.)«tt?itii(Hli< George Washington Floivers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS Digitized by the Internet Arciiive in 2010 with funding from Duke University Libraries http://www.archive.org/details/publiclawsofgeorOOgeor t"-- PUBLIC LAWS • OF PASSED BY THE GENERAL ASSEMBLY, AT ITS SESSION HELD IN NOVEMBER AND DECEMBER, 1861. EMBRACING ALL THE OF GENERAL INTEREST, TogetIi?r With all Changes io Court Calendar. ('OWPII>E» AIVD PrBI.lfiillED BV no:, n- ^v^ u3L T us n. s , Secretary Kx. Department. To whom all Orders for the Pamphlet must be addressed. Terms — 1 copy ^ ^ • 3 copies 2. 5 " 3. 10 " ■ 5. _ Money sent by mail at Publisher's risk. Names and Post-offices should be plainly written; and when to be sent to country Post office, the Coujity should be mentioned. FEDERAL UNION POWER PRESS. MILLKDOIVILLE, 0*- isei I ♦ If •A.'ri> ^^ COURT CALENDAR. The following table shows the times of holding Courts in the counties therein embraced, as fixeil at tlie session of ISOl: SUPERIOR COURT. Banks, on Thursdays after 1st Monday in April and Oct. Burke, 3d Monday in May and November. *Cobb, 3d " " March " September. Cobunbia, 1st *' " " " Emanuel, 1st " " April " October. Franklin, 1st " " «' " Habersham, Tiiursdays after 4th Mondays in March & Sept. Jefferson, 2d Monday in May and November. Johnson, 4th " " March " September. ♦Lumpkin, 1st " " Feb'y. " August. Milton, 4tli " " I\Iarch " September. " Inf. court 4th " " June " December. Putnam, 4th. -^t ^t; ^'> March *' September. Rabun, 4t]i f.',... /' " " Richmond, 2d ""* ""April "October. Scriven, 1st " *' May " November. Towns, Thurdays after 3d i\rondays in May and Oct- Washington, 2d Mondaj'S in March and September. White, Thursdays aiter 3d i\rondays in March and Sept. ♦Judge not reipiired (o draw Jurors for two weeks; and not obliged to hold two weeks' Court in counties of Cobb and Lumpkin. PUBLIC LAWS. (No. 1.) An Act to authorize the several Banks and Banlhig Institu- tions located at Savajmah, to remove their ^jlaces of business into the interior during the invasion of the enemy. Sec. I. Be it enacted. That it shall be lawful for the sev- eral Banks and Banking Institutions located at Savannah, to remove their places of 'business to the interior of the State, that either of them may respectively select ; and there to carry on their business during the invasion of the State of South Carolina or of this State, by the forces of the army or navy of the United States. Sec. II. And he it further enacted, That, in respect of notes ^ or bills, or acceptances or obligations hereafter to fall due and payable in the city of Savannah, it shall be lawful for the holders of the same, to make demand of payment at any point, or points, in the interior to which said Banks may re- move their places of busiues ; and upon such demand and notice to drawers of bills or endorsers of notes or bills, or obligations, of non-payment of the Bame, given or sent by mail within a reasonable time, such drawers of ])ills or en- dorsers of notes or bills, or obligations, shall be held and bound for the same, in the same manner as if such demand of payment had been made in Savannah. Sec. III. Repeals all contlicting laws. Assented to November 22d, ISGi. (No. 2.) An Act to authorize the City Council of Augusta, to issur one hundred thousand dollars in Treasury notes, and for other purpo- 4ei, Whereas, It is important that the circulating medium of this State grounded upon good -Jii4 fu^cient securities. 4 should be at this time increased to meet the demands and wants of the people : Atid JVIicrcas^ the City Council of Augusta are possessed in their corporate right and nanwi of a large cpiantity of Bank Stock, Kail Road Stock, and real estate, greatly exceeding in value the same of one hundred thousand dollars, as well as the taxable property owned and possessrd by the citizens of said city. Sec. I. Tlic Gonral Assembly nf the State of Georgia, do thcrffore niact, That the City Council of Augusta be, and they are hereby authorized, during the suspension of specie payments by the banks of this State, to issue their Treasury notes redeemable either in specie or in current Bank notes, of the denominations respectively of five cents, ten cents, twenty-five cents, fifty cents, and one dollar; which shall be signed by such officer or officers as said City Council may by Ordinance direct. Sec. II. The amount of feaid notes in circulation at any one time, shall never exceed one hundred thousand dollars; and said notes shall be taken in payment of all dues to the City Council of Augusta; and this provision shall appear on the face of the notes issued by said City Council. Sec. III. Tfie General Asmnhhj Jo further enact. That, if the Treasurer of the city of Augusta, or other persons au- thorized by the City Council of Augusta, to sign said notes, shall sign and put in circulation at any one time, a greater sum than one hundred thousand dollars, he, or any one of them, shall be guilty of a misdemeanor, and on conviction, shall be fined or imprisoned ; said fine not to exceed one tnousand dollars, and said imprisonment not to exceed six months. Sec. IV. The GevtraJ Assemhiij do further enact, That, if any person or persons shall be guilty of forging or counter- feiting any of said notes knowing them to be forged or coun- terf»'it(;d, he, she, or they, shall be guilty of a felony ; and on conviction thereof, shall be imprisoned in the Peniten- tiary of this State, for a term of years not less tlian five nor more than tcji, in the discretion of the Court before whom the conviction takes place. Sec. V. The property of the City Council of Augusta, both real and i)ersonal, shall be liable for the redemption of said notes ; and a lien is hereby created upon such property for the redempeion of any notes issued under the provisions of this Act : Which lieu shall not be impaired or defeated by any transfer of such property after the passage of this Act. Sec, VI. Repeals conflicting laws. Assented to November 26th, 1S61. (No. 3.) An Act to authorize the Justices of the Inferior Courts of tJie several counties of this State, from time to time, in their discretion, to levy svch extra taxes as ihcy piaij deem necessary to equip Volunteer or other sold ins from their respective coun- ties, and to provide for the indigent families of soldiers; to au- thorize the collection of the same, and to legalize their previous action in the preinises, and for other purposes. Sec. I. The Gemral Assembly of the State of Georgia do enact, That the Justices of the Inferior Courts of the several counties of this State, are authorized, from time to time, to levy such extra taxes as they may think necessary to equip such Volunteer or other soldiers as have gone, or may go, from their respective counties, and to provide the necessary support and maintenance for such indigent families of sol- diers as may be resident in their respective counties, and such indigent soldiers as may return home wounded or dis- abled. Sec. II. The said Justices may have all such taxes col- lected either by the regular Tax Collectors of their respec- tive counties, or by such other person or persons as they may think best ; and may take such l)ond, and fix such compensation as they may think proper for the collection of the same. Atid be it further enacted, That tlic counties of Monroe, Burke, Pickens, Wayne, Cherokee, Taylor, Fayette, Clinch, Dawson, Lumpkin, Echols, Upson, Spald- ing, Campbell, Forsyth, DoKalb, Macon, Wilkes, Warren, White, Ware, Rabun, Chattooga, Decatur, Charlton, Ber- rien, Coffee, Paulding, Bryan, Appling, Crawford, Fannin, Telfair, Emanuel, Clarke, Banks, Schley, Worth, Musco- gee, Wilcox, Butts, Mcintosh, Brooks, Newton, Gilmer, Irwin, Montgomery, Laurens, Murray, Dooly, Clayton, 3199!fi Pierce, Wilkinson, and Gwinnett, be excepted from the op- erations of the first and second Sections of this Act ; and that, in said counties, during the present war, the Justices of the Inferior Courts of said counties, shall have the au- thority to assess, annually, on the amount of the State tax of said counties, such tax as may be recommended by a ma- jority of the Grand Jurors of said counties at the Spring Terms of the Superior Courts, for the purpose of raising funds to equip soldiers for the service of the State and Con- federate States, and to s\ipport such of tlieir families as are indigent, during their term of service, to be collected as other county taxes in said counties ; and all taxes levied in said counties the present year for the same purposes, are hereby legalized and made valid ; and in the event there be no Court at the Sprinir Term in any of the counties thus excepted, then, the Justices of the Inferior Courts in said counties shall proceed to assess such taxes as may be absolutely necessary for the purposes aforesaid ; and that the counties of Coweta, Tattnall, and Whitfield, be except- ed from all the provisions of this Act. Sec. III. All taxes heretofore levied, or any contracts en- tered into, or money procured whether by bond or other- wise, or by sale of railroad or other stocks, by the Inferior •Courts or the Justices thereof, or by other persons with the sanction of the Inferior Court, and all orders passed, or which may be passed by any of said Courts equalizing said tax among the tax payers for the purpose aforesaid, are hereby ratified and made legal, and the same authorized to be collected under this Act. Sec. IV. All Tax Collectors, or other person