Hit') I- :a«i Hiitl«iiof. 
 ■I ll,. , 
 
 138.1 VM.i 
 
 ^ ^-'^ <n Wild lai»4«,. 
 
 TAJ.^^^, ' . 
 
 U * •'' ooiniMJxd l.y, . . 
 
 * I" •-••«,. . . 
 
 Tar. 
 
 S<M' /iiojuvUmi and /iupmolor> 
 
 Tavkkv *m, Kmajl Licki^sk 
 
 1 II, .U- ..».( i.!„-(i 
 
 3843 
 
 1377 
 vt-. ... IS78 
 
 1379 
 
 1S80 
 
 Ilk iD<*o. . . . 1S8I 
 
 •' I38J 
 
 RtUiltmg twUaU lArr%»e, 
 
 •«>»»» In « «t*n, 7 3 to 7 33 
 
 • lalKNi ".•'<• 
 
 y <'X«ia|>v ' . 
 
 ■Mi, 7. 
 
 1 -'•<-m*luin«l< 7 
 
 '- ■--.»f««(^t, 7.. 
 
 737. 76:; 
 
 Ac 738 
 
 tilljUx*^.. 740 
 • furli»n'', 741 p 
 
 US I 
 
 743 
 744 
 74S 
 746 
 747 1 
 74.8 I 
 749 
 7i>0l 
 
 vuid,. . . 
 bound,. 
 
 1 other oompMiiet, 
 K<»r» und brok«r«.. . 
 
 uin ra Iroad:*. 
 
 reign bankt, 4c,... 
 iratxjt coa|MBie^. . 
 
 3S<>«t 
 
 3*; Ta.: 
 
 Htpr»-^ oompaaies, 751 
 
 - 752 
 
 l«jr«l mU» of tickeu,. 763, 754 
 ptroller. 765 
 
 756 
 
 •" - 767 
 
 ' ooimty line,. 758 
 
 - '. .. 769, 760 
 
 • fii imnKA U) l>e nwoni lo,.. . . 761 
 t-fviny rn nn^! pnrinK' U\,. . . 7Cj 
 
 :r,:, 
 
 loi, i:i'^ '!/•.! tb'Tom . . "C'i 
 
 •K"nU 7f.7 
 
 •. 76S 
 
 ....;. 769 
 .* uoe, . . . 778 
 
 770 
 
 - r1v — when, 771 
 t, 772 
 -. 773 
 
 774 
 
 ••Te<laff*itiav776to777 
 v«r»,. . 778 
 
 779 
 
 . 780 
 781 
 7H7 
 ^4 
 
 7«6 
 
 W 
 
 -< cseuMd .'Wmb doable Ui, . 
 
 788 
 
 «)fafrMl>arDao-rMi«l««u,.. 788 
 
 ;>N-', .f» fi. .►'. ;..> <<\vt \jtXfK 790 
 
 • ' ::i*. .»■-,•. . .!. :»0. 791 
 
 - it. <.,i.M i-I r."^ I .•!,; "'••• "I'l 
 
 '.- ' ;."\« ; . c.i^ ■.■»;< fl •! 
 
 . •. .■J..- . ..-- ■: 
 
 '•»•;■•-••'•;» 1 V ooUBCtor,. . 79«. 
 
 • ••!:>•■!■ ^• •»•• 79» 
 
 .....,.-» ! J.- a d«raiiltent. tt9 
 
 ....•.)..•• • .■.iOr.f^lOMUOW*. too 
 
 Ml 
 •03 
 
 » o A^ 803 
 
 804 
 
 . ^h«a. . 806 
 
 80« 
 
 txMuiaaiei, 807 
 
 : roller,. 808 
 
 809 
 
 ■cved,. 810 
 
 811 
 
 •rt- lo Co., 818 
 
 813 
 
 ... }«id, 814 
 
 ;a*er. 816 
 
 liave poM O Miou, 816 
 
 •n«Ue^ 817 
 
 >wA. 818 
 
 ropertr 819 
 
 ieetnwl, 830 
 
INDEX. 
 
