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Full text of "The code of the state of Georgia : adopted December 15, 1895"


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THE UNIVERSITY OF GEORGIA 



LAW LIBRARY 



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UNIVERSITY OF GEORGIA LAW LIBRARY 



3 8425 00480 0590 



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THE CODE 



OF THE 



STATE OF GEORGIA 



ADOPTED DECEMBER 15th, 
1895. 



PREPARED BY 

JOHN L. HOPKINS, CLIFFORD ANDERSON 
AND JOSEPH R. LAMAR. 



VOL. I. 



ATLANTA, GEORGIA: 

THE FOOTE & DAVIES COMPANY, 

Printers and Binders. 

1896. 



KFGSbO 

A A3 
V.I 

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Entered according to Act of Congress, in the year 1896, by 

THE STATE OF GEORGIA, 
In the office of the Librarian of Congress, at Washington. 



PEEFACE TO THE OKIGINAL CODE. 



By an Act of the General Assembly, assented to December 9th, 1858, provi- 
sion was made for the election of three commissioners, "to prepare for the peo- 
ple of Georgia a Code, which should, as near as practicable, embrace, in a con- 
densed form, the laws of Georgia, whether derived from the common law, the 
Constitutions, the statutes of the State, the decisions of the Supreme Court, or 
the statutes of England of force in this State." 

David Irwin, Hon. Herschell V. Johnson, and I ver son L. Harris were elected 
commissioners, under the provisions of this Act. The last two named declin- 
ing the position, His Excellency Governor Brown supplied the vacancies by 
the appointment of Thomas R. R. Cobb and Richard H. Clark, who were also 
elected by the legislature at its session next after they were appointed. 

Thus organized, the commissioners commenced the work assigned them. 

Looking alone to the words of the Act, the object contemplated by the legis- 
lature swelled into a project the magnitude of which would have deterred the 
boldest adventurer, if its accomplishment did not strike his mind as being ut- 
terly 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 fundamental 
principles of our jurisprudence, from whatsoever source derived, together with 
such legislative enactments of the State as the wants and circumstances 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 fill 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 suc- 
cess ; but to attain it as near as possible, they have spared neither painstaking 
nor labor. How far they have succeeded in their effort, is submitted to the 
judgment of a generous profession and a generous public. 

The Code is divided into four parts, as follows: 

PART I. — The Political and Public Organization op the State — Which 
treats of the boundary, divisions, and subdivisions of the State, and the mu- 
nicipal organization and regulations thereof. 

PART II. — The Civil Code — Which treats of rights, wrongs and remedies. 

PART III. — The Code of Practice — 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. — Penal Laws — Which treats of crimes and misdemeanors, trial 
and punishment, and 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 government of the 
penitentiary. Third — Penal Code for slaves and free persons of color. 



iv PREFACE, 



In the preparation of this work, the commissioners have endeavored to ar- 
range the various subjects under appropriate Titles, Chapters, Articles, and 
Sections, except the Penal Code, in which, for the purpose of convenient refer- 
ence, 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 a 
legislative committee, was submitted to the legislature, and on the 19th of 
December, 1860, was "adopted as the Code of Georgia, to be of force and take 
effect on the 1st day of January, 1862. " 

The adopting statute further provided, that all laws and resolutions of a pub- 
lic and general character, passed at the session of the legislature in the year 
1860, and also the laws of Georgia having reference to the city of Savannah, 
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 provisions. 

On the 18th of March, 1861, a convention of the people, then in session— 

Resolved, That in the publication of the Code, it should be made to conform 
to the government of the Confederate States, instead of the government of the 
United States, from which Georgia had then but recently seceded, and also 
that the Constitution of the Confederate States should be published as part of 
the Code. 

A compliance with these 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 publishers to state that the typographical 
errors which appear in the book are mainly attributable to the frequent change 
of printers during the progress of its publication, resulting from the excited 
and unsettled state of our national affairs. No less than eleven printers, who 
were at one time or another engaged in printing this Code, are now in the 
service of the Confederate States. 

The errors alluded to have been corrected in an Errata, which will be found 
at the end of the index, and to which the special attention of the reader is in- 
vited. 

Many of the rules of the Supreme and superior courts, having been super- 
seded by legislative enactments, and decisions of the courts, and others being 
embodied in this Code under appropriate heads, it is believed that the rules of 
both courts should undergo a revision by the proper authorities, and therefore 
they are omitted in this book. 

As constant references 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 copious 
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 labors, 
and ask for it a patient examination, 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, we can but regret it. 

DAVID IRWIN, 
THOMAS R. R. COBB, 
R. H. CLARK. 



PREFACE. 



REPOKT OF THE COMMITTEE. 

To the General Assembly of the State of Georgia: 

The committee appointed under the resolution of the last session of this 
General Assembly (assented to 16th of December, 1859) to meet the commission- 
ers appointed under an Act to provide for the codification of the laws of Geor- 
gia (approved 19th of December, 1858) at the capitol in Milledgeville, at least 
twenty days before the meeting of this present session of the General Assem- 
bly, for the purpose of revising and fully examining said Code, respectfully 
report that they have discharged the duty devolved upon them by said resolu- 
tion, and the following is the result of their investigations: 

Referring to said Act of the 9th of December, 1858, your committee find that 
it was made the duty of the commissioners thereby appointed, to prepare for 
the people of Georgia a Code which shall, as near as possible, embrace in a 
condensed 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 
as in the revision and examination of said Code, they caused each and every 
section thereof to be 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 mingling together in condensed and intelligible form the common and 
statute laws, constitutional provisions, and court decisions, and thus to place 
the whole 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 purposes as to define in intelli- 
gible form and language, out of the body of the great system of the common 
law existing time whereof the memory of man runneth not to the contrary, 
mischiefs and rights, duties and obligations, and to present in intimate and 
close connection therewith constitutional and statutory provisions, and the 
judicial exposition and construction thereof for their redress and enforcement, 
is of rare, if not in the Code now presented of original occurrence. Your com- 
mittee intended to say that it has not been before so extensively attempted, 
that the citizen should be referred to the whole embodiment of the law in a 
single volume to be exactly informed what are his rights in any and every ex- 
igency, 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 ac- 
complishes this great desideratum, it must and will commend itself to public 
approval and acceptance. As your committee have said, in the discharge of 
the duties devolved 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 members, its sections were discussed, canvassed, and amended, en- 
larged and restricted by a vote of the majority ; and your committee will add, 
that the codifiers themselves, being present, with scarce a single exception, 
approved, acquiesced in, and adopted all such suggestions, alterations, modifi- 
cations, enlargements, or restrictions, as your committee thought proper to 
make. 



Vi PREFACE 



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 
responsibilities thereby incurred, especially if their further suggestions shall 
receive legislative approval, they do not hesitate, with entire unanimity, 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 discharge of their duties, the thoughts of your com- 
mittee 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 member of the legislature, has, 
on the one hand, pressed strongly upon us, while on the other, the utter impos- 
sibility of canvassing and considering, within any reasonable period of time, 
the four thousand paragraphs embraced therein, has presented an obstacle al- 
most, 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 unques- 
tioned 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 say 
the very least, more than all the time thus limited. 

In the opinion, then, of your committee, to read without 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 led to refer to the precedents set and acted 
upon by your sister States under similar circumstances. So far as such prec- 
edents will sanction and justify the recommendation to which they are led, 
they have been pleased to find that, in almost every State, revised Codes have 
been adopted by a simple legislative act, such as your committee offer with 
this report, and upon the action and report of a committee, leaving other con- 
siderations, amendments and discussions, of course, to the power and wisdom 
of the legislature after publication. 

"With the exception of Virginia, your committee believe that the action of 
the States has been uniformly such as they now recommend. In that State the 
other policy was pursued. Each section of its Code was subjected to a thor- 
ough revision, and separate adoption by its whole 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 constrained to 
suggest, compare most favorably with this Code of Virginia. 

Your committee believe that they could give satisfactory reasons for the 
opinion entertainod, that the labor, time and money which might 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 new Code now presented were a new system of jurisprudence, or had 
the commissioners attempted to graft upon our system any new features ex- 
tracted from others, and unharmonious with our own, or even if alterations in 



PREFACE. vii 



a well-defined public policy had been attempted, your committee would have 
paused, and hesitated to recommend the mode of adoption suggested, without 
at least calling the special attention of the legislature to such new and essen- 
tial changes. 

But at an early stage of our revision and examination, the codifiers an- 
nounced 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 conflicting 
decisions of the courts ; to reconcile actual and apparently discordant legisla- 
tion, 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 discov- 
ered 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 efficiency, 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, accom- 
plished these and like ends, has won for the Code, as an entirety, their cordial 
and unanimous approval. Your committee will not conceal that some partic- 
ular sections and provisions have not met this unanimous concurrence. When 
differences arose, careful and anxious consideration and discussion followed, 
and minorities did not hesitate to yield — all being satisfied that, as a whole, 
the Code was entitled to, and should receive, their unanimous and unqualified 
approbation and recommendation. 

Your committee fully believe that such would be the result of any examina- 
tion 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 subject 
of much interest and importance. Its plan and structure accompanies this re- 
port. A reference thereto will render most manifest the necessity, in the pub- 
lication, of rigidly adhering to the plan. The numerical order of its para- 
graphs, 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 the high- 
est 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 first 
of October, 1861, thus giving time for its publication. 

It is further provided, and your committee think wisely, to meet any insuffi- 
ciency 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 in- 
terfere with, or in any manner abrogate or repeal, local legislation. 









IES 



viii PREFACE. 



If in the views thus presented by your committee they shall have the con- 
currence of the legislature, they present as part of this report a bill to adopt 
the Code, and bill to provide for its publication. 
All of which is respectfully submitted. 

HINES HOLT, 
DANL. S. PRINTUP, 
W. "W. PAINE, 

Committee on part of Senate. 
GEO. N. LESTER, 
ISHAM S. FANNIN, 
W. G. DELONY, 
M. W. LEWIS, 
0. N. BROYLES, 
C. J. WILLIAMS, 

Committee on part of House. 



THE ACT ADOPTING THE CODE. 

An Act to approve, adopt and make of force, in the State of Georgia, a revised 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 Georgia do enact, That the re- 
vised Code of Jaws prepared under its authority, by Richard H. Clark, Thos. 
R. R. Cobb, and David Irwin, Esqs., and revised and fully examined by its 
committee, and recommended and reported for adoption (the manuscript 
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 effect on the 
first of January, 1862. 

Provided, That the adoption of the Code shall not operate so as to repeal 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 property received through the wife for 
the debts of the husband existing at the time of the marriage," approved Feb- 
ruary 28th, 1856; or to punish any judge, justice, or minister, for joining in 
marriage any female under the age of twenty-one without the consent of her 
father or guardian. 

Section 2. And be it further enacted, That all laws and resolutions of a pub- 
lic and general character, passed at this present session of the General Assem- 
bly, 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 con- 
flicts which may be created thereby with its existing provisions. And that the 
performance of the further duties by said codifiers, as required in thissection, 
be submitted to the revisal, examination and approval of His Excellency the 
Governor, before the publication of said Code. 

Section 3. Be it further enacted, That the laws of the State of Georgia, hav- 
ing reference to the city of Savannah, etc., as codified by order of the city 
council of Savannah, by the city attorney of Savannah, be, and the same are 
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 December 19th, 1860. 



PREFACE. ix 



PKEFACE TO THE KEVISED EDITION. 



The late war and its results having produced so many radical changes in the 
Constitution and laws of Georgia, a revision of the Code of the State became a 
matter of necessity. Prompted by an appreciation of that necessity, as well as 
the suggestions of his friends, the undersigned entered upon the work of care- 
fully revising said Code, so as to exclude therefrom all such parts as had been 
repealed or superseded, and to include all laws passed since the adoption of -said 
Code, which were of force at the ad journment of the General Assembly of 1866, 
thus making the Code conform to the fifth clause of the first section of the Fifth 
Article of the Constitution of Georgia, adopted by the convention of 1865. All 
parts of the Code that have been repealed or superseded have been left out, and 
all laws still of force, that were never embodied in the Code, have been ar- 
ranged under appropriate heads. The head-notes and sections have been re- 
arranged and renumbered, and the new laws are included in brackets, with 
references to the authorities in which they may be found. A new and en- 
larged index has been made, which, it is hoped, will enable any lawyer or 
citizen readily to find the law on any given subject. By resolution of the Gen- 
eral Assembly, His Excellency Governor Jenkins appointed a committee, com- 
posed of General Andrew J. Han sell, Colonel Logan E. Bleckley, and Colonel 
Nathaniel J. Hammond, to examine the work; and after a careful and elabo- 
rate examination, this committee of distinguished lawyers reported to His Ex- 
cellency that the revision of the Code was thorough and accurate. The 
undersigned did not feel at liberty to change even the wording of the laws 
passed since the adoption of the Code, but embodied them just as they were 
enacted by the legislature. The work has been tedious and difficult, and the 
undersigned does not claim that it is perfect; but, having done the very best 
that time, circumstances, and his official duties would allow, he places it be- 
fore a generous profession and an indulgent people. 