or persons who shall be, or who have been appointed by the Justices ot the Inf(!rior Courts of any county in this State, to collect any tax which has been, or which may be levied under this Act, shall be liable to all the remedies and liabilities to which Tax Collectors are now liable bylaw, for any viola- tion or failure of duty under this Act, or for failing to pay over, on demand, any money or other thing which may be collected by him or them under the same. Sec. V. The Inferior Courts of the several counties are authorized to use and apply any county funds, except Acad- emv and Poor and Common School funds, in their respec- tive counties, to the purposes aforesaid ; but all applica- tions of any funds heretofore made in any county, are hereby made legal and valid. Sec. VI. In any county where the Inferior Court may so order, the amount of tax levied for the support and cloth- ing of soldiers' families, may be paid in such articles and in such proportions as may be necessary for the support of the families; the value of which articles shall be fixed by such Assessors as may be appointed by s^aid Inferior Court, and In such manner as said Inferior Courts may think best. Sec. VII. That, in all cases where the taxes are paid under this Act in produce, the same shall be delivered by the said tax payer at such place or places as the said Infe- rior Courts may direct. Sec. VIXI. The Inferior Court shall have kept a digest ol' the taxes already raised and disbursed, or hereafter to be raised, and the use and disbursement of all funds raised, or hereafter to be raised by taxation ; which digest shall be kept by the Clerk of the Interior Court, for the inspection of the citizens of the county ; and said Courts may make all such arrangements as they think best, to carry out this section- Sec. IX. The assessment for State taxes made next pre- vious to each particular levy of tax by the Inferior Court, shall be adopted as the basis of the kind and value of property in such levy as they may at any time order in pursuance of the provisions of this Act. Sec. X. Whenever any funds authorized to be raised by any of the provisions of this Act, shall go through the hands of the Treasurer of any county of this State, it shall not be lawful for such Treasurer to charge or receive any commissiojis or compensation for receiving or paying out such funds. Sec. XI. That the Tax Collectors, or other persons ap- pointed to collect the tax in accordance with the provisions of this Act, be authorized to proceed in cases of default m the same manner as is now provided l)y the laws of this State for the collection of the general tax. Sec. XII Repeals conflicting laws. Assented to November 29th, 1S61. (Xo. 4.) An Act to continue in force the 4th Section of an act parsed over the Govcrnor\ veto on the 30th Jay of ISominhe*^ 1800, ««^/- tled ^^ An Act to provide nirimU the forfeit ure of the several bank charters nf thi^ Stale nn account (f ?ioh-$j)ecie pa ijnunt for a given time, and for othtr jyuriHises^ passed in the year 1857 ; a7td to susjtend the puins and penalties imposed upon the several haiiks and lh( ir oj/icers in this iStatiy for non-payment o/'sjnxie, and other purposes,'''' and also " An Act to be discharged, by one Officer, to he styled Tax Kc- ccioer ami Collector. Sec. I. The General Asscmhlij of Georgia do enact as fol- lows, to-irit : From and after the passing of this Act, the offices of Receiver of Tax Returns and the Collector of Taxes, in the several counties of this State, be, and the same are hereby consolidated ; and the duties thereof, shall be discharged by one officer, to be styled Tax Receiv»*r and Collector ; w^ho shall receive therefor the compensation now allowed by law to the Collector ; Pmridcd, no Collec- tor shall receive more than fifteen hundred dollars. Sec II. Repeals conflicting laws. Assented to November 30th, 1S61. (No. 8.) An Act to amend An Act, ajqn-ored December 17, 185^, En- titled '■'■An Act to prescribe the time of holding Elections for Senators in the Congress of the United States froin the State of Georgia. ^^ Sec. I. Be it enacted htj the Genered Assembly of Georgia, That the above mentioned Act be so amended as to apply, in all its provisions, to the Confederate States of America, instead of the United States. Sec. II. Repeals contlicting laws. Assented to December 5, 18G1. (No. 0.) An Act to amend the Cei'tiorari laics of this State. Sec. I. The General Assembly of the State of Georgia do enact. That in all cases now pending, or which may be hereafter pending in tlie Superior Courts of this State, upon certiorari, from any Justices Court, and the Justice or Justices before 11 whom the case was tried, may have died before answering the writ of certioari served, then it shall be the duty of the presiding Judge, forthwith, to order a new trial to be had upon the case in the Court below. Sec. II. All laws conflicting are hereby repealed. Approved December 11, 1S61. (No. 10.) An Act to provide for the asmmytion and imymcnt of the Taxes amssed against the Citizem of this State, by virtue of An Act of the Congress of the Confederate States of America, entitled ''An Act to authorize the issue of Treasury Notes, and to po- vidc a War Tax for their rcdempion ; apinoved the 3 9/// of August, 1S61." Whereas, The twenty-fourth section of the before reci- ted Act of Congress provides, that if any State shall, on or before the first day of April next, pay into the Treasury, notes of the Confederate States, or in specie, the taxes as- sessed against the citizens of such State, less ten per cent- um thereon, it shall be the duty of the Secretary of the Treasury to notify the same to the several Tax Collectors in such State, and thereupon, their authority and duty un- der said Act shall cease ; and whereas, economy, as a pro- per regard for the interest of the tax payers of Georgia, make it the duty of the State to assujiie and pay said taxes. Sec. I. The 'Gevcral Assrmhhj of Georgia do, therefore, enact as foUon-s: That the State of Georgia hereby assumes, and will pay the taxes assessed against her citizens, under the provisions of the Act of Congress of the Confederate States before recited. Sec. II. That so soon as the amount of said taxes shall be ascertained, it shall be, and it is hereby, lunde the dnty of his Excellency tiie Governor, to cause to bo issued the bonds of this State, payable in such sums, and at such time and place, and bearing such rate of interest, not exceeding eight per cent, per annum, as will enable him to raise and obtain the means of paying such taxes, (less ten per cent, thereon) upon the most advantageous terms to the State ; and that when said 12 means of paying said taxes shall be raised, His Excellency- shall cause the said taxes (less ten per centum thereon) to be paid to the Confederate States, under the provisions of the said twenty-fourth section of the Act of Congress afore- said. Sec. III. Repeals conflicting laws. Approved December 11, ISGl. (No. 11.) An Act to alta- the Sixth Section of An Act to amend (he Patrol Lows of this State, approved Febrvary 20th, 1854. Sec. I. Be it enacted htj the General Assemhhj, That the provi- so of the Sixth Section of An Act to amend the Patrol laws of this State, approved February 20th 1S54, be altered so as not to include the county of Dade, and that the provi- sions of said act extend to the county of Dade. Sec. II. Repeals contlicting laws. Approved December 11, ISGl. (No. 1-2.) An Act to extend the time fur the payment of Taxes for the year ISOl. Sec. I. Be it cnactnl hy the General Assembly of tlie Slate of Georgia, Tliat His Excellency the Governor be, and he is hereby authorized and required, to suspend issuing conmiis- sions to Tax Collectors in this State, who may be elected on the lirst Wednesday in January ensuing, until the first day of March next ; and that the tax Collectors for the present yeEr, be allowed until said lirst day of March to make their final paynient to the Treasurer of this State. Provided, nee- criheless, that said Collectors shall be recjcired to pay into the Treasury on the first day of each month, until their ii nal settlement, the ajiiount of State tax collected by them respectively. Approved December 11, 1861. 