 105» 
 
 93 Free nejrroes hired out for tax,. 821 
 
 R4 Tax /i. fa. ruT b to any county, 822 
 
 (15 Default tax on brokers, &C., 823 
 
 86 On defanhing companies, 824 
 
 87 Lifitr.f tax payer?, by whom returned, 5114 
 8R Governor may stay c-ollection of, ... . 'J 6 
 *i9 So tudinal interference xs-ith taxes... 5115 
 90 Fee's on tRxfi.fcui 5110, 5111 
 
 See Courtly Tax ; Tax CoUedors ; Tax Reciv- 
 er». 
 Tax, (C>)l-\ty.) 
 
 See fjoviitij Tox 
 Taxation. 
 
 1 For what purposes exercised 4907 
 
 2 Right of. f^anted only by the people, 4907 
 
 Tax roLLECTORS. 
 
 1 Election and f|uiililicaUon of,. . . ."ilGC. 5108 
 
 2 Their oath and bond 853. 854. 5109 
 
 3 Bond for county taxes, 855 
 
 4 Shall not collect before giving bond. . 856 
 
 5 Vacancies — liow tilled 852 
 
 G Bond and oath of appointee, 857 
 
 7 Duty of Tax Collectors 858 
 
 8 Their negligence no excu.se to tax payer 859 
 
 9 Alteration of digest is forgery 831 
 
 1 F%. fa. and penalty for failure to set- 
 tle, 832, 833 
 
 11 SiichyJ./a., how directed and executed 834' 
 
 1 2 Sales under such fi. fas 837 
 
 13 No judicial interference therewith,. . . 835 j 
 
 14 Property of collector and sureties ] 
 bound from date of bond, 836 
 
 15 When to begin collecting, 838 
 
 16 Penalty for collecting before giving 
 l)ond, 839 
 
 1 7 Their bond may be sued on, 864 
 
 18 Rules for government of, 861 to 863 
 
 19 Shall collect commutation military tax, 986 
 
 20 Their liability for county tax, , 492 
 
 21 Commissions on State tax, 860 
 
 22 On county tax, 492 
 
 28 Fee for issuing /i. /a., 51 )» 
 
 24 No fee unless /?. fa. be collected, 5110 
 
 25 May issue garnishment for taxes, ... 5112 
 
 26 Proceedings on such garnishment,.. . 5113 
 Tax Receivers. 
 
 1 How elected and qualified, 840, 1266, 5108 
 
 2 Their oath and bond, 842, 5109 
 
 3 Tacancie.«. bow filled, 5108 
 
 4 Liability of receivers and sureties, . . . 843 
 
 5 Duties enumerated, 844 
 
 6 Peualty for refusing returns, 846 
 
 7 Claipi of right to assess, is no refusal.. 849 
 
 8 Failures of, no excuse for tax payer, . 845 
 
 9 Double tax — how avoided, 847 
 
 10 Clerk must forward return made to 
 him, 848 
 
 11 Forfeiture for delays, S25 
 
 12 For illegal digests, &c., 826 
 
 13 For defective digests, 827 
 
 14 For false digest, &c., 829, 830 
 
 15 Proceedings against them for default, 828 
 
 16 Property of receivers and sureties 
 bound from date of bond, 836 
 
 1 7 Fi. fas. against, how directed and ex- 
 ecuted, 834. 
 
 18 No judicial interference therewith, . . 835- 
 
 1 9 Sales under such^. fas, 831 
 
 20 Governor may vacate commission, 8ot), i>109» 
 
 21 Their bond may be sued on 864 
 
 22 Rules for gc.ven.meiit of 8G1 to 863- 
 
 23 Shall gather military statistics, 986- 
 
 24 Shall ascertain number of blind, 1172 
 
 25 Coinnii^sioiis from State 860 
 
 I 26 From the county 850- 
 
 j Tenancy at «Vill. 
 
 I 1 Either partv mav terminate 2271 
 
 I 2 Notice to quit,..'. 2272 
 
 I :; Emblements 2273 
 
 I T::n*ancy in Common 
 
 , 1 Sul>?tituted for joint tenancy 2281 
 
 1 2 Definition of 2282 
 
 3 Rights and liabilities of co-tenants, . . 2283 
 
 4 When co-tenant ma} sue, 2284 
 
 5 May apply for partition, 2285- 
 
 6 One tenant may sue .ilone, 3183 
 
 Tender 
 
 1 Nature and effect of, 281 5 to 2818 
 
 2 Of damages in ca.se of tort, 2988 
 
 3 In actions of trover, 2989 
 
 4 Of sjjecitic articles, 2816- 
 
 1 KSTIMONY DE BENE ESSE. 
 
 1 How taken at law, 3810 to 3820 
 
 ,2 Perpetuating in equity,. . .3041 to 3044- 
 Testimony, Pkrpetcation of. 
 