DAVID IE WIN. 



PKEFACE TO KEVISED AND ANNOTATED 

EDITION. 



Since the publication of Irwin's Eevised Edition of the Code of Georgia, 
many and great changes have taken place in the Constitution and laws of the 
State. That edition is entirely exhausted, and many of the officers, lawyers, 
and people are not supplied with it. A second revised edition would, there- 
fore, seem to be a necessity. These considerations, coupled with a general 
demand therefor, induced the undersigned to prepare a second revision of the 
Code, containing the Constitution and laws of the State, including all general 
acts of the legislature of 1873. The profession and people having become fa- 
miliar with the original plan and arrangement of the Code, we have deemed it 
best to let them remain unchanged. "We have transferred the side-notes to 
the beginning of the sections, and have placed in their stead carefully pre- 
pared references to the statutes of the State, from which the law of the Code 



PREFACE, 



was originally derived, thus furnishing ready means of tracing the history of 
any particular section, and of placing upon it a proper construction. Refer- 
ence is also made to collateral or cognate sections in the margin, which we 
think will greatly facilitate a proper and thorough understanding of the law of 
our State. We have also prepared references to the decisions of the Supreme 
Court of Georgia up to and including those made at the January term, 1873. 
The decisions which bear directly upon a particular section or part of a section 
follow immediately after it in small print, whilst those decisions which do not 
bear directly upon the subject of a particular section, or part of a section, but 
refer to the subject of a chapter or an article generally, will be found in a 
general note at the end of such chapter or article. In the Appendix we have 
placed the Constitution of Georgia, adopted and ratified in 1868 ; the Constitu- 
tion of the United States, with the recent amendments thereto ; and the rules 
of the superior and Supreme courts of the State, up to July, 1873, together 
with references to decisions of our Supreme Court on these Constitutions and 
rules of practice. The reader will also find in the Appendix, references to de- 
cisions of the Supreme Court on subjects not in the Code, but which are of 
special interest to the Georgia lawyers and people. In the present edition we 
have preserved the numbers of the sections as they occur in Irwin's Revised 
Code, noting such as have been repealed or superseded, with a reference to the 
repealing or superseding act. This will be found an especial convenience in 
applying such decisions of our Supreme Court as refer to the sections of Irwin's 
Code by numbers. 

In preparing this revision of the Code, it has been our purpose to compass 
the three things which the honorable attorney-general says, in his report to 
the Governor, he was especially careful to ascertain by his examination of it. 
We may have stricken from the Code something that is still law, and we may, 
possibly, have retained in it something that is not law, but we confidently sub- 
mit our work to the profession and people of Georgia, as a reliable source from 
which a knowledge of the law of the commonwealth may be obtained. We 
have stricken from the Code everything upon the subject of bail in civil cases, 
except that which relates to bail in actions for personalty, deeming it repealed 
by that section of the Constitution which declares, that "there shall be no im- 
prisonment for debt." Some able lawyers have suggested that this provision 
of the Constitution does not repeal the law of bail in actions ex delicto. Be this 
and like cases as they may, we are consoled by the reflection, that if we have 
excluded what is law, it is law still, and if we have left anything in the book 
that is not law, the fact of it being retained does not make it law. All statutes 
up to 1851 are referred to in Cobb's New Digest of the laws of Georgia — indi- 
cated by the letter "C." The index to the Code has been revised, the heads 
multiplied, and the subdivisions improved, and we are encouraged to hope 
that by the index to the present edition any law in the book can be readily 
found. The task of revision and annotation has been hard and difficult, and we 
give our work to the public with the earnest hope, that whatsoever of the er- 
rors and imperfections may be found in it, may be viewed with the liberality 
and indulgence called for by the magnitude and difficulties of the undertaking. 

DAVID IRWIN, 
GEO. N. LESTER, 
WALTER B. HILL. 



PREFACE. xi 



ATTORNEY-GENERAL'S REPORT. 



Atlanta, Ga., February 7th, 1873. 
His Excellency James M. Smith, Governor, Atlanta, Ga.: 

For a month, just past, I have been engaged in the examination of the revi- 
sion of "Irwin's Code," made by Messrs. David Irwin, George N. Lester, and 
Walter B. Hill, submitted to me by Your Excellency, under a resolution of the 
General Assembly, approved August 26th, 1872. 

The examination was conducted by Col. G. N. Lester, representing the re- 
visers. Having completed it, I have the honor of submitting to Your Excel- 
lency the following report : 

I was careful to ascertain especially three things : First, that all the old 
law which had been repealed by the Constitution of 1868, and acts passed un- 
der it, and all inconsistent with the Constitution of the United States and laws 
thereof, was stricken out, and that every part of Irwin's Code, clearly consist- 
ent with said Constitution and laws, was so changed as to make this revision 
consist and harmonize with the fundamental law; secondly, that all general 
acts passed under the Constitution of 1868, and still of force, were incorporated 
into this revision in their appropriate places, according to the plan and arrange- 
ment of Irwin's Code, as contemplated by said resolution; and thirdly, that 
it contained, also, so much of the statute law of this State, of force in 1860, as 
is not expressly superseded by, nor inconsistent with, the present Code, though 
not embodied therein. 

In doing this I have sought and obtained valuable aid from several of the 
leading minds in the State. 

All statutes of doubtful constitutionality, and all laws and parts of laws not 
repealed expressly or by obvious and necessary implication, have been retained 
in this revision. The revisers and I agree that the courts alone should pro- 
nounce upon their validity. 

The examination has been careful and elaborate. From it I take pleasure 
in reporting that the revision has been faithfully and well performed, and that 
it is accurate and thorough. The resolution did not contemplate an examina- 
tion and report upon the references to collateral and cognate sections, the cita- 
tions of the statutes upon which the sections stand, and the decisions of the 
Supreme Court upon them. Yet I made such an examination of various parts 
of the revision. 

From this I am satisfied that these annotations and references are full and 
accurate, if not exhaustive of all references, citations and annotations proper 
to be made according to the plan of the work. 

They form a new and excellent addition to the Code and greatly increase 
its value. Said resolution properly declared that a revision was a necessity ; 
and I am persuaded that this one will satisfy the legal profession, the officers 
and citizens of the State, as an embodiment of all our statutory law in a con- 
venient and familiar form, and these references to the statutes of which it is 
made, and the decisions of our highest court expounding them, make this re- 
vision combine all the benefits without the disadvantages consequent upon a 
codification of the laws of a State. I have the honor to be, etc., 

N. J. HAMMOND, 
Attorney-general of Georgia. 



xii PREFACE. 



PREFACE TO THE FOURTH EDITION. 

This edition to the Code of Georgia was prepared by authority of an Act of 
the General Assembly, approved the 16th of September, 1881. 

We have spared neither time nor labor in our endeavor to furnish to the bar 
and people of Georgia a useful, valuable book. The result of that endeavor is 
now submitted to the candid judgment of a generous profession and a just 
people. 

We may not claim that it is perfect, but we do say that we have toiled late 
and early to make it as nearly so as human effort could compass such an end. 

The undertaking, from first to last, involved great care, vast labor, and pa- 
tient toil, and all these have been faithfully bestowed. 

The revision and thorough annotation of a book like the Code of Georgia is 
a task that has nothing easy about it. In executing the task assumed by us, 
we have endeavored to present an edition of the Code embodying the following 
features : 

1. An accurate and thorough revision of the statutes, so as to conform to 
the Constitution of 1877, striking out the repealed sections, with a reference, in 
every instance, to the repealing law ; noting all amendments, and inserting all 
statutes passed since 1873, including the laws of the session of 1880-1. This was 
attended with no little difficulty. In quite a number of instances the legisla- 
ture has passed many statutes upon the same subject, sometimes enacting in 
part the same thing, with additions or variations, and at other times changing 
the law so as to make the question of repeal or no repeal a matter of construc- 
tion ; and as we had no power to make or construe the law, and did not feel at 
liberty to sift and analyze the statutes on a given subject, and thus determine 
what was the law on that subject, in all cases of doubt we inserted all the stat- 
utes, leaving it to the courts to decide what was repealed and what was not 
repealed, and to determine the law by construing all the statutes together. 

2. A full annotation of the entire Code, by references to the decisions of our 
Supreme Court, from the first volume to the date of publication. These ref- 
erences have been made fuller than heretofore, so as to show not only the sub- 
ject to which the decisions relate, but also, as far as practicable, the points 
decided. The references are sometimes to the body of the decisions, and not 
always to the page on which the case begins. 

3. In addition to the references to the Georgia Reports, we have referred to 
other authorities, a list of which will be found in the Appendix. Some of these 
construe our statutes, others show the sources from which the sections of the 
Code were derived, or the changes made by the statutes, and others construe 
statutes similar to our own. 

4. We have retained the marginal references to the old statutes, thus ena- 
bling the practitioner, officer, or citizen to trace the history of those sections of 
the Code upon which there was legislation prior to 1863, the letter "C" in these 
references indicating Cobb's New Digest. 

5. We have not changed the numbers of the sections of the Code of 1873. 
They have been cited by our Supreme Court for nearly ten years, and hence 
they have been retained. The added sections are indicated by letters, and are 
so referred to in the index. We have also retained the numbers of the sec- 
tions of Irwin's Code of 1868, and have added the numbers of the sections of 
the Code of 1863, where the sections are still of force. Thus the courts, law- 
yers, and people of the State can see the law as it was in 1863, and in 1868, and 
what it is now. The first number refers to the present Code, the second to 



PREFACE. xiii 



Irwin's Code, and the third to the Code of 1863, and where there has been any 
change in the section since 1863, there is a reference in the margin to the stat- 
ute or statutes by which the change was made. 

6. In the Appendix, we have given the Constitution of 1877, and the Constitu- 
tion of the United States, both of which are annotated with references to the 
decisions of our own Supreme Court, and the Supreme Court of the United 
States, and to standard text-books on the subject. 

7. The new rules of practice will be found in the Appendix, with annotations 
and references to the decisions of the Supreme Court of Georgia thereon. 

8. We have also given a table of cases in the Supreme Court of Georgia* 
which have been overruled, criticised, doubted, or explained, or the law of 
which has been changed or modified by the Code of the State. 

9. The index has been the subject of anxious care and painstaking. It is 
considerably enlarged, the heads multiplied, and the matter distributed under 
as many heads as it was thought at all advisable. Under the principal or 
larger heads, we have endeavored to arrange the subdivisions alphabetically. 
Where the subdivisions were not numerous we have ignored the alphabetical 
arrangement. We have some doubt whether or not the profession will be 
pleased with this alphabetical arrangement, as it often reverses, and some- 
times confuses the natural and logical order in which the law of a particular chap- 
ter or article comes in the Code. Be this as it may, many lawyers thought the 
alphabetical arrangement would be best, and we have complied with their wishes 
on the subject. We sincerely hope that the index will be satisfactory. Let 
all who use the book be just enough to keep in mind, that the five thousand 
or more sections of the Code cannot, with any sort of propriety, be rewritten 
in the index. We feel very sure that any one at all familiar with the contents 
and law of the Code, can, by the present index, readily find any desired section. 

In regard to the annotations, the plan has been to put under each section 
the authorities relating to, or illustrating its provisions, the citations to the 
Georgia Reports coming first, and the citations of other authorities following, 
but separated by sufficient space to indicate the difference between the two 
sorts of references. The same order is observed in the general notes at the 
end of the articles or chapters, with the additional distinction that those citing 
the Georgia Reports are headed "General Note," while those citing other au- 
thorities are headed so as to show the topics, thus: "General Note on Princi- 
cal and Agent." 

There are so many collateral sections in the Code that it has been impossi- 
ble to arrange under each section of the Code, where there are several kindred 
sections, all the authorities that might be there grouped. Hence, in consult- 
ing the annotations, resort should be had not only to those under a particular 
section but those under the collateral sections given in the margin. Thus, the 
conclusiveness of judgments is stated in sections 2897, 3577 and 3826, under 
each of which references to authorities are given, and all of which should 
be examined by any one desiring to consult the citations exhaustively. F Some- 
times, but not always, the notes themselves direct attention to notes on same 
subject found elsewhere. 

The mark / indicates Ibid. Thus in 4 Ga., etc., 86 ; 9/27, the latter means 9 
Ga. 27. The same mark is used in the references to other series of reports. 

The small letters a, b, c, etc., located in the sections at particular words or 
phrases are intended to guide the eye to authorities bearing on the subject of 
such particular words or phrases. 

Additional information as to the general authorities cited will be found, 
after the index, accompanying a list of abbreviations used, etc., which all who 
use these references are requested to consult. 



xiv PREFACE. 