13 (No. 13.) An Act. to give to the several Justices Conrti^ of this State, juris diction in cases soimding in damages in certain casts. Sec. I. Be itenuctcd, That the Justices Courts of this State, shall have power to try all cases of trespass upon personal property, where the amount claimed does not exceed the ju- risdiction of the Court, and give judgment for Plaintifts for tiie amount of damages that may be proven, under the same rules and regulations in such cases, as in the Superior Courts. Provided, That either party being dissatisfied with the jud- gement of the Court shall have the right of an appeal to a jury, and the same shall be tried as other appeals in said Court. Sec. II. Repeak conflicting laws. Approved, December 9, 18G1. (No. ] 4.) An Act to allow all slaves and free persons of color, who may leave this State in the service of any person in, or connected with the Military Service, to return to the State of Georgia. Sec. I. The Gemral Asscmhly of the State of Georgia do enact, That all slaves and free persons of color, who may leave this State in the service of any person in or connected with the military service, may return to the State of Georgia, and shall not be held liable to the pains or penalties of any law now existing prohibiting their leaving or returning to Geor- gia. Sec. II. All conflicting laws are hereby repealed. Approved December 11, ISGl. (No. \'o.) An Art to Amend the tax laws of this State. Whereas, An Act entitled " An Act to repeal An Act ap- proved February 26th, 1856, entitled An Act in relation to allowing Tax Collectors an insolvent list by the Grand Ju- rors of the several counties of this State, and to amend the ■I various laws for the collection of taxes," assented to De- cember 21st, 1867, has been omitted altogether by the Codo of this State to go into effect from and after the 1st day of January, 1SG2. For renu'dy whereof, Section I. Be it t^acted hy fJif-Gmcral Asscmbhj, That the above and before recited act be, and the same is herebv re- enacted, to take eflect from and after the hrst day of Janu- ary next. Sec. II. Br it furthrr cnaded, That no Collector, Sheriff" or Constable shall receive cost on any Tax fifa, uidess the same is collected from the dei'cndant. Sec. III. Repeals conflicting laws. Approved Decendjer 12, 18G1. (No. 16.) An Act to provide for the manf{f'(icturc and purchase of arms for the public defence, and to appropriate nioncij for the same. Sec. I. Beit enacted by the Gnirral Assoidj/ij, That the sum of three liundred and fifty thousand dollars be, and the same is hereby approjiriated and set ajvirt out of any money in the Treasury not otherwise appropriated, as a fund for the manufacture and purch.isc of arms for the public defence; and should there at any time be a deliciency of money in the Treasury, not otlierwise appropriated, necessary to meet in whole, or in part, as it may be -needed, the said appro- priation, then His Excellency the Governor shall be, and he is hereby authorized, and empowered to issue and negotiate bonds of the State, in siims of five hundred dollars each, payable twenty yetjrs from date, bearing eight per cent in- terest payable semi-anmially with coupons attached, in such amount as may be needed from time to time, to supply such deficiency; which bonds may be radeemed at the option of the State, at any time, after the expiration of five years from the time they are issued; Provided., That in lieu of the bonds provided for herein, the Governor in his discretion, may is- sue apart of said amount in Treasury notes of this State. Sec. II. Be it further enacted, That His Excellency the Governor be, and he is hereby authorized and empowered to procure and purchase all the machinery, tools, imple- 15 ments, and materials necessary to be used in the manufac- ture of arms, such as muskets, rifles, and bayonets, and to pay for the same out of the apprepriation herein made ; and to direct said machinery to be put in operation in the Peni- tentiary of this State ; and to employ such of the convicts therein confined, as may be needed, in the manufacture of the arms aforesaid, under the direction of an Armorer and Superintendent, to be appointed by the Governor, together with as many master workmen, as may be necessary to con- duct said work, at such salaries as the Governor in his dis- cretion may deem proper; and His Excellency the Govern- or is hereby empowered to put such machinery in operation at such other place or places, as he in his discretion may think proper. Sec. III. Be h further enacted, That His Excellency the Governor be, and he is hereby authorized to use from time to time, such part of said appropriation as may be necessary to pay for such arms above specified, as he in his discretion may purchase, and for the purchase of such artillery as may at any time be needed for the public defence, together with all accoutrements and munitions of war necessary to ac- company the same, and as far as practicable, to have said' arms and artillery thoroughly tested and inspected before a purchase is made. Sec. IV. Be it further enacted, That His Excellency the Governor be, and he is hereby authorized to employ one or more competent officers to test and inspect such arms as he in his discretion may purchase, so far as it may be practica- ble to have them tested and inspected; and to pay such offi- cers out of the fund hereby appropriated, such compensa- tion as he in his discretion may deem proper. Approved December 12, 1861. (No. 17.) An Act to legalize the Orders and Judgments of Ordinaries of this State, where the same may he jxissed hy them beyond the lim- its of the same. Sec. I. The General Assembly do enact. That all orders or judgments heretofore passed, or pronounced in granting % Irave to sell land, or other property of deceased persons, by the Ordinary of any county while he is absent in the service of tlie State or Confederate States, where all the le- gal notices required by law have been, or may be given of such intended application, and all legal rc(iuirenients have been, or may be complied with, and, where no objections have been, or shall be filed, shall be deemed, held and taken, as binding and effectual to all intents and purposes, as if the same were pronounced in open Court by the Ordinary at the proper time. Provided, rurerthckss,' that any person who m^y have an interest in the property ordefed to be sold, his agent, attorney or next friend, shall have the right to enter a caveat against the sale of said property, at any time before the sale thereof ; which caveat shall suspend such judgment or order, until all the parties can be heard before the Ordinary in the county in the regular mode of such pro- ceeding ; and any person aggrieved bj'' said order, may at- tack it for fraud in any Court where it may be sought to be used for the protection of the party procuring the same. Assented to, December 13, 18G1. (No. IS.) An Act to iirescrihc thcproq/' in certain cases of open Accowits in the several Courts of this State. Sec. I. Be it enacted, That in all cases of suits on open accounts in the several Courts of this State, where the writ or process has been served personally as the law now directs, on the defendant, and there is no defence made by the party sued, either in person or by attorney, at the time the case is submitted for trial, the case shall be considered in default ; and the plaintiff" or plaintiffs shall be permitted to take verdict, as if each and every item had [been?] proved by testimony. Sec. II. Repeals conflicting laws. • . #^S8ented to, December 13, 18GI. (No. 10.) An Act to levy and collect a Tax for the jfolitical year 1862, and for other imrposes. Sec. I. TJic General Assembly of Georgia do enact as follows : That His Excellency the Governor of this State, with the ■JtL. 17 assistance of the Comptroller General, shall assess on the entire amount of taxable property in this State, such a rate per cent, as will raise an amount of revenue not exceedino- one million of dollars, for the support of the government of this State for the political year 1862 ; any law to the contrary notwithstanding. Assented to, December 14, 1861. (No. 20.) All Act to autliorizc the Justices of the Inferior Courts and Oi- d'marics of the several Counties, to apixnnt some fit and proper Ijerson to open and adjourn said Courts in the absence of an of- ficer to do SQ. Sec. I. Br, it enacted, That from, and immediately after the passage of this Act, it shall be lawful for the Jus- tices of the Inferior Courts and Ordinaries of the several Counties, to appoint some fit and proper person to open and adjourn said Courts in the absence of an officer to do so. Sec. II. Repeals coiitlicting laws. Assented to, December 14, 1861. (No. 21.) An Act to prescribe the term of office of the Jtulgcs of the Su- preme Court of this Slate. Sec. 1. The General Assembhj of the State of Georgia en- acts, That the Judges of the Supreme Court of this State shall hold their offices for the term of six years, and until their successors are appointed and qualified. Sec. II. Repeals conflicting laws. Assented to December 14, JS61. f^ (No. 22.) An Art to amend the Ileramc Laws of this State, and fm- other purposes herein named, WnEUEAs, in the adoption by tlio Lf'gislntnre of 1860, of the Code prepared by a commission authorized by law, 2 several ouiissions and changes iu that law require additioiiul legislation, for the proper executiou of the leveuue laws of this State, fur remedy wliereol, Sec. I. J>' ii f-Hdrfcd^ That tax (jt^Ilectore in issuing //yr/.v to collect State and. County taxes,. shall be allowed a fee of fifty cents on ',\\\ /i/a.t issued for said purpose. Sec. 11. Be it further (luiclal^ That the Act eiitiUed an Act to repeal an Act Approved February 2G, ISoG, entitled an Act in relation to allowing Tax Collectors an insolvent list by the Grand Jurors of the several counties in this State, and to amend the various laws for tlio collection of taxes, having been omitted in the Code, the same is hereby re- enacted. Sec. ill. Ami he it furth<:r enacted, That no Colh'ctors, Sheriff, or Constiible, shall receive coets on a tax fi fu., un- less the same be collected from the defendant. Sec. IV. lie it fiirthr tnnrted, That the 7H2d section of the Code, allowing ihe Comptroller General to pass upon the solvency or insolvency of tax payers of the several counties in this State be re]ieah(l: and that from and after the passage of this Act, whenev(!r the ('omptndlcr (rencral shall be satisfied that a Tax ( "ollector has exercised due dili- irence in his efforts to have his insolvent list allowed bv a Grand Jury or Inferior Court, within the time prescribed bylaw, the said Comptroller GcDeral