 Sec Perpetuating Testimony. 
 Threatening Letter.s. 
 
 1 Definition and jiunishment 4892." 
 
 Timber. 
 
 1 Punishment for illegal measurem't, 4468- 
 
 See Inspection and Insptciors. 
 
 TiMK. 
 
 1 How computed 6 
 
 2 Sundays and holidays allowed, 2733, 3034 
 
 3 Whenofthecssencoof the contract, 2721. 
 Tippling Houses. 
 
 1 Keeping open on Sabbath, 4420* 
 
 Title. 
 
 1 Definition of, 2820 
 
 .. Perfect title, 2321 
 
 :; Origin of land titles 2322: 
 
 4 To Tand and negroes vests in heir, 2451 
 •J To other property, in administrator, 2451 
 G How made on bond of decedent, . . 2508' 
 
 I to 2511 
 
 7 Slander of title, 2964, 2972 
 
 ; 8 May be made to heir.s of obligee,. 2510 
 9 How affected by verdict in trover, 3012: 
 See Deeds ; EscJi-e^ais ; Q-ranis ; Judii.ial 
 Sales ; Prescription. 
 Tobacco. 
 
 Sc»e Inspection and Inspectors. 
 Torts ou Injuries. 
 
 1 Definition of torts, 2894 
 
 2 Injury common to all, 2895 
 
 3 Failure in legal duty, 289G 
 
 4 Private duties, 2897 
 
 5 Election by injured party, 2898- 
 
 PriWty — when necessary, 2899' 
 
 i|f« 
 
 •* 
 
1054 
 
 INDEX. 
 
 7 Fraud and damug^ ... 2(K)0 
 
 a Deceit. 2901 
 
 ^» I^tt'TS to obtain cn^lU 'iWfJ 
 
 10 Tort-t on wilV, Si^ :■>•> 
 
 11 IJv wiff*. sfrranta, &k . 
 
 12 By cnijd^vcxM , . J'hi , 
 
 l.< IlutiHc-uli('n of tort-^.. . . 2tW>, 
 
 II Virions ii:iir: '" " 
 
 ).') Fraud l>y u ' 'i<*«' 
 
 K; Ab;itc!ii.'nl < : ,. . '. >r _ • 
 
 17 ]'liy^ic'il iiii'iri"' 
 
 IK \V1i, ■ :- ., t.' il t . C. ■ !• . ■'•:... 
 
 1" \'. • 
 
 -'I 1' 
 
 •il li 
 
 •J2 1) 
 
 2.5 M 
 
 2J ]• 
 
 2.. 'I 
 
 2f. 15 
 
 '.'T r. 
 
 17 
 
 ■._■■' , . I 
 
 .Ji» To |iiT»na»|t\ 
 ;il T(i ttlnvfu.. . . 
 ■ 12 liy lUil Hojid CoiuiMUiUM,.2'j;7 L> U'J^.U 
 
 1 .\. " Ix-tr Intir.->4. . 2030 
 
 Ti: Ml M. Wfc* 
 
 1 1'k'. . .1 l..r. . -U'M 
 
 'Pk\n-^i I . r I'hBBOMt. 
 
 I Dniiji.il of IC4i 
 
 TUKAHON. 
 
 1 Id lold.;;r«w^^iill'n-puoi*hm't. 4312 
 
 2 III 2<l d.-^rtM' <i<-flnit'n-pui>Uhai*t, 421 » 
 
 TRKAHtrnKR ((.'OUKTT ) 
 
 S<>.' Chunty TV^OKurrr 
 'rKKAhDIiril* (ST*rit.) 
 
 S.T Stnic Tmanurrr 
 
 TurA.'«L'BY. 
 
 1 Munoy drnwn from, Am». 4y47 
 
 Turks 
 
 I r.n>ltyf»rmO, - ' ,..i....*,>ytnc, '•'•70 
 
 Tkkm*am». ' [ 
 
 1 Aciii»n for 2'V.s 
 
 U Suit for by rtiuHiiiiiTUKrii, . 
 