It is probably proper to say, that in dividing our labors on the Code, it was 
left to the undersigned George N. Lester, to revise and arrange the statute law 
of the book, and to prepare the index. Mr. Howell prepared the annotations 
and references to the decisions of the Supreme Court of Georgia, and the table 
of overruled and criticised cases, and Mr. Hill prepared the notes and refer- 
ences to the other authorities referred to. Mr. Hill also gave valuable assist- 
ance in arranging the subdivisions of the index in alphabetical order. 

This edition of the Code, with its plan, arrangement, and execution, so far 
as it had gone when he examined it, was submitted, by resolution of the Gen- 
eral Assembly, to Hon. Clifford Anderson, Attorney-general, and his report is 
hereunto annexed. 

GEO. N. LESTER, 
C. ROWELL, 
W. B. HILL. 



Attorney-general's Office, Atlanta, Ga., July 13th, 1881. 

To the Honorable the President of the Senate and Speaker of the House of Rep- 
resentatives : 

By direction of the General Assembly, I have carefully examined the revision 
prepared by Messrs. Geo. N. Lester, Walter B. Hill, and 0. Rowell, of the 
"Code of 1873, " as far as it has been completed. It comprises all the statute 
law believed to be now of force in this State. "When the acts which may be 
passed during the present session of the General Assembly shall have been 
added, the work will be finished. I do not hesitate to state that if what re- 
mains to be done is as faithfully performed as that submitted for my examina- 
tion, it will be as nearly accurate and complete in all its parts as any human 
undertaking can reasonably be expected to attain. 

It is believed that all those portions of the Code of 1873, which have been 
repealed by subsequent legislation, or superseded by the Constitution of 1877, 
have been omitted ; and that every act of a general nature passed since 1873, 
occupies its appropriate place in the new revision. Pursuing the plan hitherto 
adopted in all cases of doubt whether statutes have been repealed or are still 
of force, they have been retained, to be passed on by the courts. I have not 
had time since the work was submitted to me to examine all the marginal 
notes of reference to the decisions of the Supreme Court, and tracing the his- 
tory of particular legislation, I have formed my opinion of this part of it 
from numerous specimens submitted to me by the revisers. On the whole, I 
cordially commend the new revision to the favorable action of the General 
Assembly. It is timely, if not absolutely necessary, and the demand for such 
a work is general if not universal. Very respectfully, 

CLIFFORD ANDERSON, 

Attorney-general of Georgia. 



PREFACE. xv 



PREFACE TO THIS CODE. 



ACT PROVIDING: FOR THIS CODE. 

A in Act to provide for the appointment of three Commissioners to codify the laws 
of Georgia, to define the duties and powers of said Commissioners , to fix their 
compensation, and for other purposes. 

Section I. Be it enacted by the General Assembly of the State of Georgia, 
That within thirty days after the passage of this Act, the Governor and the 
Chief Justice and the Associate Justices of the Supreme Court shall appoint 
three citizens, learned in the law, who shall be commissioned to codify the 
laws of this State. Any vacancies occurring in said commission before the 
completion of its work shall be promptly filled by the Governor and the Chief 
Justice and Associate Justices of the Supreme Court. 

Sec. II. Be it likewise enacted, That the duties and powers of said commis- 
sioners shall be to codify and arrange in systematic and condensed form the 
laws now in force in Georgia, from whatever source derived, following the 
general plan and system of the Code of 1863, and subsequent revised editions 
thereof. The commissioners shall preserve, as far as practicable, the number- 
ing of the sections contained in the Eevised Code of 1882, and shall make mar- 
ginal reference to statutes, and shall annotate the sections with the decisions 
of the Supreme Court of the State explanatory of the same, but shall not 
make annotation of any other decisions nor of any text-books. The commis- 
sioners shall begin their work as soon as practicable after their appointment, 
and shall use due diligence in completing the same. When they shall have 
finished their work, they shall file two typewritten copies of the manuscript, 
together with a full index to the same, in the Executive office: Provided, that 
the codifiers shall separately codify the civil and criminal laws of the State, 
and shall make a full and complete separate index to each of said codifications. 
The commissioners shall have authority to employ a clerk, who shall be paid 
at the rate of $100 per month for the time he is engaged in his work; said 
salary to be paid monthly, on the warrant of the Governor, who shall issue his 
warrant upon the certificate of the commissioners as to the sum due said 
clerk. 

Seo. III. Be it likewise enacted, That each of said commissioners shall re- 
ceive the sum of $3,000 as compensation for his services, one half of which shall 
be paid on the warrant of the Governor, when the copies of the manuscript 
have been filed in the Executive office as hereinbefore provided, and the bal- 
ance of said compensation shall be paid on the warrant of the Governor when 
the work of said commissioners has been accepted or approved by the General 
Assembly. 

Seo. IY. Be it likewise enacted, That all laws and parts of laws in conflict 
with this Act are hereby repealed. 

Approved December 19th, 1893. 



xvi PREFACE, 



APPOINTMENT OF COMMISSIONEES. 

State op Georgia, Executive Office, Atlanta, December 21st, 1893. 

The Governor, the Chief Justice and the two Associate Justices, met to ex- 
ercise the appointing power conferred by the Act of the General Assembly, 
approved December 19th, 1893, as to three commissioners to codify the laws 
of Georgia; and 

It is ordered, all concurring, that the commissioners consist of John L. 
Hopkins, of Fulton; Clifford Anderson, of Bibb; and Joseph It. Lamar, of 
Richmond. 

It is further ordered that this order be entered on the minutes of the Ex- 
ecutive Department, and on the minutes of the Supreme Court, and that a 
copy of the same be furnished to each of the commissioners. 

W. J. NORTHEN, 

Governor. 
L. E. BLECKLEY, 

Chief Justice. 
T. J. SIMMONS, 

Associate Justice. 
SAMUEL LUMPKIN, 
Associate Justice 



COMMITTEE TO EXAMINE THE WOEK. 

"Whereas, The commissioners appointed by the Governor under an Act en- 
titled "An Act to provide for the appointment of three commissioners to codify 
the laws of Georgia, to define the duties and powers of said commissioners, 
to fix their compensation, and for other purposes," approved December 19th, 
1893, will have completed their work before the next session of the General 
Assembly of Georgia; and 

Whereas, Under said Act, said work of said commissioners must be ac- 
cepted or approved by the General Assembly of the State ; therefore, be it 

Resolved by the General Assembly, the House of Representatives concurring 
therein, That a committee of three from the Senate and five from the House 
of Representatives be, and they are, hereby appointed to carefully examine 
the work of said commissioners, and report the result of their examination to 
the next session of the General Assembly ; be it further 

Resolved, That if said committee shall accept and approve the work of said 
commissioners, then, and in that event, said committee are hereby authorized 
to prepare and draft a bill to be introduced in the General Assembly to ap- 
prove, adopt, and make of force said work of said commissioners as the Code 
of laws of this State. 

Approved December 15th, 1894. 



EEPOET OE COMMITTEE. 

To the General Assembly of Georgia: 

The committee appointed under the resolution of the last session of this 
General Assembly, approved December 15th, 1894, to carefully examine the work 
of the commissioners appointed under an act to provide for the codification of 



PREFACE. xvii 



the laws of. Georgia (approved December 19th, 1893), met in the capitol at At- 
lanta, Georgia, in company of said commissioners, on the 17th day of June, 
1895, proceeded to discharge that duty, and make the following report as the 
result of their examination : 

The first work of the committee was to see that the acts of the legislature 
of public and general character were embodied in the work of the commis- 
sioners. This the committee did by commencing with the Acts of 1882-3, and 
calling attention to each act separately in order to verify the fact that the 
commissioners had omitted nothing necessary to be placed in their work. By 
this process the committee is authorized to say that all the acts of the General 
AssemBly since the Code of 1882 are embodied in the work of the commission- 
ers. The committee is, by the same process, satisfied that the addenda in the 
Code of 1882, except those sections repealed, are embodied in the present 
Code. 

"When the committee had completed this part of their investigation, they 
then compared the new legislation with the manuscript of the commissioners, 
and found this part of the work complete in every particular ; having copied 
the acts, and, as far as practicable, omitted all meaningless words and repeti- 
tions of sentences, and placed the same in proper Code language. This work 
has been accomplished by the commissioners to the entire satisfaction of the 
committee. 

All matter in the Code of 1882, and acts since that Code, of a special or local 
nature, both of time and locality, have been omitted by the commissioners. 
By the adoption of this method much of the matter now embraced in the Code 
of 1882 is omitted, thus, to some extent, reducing the volume of matter to be 
printed. 

So far as the committee has been able to observe, all the sections of the Code 
of 1882, and the acts since that Code, that have become obsolete, superseded, 
or that are unconstitutional, have been omitted. The acts of doubtful con- 
stitutionality have been retained. 

The General Assembly is especially cited to the fact that the committee has 
directed the commissioners to eliminate the chapter in the Code of 1882 on the 
subject of "Court Contracts, " embracing sections 2756 to 2772 (a), inclusive, 
the committee being of the opinion that the sections mentioned are both 
obsolete and unconstitutional ; in this opinion the committee are sustained 
by the unanimous vote of the commissioners. 

The commissioners have placed in the Code, and in Code language, many de- 
cisions of the Supreme Court relating to the fundamental principles of law 
which have not heretofore appeared in the Code. These sections are prop- 
erly numbered and placed in their appropriate places, with marginal notes re- 
ferring to the decisions. These decisions were necessary to give symmetry 
and completeness to the statutes which they follow, and will be of incalcula- 
ble benefit to the magistrate, lawyer, and student. 

Kef erring to the Act by which the present commissioners were appointed, 
they were authorized to codify and arrange in systematic and condensed form 
all the laws now of force in Georgia, from whatever source derived, following 
the general plan and system of the Code of 1863, and subsequent revised 
editions thereof. These directions the commissioners have followed, with the 
exception of the arrangement and grouping of the sections, which change the 
commissioners felt authorized to make under the Act. The committee ob- 
served with pleasure that the commissioners have arranged the grouping of 
the sections of the Civil and Penal Codes, so that each and every section will 
fall under its proper division. This orderly arrangement of the sections 
will simplify the work of investigation. 

Under the Act above referred to, the commissioners were required to pre- 
serve, as far as practicable, the numbering of the sections contained in the 
(2) 



xviii PREFACE. 



Code of 1882. This work was found by the commissioners to be wholly im- 
practicable, and the committee was unanimous in the opinion that this could 
not be done. The commissioners have retained the sections of the Code of 
1882 intact, and have arranged the references and marginal notes so that the 
practitioner will be able to find any act that he may seek to investigate. 

The committee is of the opinion that the commissioners have fully complied 
with the requirements of the law as to the marginal notes and references. 

Referring again to the defined duties of the commissioners, they were re- 
quired to make a full, complete, and separate index to the civil and penal 
codifications. The committee is unanimously of the opinion that this work 
could not be done with completeness and accuracy from the manuscript in the 
hands of the commissioners, and that it would be better for the interest of the 
State that this duty imposed upon the commissioners be postponed until the 
work shall go to the press ; at which time when the printed matter comes from 
the press, the commissioners will be better able to index the work, and by this 
means the index can be arranged with perfect accuracy. 

The Penal Code, text and annotations, is now complete and ready for action 
by the General Assembly. The text of the Civil Code is also complete, but 
the annotations are incomplete, and that part of the work is not ready for pub- 
lication. The work of preparing the annotations proved to be far greater than 
the commissioners at first supposed, and it was so vast that its completion by 
this time was next to impossible ; but we are informed that this work will be 
completed by the first of April, 1896. 

The work of the commissioners in the present codification of the laws has 
been extremely laborious. The legislation of the past decade has been so vo- 
luminous and conflicting, they have been forced to cull through an immense 
mass of matter in order to determine what laws are of force, and what have 
been repealed or superseded by other legislation. The commissioners having 
this work in charge have labored incessantly for more than eighteen months 
to bring out of chaos a perfect system of laws. 

The committee feel it their duty to say that from the patient and unceasing 
toil of these able and distinguished men, the Code of laws, civil and penal, has 
reached a higher point of perfection than ever yet attained. This statement 
is made without reference to or comparison with other Codes, but in justice to 
the progressive science of the law. The commissioners are entitled to the 
highest praise for their unselfish and patriotic service to the State, and it is 
much to be regretted that their compensation, from a financial standpoint, is 
not commensurate with the faithful service performed. 

This compilation of laws is not confined to statutes, but principles of the 
common law, and constructions placed by the courts upon statutes covering a 
broad field of legal science, making the Code of Georgia a lawyer's library, and 
the citizen's protector, within and of itself. 

With the exceptions hereinbefore stated, the commissioners have fully dis- 
charged their duties as far as the work of compiling and codifying the laws is 
concerned ; yet the work is of such great moment to the State, and its correct 
publication of such importance, the committee is unanimous in the opinion 
that the services of the commissioners should be requested by the State, at a 
reasonable and just compensation, to supervise and superintend the publica- 
tion of their work. In view of the fact that the Civil Code is not ready for 
publication, we recommend that the civil acts of the present session of the 
General Assembly be incorporated therein, and that this committee be con- 
tinued, or some other committee be appointed, with authority to examine and 
approve the work after the new acts have been incorporated and the annota 
tions compiled. 