shall be authorized, if iu his judgment the public interest will not sufler there- 1)V, to wait with the Collectors fifteen, and not exceeding thirty (lays, for said insolvent list, before issuing /ija.i'oY the same. * Sec. V. Ik if ji/rt/ier emiriitJ, That so much of'the r)4(ith and (j4:7th sections of the Code as relates to the tax on Railroads be repealed; and that in lieu of" the same, the Sth section of an Act assented to Decendier I Itli, f^oS, taxing all Railroad Companies one-half of one per cent, upon their jiet annual income, be continued iu force ; and the returns of said Railroad Companies shall hereafter be made to the Comptroller General instead of the Treasurer. Sec. VI. Be it further enacted, That the Inferior Courts of this State, in allowing Collectors their commissions for collecting the taxes levied by their respective counties, be and they are hereby authorized and required to aggregate 19 the taxes for the various purposes levied, and to allow com- missions ou ihe whole amount, in accordance with the schedule from which the Comptroller General is authorized to allQw commisslon.s to CoUeetor.s for collecting the State tax. Sec. VII. Ami JJlicrrax, By the Comptioller Generars Report, it appears tliat a portion of tlie new Code prepared by the Commissioners and by previous Act of the Leo-isla- turc of Georgia, intended to go into ettl'ct on the first day of January, 1S02, is so fi-amed as to destroy the necessary checks and balances between the offices of Treasurer and Comptroller General, for remedy whereof, Sec. VIII. It ifi hcrohij further cnnctrd, That so much of the 96th section of the Code as requires the Comptroller General to give certificates of the amount due from the Tax Collectors and other debtors of the State, before the same has been paid into the Treasury, be repealed ; and that in lieu of the same the Act approved December 5th, 1799, en- titled " an Act further explaining and defining the duties and powers of the Comptndler General," be substituted therefore, and hereafter continued in force ; and that so much of section 89 of the new Code aforesainvharge criminals or nffendr.n against the lav, f'rom Jail, in certain cases, and also to diachar^e Defcndahtu in ctrlain ciiil cases, approved December '2'Mh, 1847. ScCi, I. The General Assembly do enact, That the lirst section of the above recited Act be soaiueuded as to read as follows, to-\vit : That from and after the passage of this Act, when any criminal or olfonder against the laws of this State shall be confined in any of the jails thereof, under a sentence of imprlKOJimcnt for a definite period and until all costs and fines are paid, and the said ci'inunal or oftender, after the time of his imprisonment shall have expired, shall be unable to pay [suchy] fines and costs, or either, it shall and may be lawful for the Justices of the Inferior Court, in their discretion, (the whole Court therein concurring) when such criminal or ofiender agijinst the law may be confined, to discharge \\\n\ from such confinement. Assented to December 14, 18G1. (No. 24.) An Act to alter and Jir the time of the meeting of the Gen- eral Assembly of the State (f Georgia. WnEUEAS, The Constitution of the State of Georgia re- stricts the session of the Legislature to forty days; And Whkkeas, The Legislature can only remain in ses- sion thirty-nine days, in conse([uence of the fortieth day being the Sabbath : Sec. L The General Assembly fflhc State oj Georgia do en- act, That tlie meeting of the General Assembly of the State of Georgia, shall be annually on the first Thursday in No- vember, instead of the first Wednesday, as now required by law. Assented to December 14, 1861. ^ (No. 25.) An Act for the Protection of Soldiers in the service, against judgments, in certain cases. Sec. I. The General Assembly of the Stctte of Georgia do enact as follows : That no judgment which has been obtained, or which may hereafter be obtained in any of the Courts of this State, against any soldier, during liis absence from home in the service of this State or of the Confederate States, «hall be enforced by execution until three months shall have expired from such time of such soldier's discharge from service. Sec. II. That in all cases where any judgment has been or may hereafter be obtained against any soldier whilst he is absent from home in the service of the State or Confeder- ate States as aforesaid, such soldier shall have the right at any time within thre*; months after his discharge, to open such judgment, by making an aftidavit that he was not per- sonally served with process in the case in which the judg- nient was obtained, and that he has a good and subsisting defence against such judgment ; which defence shall be stated in the affidavit; and the issue thus made shall be tried as in cases of illegality. Sec. III. Ivopeals conflicting laws. Assented to l-Ith December, ISOl. (No. 26.) An Act to authorize all Volunteers and oilier troops in the serricc from this State, to vote at all Elections, without ref- erence to the jilacc wheic theij may he in service at the time of such Elections, and for other jairposes. Sec.I. The General Assembly enacts. That all volunteers and other troops, citizens of this fctate, who are now, by law, entitled to vote, or who may at the time of such election, be entitled to vote at any election in this State, except such elections as are not returnable to the Executive De- partment, be and thry are her('l)v entitled to .issenible at such place as they may be stationed at, or in service, and cast their votes as though they were in their proper couir- ties, at such elections. Sec. JI. That at said elections it shall be lawful for any two commissioned ollicfrs of the company, battalion, or regiment, to preside and hold said elections, under the same rules and reirulations that are now prescribed by law for the holding such elections, and moke returns of the same as though tlic said election had been held in the county of the residence of the voters respectively — sending one copy of the list of voters and one copy of the tnlly- shcet to the Clerk of the Superior Court of the county whe1"e the persons voting reside, and one copy each to the Execu- tive Department ; and all eleetlous thus held shall be ac- counted good and valid : Pror iilal th(' returns thereof shall reach the Executive Depaitment within fifteen days after the day of elections. Sec. nr Repeals conflicting laws. Assented to 141h l)ecember, 18(il. (No. 27.) All Act to aiiu/ul the Mil'itanj Liiirs if this State. Sec. I. T/ic (icMtnii Aasoyih/ij of the Slate of Georgia do enact as foUmi-s, to-wit: That all troops, of every charac- ter, now in the service of Georgia, or that may hereafter be called into the service, shall receive the same pay and allowance as that allowed to the Confederate troops; and each company hereafter called into S(>rvice, shall have the same nundjer, rank and file, as tlial recjuired by the laws of Congress and the Army Rcguhitions of the Confederate States; and Chaplain and Snrgei(rr. Sec. I. The General Ansrmbli/ of the State (f Georgia do ciuict, That the purchase and sale of Foreign Exchange, shall hereafter be regulated by the laws of trade. And that all laws or parts of laws heretofoie enacted, which place restrictions upon Foreign Exchanges, be and the same are hereby repealed. Assented to December 14, ISGl. (No. 'M).) An Act to amend an Art cntithd on Art to abolish imprimn- menl for dcht, on certain conditions hrrein set forth, and for other imrposes, assmted to December 11, 18-58. Sec. 1. The General Assrmbhj of Georgia do enact. That the provisions of the second section of the above recited Act, be and the same are hereby extended to all persons arrested under any civil process whatever, mcBnc or final; and that the notice required by said Act to bo given to the Plaintifl', shall be ten days, which shall bo oHected by personal ser- vice. Sec. II. Ami Im if furUicr enacted., Tliut in no event, ex- cept for Providontial cause, shall a contiiiuniico be granted to the Plaintiftiuore tliau one lime, nor shall such continu- ance delay the case for more than thirty days from the day of arrest. Sec. III. -iW bt h j'urihtr iimcttd, That the riaintifl', his Agent or Attorney, shall be required to make affidavit that he has reason to believe that the facts set forth in tlie tender of issue, are true. Sec. IV Repeals oonllicting laws. Assented to December 14, lS(jl. (No. .31.) An Act to jnreir/it Attorneys at Low from practicing in the Courts of t/tis State, irlio/ail to itaytltdr ProJhsitnKd Tax. Sec. I. Be it enacted^ Tliat from and after the passage of tbis Act, wlionevor it shall bo made to appear to any .Judge of the Superior Courts^ that any Attorney at Law practicing in said Courts, has failed to pay his professional tax, or fails to pay his said tax levied according to the laws of this State, and I'xociition has boon issued for the same by the Tax Collector, and returned by the ]>roper ofii('«^r no prop- erty to be found, it shall be the duty of th<' Judge presid- ing in the Superior Court of ilie county in which the same Attorney resides, to cause to be issued a rule by the Clerk of said Court, requiring said Attorney to show cause by the next torvn of said Court, \y\\y he should not be struck from the list of Attorney's, and hiis License to practice declared of no elfect, for his failure to pay his said p|-ofessJonal tax; which rule shall be served by the SlH!rilTupon said