 8 In caM! of baiiinvnt* 
 
 TnitwrARHRRd. 
 
 1 On I:itid, how r}«c<M nOTO l-> 3982 
 
 Triai,. 
 
 1 Of collHtPrnl iiwii- ZTAl 
 
 2 l>iMi\«nd for, incr.in.ii:.i . ;.•<«,. . . 4i34 
 Trqvkr. 
 
 1 • of. 2WT 
 
 t, ('vidcnooufgiMiviu>io!i. 2907 
 " ■*'"'•' "f 29d'.' 
 
 - I oT» litle, 3ui2. v.'4H,i 
 ■\ m^viT .'> J 2 
 
 4 1 
 
 •I i. 
 10 1 
 
 2U1U 
 
 W 1' 
 
 WII 
 
 r. T 
 
 2»12 
 
 
 '***\1 
 
 
 1 
 
 •rdiot 
 
 r. i.i.u ..r 
 <; I'l , 
 7 K- 1 
 
 TbU.ST I-ISTATB*. 
 
 1 Whrii thev cxi^L 
 
 ll-UAc... 
 
 0117 
 
 Gilt; 
 
 228G 
 
 22S7 
 22 8 
 
 n I.I 
 
 •> y 
 
 >-i * impl>«<l, . . . 29B9 
 
 2J»0 
 
 U inu«t b« in writing, 2291 
 ind fthifting trusU 2292 
 
 >:>••- 220:{ 
 
 . 229 1 
 22I»'> 
 
 . .-j..u i ..-I 221H 
 
 Is are iinpUed,.. 22'.i7 
 
 '^nd incoti 
 
 
 
 Turtles. 
 
 1 Ttiitfl of tAkinie,. . 
 
 2 IVuaity fur Ukia^ *il«yaily, 
 
 UmI'IKI 
 
 1 .\w.trt] hj, 
 
 U.'«:vr?-.viTT cr (lEOROTV 
 
 A t.nislcj. . 
 
 ■ ^X»f* 
 
 action of board.. . . 
 
 • • -«rbeii 
 
 uffttm ka. 
 
 I u bo^ • V ftixJ r^fx>rl, 
 
 I I Umjo ,j " jLiinivxy to I --i-iiature, .... 
 
 2K:;1 
 1117 
 
 nic 
 
 1118 
 1119 
 1120 
 1121 
 1122 
 II2S 
 1124 
 1125 
 IIM 
 
INDEX. 
 
 1055 
 
 12 0' 
 
 17 o- 
 
 1 1 
 
 2 «' 
 
 3400 
 3401 
 
 - " 11 religion. . . 1127 
 , ..., 1138 
 
 , ri) Dc.uro legislature, 1129 
 
 '^CTfMH? 1130 
 
 , ill law .and me<lic;uf, 
 vntliout other license, . . 1131 
 s in oonnection witli. . . . 1Kj2 
 
 ■1 S fcampus oi', shall not lie eold, H -p 
 
 ] a Its incomo— dcficieMv, 1 Ip-f 
 
 '"I i f - • •;• lr\-.V3 relative to 1135 
 
 ; • « ■• :, .'.SSEMELin-H. 
 
 . . 4399 
 
 .-,.....; i^Jio 
 
 Un W H0I,» i-OM i: l;i: EAD. 
 
 1 Tcnalt}- f >r eellin,:,' '■ '''2 
 
 1 Action for selling,, ^5 
 
 2 IndictmentandpunislimciilfOTiy.liing 44J1 
 
 USCUY. 
 