PREFACE. xix 



We further recommend the acceptance of the Penal Code and annotations 
thereto, and its immediate publication. 

We also recommend that the text of the Civil Code be accepted, and that it 
be published as soon as the acts of the present session of the General Assem- 
bly are incorporated therein and the annotations completed and approved. 

We recommend that the General Assembly pass the bill herewith submitted 
by the committee, providing for the printing, binding, and distribution of the 
three several volumes therein specified. 

H. A. JENKINS, 
D. G. FOGARTY, 
P. T. FOUCHE, 
A. G. McCURRY, 
J. H. PITMAN, 
Committee on part of House of Representatives. 

M. G. BOYD, 
TRAMMELL STARR, 
W. W. SHEPPARD, 

Committee on part of Senate. 



ADOPTING ACT. 

An Act to approve, adopt, and make of force the Code of laws prepared under the di- 
rection and by authority of the General Assembly, to provide for the printing and 
publication of the same, and for making indices thereto, and for other purposes. 

Section I. Be it enacted by the General Assembly of the State of Georgia, That 
the Code of laws prepared under its authority by JohnL. Hopkins, Clifford An- 
derson, and Joseph R. Lamar, and revised, fully examined and identified by 
the certificate of its joint committee, and recommended and reported for adop- 
tion, and with the acts passed by the General Assembly of 1895 added thereto 
by the codifiers, be, and the same is, hereby adopted and made of force as the 
Code of Georgia. 

Sec. II. Be it further enacted, That said Code shall be printed and published 
in three volumes. The first volume shall contain the laws relating to the po- 
litical and public organization of the State ; the second volume shall embrace 
the Civil Code, the Code of Practice, the rules of the Supreme and superior 
courts and the Constitution of the State and the United States; and the third 
volume shall embrace the penal laws. A separate index for each volume shall 
be prepared by the Code commissioners from the printed forms. 

Sec. III. Be it further enacted, That the Governor be authorized to contract 
with the Code commissioners, or any or either of them, to superintend the 
publication and supervise the printing of said Code. 

Sec. IV. Be it further enacted, That the Governor, Hon. John L. Hopkins, 
and Hon. Wm. A. Wright, Comptroller-general, be authorized to contract for 
and procure the printing and binding of ten thousand copies of said Code. 
They shall have the work done on the best terms they can get for the State, 
giving especial consideration to the reliability and punctuality of the contractor, 
the cost and character of the work, and its completion at the earliest practica- 
ble time. And they shall provide in said contract that stereotype plates shall 
be made by the printer, and when the work of printing the Code is completed, 
said plates to be the property of the State and turned over to the librarian for 
safe-keeping. 



xx PREFACE. 



Seo. V. Be it further enacted, That, as soon as a contract shall be made for 
the printing and publication of said Code, the volume embracing the penal 
laws and annotations shall be printed and published, and as soon as the anno-* 
tations to the other volumes are prepared by the Code commissioners and ap- 
proved by the joint committee of the General Assembly, said volumes shall 
be printed and published. 

Seo. VI. Be it further enacted, That the Governor have the Code copyrighted 
for the benefit of the State. 

Seo. VII. Be it further enacted, That the State librarian shall sell said Code 
to the public for cash only, at the actual cost to the State, and deposit each 
day the money thus received into the State treasury : Provided, that the li- 
brarian shall not sell the Code to any person who desires the same for resale 
or speculation. 

Seo. VIII. Be it further enacted, That all laws and parts of laws in conflict 
with this Act be, and the same are, hereby repealed. 

Approved December 16th, 1895. 



BY THE CODE COMMISSIONEES. 

The ruling by the Supreme Court that statutes which were not included in 
the Code of 1862 were presumed to have been repealed, and the action of the 
General Assembly in reference to those omitted from the Code of 1882, have 
led the commissioners to assume that new matter must be sought in acts 
passed since the filing of Judge Bleckley's report in the Executive office, Jan- 
uary 26th, 1883, except in the few instances in which it has been held that prior 
statutes were of force notwithstanding their accidental omission from pre- 
vious Codes. 

The previous codification of the fundamental principles of common law and 
equity has so satisfactorily and adequately met the requirements of our peo- 
ple, that the commission has made comparatively few sections from the de- 
cisions. The comprehensiveness and excellence of the Code of 1862 is illus- 
trated by the fact that since its adoption the great majority of questions sub- 
mitted to the Supreme Court have required the application of law as therein 
stated, rather than the enunciation of new principles proper for insertion m, 
this work. 

The experience of every one called on to construe laws will suggest the im- 
possibility of altering the language without in some measure changing the 
meaning; and an effort has been made, in the Civil Code especially, to retain 
the exact wording of the statutes to obviate the necessity of constant reference 
to the original acts for the purpose of discovering the legislative intent. 

The Act under which the commissioners were appointed required the anno- 
tation of each section with explanatory decisions of the Supreme Court, and it 
is hoped and believed that the fullness of the notes, and the convenience of 
their arrangement into paragraphs, will justify the consequent enlargement of 
the second volume. 

The divisions heretofore adopted of Political Code, Civil Code, Code of Prac- 
tice, and Penal Code, are retained in the present work, but in some instances 
this strictly logical arrangement has been altered, in order to bring together 
matters upon the same and kindred subjects. The great number of statutes 
passed since 1882 made it impossible to retain the old numbering, but a key, 
showing the present number of all old sections, will obviate any inconvenience 
arising from these changes. 



PREFACE. xxi 



The commissioners are greatly indebted to the committees appointed by the 
General Assembly for their careful and patient investigation of this work. 
They gave special attention to all changes made in the Code of 1882 and 
to each new section incorporated in the Code of 1895; and, in a number of 
instances, where irregularity in its enactment, apparent variance between the 
title and the body, or other cause made an act of doubtful constitutionality, 
the present Code represents the concurrent views of the committee and the 
commissioners ; but, recognizing that only the judiciary can declare an act 
void, in several instances sections have been retained, the validity of which 
inay hereafter be questioned. 

The general plan as to the arrangement of the text was agreed to by all the 
"commissioners. The preparation of the text of the Civil Code was assigned 
to Joseph R. Lamar; the annotations to the Civil Code, to Clifford Anderson ; 
and the text and notes of the Penal Code, to John L. Hopkins. 

Criminal cases have not been exhaustively annotated in the Civil Code, ex- 
cept such as determine constitutional questions; indeed, with the exception 
named, those criminal cases decided since the Code of 1882 have not been an- 
notated in the Civil Code except in rare instances, but will be found in the 
Penal Code under the appropriate provisions. 

"With the approval of the committee of the legislature, the annotations to 
the Codes of 1873 and 1882 were purchased from the owners of the copyrights, 
and used in the Civil Code, with slight modifications and some rearrangement ; 
these annotations having proven entirely satisfactory to the profession and 
public, it was deemed best to save the very large expense and time incident to 
freannotating the decisions. 

JNO. L. HOPKINS, 
CLIFFORD ANDERSON, 
JOSEPH R. LAMAR, 

Code Commissioners, 



CONTENTS. 



PRELIMINARY PROVISIONS. §§1-15. 



THE POLITICAL CODE. 

The Political and Public Organization of the State, 



FIRST TITLE. 
Divisions; Of the Boundary, Sovereignty and Jurisdiction of the State. §§16-31. 



Chapter 1. The boundary of the State. 
§§16-20. 

Chapter 2. The sovereignty and jurisdic- 
tion of the State. §§21-24. 



Chapter 3. Jurisdiction ceded to the 
United States over certain land. 
§§25-28. 
Chapter 4. Counties. §§29, 30. 
Chapter 5. Congressional districts. §31. 



SECOND TITLE. 
Elections by the People. §§32-115. 



Chapter 1. Qualification of voters. §§32-34. 
Chapter 2. Registration of voters. §§35-65. 

Article 1. To what elections applicable. 
§35. 

Article 2. Voters book, when to be 
opened. §§36-39. 

Article 3. Method of registering on vo- 
ters book. §§40-46. 

Article 4. Lists from voters book and 
tax defaulters furnished registrars. 
§§47-49. 

Article 5. County registrars, appoint- 
ment and oath. §§50-52. 

Article 6. List of registered voters, how 
prepared. §§53, 54. 

Article 7. Hearing before registrars. 
§§55-58. 

Article 8. List of voters furnished elec- 
tion-managers. §59. 

Article 9. Ballots, by whom and where 
cast. §§60, 61. 



Lists returned by managers, 
tax-collectors, 



Article 10. 
§62. 

Article 11. Payment of 
registrars, etc. §63. 

Article 12. Inspection of lists and books. 
§§64, 65. 
Chapter 3. Elections for members of the 
General Assembly. §§66-79. 

Article 1. Managers of election ; quali- 
fications and oath. §§66-68. 

Article 2. Election precincts. §69. 

Article 3. Elections; when, where, and 
how held. §§70-72. 

Article 4. Penalty for managers' default. 
§§73, 74. 

Article 5. Examination of election pa- 
pers by grand jury. §75. 

Article 6. Election blanks. §76. 

Article 7. Voters' freedom from arrest. 
§77. 



XXIV 



CONTENTS. 



SECOND TITLE.— Continued. 



Article 8. Elections to fill vacancies. 
§§78,79. 
Chapter 4. Elections for Governor, mem- 
bers of Congress, electors for President 
and Vice-President, treasurer, comp- 
troller-general, attorney-general, and 
commissioner of agriculture. §§80-95. 
Article 1. Provisions applicable to all. 

§80. 
Article 2. For Governor. §§81, 82. 
Article 3. For members of Congress. 

§§83-88. 
Article 4. For presidential electors. 
§§89-95. 



Chapter 5, For ordinary and county of- 
ficers. §§96-100. 
Chapter 6. For justices of the peace and 

constables. §§101-106. 
Chapter 7. Contested elections. §§107-112. 
Article 1. In cases where Governor com- 
missions. §§107-109. 
Article 2. Election of member of Gen- 
eral Assembly. §110. 
Article 3. Other contested elections. 

§111. 
Article 4. Election not set aside for 
formal defects, when. §112. 
Chapter 8. Primary elections. §§113-115. 



THIRD TITLE. 
Of the Executive Department. §§116-222. 



Chapter 1. The Governor. §§116-175. 

Article 1. Inauguration and oath. §§116, 
117. 

Article 2. Commander-in-chief, duty in 
case of insurrection. §§118, 119. 

Article 3. Appointment of commissioner 
of deeds. §120. 

Article 4. Commissions what officers. 
§121. 

Article 5. Duty as to property of State. 
§§122-126. 

Article 6. Property purchased, when. 
§§127-131. 

Article 7. Appointments and vacancies. 
§§132-136. 

Article 8. Suspension of treasurer or 
comptroller. §§137, 138. 

Article 9. Collection of taxes, when sus- 
pended. §139. 

Article 10. Warrants on treasury. §140. 

Article 11. Records to be kept in Execu- 
tive office. §141. 

Article 12. Executive seal. §142. 

Article 13. The Executive office and resi- 
dence of the Governor. §143. 

Article 14. Governor's messenger and 
State-house guard. §§144-148. 

Article 15. Of the State librarian, and 
distribution of laws. §§149-164. 
Section 1. Librarian and his duties. 
§§149-153. 

Section 2. Distribution of books. §154. 



Section 3. Catalogue ; official annual 

reports filed with librarian. §§155- 

157. 
Section 4. Printing and distribution of 

Georgia reports. §§158-162. 
Section 5. Supervision and removal by 

Governor. §§163, 164. 

Article 16. Printing and distribution of 
laws and other documents. §§165-175. 

Section 1. Distribution of laws and 
journals to county officers. §§165- 
169. 

Section 2. Reserved copies. §170. 

Section 3. Acts of Congress, how dis- 
tributed. §171. 

Section 4. Books furnished University 
of Georgia. §172. 

Section 5. Counties, how supplied with 
Georgia reports. §§173-175. 

Chapter 2. The secretary of State, treas- 
urer, comptroller-general, and attor- 
ney-general. §§176-222. 
Article 1. Of the secretary of State. 
§§176-185. 
Section 1 . Election , bond , and compen- 
sation. §§176-180. 
Section 2: Duties of secretary of State. 

§§181-183. 
Section 3. Great seal of the State, and 
its custody. §184. 



CONTENTS, 



XXV 



THIRD TITLE.— Continued. 



Section 4. Duties of surveyor-general 
imposed on secretary of State. 
§185. 
Article 2. Of the State treasurer. §§186- 
202. 

Section 1. Election and rights. §§186, 
187. 

Section 2. Approval, lien, and record of 
treasurer's bond. §§188-191. 

Section 3. New bond required, when. 
§192. 

Section 4. Suspension of treasurer. 
§§193, 194. , 

Section 5. Execution against securi- 
ties. §195. 

Section 6. Resignation or default of 
treasurer. §§196, 197. 