Attorney, twenty days bolore the next term of said Court; and if at said term of said Court, said Attorney fails to show sufficient cause, said .Judge shall pass an order striking said Attorney from the list of Attorneys, and declare his license to prac- §5 tice in the Courts of law and equity in this State, null and of no effect. Assented to December 14, ISGl. (No. 32.) An Act to alter the Great Seal of the State of Georgia. Sec. I. The Gnieral Assrmhb/ of Georgia do enact, Tliat S. S. Stafford and G. N. Lester and B H. Bigham be, and they a»*e hereby appointed Commissioners in co-operation with the Secretary of Stnto, to prepare a new Great Seal for the State ot Georgia, and to make all necessary preparations and arrangements to bring the same, as agreed on by said Commissioners, into use. Sec. II. Be it further enacted^ That so soon as the Great Seal is agreed upon and prepared, as provided in the forego- ing section, the Secretary of State shall forthwith use it in- stead of the Senl now in force; and all attestations under the new Seal shall from then thenceforth be valid. Assented to December 14, 1861. (No. ij;3.) An Act to sit upend the Stafnten of Limitatum, and for other jn/r- poses. Sec. I. The General Asftembli/ of the State of Georgia do <:narf, That from and after the passnire of this Act, the Statutes of limitation now in force, be and the same are hereby suspended during the present war. Set. II. Be it further enacted, That in all cases where the statute of limitation has connnenccd to run, the same shall be suspended until peace is dechired b3' the Proclam. - tion of the President of the Confederate States ; at which time it shall commence, computing the time it had already run at the ti.tie of the passage of this Act in favor of any person or persona, or corporation relying on the same. Sec. ni. Repeals conflicting laws. Assented to December 14, ISGl. 26 (No. 34.) An Art foprnvlfir for (he RctJucthm of the Salaries of thr. Offi- cers and Employees of tUt Western and Atlantic Railroad. Sec. I. The General Assembly of Georgia do enact, That the Governor be requested to scnitiiii/e the salaries of the officers and employocs of the AVostern S: Atlantic Railroad: and whenever it can be done with a due regard to tlie best interests of the Koad, a fair iuid proper reduction of the salaries shall he made. Sec. II. Repeals conflicting laws. Assented to December \A, l^Gl. (Xo. ;5:j.) An Act to prercn/, during the existing II ar, Monojiolics, Kxtor- fihm and Speculation in Breadstnffs and othei- Articles .) A./1 ^'ict to (tpproci;, additt and riuiJci of f'orct', la (lie. State of (itor- gia, a rccised Code of T^aw.f, prejKwed umlcr the direction and hy authorUij of tlu: General Assemb/ij thcrroJ\ and /or other ■fnirpnsiH tilt rcioith connccteiJ, asxcnted to D'cembcr 0, 18G0. Sec. I. The (ieneral AssctnUi/ do enact. That the provis- ions of the aforesaid Act, be and tlie same are hereby so amended that the said revised Code of Laws shall go into operation the 1st day of January, I Sli;), and not before. Sec. II. Be k farther tiuicted. That as soon us said Code has been properly publisiied and indexed, the Governor is authorized and instructed to take tiie necessary steps to furnish each member of the present General Assembly with a copy, to the end that he may examine and prepare to de- cide upon the nnirits of the samu, previous to the next meeting of the Legislature. Assented to IGtli December, ISGI. (No. 37.) An Art to J'fmc and fr the manner in which suits matj he inMitu- ted against insiiranrr Companies in thi'A State, and to presrrihe the manner in which sercice shall he effected upon, them. Sec. I. Tlie General Aisemhly do enact, That whenever any person may have any claim or demand upon any Insurance Company having agencies, or more than one place of doing 29 business, it shall be lawful for such person or persons, to institute suit against said Insurance Company, within the county where the principal office of such Company is lo- cated, or in any county where such Insurance Company may have an agency, or place of doing business, [which V] was located at the time the cause of action accrued, or the contract was made, out of which said cause of action arose. Sec. 11. In all such suits, service shall bo eflvcti;d upon such Insurance Company, by leaving a copy of the bill or writ, with the agent of the Company, if any; if no agent should be in the county, then at the agency or place of do- ing business, or where the same was located at the time such cause of action accrued, or the contract was made out of which the same arose. Sec. III. Repeals conflicting laws. Assented to December IG, ISGl. (No. 3S.) An Act to repeal An Act to regulate the. Agencirs of Foreign- Insurance Companies, and to provide for the appointment of an Insurance Commissioner, assented to the 12th of December, 1859. Sec. I. Be it enacted by the Genet nl Asscnihhj, That the Act referred to in the caption of this Act, be and the same is hereby repealed ; Provided, That the provisions of this Act, shall not extend to Insurance Companies located within the United States of America. Assented to December 16, 1861. (No. 39.) «; An Act In authorize GfMrdinns, Trusters, E.rerut/rrs and Admin- istrators, to iuresf in Ciinftulnate State Bands, and in land and negroes. Sec. I. The Genfral Asscmldy of the StaXe of Georgia do enart, That Guardians, Trustees, Executors and Administrators, are hereby authorized to invest any funds held by thcui, as o 30 sJiich Gnar(lians,Trnstoo.s, Executors and Administrators, in the Rorid.s issued by tlie Confcdenite States of Anieriea, or ill Idnds and neirrnes ; Provufal, that an order to that effect be fii'st obtained troni the Judge of the Superior Court, who is liereby authorized to consider and pass sncli ap[)lications either in tenn time or vacation. Sec. II. Repeals conflicting laws. Assenti'd to December Ifi, 1<^01. (No. 40.) An Ad. to mtthor'izr the Prreirer or Receivers ajipoinfed vnder the Scqmstrdfioji Art (f the Coti/eder(ifc States, to bring suit on nil rial ins of Alien enemies, sef/uestnitril in any of the Cdurts of this State, and to maintain all snifs which arc tioiv pending in any of the Courti, and for otJier purposes. Sec. J. lie it enacted, That from and alter the passage of this Ac,t, the Keceiver or Receivers ai^pointed under an^ by virtue of tlie Sequestration Act passed by the Cpn- 1,'ress of tlie Coufoderute States, be and they are ]iertd)y uii- rhorized to sue all se(ju(!strated claims which are not iii ^nn, and maintain and })rosecute all cases which are now pend- ing in any of the Toiirts, and to proceed to collect all judgments, fifas issued from any of the said Courts in favor of said Alien enemies, that have or shall hereafter be seques- trated, in the same manner as the original plaintiffs would have been entitled to have done, proviucd they had not have become Alien enemies; and in -ill such cases, the Receiver or Receivers shall be made a party plaintill", on motion, before he Court, and the name of the Alien enemy sliall be strick- ^rti out and the name of the Receiver or Receivers inserted, *ia all cases now pending, and in all flfas; and that all suits shall be commenced by petition on all sequestrated claims, in the nanie of the Receiver, for the use of the Confederate States, according to the law of this State regulating actions at law or in equity, [and they?] shall be the same as in all other cases in said Court; [and?] the Court in which the judg- ment may be rendered shall have discretionary power as to taxing the costs, according to the equity of each case. .11 Sec. II. Be it further endcted^ That in all cases where tlie said Receiver or Receivers shall iail to recover judgment in any cause, judgment may be signed against such Re- ceiver in his otficial capacity; but no personal liability shall attach to said Receiver, but such costs accruing shall be paid out af the first money raised in said Court out of the sequestration fluids. 8ec. HI. That all costs due to thecliicersof Court on any of said sequestration cascvS, shall be the first money paid ont of the sequestrated fund arising in said Court; And be. it fur- ther inarted. That said Receiver or Receivers may prosecute such claims through any attorney at law whom he may ap- point or employ for such purpose. Sec. IV. And he it finther enacted, That said Receiver or Receivers, or any attorney at law, may sue ont attachment in the name of the Receiver, for the nse of the Coufcderate States, by making the aflidavit as now re({uired by the laws of this State in case of attachment, and the prooeedirjgs shall be the same as in all other cases of attachment. Sec. V. Repeals conilicting laws. Assented to December 16, 3SG1. (No. 41.) An Act to encourage the manufacture of salt within, (hc'limits of the State nj Georgia, and for other purposes. Whereas, The supply of salt, in consequence of the blockade of the ports of this State, is exceedingly limited, and nnich inconvenience must result to the people unless measures are afforded to manufat turers of said article. Sec. I. Be it enacted, That his Excellency ^he Governor of this State, be and he is hereby authorized to draw his war- rant upon the Treasury of tliis State, for the sum of fifty thousand dollars ; which said sum, in his discretion, shall be advanced without interest, to any Company or Cor- poration, which has been or may hereafter be established in this State for the manufacture ol salt: the advance so