 1 Plea of iiPtirj' 
 
 2 Examination uf ])artica as to, . . . 
 See fntcrei-t and Ufrury. 
 
 Vagrants and Vagrancy. * 
 
 1 Defined — punishment, 443& 
 
 2 Pcrsous with Calse keys, &c, deemed 
 rogues and vagabond.s *'*-^^ 
 
 3 Professional gamblera deemed va- 
 graiits 4*^^ 
 
 4 Bonds incases of vagrancy, 44r)3 
 
 5 Duty and fee of solicitor in such cases, 4454 
 Vknoer a.vd Pukuiiaskr. 
 
 1 Vender's equitable lien, abolished,. . . 1083 
 See I'rivaie SaJes. 
 Venue. ^^ 
 
 1 In civil cases at law, o-->13 
 
 2 Siiitw re^fiecting titltn to land 314 
 
 'A Suiis Hgaiust several, in different ] 
 
 counties S316. 49821 
 
 4 Atjiiiust maker ami eodorser, 8316, 4^>83 
 
 5 Agllin^t riiilroad (•oni[ anies,. . 684, S31< 
 
 6 A grtin- 1 non-residontH, 3318 
 
 7 Scire facias against bail, 8319 
 
 8 To .-evi ve dornimt judgmonts, 3525 
 
 •J In equity casen, 4:0!>6 
 
 10 In criminal cases, 4976 
 
 VkRUICT:*. 
 
 1 Must, covor the issues, 3479 
 
 2 Must, tiiiow ou what ph'a lound, . . . 3480 
 
 3 M-iilduiiC verdicts, 3482 
 
 4 Ueceivable only in oi>ea court 8486 
 
 6 hi tiover, tbeic effect on the title,. 3012 
 
 3483 
 Form for total divorce, 8484 
 
 7 For partial divorce, 3485 
 
 8 Special verdicts in »quit,y 4120 
 
 9 CoUHiiuciioii of verdicts, 3481 
 
 10 A III iidiiient of, 3421 to 3423 
 
 11 In m lions for p.-r.-onilty, pUintiff 
 nmy h^ve verdict fur the property, 
 or it>) value, or ler the property 
 aloiie, 5117 
 
 Voluntary Conveyances 
 
 1 V id agdnst purchasers without 
 notice 25 88 
 
 VoLv:<TKKns. 
 
 So Militia Laws IC to 40. 
 Voting Illegally. 
 
 1 Voting more than otice 444i 
 
 2 I3uyit)S and sel ing votes iM-i 
 
 Z Voting by nun- r- 4i4i 
 
 VilgaFw La>ouao!: 
 
 1 In prt-^ecce of t'v;;ja'.er', . 4271 
 
 V»AEi;ANTti. 
 
 1 Who u.ay i^^&ue, ^4505 
 
 2 Form of affi<lnvit lor, 45'.«t» 
 
 3 Forir. of warm!". is, 4'i','7 
 
 4 Vi'ho m:iy hear, . . .'. 4.jV'".) 
 
 5 I3ackin'4 warrants, 4vU I 
 
 G lieuch w-trri-.n;?, 40 '3 
 
 7 For good behavior, 4Ci27 
 
 8 Peace warrants, 4'^i ) 
 
 9 Sear^ii wjirraats 4l/oJ 49i>'J 
 
 10 Special warr?.nta, 4 .Li 
 
 11 Diotres:! warrant 5i0l 
 
 See Poi^'sr.nnj Warronis. 
 
 Warranty. 
 
 1 ■Alien im;/ i' d, 2<W''7 
 
 2 Coveuuuis of — iicw consnueU, 26i)'J 
 
 3 Effect cf breacii ot" vrarranty, 2i>»8 
 
 4 General warranty, iJijiiJ 
 
 5 Of fclavo "in every re^puc ," 2663 
 
 6 Thatslaveis "ticaUhyatic'ciu d," 2664 
 
 7 Of title to slave, goes to assigiite,. 2666 
 
 8 Effect of offer to rescind, 3666 
 
 9 In trflL^fcr of neg" tiablfl p>perh, .. 2727 
 See Damages, 10, 13. 11. 
 
 \VAREtIlM;<SKMEN. 
 
 1 Their liability I'.nd lica, 2091 
 
 Waste. 
 
 1 By Administrators, 2474 
 
 1 2 Dv Executors 2416, 2474 
 
 3 by Guardians, 1767 
 
 I VVekjiit*! and ^Ieasures. 
 
 1 Standard of, to iw procured, 15:^>0 
 
 2 Notice, 1^* 
 
 3 Marking instruai**nis 1527 
 
 4 Of venders to be marked, 15:!8 
 
 5 Selling by false weights, &,c., 1529 
 
 Western & Atlantic Railroad. 
 