Section 7. Offices, fees, and clerk. 
§198. 

Section 8. Duties of treasurer. §199. 

Section 9. Bond-book and fiscal year. 
§§200-202. 



Article 3. Of the comptroller-general- 
§§203-218. 

Section 1. Election, bond, and rights. 
§§203-205. 

Section 2. Duties of the comptroller. 
§206. 

Section 3. Wild lands. §§207, 208. 

Section 4. Annual report of comptrol- 
ler to Governor. §209. 

Section 5. Authority of comptroller. 
§§210, 211. 

Section 6. Record of bonds, warrants, 
and appropriations. §§212, 213. 

Section 7. Seal, copies of records, and 
clerk. §§214-216. 

Section 8. Settlement with successor. 
§217. 

Section 9. Report to General Assem- 
bly. §218. 

Article 4. f the attorney-g e n e r a 1. 
§§219-222. 



FOURTH TITLE. 
General Regulations as to All Officers and Offices. §§223-288. 



Chapter 1. Of eligibility, qualifi cations, 
and commissions of officers, and vaca- 
tion of offices. §§223-233. 
Article 1. Eligibility and qualification. 

§§223-226. 
Article 2. How commissioned. §§227, 

228. 
Article 3. Vacancies. §§229, 230. 
Article 4. Resignations. §§231, 232. 
Article 5. Annual reports. §233. 
Chapter 2. Official oaths. §§234-242. 
Chapter 3. Official bonds and sureties 
thereon. §§243-267. 
Article 1. Execution and approval. 

§§243-245. 
Article 2. Sureties on bonds. §§246-248. 
Article 3. Power of attorney. §249. 
Article 4. Filing official bonds. §§250- 

255. 
Article 5. Bonds ; how far, and for what, 

binding. §256. 
Article 6. Bonds to be recorded. §§257, 

258. 
Article 7. Bond of deputy. §§259, 260. 
Article 8. Satisfaction and discharge of 
bonds. §§261, 262. 



Article 9. Informalities do not vitiate 

bonds. §263. 
Article 10. Measure of damages on 

bonds. §2647 

Article 11. Provisions applicable to all 
official bonds. §265. 

Article 12. Sureties, how relieved. §§266, 
267. 
Chapter 4. Powers of public officers lim- 
ited. §268. 

Chapter 5. Of delivery of books and prop- 
erty to successors. §§269-274. 

Chapter 6. Inventory annually to be 

made. §§275-280. 
Chapter 7. Salaries and fees of officers. 

§§281-288. 

Article 1. Executive officers. §§281-283. 

Article 2. Officers appointed b y Gov- 
ernor. §284. 

Article 3. Officers of the Lunatic Asy- 
lum. §285. 

Article 4. Legislative officers. §286. 
Article 5. Officers connected with the 
judicial department. §§287, 288. 



XXVI 



CONTENTS. 



FIFTH TITLE. 



Legislative Department. §§289-329. 



Chapter 1. Of the General Assembly. 
§§289-314. 

Article 1. Annual session and organiza- 
tion. §§289-294. 

Article 2. Elections by General Assem- 
bly in joint session. §295. 

Article 3. Doorkeeper and messenger. 
§296. 

Article 4. Subletting offices forbidden ; 
other officers. §§297-301. 

Article 5. Appropriation bills. §§302, 303. 

Article 6. Finance committee's report. 
§304. 

Article 7. Suspension of comptroller or 
treasurer. §305. 



Article 8. Unfinished business, engrossed 

bills, etc. §§306-308. 
Article 9. Pay of members. §§309-312. 
Article 10. Resolutions appropri a t i n g 

money. §313. 

Article 11. Local bills and notice thereof . 
§314. 

Chapter 2. Secretary of Senate and clerk 
of the House. §§315-324. 

Chapter 3. Elections by the General As- 
sembly. §§325-329. 
Article 1. For United States Senators. 

§§325-328. 
Article 2. For other officers. §329. 



SIXTH TITLE. 



County Organization. §§330-682. 



Chapter 1. Militia districts. §§330-339. 
Article 1. Defined. §§330-332. 
Article 2. New militia districts, how laid 
out. §§333-339. 
Chapter 2. Incorporation of counties, 
county contracts, property and claims. 
§§340-376. 
Article 1. Counties are corporate bod- 
ies. §340. 
Article 2. Suits against counties. §§341, 

342. 
Article 3. Contracts, how made by coun- 
ties. §§343-346. 
Article 4. County property. §§347-350. 
Article 5. County buildings, care and in- 
spection thereof. §§351-360. 
Article 6. Claims against counties. 

§§361-363. 
Article 7. Annual reports of county offi- 
cers. §§364-366. 
Article 8. Bridges between counties. 

§§367-371. 
Article 9. Bridges in which United States 
and other States are interested. 
§§372-374. 
Article 10. System of county drainage. 
§§375, 376. 
Chapter 3. County and municipal bonds. 
§§377-381. 

Chapter 4. Change of county lines. §§382- 
• 385. 



Chapter 5. Settling disputed county lines. 

§§386-390. 
Chapter 6. Change of county-sites. §§391- 

394. 
Chapter 7. County revenue. §§395-425. 
Article 1. From taxation. §§395-419. 
Section 1. Special and extra tax. 

§§395-398. 
Section 2. Tax for county purposes, 
generally ; how levied. §§399-403. 
Section 3. Purposes for which county 

tax may be assessed. §404. 
Section 4. Assessment and collection 

of taxes. §§405-417. 
Section 5. Proceedings against default- 
ing tax-collectors and treasurers. 
§§418, 419. 
Article 2. From liquor licenses and other 
sources than taxation. §§420-425. 
Chapter 8. County poor. §§426-447. 
Article 1. Jurisdiction of ordinary. 

§§426-431. 
Article 2. Relief to poor Confederate 

soldiers. §§432-434. 
Article 3. Commissioner of the poor and 

his duty. §§435-437. 
Article 4. Paupers. §§438-447. 
Chapter 9. County officers. §§448-497. 
Article 1. County treasurer. §§448-472. 

Section 1. Election and oath. §§448- 
454. 



CONTENTS. 



XXVll 



SIXTH TITLE —Continued. 



Section 2. Bond of county treasurer 

and its lien. §§455-457. 
Section 3. Duty of county treasurer. 

§§458-462. 
Section 4. County orders. §§463-468. 
Section 5. Proceedings against d e- 

faulting treasurer. §469. 
Section 6. Final settlement and fees. 

§§470-472. 
Article 2. County surveyor and his fees. 
§§473-490. 
Section 1. Election, oath, and bond. 

§§473-479. 
Section 2. Duties of county surveyor. 

§§480-490. 
Article 3. Coroners. §§491-497. 
Chapter 10. Notaries public. §§498-507. 
Chapter 11. Roads, bridges, ferries, turn- 
pikes, causeways, crossings, etc. 
§§508-682. 
Article 1. Public roads. §§508-572. 
Section 1. Classification of roads and 

districts. §§508-515. 
Section 2. Public road register. §§516- 

519. 
Section 3. Roads ; how laid out, altered, 

or discontinued. §§520-525. 
Section 4. Work on public roads. 

§§526-540. 
Section 5. Apportionment of roads. 

§§541-545. 
Section 6. Proceedings against default- 
ers. §§546-550. 
Section 7. Duty of overseers ; mile- 
posts ; sign-boards, etc. §§551- 

555. 
Section 8. Duty of railroads as to 

roads. §556. 
Section 9. Damages, how assessed. 

§§557-568. 



Section 10. Overseer's neglect; pro- 
ceedings against railroads and 
others for obstructions, etc. 
§§569-572. 

Article 2. Alternative road law. §§573- 
583. 

Article 3. Commissioners of public roads. 
§§584-598. 

Section 1. Appointment and obligation 
to serve. §§584-588. 

Section 2. Duty of road commission- 
ers. §§589, 590. 

Section 3. Proceedings against road 

commissioners. §§591-595. 
Section 4. Roads, how assigned ; dis- 
charge of commissioner. §§596- 
598. 
Article 4. Bridges, ferries, turnpikes, 
and causeways. §§599-636. 
Section 1. Classification. §§599, 600. 
Section 2. Jurisdiction o f ordinary. 

§§601, 602. 
Section 3. Contractor's liability and 

bond. §§603-609. 
Section 4. Bridges and ferries between 

different counties. §§610-612. 
Section 5. Private ferries and bridges ; 

tolls, etc. §§613-623. 
Section 6. Liability for detention, de- 
fective bridge, excessive toll, etc. 
§§624-632. 
Section 7. Right of way ; grants, how 
construed. §§633-636. 
Article 5. Turnpike companies. §§637- 

649. 
Article 6. Rights of way for persons en- 
gaged in mining. §§650-657. 
Article 7. Tramroads. §§658-660. 
Article 8. Private ways. §§661-682. 



SEVENTH TITLE. 



Municipal Corporations. §§683-761. 



Chapter 1. Towns and villages. §§683-710. 
Article 1. How incorporated. §§683-694. 
Section 1. Petition to superior court 
and preliminary election. §§683- 
686. 
Section 2. Certificate of incorpora- 
tion. §687. 
Section 3. Election for organization. 
§688. 



Section 4. Corporate officers and their 
duties. §§689, 690. 

Section 5. Elections, and qualification 
of voters. §§691-694. 

Article 2. Powers of council and its of- 
ficers. §§695-710. 

Section 1. Council and its meetings* 
§695. 



XXV111 



CONTENTS. 



SEVENTH TITLE.— Continued. 



Section 2. Powers of council. §§696- 

699. 
Section 3. Taxes, licenses, and streets. 

§§700-704. 
Section 4. Mayor and other officers. 
§§705-710. 
Chapter 2. Corporate courts and penalties. 
§§711-716. 
Article 1. Police courts. §711. 

Article 2. Punishment of offenders. 

§§712-716. 
Chapter 3. Municipal taxation, §§717-738. 
Article 1. Assessors. §§717, 718. 
Article 2. Limitation on cities' right of 

taxation. §§719-722. 

Article 3. Assessment for street and 
other improvements. §§723, 724. 

Article 4. Taxation of railroads by cit- 
ies. §§725-728. 



Article 5. Garnishment and interest on 
tax executions. §§729-731. 

Article 6. Sales for municipal taxes and 
redemption of property sold. §§732- 
738. 
Chapter 4. Power of municipality and 
its officers. §§739-757. 

Article 1. Councilmen - incompetent t o 
hold other office. §739. 

Article 2. Cities as trustees. §§740-742. 

Article 3. Limitation on powers of city 
and its officers. §§743-752. 

Article 4. Streets neglected ; duty of jus- 
tice. §753. 

Article 5. Citizens as jurors. §754. 

Article 6. Licenses to pawnbrokers. §755. 

Article 7. Sale of domestic wine in cit- 
ies. §§756, 757. 
Chapter 5. Funding bonded debt of munic- 
ipalities. §§758-761. 



EIGHTH TITLE. 
Public Revenue. §§762-995. 



Chapter 1. Taxation. §§762-803. 
Article 1. Exemption. §§762-766. 
Article 2. Persons and property subject 

to taxation. §§767-778. 
Article 3. State tax on railroads. §§779- 

783. 
Article 4. County taxation of railroads. 

§§784-789. 
Article 5. Special tax for liquor-dealers, 
etc. §§790-803. 
Chapter 2. Taxes, how returned and col- 
lected. §§804-917. 
Article 1. Returns to comptroller-gen- 
eral. §§804-815. 
Section 1. Returns and payment, how 

made. §§804-806. 
Section 2. Arbitration of differences. 

§§807, 808. 
Section 3. Returns of insurance com- 
panies. §§809-811. 
Section 4. Returns to comptroller; 
assessments in case of difference. 
§812. 
Section 5. Proceedings in case of no 
returns ; collection by comptrol- 
ler. §§813-815. 
Article 2. Returns to receiver of tax re- 
turns. §§816-858. 



Section 1. What is to be returned. 

§§816-820. 
Section 2. Wild lands, etc. §§821-825. 
Section 3. Returns, when and to whom 

made ; duty of receiver of returns. 

§§826-832. 
Section 4. Form of tax returns. §833. 
Section 5. Oath of taxpayer. §834. 
Section 6. Blanks, lists, and digests. 

§§835-838. 
Section 7. Assessment or arbitration 

in case of insufficient return. 

§§839-842. 
Section 8. Overpayment and mistakes, 

how corrected. §§843-846. 
Section 9. Double tax, when collected. 

§§847, 848. 

Section 10. Relief from double tax. 
§§849-853. 

Section 11. Liability of agents of non- 
residents. §854. 

Section 12. Taxes of former years. 
§855. 

Section 13. Estates of decedents not 
liable, when. §856. 

Section 14. Liability of tax officers to 
third parties. §857. 



CONTENTS. 



XXIX 



EIGHTH TITLE.— Continued. 