made to be secured to the State by mortgage, or otherwise, and to be refunded to the Treasury aforesaid, at such time :}2 or times, as may be desiguatod by the said Governor after peace shall have been restored between the United States and the Confederate States of America. Sec. II. Jk it fiirtin r iiwctiJ^ Tiiat ilio Governor is liej'eby authorized to draw his warrant, or several warrants, upon the Treasnry of Georgia, in favor of such persons or Corjx)- ration.s as may be engaged, or may hercaftor engage in the manufacture of salt, not to exceed in all the simi of fifty thousand dollars ; and the Governor may draw lor any part of said sum, in favor of any resjionsiblc parties or corpora- tions, in sums as may be, in each case, agreed u[)on; Provided, that iji each case, before ihe san)e shall be drawn from the Treasury, good and sufticicnt security .shall be given by the pitrty or corporation in whose favor it shall be made, in bond or mortgage; the sufficiency of the securi- ty to be judged of by the Governor, and the time of repay- ment to the State to be likewise stipulated by his Kxcellen- cy ; FroriJfjd, that no interest shall be charged on the sum or sums so advanced. Sec. ITT. Repeals contlicting laws. Assented to December 16, ISGl. (No. 42.) An Ax:t to add an additional Section to the VcikiI Code of Geor- gia. Sec. I. The General Assembly of Georgia do rnact as foUofivs: That the following shall be and is hereby added as a twelfth Section of the fifth Oivision of the Penal Code of this State : The wilful or malicious burning, or attempting to burn any Railroad Bridge within this State, (otherwise than un- der the order of the Governor, or some military officer of this State or of the Confedeiate States, during the continuance of the existing war,) shall be deemed and adjudged Arson, and shall be pimislicd \\ ith death. Assented to December 10, isGl. 33 (No. 43.) A?K Act to amend An Act nitithd An Act to authorize the settle- ment of crim'nial inonecutions in certain, cases, and to >ecrulafe more particvlarh/ the duties of the Aftornfj/ and Solicitors Gen- crnl, and fix their liahi/it/cs, apjirorrd Fehniartj 22d, 1850. Whereas, By the fourth Section of the above recited Act, the Attorney and Solicitors General are prohibited from de- manding or receiving any fee, or cost, on any criminal case which has not been tried. by a, Petit Jury, except such as are provided for in the lirst Section of said Act, whereby the Attorney and Solicitors General are deprived of the cost in all cases settled under the third Section of said Act, as well as in all cases finally disposed of without ffoins: be^ fore a Petit Jury, by the defendants placing a demand foi trial upon the mi'iiutes, or otherwise, for remed}' whereof, Sec. I. Be it enacted. That the fourth Section of the above recited Act, be so amended as to read as follows : Any At- torney or Solicitor General who shall demand or receive any fee, or costs, on any criminal case which has not beau tried by a Petit Jury, or otherwise finally disposed of, shall be guilty of a misdemeanor; and on conviction shall be pun- ished by a fine or imprisonment, at the discretion of the Court. Assented to December 16, 18(31. , . (No, U,) An, Act to authorize Married Women to deposit moneij in aiy Savings Bank oj- Institution )ioir chartered, or which maufikre- ,. Sl(t^bci;hqrtcred hij this State, and fur ot)ier imr poses therein metitioned. Sec. I. The General Asscmhlij of the Siah- of Georgia do enact m fdlmr:^: That it sjiall and may be lawful for any married woman to de[)o8it iu any of the Savjaigs P»auks or institutions for Savings, now chartered in the State of Georgia, or which may hereafter be chartered in said State, any sum or sums of money, the proceeds of her own labor, or that of her children, less than one thousand dollars taken ^ 34 ill the aggregate, and to control, draw for, dispose of, de- vise, or transfer in any way whatever, the sum or sums thus deposited, in every respect, as if she were not a married woman. Sec. II Repeals conflicting laws. Assented to December IG, ISdl. (No. 45.) An Art to add an additional Sertio/i (n thr Tenth and Thir- teenth Divisions of the Penal Code of this kStatc. Sec. I. Be it enacted, That from and after the passage of this Act, the following section shall ho added to the tenth tUvision of the Penal Code now of force, and shall be part thereof: Any white woman, within the limits of this State, who shall live or cohabit with any negro slave ox free person o( color, xhall he guilty of adultry or fornication, as the case may be, and be indicted for the same ; and on conviction, shall be fin«!d or imprisoned in the common jail of the coun- ty, or both, at the discretion of the Court; and said slave or free person of color, so found living or cohabiting with any white woman in this State, shall be im})risoned for one week, in the county jail, and receive, during said week, thirty- nine lashes on his bare back, on three several days during said week; and the owner of said slave shall pay the expenses of said imprisonment and correction of said slave ; and if a free person of color, his Guardian shall pay all of said expenses and costs. St^c. II. Be it further enacted, That from and after the pass- age of this Act, the following shall be added as an addition- al section of the thirteenth division of the Penal Code, to- wit : That if any slave, or free person of color, shall wilfully destroy, or in any manner hurt, damage, injure, or obstruct, or shall aid and assist in any way whatever, to hurt, dam- age, injure, or obstruct, any railroad bridge in this State, or any branch thereof, or any bridge connected therewith, 35 or any vehicle, edifice, car, carriage, or engine, of any of said railroads ; or shall, without the consent of the Com- pany, move, or interfere or meddle with any gate, switch, sidling, or other appurtenance to any such railroad, such slave or free person of color so ofiendiu"-, shall and may be indicted ; and on conviction, shall be pun- ished by death. Assented to December IG, 1861. (No. 46.) An Act to jirevent Tradi/ig with the Enemy in time of fVar, within this State, or a Port oj'anij other State. Sec, I. Be it enacted, That from and after the passage of this Act, it shall be unlawful for any person to send or car- ry, to sell, or offer for sale, in any port, city, town, or other place, within this State, whilst the same is in possession, or under the control of the enemy of the Confederate States, or the State of Georgia, any cotton, grain, provisions, or other article of trade, and merchandize of any kind, or shall send, or cause to be sent out of the State, with the in- tention of carrying, or sending to sell, or offer for sale, any such article, at any such ports or places. And any person who shall, directly or indirectly, violate the provisions of this Act, shall be deemed guilty o.f a felony; and on convic- tion thereof, shall be punished by imprisonment in the Pen- itentiary, for a term of not less than two years, nor longer than ten years. Assented to December IG, 18G1. (No. 47.) An Act to juovidc for the appointment of new Assio-nees and Trustees m certain coms. Sec. I. Be it eimcted. That in all cases of assignmcDts for the benefit of creditors, heretofore or hereafter made, 36 find in all cases of any trust, wlipre the sole or purviving Trustee or Assignee shall have departed this liie, or re- moved beyond the jurisdiction of the Courts of this State, the Superior Courts of the several counties in this State, shall havi! full power and authority, when sitting, either as a Court of law or ecpiity, upon the [tetition of two -or more of the parties interested in .such assignment or trtret, and on such notice as the Court shall direct, in a summary manner, to appoint a new Trustc(! or 'I'rnstco.s, in the place and instead of such dccfased or non-resident Trastee ; and such new Trustee shall have all the authority, and be sub- ject to all the pains and [>ei»altii* of such deceased or non- resident Trustee or Assignee ; and all laws or enacpnents shall hi\ as applicable, and in as full force, in respect 'to the new, as the old Assignee or Trustee ; and said Court, being hereby authorized, in its discretion, to rerpdre bond and security of such Assignee or Trustee. Sec. XTI Kcpeals conflicting laws. Assented to December 10, isdl. (No. 48.) An Act to jtrcsaihc the Bond of Tax Receiver (ind Collector y avd for other yur poses. >\ Sec. I. The (rt'jirrdl jlssemhly of (hnrfr'in do mart, That the bonds to be recjuired of the Tax Keceiver and Collec- tor, shall be those heretofore required of the Tax Collector; and that the laws heretol'ore enacted in reference to the bonds of Tax Collectors, shall apply to the bonds to be given by the Tax Receiver and Collector. Sec. II. Be it further enacted, That whenever the Tax Ke- coivcr and Collector shall resign, after having discharged any portion of his duties, he shall receive compensation in proportion to the labor performed ; and in case of the death of the said Tax Receiver or. Collector, after having per- * formed a part of his duties, his representatives shall be en- titled to receive compensation in proportion to the labor performed — to be determined by the Comptroller General. '; Assented to December 16, 1S61. ;ti]ii>jiiiy reason whereof much wrong and injury is likely to happen to citizens of this State, — for remedy whereof. Sec. I. The (ininaJ AuMinh/i/ do enact, That in all suits or other legal