 1 Deljngs to the Stat,-, 888 
 
 2 Relation of Stateandpeojde thereto, i89 
 
 3 Penal and road la^s apply to, 8'.H) 
 
 4 Former laws remain of force,. . . . 891 
 
 5 S'lpcrintendent — .ippointment of,.. 892 
 
 6 His bond and oath 893, 891 
 
 7 Hi'! authority, B95 
 
 8 Rules for government of, 896 
 
 9 Force and etiect of rules, 897 
 
 10 Suits against the road, 898 
 
 1 1 Demand before suit., 899 
 
 12 Books of road, evidence, ^*J 
 
 13 Debtors to, are public debtors &91 
 
 14 Treaaarer — his appointment 9i)2 
 
 15 His oath and bond 903, 901 
 
 16 Duties of Treasurer 905 
 
 17 Auditor — his appomiment 906 
 
 18 His oath and bond, 907, 9<>8 
 
 19 Filing and record of oath and bond, 909 
 
1056 
 
 INDEX. 
 
 20 Duties of Auditor 010 
 
 21 State's remedy against Buperinten- 
 (lent, Treasurer, and Auditor, .... Oil 
 
 22 They mny be required to give nddi 
 tionalbond 912 
 
 23 Monthly Ffiiiement by agents', 01. S 
 
 24 Defaulting «genis, dis^)in^^ed, 014 
 
 25 Accounts of disraisHed agents, .... 015 
 2(5 Defaiiliin^ agents, OltJ 
 
 27 Oaih and t,on«l of agents, . 917, 018, 010 
 
 28 Renewed annually 020 
 
 29 Additional bond may be required,. 022 
 
 30 Setilenient witlvauenis. 021 
 
 31 No credit for f reight-^ 024 
 
 32 Oath of conductors •.»23 
 
 33 S»'ttlf ments by c.>nciuctori" 026 
 
 34 Disburse men Is by road 925 
 
 36 Governor <iecidei*, wheuSiiperijiten- 
 
 dcnt and Auditor differ 92<» 
 
 36 Pr<ceeds <.f, paid into treasury,. .. 027 
 
 37 Application of proceeds, 027 
 
 88 Kale of us. less iron 02H. 'X'U 
 
 39 Proceeds— how applied, 029 
 
 40 Otficers cannot purchase, 030 
 
 41 R.cord of sales 031 
 
 42 Sale of litnd— eiceplloo 032 
 
 43 Who may trnvrl on. free of charge, 033 
 
 44 8uporini<ndent »hall enforce Uw», 034 
 
 45 Trnnvportttiion of lime .... 0K5 
 
 46 ApprcpriHtiun of ilA earnings naj 
 
 be difcoiltinue<i, 1104 
 
 WllAKI'lNOKKS 
 
 1 Their liabi!"' ht..| ii.n. VfKt2 
 
 Widows. 
 
 1 May sue 
 bftod, 
 
 2 Eiempl from bail. 
 See Itvutr. 
 
 WlKK. 
 
 1 Teaalty for whipping,.. 1446' 
 
 2 W ife's equity 1710 1 
 
 3 .\bdnctiug or harboring 2049 | 
 
 Set J{uf band and W'ift : Ma'^ifi M'.iirn 
 
 Wills. 
 
 1 Definition of a will. -;/iO^ j 
 
 2 No form rcquirtd — test 286S 
 
 3 Instrumont mav be deed and will,. 2864 
 
 4 Mutual wills.. .' 2366 
 
 5 When wills take effect 2366 
 
 (> I'ower of t< siator 2367 
 
 7 May be good in pari and void in part 2368 
 
 8 >iusl be voluntary. '' 
 Fraud vitiates wills. - " ■ . 
 