Section 15. Colored taxpayers' re- 
turns. $858. 
Article 3. List of insolvents and default- 
ers. §§859-873. 
Section 1. Insolvent lists. §§859-870. 
Section 2. Record of tax defaulters. 

§§871-873. 
Article 4. Duty of comptroller as to de- 
linquent taxpayers. §§874-882. 
Article 5. Tax fi. fas. and sales. §§883- 
917. 
Section 1. Lien of tax fi. fas. §§883- 

886. 
Section 2. Interest on tax fi. fas. 

§887. 
Section 3. Transfer of tax fi. fas. 

§§888, 889. 
Section 4. Dormancy of tax fi. fas. 

§§890, 891. 
Section 5. Alias tax fi. fas. §§892, 893. 
Section 6. Tax executions, when and 

by whom issued. §894. 
Section 7. Garnishment on tax fi. fas. 

§§895, 896. 
Section 8. Insolvent tax fi. fas. to be 

levied. §897. 
Section 9. Tax fi. fas., on what levied. 

§898. 
Section 10. Claims, how interposed. 

§§899, 900. 
Section 11. Costs and fees. §§901, 902. 
Section 12. No judicial interference. 

§903. 
Section 13. Levy and sale under tax fi. 

fas. §§904-907. 
Section 14. Execution in rem, and sale 

thereunder. §908. 
Section 15. Redemption of property 

sold for taxes. §§909, 910. 
Section 16. Tax fi. fas. levied in any 

county. §911. 
Section 17. Surplus at tax sale ; tax 

deeds. §§912, 913. 
Section 18. Purchaser's right to pos- 
session. §914. 
Section 19. Purchase by counties at 

tax sales. §§915-917. 
Chapter 3. Delinquent tax receivers and 
collectors. §§918-978. 



Article 1. Penalty for incomplete, im- 
proper, or useless digest. §§918-920, 
Article 2. Execution against defaulting 
receiver or collector and sureties. 
§§921-928. 
Article 3. Bond and oath to be filed be- 
fore qualification. §§929, 930. 
Article 4. Tax-receivers. §§931-941. 
Section 1. Election and liability.. 

§§931-933. 
Section 2. Duties of tax-receiver. 

§934. 
Section 3. Examination and correction 
of returns by grand jury. §§935- 
939. 
Section 4. Tax-receiver's comp ensa- 
tion. §§940, 941. 
Article 5. Tax-collectors. §§942-966. 
Section 1. Election and oath. §§942- 

944. 
Section 2. T a x-c ollectors' bonds. 

§§945-948. 
Section 3. Tax-collectors' duties. 

§§949, 950. 
Section 4. Report to grand jury and 

comptroller. §§951, 952. 
Section 5. Bonds of collectors in cer- 
tain counties. §953. 
Section 6. Weekly reports in such 

counties. §§954-957. 
Section 7. Collector, when ex officio 

sheriff. §§958-960. 
Section 8. Execution-docket, receipt,, 
and stub-book. §§961-966. 
Article 6. Compensation of collectors 

and receivers. §§967, 968. 
Article 7. Miscellaneous provisions. 
§§969-978. 
Section 1. Comptroller to make rules. 

§§969-971. 
Section 2. Suit on bonds. §972. 
Section 3. Tax-receiver and tax-col- 
lector to be different persons. 
§973. 
Section 4. Record and lien of tax offi- 
cers' bonds. §§974-978. 
Chapter 4. Revenue from other sources. 

§§979-981. 
Chapter 5. State depositories. §§982-995. 



XXX 



CONTENTS. 



NINTH TITLE. 
Public Debt. §§996-1013. 
Chapter 1. Public debt. §§996-1013. 

TENTH TITLE. 
Public Property. §§1014-1093. 



Chapter 1. Public buildings. §§1014-1017. 
Chapter 2. Land owned by the State. 

§1018. 
Chapter 3. Stock owned by the State. 

§1019. 



Chapter 4. The "Western and Atlantic Pail- 
road and its government. §§1020-1069. 

Chapter 5. Public printing. §§1070-1076. 

Chapter 6. Publication of Georgia reports. 
§§1077-1093. 



ELEVENTH TITLE. 
Public Defense. §§1094-1270. 



Chapter 1. Volunteer forces. §§1094-1141. 
Article 1. Staff and organization. 
§§1094-1099. 
Section 1. Staff-officers. §§1094-1097. 
Section 2. Organization. §§1098, 1099. 
Article 2. Regiments, battalions, com- 
panies, etc. §§1100-1110. 
Section 1. Volunteer forces, how di- 
vided. §1100. 
Section 2. Regiments. §1101. 
Section 3. Battalions. §1102. 
Section 4. Companies. §1103. 
Section 5. Volunteers. §§1104-1108. 
Section 6. Definition of terms, vacan- 
cies. §§1109, 1110. 
Article 3. Chartered companies. §§1111 

1112. 
Article 4. Graduate officers. §§1113, 

1114. 
Article 5. Company elections. §1115. 
Article 6. Regimental and battalion elec- 
tions. §§1116, 1117. 
Article 7. Resignation and discharge of 

officers. §§1118-1121. 
Article 8. Appointments. §1122. 
Article 9. Examination of officers. 

§§1123-1126. 
Article 10. Oath of officers. §1127. 
Article 11. Discharge of enlisted men. 
§1128. 

Article 12. Acceptance of other office. 
§1129. 

Article 13. Medical department. §§1130- 
1136. 



Article 14. Hospital and ambulance 
corps. §§1137-1141. 
Chapter 2. Sundry regulations. §§1142- 
1149. 

Article 1. Contested elections. §1142. 

Article 2. Duration of commission. 
§1143. 

Article 3. Uniforms. §§1144-1148. 

Article 4. Flag of the State. §1149. 
Chapter 3. The public arms and arsenals. 
§§1150-1162. 

Article 1. Arsenals. §§1150, 1151. 

Article 2. Military storekeepers. 
§§1152-1155. 

Article 3. Armory. §1156. 

Article 4. Arms and munitions. §§1157- 
1162. 
Chapter 4/ Parades. §§1163-1167. 

Article 1, Parades, when and by whom 
ordered. §1163. 

Article 2. Order at parades. §§1164, 
1165. 

Article 3. Sutlers, etc. §§1166, 1167. 
Chapter 5. Duty in case of invasion, riots, 
and mob violence. §§1168-1178. 

Article 1. "War or invasion. §1168. 

Article 2. Riots, mobs, etc. §1169. 

Article 3. Power of mayor in cases of 
emergency. §1170. 

Article 4. Order to disperse before fir- 
ing. §1171. 

Article 5. Penalty for riot and failing to 
disperse. §§1172, 1173. 

Article 6. Assaulting troops and resist- 
ing attack. §§1174-1176. 



CONTENTS. 



XXXI 



ELEVENTH TITLE.— Continued. 



Article 7. Right of way for troops. 
§41177, 1178. 
Chapter 6. Protection of prisoners ; trial 
of volunteers, and change of venue. 
§§1179-1182. 
Chapter 7. Courts martial. §§1183-1199. 
Article 1. Organization and jurisdiction 
of general courts martial. §§1183- 
1193. 
Article 2. Special courts martial. 

§§1194, 1195. 
Article 3. Service of notice; venue. 

§1196. 
Article 4. Punishment. §1197. 
Article 5. Pay of courts; contempts. 
§§1198, 1199. 
Chapter 8. Exemption from jury and road 

duty. §1200. 
Chapter 9. Regulations by Governor. 

§§1201-1203. 
Chapter 10. Military fund. §1204. 
Chapter 11. Other organizations not to be 
formed or drilled. §1205. 



Chapter 12. Volunteer forces not to leave 
State. §1206. 

Chapter 13. Advisory board, and proceed- 
ings for disbandment of companies. 
§§1207-1214. 

Chapter 14. Encampment. §§1215-1217. 

Chapter 15. Military provisions and rules. 
§§1218-1228. 

Chapter 16. Miscellaneous provisions. 
§§1229-1239. 

Chapter 17. Naval militia. §§1240-1249. 

Chapter 18. Pensions. §§1250-1270. 

Article 1. Pensions for maimed and in- 
firm Confederate soldiers. §§1250- 
1253. 

Article 2. Pensions to aged and infirm 
Confederate soldiers. §§1254-1261. 

Article 3. Pensions for widows of Geor- 
gia Confederate soldiers. §§1262- 
1266. 

Article 4. Miscellaneous provisions. 
§§1267-1270. 



TWELFTH TITLE. 
Education. §§1271-1408. 



Chapter 1. The University of Georgia and 
its organization. §§1271-1303. 
Article 1. The University of Georgia. 

§§1271-1299. 
Article 2. Branches of the University. 

§§1300, 1301. 
Article 3. Farmers' institutes. §§1302, 
1303. 
Chapter 2. Academy for the Blind. §§1304- 

1318. 
Chapter 3. Academy for the Deaf and 

Dumb. §§1319-1333. 

Chapter 4. County academies. §§1334-1337. 

Chapter 5. Public-school system. §§1338- 

1408. 

Article 1. Common schools. §§1338-1352. 

Section 1. State school board. §§1338- 

1342. 

Section 2. State school commissioner, 

his powers and duties. §§1343-1352. 

Article 2. County organization. §§1353- 

1365. 

Section 1. County boards. §§1353-1358. 

Section 2. Subdistricts and trustees 
thereof. §§1359-1362. 



Section 3. Control of school property. 

§1363. 
Section 4. School courts. §1364. 
Section 5. Text-books. §1365. 
Article 3. County school commissioner. 
§§1366-1388. 
Section 1. Election, removal, etc. 

§§1366-1369. 
Section 2. Examination, grading, and 

license of teachers. §§1370-1373. 
Section 3. Other duties of county 

school commissioner, compensa- 
tion, etc. §§1374-1376. 
Section 4. Reports of teachers ; tuition ; 

manual and night schools. §§1377- 

1380. 

Section 5. School funds and school 

property. §§1381-1386. 
Section 6. Administration o f oaths ; 
report to grand jury. §§1387, 1388. 
Article 4. Enumeration of school chil- 
dren. §§1389-1391. 
Article 5. Private schools. §§1392, 1393. 
Article 6. Schools in cities. §1394. 



XXX11 



CONTENTS. 



TWELFTH TITLE.— Continued. 



Article 7. Arbor day; vaccination. 

§§1395-1397. 
Article 8. Industrial education in public 

schools. §§1398. 



Article 9. Taxation by counties for com- 
mon schools. §§1399-1401. 

Article 10. Finances of the common 
schools. §§1402-1408. 



THIRTEENTH TITLE. 



Police and Sanitary Regulations. §§1409-1550. 



Chapter 1. Lunatic Asylum. §§1409-1451. 
Article 1. The trustees. §§1409-1422. 
Article 2. Physicians. §§1423,1424. 
Article 3. Marshal. §§1425, 1426. 
Article 4. Superintendent. §§1427, 1428. 
Article 5. Admission, management, and 
discharge of patients. §§1429-1451. 
Chapter 2. Private insane asylum, protec- 
tion of inmates. §§1452-1455. 
Chapter 3. Health and quarantine. §§1456- 

1476. 
Chapter 4. Practice of medicine, how reg- 
ulated. §§1477-1491. 
Article 1. Practitioners. §§1477-1481. 



Article 2. Medical board. §§1482-1491. 
Chapter 5. State board of pharmacy. 

§§1492-1503. 
Chapter 6. Dentists, and practice of den- 
tistry. §§1504-1510. 
Chapter 7. Protection of cemeteries. 

§§1511-1518. 
Chapter 8. Liquor. §§1519-1550. 
Article 1. Retail licenses. §§1519-1530. 
Article 2. Inspection of liquors. §§1531— 

1534. 
Article 3. Regulating the sale of liquors. 

§§1535-1540. 
Article 4. Local option. §§1541-1550. 



FOURTEENTH TITLE. 
Regulations for Particular Branches op Trade and Agriculture. §§1551-1741. 



Chapter 1. Inspection. §§1551-1588. 
Article 1. Inspection, analysis, and sale 
of fertilizers. §§1551-1578. 
Section 1. Analysis. §§1551-1556. 
Section 2. Chemists and inspectors and 

fees. §§1557-1561. 
Section 3. Sale of fertilizers, when il- 
legal. §1562. 
Section 4. Tags and registration. 

§§1563, 1564. 
Section 5. Inspectors. §§1565-1569. 
Section 6. Regulating sale of fertili- 
zers. §§1570-1578. 
Article 2. Inspection of oils. §§1579- 
1588. 
Chapter 2. Inspection of naval stores and 
other articles. §§1589-1600. 
Article 1. Inspection of naval stores and 
lumber. §§1589-1598. 

Article 2. Appointment of inspectors by 
cities, and their duties. §§1599, 
1600. 



Chapter 3. Regulations of agriculture, etc. 
§§1601-1633. 
Article 1. Cotton, rice, etc. §§1601- 

1609. 
Article 2. Cultivation of rice. §§1610- 

1620. 
Article 3. Flour, corn, meal, and grain. 

§§1621-1630. 
Article 4. Mills and millers. §§1631-1633. 
Chapter 4. Weights and measures. §§1634- 
1639. 