proceedings, whether at law or in equity, and whether the same are now pending, or shall be hereafter instituted, it shall and may be lawful for the presiding Judge in the trial of all such cas(>s or proceedings, so to relax and change tlie rules of evidence, as to him nuiy seem best, and most to promote the ends of Justice ; and to admit and al- low such proof and testimony as the nature of each case may require. Sec. II. All conflicting laws arc hereby repealed. Assented to December 16, 18G1. (No. ry2.) An Act to jnoride for the xoj'rfy of jiidjinfy or funds ni the handi of Guardians, Administrators or Administratrix, ^f. Sec. I. Be it rnartcd, That from and after the passage of this Act, it shall be the duty of the Ordinaries of the several counties of this State, whenever it comes to their knowledge, either by annual returns, or otherwise, that the bond and securities of any Guardian, Administra- tor, or Administratrix, is not of sufficient amount, (or other- wise in his judgment iusufticient) to be of double the amount oftheproperty or fundsin handof any such Guardian, Admin- 39 istrator, or Administratrix, it shall be the duty of said Ordinary to give notice to said Guardian, Administrator, or Administratrix, to come forward at the next term of the Court of said Ordinary, and give additional security to said Ordinary, or give a new bond with good securities ; and on failure to do so, said authority of said Guardian, Adminis- trator, or Administratrix, shall cease; and said Ordinary shall appoint, in terms of the law, a Guardian, Administra- tor, or Administratrix, to take the place of said deiaulting Guardian, Administrator, or Administratrix. Sec. II. Repeals conflicting laws. Assented to Deceml)er 17, ISOl. (No. 5S.) An Act for the relief of the siveral Bavls in the State of Georgia, which have made advances to the State, tqion Bo/ids or other Contracts', and for other jrurjioscs. Whereas, Several of the Bunks in this State have made advances to the State of Georgia, under the Act of J S60, for the purpose of "providing for the common defence of the State of Georgia, and to appropriate money for the same ;" whicli several advances, amounting in the aggre- gratC, to the sum of eight hundred and forty-two thousand and five hundred dollars, were made by said banks, in part in Bonds of the State, bearing s^\\ per rent, interest pc? an- vum, and upon an agreement with His Excellency the Gov-*' ernor, that he would reccommend to the General Assembly the payment of seven prr ^^«^ on said advances ; and where- as, \t\sennnent\y jxiHt and proper that the said Banks should receive the sum of seven jirr cent, on said advancements. Sec. I. Br it therefore enacted, That His Excellency the Governor, be and he is hereby authorized and directed, to take up and cancel the Bonds of the State of Georgia, bear- ing six per cent, interest, which have been issued to the banks of this State for ther advances, and also the receipts, or other agreements, which may have been entered into with such banks as have made advances to the State without re- ceiving bonds, and that he cause to beissued and delivered in lieu thereof. Bonds of the State of Georgia, bearing seven per 40 frrf^ interest p/r annum, with ooupoiis tor ihe iutorest tliere-. on, payable semi-annually, — said bonds lo bu ledccinable at the expiration of twenty years from the date ot said advan- ces, and with xho. riirlit to the State to redeem said bonds, at her option, at any time after the expiration of live years ironi their date, upon the }»ayment ol })riucipal and inter- est — said bonds to be delivered to the several banks, accord- ing to the amounts respectively a(h anced by them ; and in all cases where the interest has been paid, no coupons shall issue for the amount so paid. Sec. 11. Repeals conflictintr laws. Assented to December JO, IbGl. (No. o4.) An Art to aulhimze the SuiuriHtnuh itt of tin Wcattru ^'Athmtlc Railroad of this Sfofr, to issue change liil/s, and for other jjurposes. <^c. I. The General ,^hseiii/jly of Georgia do v,)mct , us Jol- lou-s : That the Superintendent of the Western & Atlantic Kail road of this State,, be and he is hereby authorized to is- sue and put in circulation, change bills of the denomina- tion of one dollar, fifty cents, twenty-live cents, ten cents, and live cents, the aggregate amount of which shall not exceed the sum of two hundred thousand dollars ; which bills shall be signed by the said Superintendent and coun- tersigned by the Treasurer of said lioad ; rrovidtd^ that the auiount ol said change bills ol the denomination of one dollar, shall not exceed the sum of tifteeu thousand dollars. Sec. Jl. Said change bills shall be redeemed by said Treas- urer in current bank notes, whenever presented in sums of live dollars or upwards ; and for the ultimate redemption of the change bills which may be issued as aforesaid, the said Western &. Atlantic Railroad, its fixtures, pro[>erty and rev- enues, together with the faith of the State, are b^teby pledged. •»,<«« jt »..»t* .*♦»'%>»»'> M)j*r»i Sec. III. And be ll farther enacted, That the Bills SO issu- ed,, shall be upon such paper as is now used by the Banks of this State, or the best paper that can be procured. 41 Sec. IV. All change bills issued under the provisions of this Act, shall be, and are liereby made receivable in pay- ment of taxes, and all other dues to the State, as well as dues to said Western & Atlantic Railroad. Sec. V. Any person v^'ho shall alter, or counterfeit any change bill issued as aforesaid, or shall knowingly pass, or utter any change bill so altered or counterfeited as atbrcsaid, shall be gnilty of a felony ; and on indictment and con- viction th«Mvof, the ofleuder shall be punished by confine- ment and labor in the Penitentiary of this State, for a time not less than two, nor longer than ten years, at the discre- tion of the Court. Sec. VT. And he it further e/n/rtcd, That for a violation of any part of this Act, the persoii or persons violating the same, shall be guilty of a felony ; and on conviction shall bo imprisoned in the Penitentiary ior a term not less than two, nor more than tea years ; Proridetl, it shall not be a vi- olation of the provisions of this Act, for the Agent, or Su- perintendent, or Treasurer, to furnish at his discretion, change bills for current bank bills, when it is desired for change. Sec. VII. The said Superintendent shall have a register kept of all change bills issued under this Act ; which regis- ter shall contain tlie number and amount of each change bill issued ; and shall at all times be subject to the inspec- tion of the Governor, or any committee of either branch of the Legislature. Sec. VIII. Be it fart her enacted, Provided, the authority to issue change Bills under this Act, shall cease and detemiine, 80 soon as the payment of specie shall be assumed by the Banks of tkis State. Sec. IX. Be it fmthcr enacted, That the Superintendent of the WestcTu & Atlantic Railroad, be required, on de- mand, to furnish to the Treasurer of each county in the State', as much as five hundred dollars of change bills, in exchange for run'cnt Bank bills. Sec. X. Repeals conlliciing laws. Assented to December 17, 1S61. 4M* (No. 65.) An Act to authon::e the Justices of the Inferior Court of the Comities ff Fioyd, Bartow, Chatoatrn, Decatur, Cobb, aiul Burke, and ani/ other Counties of this State, to issue Bo/ids, n?id borroir mount, in certain cases. Sec. I. 77/0 (inirrnl Assembly of (xeorvia do (iinct, Thar the Justices of the Inferior Coart, or a mBJority of them, of each of the a])ove named counties, or any other counties of this State, are ]i«'reby anthorizetl to issue Bonds of the county, and horrow money, for the purpose of raisiirg means to equip volunteers and support the families of in- digent volunteer, who are absent in the army, or who may liave been killed, ov died m the service, or who may have been wounded or disabled in the service, and for any other county purposes, so far as relates to the county of Burke as the Grand Jury of said county of Jjurke may, from time to time, recommend. Sec. IT. The Goieral Assembly do further enact, That the Justices of the Inferior Courts of Decatur county be, and they are hereby authorized, to raise money from the sale of County Bonds, to meet present emergencies in equip- ing and supporting soldiers from said county, and to pro- vide means for the support of the needy families of soldiers in service : this Act to continue in force until peace is de- clared. Sec. III. Br it further eiuicled, That all laws, and parts of laws, militating ag!iinst this Act, be, and the same are hereby repealed. Assented to December 17, 18G1. (No. 50.) An Ad to IrcraUze the action of the Palace Mills Company of Columbus, in issuing change bills, and lo legalize the issue of change bills by otheis, oji certain, conditions. Whereas, Heretofore, to-wit: on the 26th of October, 1S61, Randolph L. Mott, President of the Palace Mills Com- pany, of the city of Columbus, at the request and solicita- tion of many citizens of said city, did issue and put in cir- culation change bills, for the convenience of the citizens of 43 Columbus, as there was a great scarcity of silver change ; A7id Whereas, the issue of said change bills and the circula- tion of the same, was contrary to the Statutes in such cases made and provided : Sec. I. Be it enacted, That the change bills issued by the Palace Mills, of Columbus, and signed by R. L. Mott, Presi- dent, and dated 