 10 MiMakes in wille, 
 
 11 Codicils, '- 
 
 12 Who may make a will, ... 
 
 13 Infants under 14 cannot, 
 
 14 Insane person? ^.■~,^. 
 
 16 Eccentricity and imbecilitj 2376 ' 
 
 16 Testamentary capacity 2377 I 
 
 17 Frmf corert luay make will— when, 2378 • 
 
 18 Conviction of crime-imprisonment, 2379 , 
 10 Free negro may make-slave cannot 2380 
 
 nuiuicide ot tiu>'- 
 2918, 2045 to 2\»47 
 
 •i";<7 
 
 20 Wills ot blind mutes 2881 
 
 21 Interpreters, 2382 
 
 22 Formalities of execution 238S 
 
 23 Illiterate wiinesses, 2384 
 
 24 Time of witn»ste8' compet'ncy.. .. 23H5 
 
 25 Effect of wilnees being legatee. . .. 2;l8t'> 
 20 Testator must know contents of,.. . 23S7 
 
 27 Charitable devises, 2388 
 
 28 iDTeniory nn<i returns dispensed 
 with— whei 2380 
 
 29 Ordinary'sjuri'diction as to probate 2300 
 
 30 Probate in another county 2301 
 
 31 ElTect of probate in common form, 2392 
 
 32 Probate ia solemn form-when con- 
 clusive 2393 
 
 33 Notice to helrn — reo«jrd . . . . 2390 
 
 34 Probnie in common form — when 
 
 C.nr'n.. -o 'J'-'-'^i 
 
 Z'> i vacation 
 
 8*' ' ' 'i</ /(V^ for minors, . '/ 
 
 87 VSitneKxrn may b* eiamioed by 
 
 cnmm- — ion 2898 
 
 3J* \ ' be filed with Ordinary. 2300" 
 
 30 ! may be esiablifibcd, .... 24<K) 
 
 40 < >r.^ iKii will reniaina of file — copies 
 
 e\ ulcnce 2401 
 
 41 Foreign wills— when evidence,. . . . 24ti2 
 
 42 Who may offer wilU for probate,. . 24<i3 
 43\Niihin what time executors must 
 
 propound lh<« will, and qualify. ... 24f>4 
 
 44 Kzerutor's renunciation is final, . . 2405 
 
 45 .\dttii»ftions of eieeiitor or legatee, 2406- 
 
 46 Revocation of wills. 2438 
 
 47 Kxpress and iiuplied revucatioBs, . 2430 
 
 41* R<-vocaiion — how executed, 2440 
 
 40 R4-publicaiioo, . ! i' 
 
 5(t Cancellation. • l 
 
 51 Inter • • -rvoke, -J 42 
 
 52 Ho« . rt-voCMtionesienda, 2443^ 
 o3 Ioc< : ,, ..... , .'uvisionk in willa,. . . 2444 
 
 54 Revocation by marriage or birth of 
 (hild 2445 
 
 55 ilow republication may be • ffe< led, 244G 
 ■ >Ct .Nuncupative wilU — wh»*n good,. . 2447 
 
 When and bow they must be proved, 2448 
 
 - .Notice U> heirs.. .'. 2440 
 
 •j'' Any prop«-jiy may pa»a by nnocu- 
 
 paii«e wilU, 2450 
 
 See Carrat, 1 ; iJtrut and I^^acp. 
 
 WlTKI>KIS. 
 
 1 How sobpena*^, and their fett^,.. . 8701 
 
 2 Mode of collect iog ieeft, 8765^ 
 
 3 IVnaJiy for exce-sive claim of feea, 37CG 
 
 4 Penally for non-attendance 37t.7 
 
 "i lor the Slate, from other counties,. 07W 
 In prison, brought up by habeas cor- 
 pus 376'> 
 
 7 Free from arrest :-.770 
 
 8 Shall not r-f*^^" '»■••" — when, .';771 
 
 9CompeteD -dby the C'.>urt, 3772 
 
 10 Who are 1 i 3772 
 
 11 Comj-etenry of ctiildren 8778 
 
 12 Physical defects — interpreter, 8774 
 
 13 Drunkenness incapacitates,. '''• 
 
INDEX. 
 
 1057 
 
 14 Conrt shall, by examination, decide 
 as to idiots, insane, and drankards, 
 
 15 Competency of infamous persons,. 
 
 16 Of persons interested, 
 
 ' 17 What interest does not disqualify,. 
 