Chapter 5. Peddling. §§1640-1650. 
Chapter 6. Pilotage. §§1651-1690. 

Chapter 7. Oysters. §§1691-1711. 

Chapter 8. State geologist. §§1712-1725. 

Chapter 9. Phosphate dep o s i t s. §§1726- 

1729. 
Chapter 10. State bureau of immigration. 

§§1730-1735. 
Chapter 11. Protection of trade-marks,. 

§§1736-1741. 



CONTENTS. 



XXXlll 



FIFTEENTH TITLE. 

Inclosures and Stock. §§1742-1788. 



Chapter 1. Estrays. §§1742-1756. 
Chapter 2. Marks and brands. §§1757-1761. 
Chapter 3. Inclosures and fences. §§1762- 
1788. 
Article 1. Fences. §§1762-1765. 
Article 2. Proceedings in case of damage 

by animals. §§1766-1768. 
Article 3. Gates. §§1769, 1770. 



Article 4. Watercourses and lines fences, 

when. §§1771, 1772. 
Article 5. Impounding animals. §§1773- 

1776. 
Article 6. Election for no fences. §§1777- 

1780. 
Article 7. Miscellaneous provisions. 

§§1781-1788. 



SIXTEENTH TITLE. 

Department of Agriculture. §§1789-1801. 



Chapter 1. Commissioner of agriculture. 
§§1789-1794. 



Chapter 2. Duty as to propagation and 
protection of fish. §§1795-1801. 



(3) 



SECTIONS OF CODE OF 1882. 



XXXV 



A TABLE SHOWING WHERE SECTIONS OF THE CODE OF 1882 MAY BE 

FOUND IN THIS CODE. 



Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


1 


1 


68 


131 


2 


2 


69 


132 


4 


4 


70 


133 


5 


5 


72 


134 


6 


6 


73 


135 


7 


7 


74 


136 


8 


8 


75 


139 


9 


9 


76 


140 


10 


10 


77 


141 


11 


11 


78 


142 


12 


12 


79 


143 


13 


13 


79(a) 


202, 233 


14 


14 


79 (b) 


157 


15 


16 


80 


176 


16 


17 


81 


177 


17 


18 


82 


178 


18 


19 


83 


179 


19 


20 


84 


180 


20 


21 


85 


181 


21 


22, 1815 


86 


184 


22 


23 


87 


185 


22(a) 


24 


88 


182 


23 


27 


88 (a) 


183 


24 


28 


89 


186 


28 


29 


90 


188 


35 


30 


91 


187 


40 


31 


91(a) 


189 


42 


5493, 4339 


91(b) 


190 


44 


1804 


91(c) 


191 


46 


1805 


91(d) 


192 


47 


1806 


92 


193 


48 


1807 


93 


194 


49 


116 


94 


196 


50 


117 


95 


197 


51 


118 


96 


198 


52 


119 


97 


199 


59 


120 


97 (a) 


201 


60 


121 


97 (b) 


195 


61 


122 


98 


203 


62 


123 


99 


204 


63 


126 


100 


205 


64 


127 


101 


206 


65 


128 


102 


209 


66 


129 


103 


210 


67 


130 


104 


211 



XXXVI 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


105 


212 


158 


254 


106 


213 


159 


255 


107 


214 


160 


256 


108 


215 


161 


257 


109 


217 


162 


258 


111 


218 


163 


259 


112 


208 


164 


260 


113 


216 


165 


261 


114 (a) 


305 


166 


262 


114 (b) 


137 


167 


263 


114 (c) 


138 


168 


264 


115 


151 


169 


265 


116 


152 


170 


266 


117 


153 


171 


267 


118 


154 


172 


269 


119 


156 


173 


270 


120 


155 


174 


271 


121 


159 


175 


272 


122 


163 


176 


273 


123 


164 


177 


274 


124 


144 


178 


289 


125 


145 


179 


290 


126 


146 


180 


292 


127 


147 


181 


293 


128 


148 


182 


294 


129 


223 


183 


295 


131 


225 


184 


296 


132 


226 


185 


301 


133 


227 


186 


304 


134 


228 


186 (a) 


302 


135 


229 


187 


306 


136 


231 


188 


308 


137 


232 


189 


309 


138 


230 


190 


310 


139 


234 


191 


311 


140 


235 


192 


312 


141 


236 


193 


313 


142 


237 


193 (a) 


314 


143 


238 


194 


315 


144 


239 


195 


316 


145 


240 


196 


317 


146 


241 


197 


318 


147 


242 


197 (a) 


319 


148 


243 


198 


320 


149 


244 


199 


321 


150 


245 


200 


322 


151 


246 


201 


323 


152 


248 


202 


324 


153 


249 


203 


4043 


154 


250 


204 


4044 


155 


251 


205 


4045 


156 


252 


206 


4047 


157 


253 


207 


4048 



SECTIONS OF CODE OF 1882. 



XXXVll 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


208 


4049 


250 (a) 


4327 


209 


4050 


251 


4328 


210 


5499 


252 


4329 


211 


5501 


253 


4330 


212 


5502 


254 


4220 


213 


5503 


255 


4347 


214 


5500 


256 


4348 


215 


5504 


257 


4350 


216 


5505 


258 


4351 


217 


5588 


259 


4352 


218 


5498 


260 


4353 


219 


5587 


261 


4354 


220 


5507 


262 


4355 


221 


5508 


263 


4356 


222 


5509 


264 


4357 


223 


5510 


265 


4358 


223 (a) 


5511 


266 


4359 


224 


5512 


267 


4360 


225 


5513 


268 


4362 


225 (a) 


5514 


269 


4363 


226 


5515 


270 


4364 


227 


5519 


271 


4365 


228 


5517 


272 


4366 


228 (a) 


1077 


273 


4367 


228 (b) 


1078 


274 


4900 


228 (c) 


1079 


I 275 


4905 


228 (d) 


160 


276 


4906 


228 (e) 


5516 


277 


4907 


228 (f) 


1089 


278 


4912 


228 (g) 


1090 


278 (a) 


2333 


228 (h) 


161 


279 


4170-4172 


228 (i) 


162 


279 (a) 


4175 


230 


1092 


279 (b) 


4186 


231 


1093 


280 


4174 


236 


4310 


280 (a) 


4178, 4179 


237 


4311 


281 


4173 


238 


4312 


282 


4193, 4195 


239 


4313 


283 (a) 


4196 


240 


4314 


283 (b) 


4197 


241 


4315 


283 (c) 


4198, 4204 


242 


4316 


283 (d) 


4200 


243 


4317 


283 (e) 


4183 


244 


4318 


283 (f) 


4194 


245 


4319 


284 


4199 


246 


4320 


284 (a) 


4201 


247 


4321 


284 (b) 


4202 


247 (a) 


4335 


285 


4203 


247 (b) 


4338 


286 


4214 


247 (c) 


4337 


287 


4215 


247 (d) 


4338 


287 (a) 


4190 


248 


4322 


288 


4190 


249 


4325 


289 


4189 


250 


4328 


291 


4181, 4185 



XXXV111 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


292 


4205 


362 


4382 


293 


4206 


363 


4383 


294 


4207 


364 


4384 


295 


4208 


365 


4385 


296 


4217 


366 


4386 


312 


4282 


367 


219 


313 


4176 


369 


220 


316 


4173 


370 


221 


317 (a) 


4209 


371 


222 


317 (b) 


4210 


372 


4387 


317 (c) 


4211 


373 


4388 


317 (d) 


4212 


374 


4389 


317 (e) 


4213 


375 


4390 


318 


4218 


376 


4391 


319 


4219 


377 


4392 


320 


4221 


378 


4393 


321 


4222 


379 


4394 


322 


4223 


384 


4395 


323 


4224 


387 


4396 


324 


4225 


388 


4397 


325 


4226 


389 


4398 


327 


4228 


390 


4399 


328 


4229 


391 


4400 


329 


4230 


392 


4401 


330 


4231 


393 


4402 


331 


4232 


394 


4403 


332 


4233 


395 


4404 


333 


4234 


396 


4405 


334 


4235 


397 


4407 


335 


4236 


398 


4406 


336 


4237 


399 


4408 


337 


4238 


400 


4409 


338 


4240 


401 


4410 


340 


4241 


402 


4411 


340(a) 


4080 


403 


4412 


340 (b) 


4081 


404 


4413 


341 


4247 


405 


4414 


342 


4248 


406 


4415 


343 


4249 


407 


4416 


344 


4250 


408 


4417 


345 


4368 


409 


4418 


346 


4369 


410 


4420 


347 


4370 


411 


4421 


348 


4371 


412 


4422 


349 


4372 


413 


4423 


350 


4373 


414 


4424 


351 


4374 


415 


4425 


352 


4375 


416 


4426 


353 


4376 


417 


4427 


354 


4377 


418 


4429 


355 


4378 


419 


4430 


360 


4379 


420 


4431 


361 


4380 


421 


4432 



SECTIONS OF CODE OF 1882. 



XXXIX 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882.'- 


in this Code. 


422 


4433 


476 


4097 


423 


4434 


477 


4098 


424 


4435 


478 


4099 


425 


4436 


479 


4100 


426 


4437 


480 


711 


427 


4438 


480 (a) 


712 


428 


4439 


481 


330 


429 


4440 


482 


331 


430 


4441 


483 


332 


431 


4442 


484 


333 


432 


4443 


485 


334 


433 


4444 


486 


335 


434 


4445 


487 


336 


435 


4051 


488 


337 


436 


4052 


489 


338 


437 


4059 


490 


339 


438 


4061 


491 


340 


439 


4062 


491 (a) 


375 


440 


4063 


492 


342 


441 


4064 


493 


343 


442 


4065 


493 (a) 


344 


443 


4066 


493 (b) 


345 


444 


4067 


493 (c) 


346 


446 


4068 


494 


347 


447 


4069 


495 


348 


448 


4070 


496 


351 


449 


4071 


497 


352 


450 


4072 


498 


353 


451 


4073 


499 


354 


452 


4075 


500 


358 


453 


4076 


501 


355 


454 


4077 


502 


395 


455 


4078 


503 


396 


456 


4079 


504 


359 


457 


4082 


505 


360 


458 


4104 


506 


361 


459 


4105 


507 


362 


460 


4106 


508 


363 


461 


4107 


508 (a) 


364 


462 


4108 


508 (b) 


365 


463 


4083 


508 (c) 


366 


464 


4084 


508 (d) 


367 


465 


4085 


508 (e) 


368 


466 


4087 


508 (f) 


369 


467 


4088 


508 (g) 


370 


468 


4089 


508 (h) 


371 


469 


4090 


508 (i) 


377 


470 


4091 


508 (j) 


378 


471 


4092 


508 (k) 


379 


472 


4093 


508 (1) 


380 


473 


4094 


508 (m) 


381 


474 


4095 


508 (n) 


382 


475 


4096 


508 (o) 


383 



xl 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


508 (r) 


384 


550 


457 


508 (s) 


385 


551 


458 


508 (x) 


391 


552 


459 


508 (y) 


392 


553 


460 


508 (z) 


393 


554 


461 


508 (aa) 


394 


555 


462 


508 (mm) 


758 


556 


463 


508 (m3) 


759 


557 


464 


508 (m*) 


760 


558 


465 


508 (m5) 


761 


559 


466 


509 


399 


560 


467 


510 


400 


561 


468 


511 


401 


563 


469 


512 


402 


564 


470 


513 


403 


565 


471 


514 


404 


566 


473 


514 (a) 


397 


567 


474 


515 


398 


568 


475 


516 


405 


569 


476 


517 


406 


570 


477 


518 


407 


571 


478 


519 


408, 409 


572 


479 


520 


410 


573 


480 


521 


411 


574 


481 


522 


412 


575 


482 


523 


413 


577 


483 


524 


414 


578 


484 


525 


415 


579 


485 


526 


416 


580 


486 


527 


417 


581 


489 


528 


420 


582 


491 


529 


421 


583 


492 


530 


422 


584 


493 


531 


423 


585 


494 


532 


424 


586 


495 


533 


425 


588 


496 


534 


1642 


588 (a) 


4986 


535 


1524 


589 


497 


536 


1525 


596 


4074 


537 


1526 


597 


509 


538 


1527 


598 


510 


539 


1528 


599 


511 


540 


1529 


600 


512 


541 


1530 


601 


514 


542 


448 


602 


515 


543 


449 


603 


516 


544 


450 


604 


520 


545 


451 


605 


521 


546 


452 


606 


522 


547 


453 


607 


523 


548 


454 


608 


524 


549 


455 


609 


525 


549 (a) 


456 


610 


526 



SECTIONS OF CODE OF 1882. 



xli 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


611 


527 


662 


594 


612 


528 


663 


595 


613 


529 


664 


596 


614 


530 


665 


597 


615 


531 


666 


598 


616 


532 


667 


599 


616 (a) 