2Gth of Oct., ISGl, and put in circulation, that said issue of change bills are hereby made legal, and the property of the vsnid Palace Mills and all the property of the said R. L. Mott, is and are hereby made liable lor the re- demption of said change bills; and that the saidPalace Mills and Randolph L. Mott are hereby required to redeem, on presentation, and destroy, so as not to put in circulation again, the said change bills. Sec. II. And be it further enacted, That said Palace Mills and Handol})h L. Mott, its President, are hereby released from any penalty for and on account of issuing and puting iu circulation the said change bills dated on the 26th of Oc- tober, ISOl, any law to the contrary notwithstanding; and that the provisions of this Act be extended to all individu- als and Corporations who have issued and put in circula- tion change bills, upon their redeeming all such bills as may have been issued; Provided, that no Corporation or person shall be relieved from the pains and penalties of the existing laws, who shall fail or refuse to redeem the change bills heretofore issued by them, when presented ; Provided further, that this Act shall not be so construed, as to authorize said Randolph L. Mott, or any other person or corporation, to issue any other change bills, or to re-issue those which he or they may redeem. Assented to December 17, 1861. RESOLUTIONS » Of Public Interest, adopted l>y the late General Assembly. (No. 1.) Jtejfuhcd, That the Comptroller is hereby directed to issue such instructious to Tax Collectors throughout Georgia, as will prevent all further proceedings for the sale of lands heretofore held by persons now alien enemies, un- til after the General Assembly shall have taken further ac- tion on the subject. Assented to December 14, ISCl. (No. 2.) Whekeas, By a Joint Resolution of this General Assem- bly, the Comptroller General is directed to issue such in- structions to Tax Collectors throughout Georgia as will prevent further proceedings foi' tlie sale of lands heretofore held by alien enemies, ujitil after the General Assembly sliall jjave taken further action on the subj«'ct. A/id IF/icnas, The above stated Resolution does not direct the Comptroller General how to settle with Tax Collectors when they wish to make their final settlement and obtain a lull receif)t, for remedy thereof, Be it further Jtrsoka/, By the General Assembly of Geor- gia, That, upon any Collector producing to the Comptroller General a certificate from the Inferior Court of his county, stating the naiiu; or names ol the alien enemies whose land is now subject to be sold for taxes, and further certifying the amount of State tax due on the same, the Comptroller Gen- eral, if satisfied that the amount stated is correct, is hereby authorized to allow the Tax Collector credit for the same, on his account, together with any reasonable advertising fee which said Collector may have paid for advertising said lands; and that such settlements be ent(M-''l on the Comp- troller's book, in the same manner that settlements now made with the Tax Collector are entered on the Books of said office. Assented to December IG, 1861. 45 (No. 3.) Resolved, By the General Assembly of Georgia, that the Governor be, and he is hereby authorized and instructed to tender to the Confederate Government the volunteer forces called into service under tlie law of! SCO, or which may hereafter be called into service for tlie State defence, in com- panies, battalions, regiments, brigades or divisions, as may be found to be acceptable to the War Department of the Confederate States; Provided^ That the Confederate States will receive them for the term oi their enlistment and for local defence in this State, under the act ofCongress to pro- vide for local defence and special service, approved August 21, ISGl ; And iirovidcd frirthcr, That, if the Confederate States shall not accept said troops, in that event the troops shil^ remain in service as State ti*oops, under the terms of their enlistment ; Aiid provhhd farihcr, That such tender shall be made, so for as tlie troops now in the State are con- cerned, before the 15th day of January next, and before a greater sum than one million of dollars is raised or ex- pended as provided for in the 20th Section of the general appropriation bill ; And 2)rnridcd further, That none of said troops shall be transferred to the Confederate service with- out their full consent, first fiirly obtained, by companies, if organized as independent companies, by battalions, if organ- ized in independent battalions, or by regiments if organized in regiments. Be it further Resolved, That we earnestly recommend the Confederate Government to receive said State forces, should ' they assent, with all their field and general officers; and, if there be no law now authorizing such acceptance, we re- spectfully request our Senators and Representatives to urge the passage of a bill to effect so desirable an object. Assented to December 16, 1861. (No. 4.) Whkreas, The Ports of the Confederate States of Ameri- ca are now blockaded, or attempted to be blockaded by the Government of the so-called United States ; And Whereas, r 46 said Confeiierate States are not now receiving any revenue in consequence of said attenipU-d blockade : Be it thrrfurc IlcsohcJ, That the .State of Georgia in Gen- eral Assenibly met, do urge her Representatives in the Con- gress of the Confederate States, to exert their influence to open thr I'orts of the Confederate States, free, of duty, to all friendly natioun, during the existence of the War be- tween the Confederate States and the so called United States. Assented to December 16, 1861. (No. 5.) Rcjtolred, Ist. The Senate concuring, That this General Assembly deems it due to the sovereignty of Georgia, to de- clare that Georgia asserts her ancient, paramount right of original proprietory interest and title in and to all the lands within the limits of the State ; and that she will not permit her present attitude and action, or any action upon the part of any power, to be construed against her in the future as a precedent calculated to show, in the least, that she has, in anywise, yielded this great right. Georgia therefore en- ters her solemn ie([uest of record, that the Sequestration Act recently passed by the Provisional Confederate Congress, shall not be so proceeded upon, or so construed, as to raise any question as to the sovereign rights oi' the State overall of the lands within her limits. Resolved, 2d. That the laud heretofore held by persons now alien enemies ought not, at this time, to be sold for any purpose; but that the same should lie as it now does, sub- ject to the sovereign, paramount right Georgia has in and to the same. Resolved^ '3d. That a copy of these Resolutions be trans- mitted to our delegates in the Provisional Confederate Con- gress ; and that the same be also transmitted to the Sena- tors and Representatives of Georgia in the Confederate Con- gress. Assented to December 16, 1861. «t 47 (No. 6.) Resolved, by the Senate ami House of Representatives of the State of Georgia in General Assembly met, That it is the sense of this General Assembly, that the separation of those States now forming the Confederate States of America, from the United States is, and ought to be final and irrevocable; and that Georgia will, under no circumstances, entertain any proposition from any quarter, which may have for its object a restoration or re-construction of the late Union, on any terms or conditions whatever. ResolveiL That the war which the United States are wag- ing upon the Confederate States, should be met on our part, with the utmost vigor and energy, until our independence and nationality are unconditionally acknowledged by the United States. Resolved, That Georgia pledges herself to her sister States of the Confederacy, that she will stand by them thronghout the struggle — she will contribiite all the means which her resources will supply, so far as the same may be necessary to the support of the common cause, and will not consent to lay down arms until peace is established on the basis of the foregoing resolutions. Approved December 11th, I SGI. m * '4 INDEX. 1. Savannah Banks may move to Id) :'i<>. Icriur. '^~ ■ 2. City Cxuncil of Anjjusfa may is- sue TrtHKnry Nol»'S. 3d. :{. Levy of County VViirTax, Ac. 4. Stay Laws < xtendcd. ;i!). 5. Bank bunpeusiou continueJ. ' n. Tax Collectors. 40. ^ 7. Offices ot Tax Collector and Re- 4J. • ceiver consoliJated 42. 8. Election of Senntors in Congress 9. Certiorari Laws amended. 4'^. 10. Confederate War Tax. 44. 1 1. Patrol Laws. 12. Payment of taxes by Tax Collec- -1.'). tors 46. 13. Juri.sdiction of Justices' Courts. 47. 14. Slaves may return to Georgia Irom Army. 48. I.'). Tax Collectors. 4;». 16. ManufacMireof Arms by State, &c. 5(t. 17. Judgments by Urdmariea. 51. l.S. Suils on open accounts. VJ. Levy and collection of Taxes for 52. 1861. 20. Adjournment of Inferior Courts 53. and Courts of Ordinary. 21. Term of oHice of Judges of Su 54. preme Court. 22. Amendment of Code. Tax Collec- 55. tors, &c. 2X Discliarge of Criminals from jail 56. 24. Meeting of General Assembly. 25. Judgments against Soldiers in ser- vice. 26. Soliliers in service may vote. 27. Pay and allowance of Ga. Troops. 1. 2ri. Continuance of cases during the 2. war. 3. 20. Toieisn Exchange. 31). Imprisonment for debt. 4. 31. Attorneys at Law. 32. Great Seal of the State. 5. 33. Stritnte of Limitations. 34. Salaries