 18 Excepted cases as to interest, 
 
 19 Competency restored by release, . . 
 
 20 Husband and wife incompetent for 
 each other, 
 
 21 Party, when competent, 
 
 22 When objection to competency must 
 be made, and how proved, . , 
 
 23 Restoration of competency by de- 
 posite of money, &c., 
 
 24 Witnesses must be sworn, 
 
 25 Separate examinations, t. . 
 
 20 Right of cross-examination, 
 
 27 Leading questions, 
 
 28 Memorandum in aid of memory, . , 
 20 Opinions of witnesses, 
 
 30 Experts 
 
 31 Impeactiing one's own witness,.. . . 
 
 32 Privileges of witness, 
 
 33 How impeached, 
 
 34 Foundation must be laid, 
 
 35 General character, 
 
 30 Sustaining witnesses, 3798, 
 
 37 Witnesses' state of feeling, and re- 
 lationship to parties, may be proved. 
 
 3776 
 8777 
 3778 
 3770 
 3780 
 3781 
 
 3782 
 3783 
 
 3784 
 
 3785 
 3780 
 3787 
 3788 
 3780 
 3700 
 3701 
 3702 
 3703 
 3704 
 3705 
 3700 
 3707 
 3700 
 
 3800 
 
 38 Who competent before arbitrators,. 
 
 39 Their fees in 8uch case 
 
 40 Slaves and free negroes competent 
 for or Hgainst each other, 
 
 41 iMaster competent for or agwinst hit; 
 slnve 
 
 42 Subp<r;na duces te cutn 
 
 43 How complied with,. . . 3444, 'M46, 
 
 44 Penally for disobeying it, 
 
 Wood. 
 
 1 Size of cord, 
 
 2 Penalty for selling less 
 
 Sec /iifperiion and Inspectors. 
 
 WORI'S. 
 
 1 Meaning of, in Statutes, 
 
 2 Meaning of in contracts, 
 
 3 Meaning of. in wills, . «. 
 
 4 Opprobrious words — punishment, . 
 
 5 Will justify battery— when, 
 
 Worship. 
 
 See Religious Worslii/). 
 Writ ok Error. 
 
 1 Form of, 
 
 Writ of Possession. 
 
 1 When it issues, 
 
 2 Does not go ac;ainst strangeis, . . . . 
 
 3 In favor of landlord, 
 
 4155 
 4147 
 
 4C98 
 
 4690 
 844T} 
 3447 
 3444 
 
 1512 
 1512 
 
 
 2721 
 2422 
 4271 
 4576 
 
 4161 
 
 3559 
 3.560 
 3987 
 
E R E A. T A . 
 
 6kt n. I.iar.. 
 
 MT. a. In hi! 
 
 TW. A For , 
 
 TK -J K..r 
 
 77ft. n I'fir • 
 
 la »• 
 
 Itfl. 1 Cor ' 
 
 laSii. i. K.ir 
 
 lilt, far t^'>Mmi4»arprt»A A'fJfttitJ. 
 
 X6M 1 Kur 
 
 1*«. 7. K..r ■ ,,ty 
 
 lOTS. 4 1- r 
 
 t-H.\ ! 
 
 tUOA. 1 
 
 'MSn. ;: 
 
 ■i7:n. 1 ;^0 
 
 57JW. -I 
 
 S7IW. .« , ,,r^ 
 
 «71W. (• 
 
 ;h)n7 
 
 HOtfl 
 
 iJU*. .1 ,,,,„„, „^,,^ ^ . 
 
 ■'i«Nl. I 
 
 H«7. 1 
 
 .SMR. 9- • -- • •— r- •-•'' 
 
 *) Ila. f'W rffrt** n td <y /« . 
 
 HKM. 
 
 7 ; Mid ^alU ' 
 
 
 
 ST*' 
 
 ffl»l. .Ml.- 
 
 OIK 4. K»r ■ '. ' ; 
 
 «n& i.s r .r - 
 
 44M. 2 I „: f.., ^fy;<i..f 
 
 4M1. 81 
 4.W4. 1". 
 
 ♦an. H 
 
 4M& 4. 
 
 40(N. -^ ' 
 
 4«?: ? 
 
 li'^" ..1a»l<:;. IT' (')«• *uck aOi: 
 
 •'°»t -.alriD; tt< c'.rt. oT UMOowt 
 
 '"'••• .wlL.- • . ' • -J kko »r; • 
 
 •■OIIDI »»\ J-n !■>, lUJvt Ui.mtL.', ¥l..a. il. 1 fel_ 
 
 •noh b<MU or omfV, na<lrr tin- Max rule* .ii. 
 
.V 
 
/ 
 
 V 
 
r 
 
 \ 
 
 I