533 


668 


600 


616 (b) 


534 


669 


601 


616 (c) 


535 


670 


602 


616 (d) 


536 


671 


603 


617 


537 


672 


604 


618 


538 


673 


605 


619 


539 


674 


606 


620 


540 


675 


607 


621 


541 


676 


608 


622 


542 


677 


609 


623 


543 


678 


610 


624 


544 


679 


611 


625 


545 


680 


612 


626 


546 


681 


613 


627 


547 


682 


614 


628 


548 


683 


615 


629 


549 


684 


616 


630 


550 


685 


617 


631 


551 


686 


618 


632 


552 


687 


619 


633 


553 


688 


620 


634 


554 


689 


621 


635 


555 


690 


622 


636 


556 


691 


623 


637 


557 


692 


624 


638 


558 


693 


625 


639 


559 


694 


626 


640 


560 


695 


627 


641 


561 


696 


628 


642 


562 


697 


629 


643 


563 


698 


630 


644 


564 


699 


631 


645 


565 


700 


632 


646 


566 


701 


633 


647 


567 


702 


634 


648 


568 


703 


635 


649 


569 


704 


636 


650 


570 


705 


2219 


651 


572 


706 


2220 


652 


753 


707 


2221 


653 


584 


708 


2222 


654 


585 


709 


2223 


655 


586 


710 


2224 


656 


587 


711 


2225 


657 


588 


712 


2226 


658 


589 


713 


2227 


661 


591 


714 


2228 



xlr 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


715 


2229 


738 


679 


716 


2230 


739 


680 


717 


2231 


740 


681 


718 


2232 


741 


682 


719 


2233 


741 (a) 


4239 


719 (a) 


2185 


744 


652 


719 (b) 


2186 


746 


653 


719 (c) 


2187 


747 


654 


719 (d) 


2188 


750 


657 


719 (e) 


2189 


752 


655 


719 (f) 


2190, 2191 


753 


656 


719 (g) 


2192 


754 


426 


719 (h) 


2193 


755 


427 


719 (i) 


2196 


756 


428 


719 (j) 


2197 


757 


429 


719 (k) 


2198 


758 


430 


719 (1) 


2199 


759 


431 


719 (m) 


2200 


760 


435 


719 (n) 


2201 


761 


436 


719 (o) 


2210 


762 


437 


719 (p) 


2211 


763 


438 


719 (q) 


2212 


764 


439 


719 (r) 


2213 


765 


440 


719 (s) 


2214 


766 


441 


719 (t) 


2215 


767 


442 


719 (u) 


2216 


768 


443 


719 (v) 


637 


769 


444 


719 (w) 


638 


770 


445 


719 (x) 


639 


771 


446 


719 (y) 


640 


773 


447 


719 (z) 


641 


774 


684 


719 (aa) 


646 


775 


685 


719 (bb) 


647 


776 


686 


719 (cc) 


648 


777 


687 


719 (dd) 


649 


778 


688 


720 


661 


779 


689 


721 


662 


780 


690 


722 


663 


781 


691 


723 


664 


782 


692 


724 


665" 


783 


693 


725 


666 


784 


694 


726 


667 


785 


695 


727 


668 


786 


696 


728 


669 


786 (a) 


697 


729 


670 


786 (b) 


698 


730 


671 


786 (c) 


699 


731 


672 


787 


700 


732 


673 


788 


701 


733 


674 


789 


702 


734 


675 


790 


703 


735 


676 


791 


704 


736 


677 


792 


705 


737 


678 


793 


706 



SECTIONS OF CODE OF 1882. 



xliii 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


794 


707 


843 


850 


795 


708 


844 


851 


796 


709 


845 


852 


797 


710 


846 


836 


798 


762 


848 


837 


799 


767 


849 


838 


801 


776 


850 


843 


802 


777 


851 


844 


803 


769 


852 


845 


804 


770 


853 


846 


805 


771 


854 


847 


806 


772 


855 


848 


807 


773 


856 


849 


808 


774, 941 


857 


854 


809 


775 


858 


859 


809 (a) 


790 


859 


860 


809 (b) 


791 


860 


861 


809 (c) 


792 


861 


862 


809 (d) 


793 


862 


863 


809 (e) 


794 


863 


864 


809 (f) 


795 


864 


865 


809 (g) 


796 


865 


866 


809 (h) 


797 


866 


867 


809 (i) 


798 


867 


868 


809 (j) 


799 


868 


869 


809 (k) 


800 


869 


870 


809 (m) 


801 


870 


855 


811 


802 


871 


856 


812 


883 


873 


820 


813 


885 


874 


207 


814 


886 


874 (b) 


821 


826 


805 


874 (c) 


910 


826 (a) 


780 


874(d) 


857 


826 (b) 


781 


875 (a) 


858 


826 (c) 


782 


875 (c) 


809 


826 (c«) 


783 


875 (d) 


810 


826 (d) 


812 


875 (e) 


811 


826 (e) 


813 


876 


874 


826 (f) 


814 


877 


875 


826 (g) 


815 


878 


876 


827 


826 


879 


877 


828 


816 


880 


878 


829 


817 


881 


879 


830 


818 


882 


880 


831 


819 


883 


881 


832 


804 


884 


882 


833 


806 


885 


853 


833 (a) 


807 


886 


894 


834 


827 


886 (a) 


897 


839 


839 


887 


902 


840 


840 


888 


905 


841 


841 


888 (a) 


901 


842 


842 


889 


906 



xliv 



SECTIONS OF CODE OF 1882. 



Number of Section 
in Code of 1882. 



890 

891 

891 (a) 

892 

893 

894 

896 

897 



899 
902 
903 
904 
905 
906 
907 
908 
909 
910 
911 
912 
913 
914 

915 

916 

917 

918 

919 

920 

921 

923 

923 (a) 

923 (b) 

923 (c) 

923 (d) 

923 (e) 

924 

925 

926 

927 

928 

929 

930 

931 

932 

933 

934 

935 

935 (a) 

935 (b) 
936 

936 (a) 
937 
938 



Number of Section 
in this Code. 



907 
898 
888 
912 
913 
914 
899 
908 
909 
911 
918 
919 
920 
921 
922 
923 
924 
924 
924 
925 
926 
927 
928 

929 
930 
931 
932 
933 
934 
828 
829 
831 
935 
936 
937 
938 
939 
830 
940 
942 
943 
944 
945 
946 
947 
948 
949 
950 
951 
952 
967 
968 
969 
970 - 



Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


939 


971 


940 (a) 


972, 973 


941 


979 


942 


980 


943 


981 


943 (b) 


983 


943 (c) 


993 


943 (d) 


985 


943 (e) 


992 


943 (f) 


994 


943 (g) 


995 


944 


996 


945 


997 


946 


998 


947 


999 


948 


1000 


949 


1001 


950 


1002 


951 


1003 


952 


1004 


953 


1005 


954 


1006 


955 


1007 


956 


1008 


957 


1008 


958 


1009 


959 


1010 


959 (a) 


1011 


959 (b) 


1012 


959 (c) 


1013 


960 


1014 


961 


1015 


962 


1018 


963 


1020 


964 


1021 


965 


1022 


966 


1023 


967 


1024 


968 


1025 


969 


1026 


970 


1027 


971 


1028 


972 


1029 


973 


1030 


973 (b) 


984 


974 


1031 


975 


1032 


976 


1033 


977 


1034 


978 


1035 


979 


1036 


980 


1037 


981 


1038 



SECTIONS OP CODE OP 1882. 



xlv 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


982 


1039 


1103 (aa) 


1218 


983 


1040 


1103 (bb) 


1219 


984 


1041 


1103 (cc) 


1220 


985 


1042 


1103 (dd) 


1221 


986 


1043 


1103 (ee) 


1222 


987 


1044 


1103 (gg) 


1195 


988 


1045 


1103 (hh) 


1196 


989 


1046 


1103 (ii) 


1197 


990 


1047 


1103 (jj) 


1198 


991 


1048 


1103 (kk) 


1199 


992 


1049 


1103 (oo) 


1202 


993 


1050 


1103 (pp) 


1203 


994 


1051 


1103 (ss) 


1149 


995 


1052 


1131 


1183 


996 


1053 


1132 


1184 


997 


1054 


1133 


1185 


998 


1055 


1134 


1186 


999 


1056 


1135 


1187 


1000 


1057 


1136 


1188 


1001 


1058 


1137 


1189 


1002 


1059 


1138 


1190 


1003 


1060 


1139 


1191 


1004 


1061 


1140 


1192 


1005 


1062 


1141 


1193 


1006 


1063 


1143 


1165 


1007 


1064 


1145 


1166 


1008 


1065 


1146 


1167 


1009 


1066 


1162 


1229 


1010 


1067 


1163 


1224 


1011 


1068 


1164 


1230 


1012 


1069 


1165 


1231 


1013 


1019 


1166 


1225 


1016 


1016 


1167 


1226 


1040(a) 


1070 


1168 


1227 


1040 (b) 


1071 


1169 


1232 


1040 (c) 


1072 


1170 


1233 


1040 (d) 


1073 


1171 


1234 


1040 (e) 


1074 


1172 


1235 


1040 (f) 


1075 


1173 


1236 


1040 (g) 


1076 


1174 


1237 


1046 


165 


1175 


1238 


1047 


167 


1176 


1239 


1048 


166, 168 


1177 


1228 


1049 


169 


1178 


1223 


1050 


170 


1180 


1150 


1051 


171 


1187 


1151 


1103 (b) 


1104 


1188 


1152 


1103 (p) 


1142 


1189 


1153 


1103 (q) 


1143 


1190 


1154 


1103 (s) 


1144 


1191 


1155 


1103 (v) 


1159 


1192 


1271 


1103 (w) 


1160 


1193 


1272 


1103 (y) 


1164 


1196 


1284 



xlvi 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


1197 


1285 


1285 


69 


1199 


1286 


1286 


70 


1202 


1291 


1287 


71 


1203 


1292 


1288 


72 


1204 


1293 


1289 


73 


1205 


1294 


1290 


75 


1206 


1295 


1291 


76 


1208 


1296 


1292 


74 


1209 


1297 


1293 


77 


1210 


1298 


1295 


78 


1211 


1299 


1296 


79 


1212 


1304 


1297 


80 


1213 


1305 


1298 


81 


1214 


1306 


1299 


72 (10) 


1215 


1307 


1301 


82 


1216 


1308 


1305 


83 


1217 


1309 


1306 


84 


1218 


1310 


1307 


85 


1219 


1311 


1308 


86 


1220 


1312 


1309 


87 


1221 


1313 


1310 


88 


1222 


1314 


1311 


89 


1223 


1315 


1312 


90 


1224 


1316 


1313 


91 


1225 


1317 


1314 


92 


1226 


1318 


1315 


93 


1227 


1319 


1316 


94 


1229 


1320 


1317 


95 


1230 


1321 


1318 


96 


1231 


1322 


1319 


97 


1232 


1323 


1320 


98 


1233 


1324 


1321 


99 


1234 


1325 


1322 


100 


1235 


1326 


1323 


101 


1235 (a) 


1327 


1324 


102 


1235 (b) 


1328 


1325 


103 


1235 (c) 


1329 


1326 


104 


1235 (d) 


1330 


1327 


105 


1235 (e) 


1331 


1328 


106 


1236 


1332 


1330 


110 


1237 


1333 


1331 


108 


1238 


1334 


1332 


109 


1239 


1335 


1334 


112 


1240 


1336 


1335 


325 


1241 


1337 


1336 


326 


1242-1275 


1338-1408 


1337 


327 


1275 (b) 


1397 


1338 


328 


1276 


32 


1340 


329 


1277 


33 


1341 


1409 


1281 


34 


1342 


1410 


1282 


66 


1344 


1411 


1283 


67 


1344 (a) 


1416 


1284 


68 


1344 (b) 


1412 



SECTIONS OF CODE OF 1882. 



xlvii 



Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


1344 (c) 


1413 


1409 (b) 


1478 


1344 (d) 


1414 


1409 (c) 


1479 


1344 (e) 


1415 


1409 (d) 


1480 


1345 


1417 


1409 (f) 


1481 


1346 


1418 


1410 


1504 


1347 


1419 


1411 


1505 


1348 


1420 


1413 


1507 


1349 


1421 


1414 


1508 


1350 


1422 


1415 


1509 


1351 


1427 


1417 (a) 


1510 


1352 


1428 


1419 


1519 


1353 


1429 


1420 


1536 


1354 


1430 


1421 


1537 


1354 (4) 


1431 


1422 


1538 


1355 


1432 


1423 


1539 


1356 


1433 


1424 


1540 


1356 (a) 


1434 


1425 


3562 


1357 


1435 


1426 


3563 


1357 (a) 


1436 


1427 


1742 


1358 


1437 


1428 


1743 


1359 


1438 


1429 


1744 


1360 


1439 


1430 


1745 


1361 


1440 


1431 


1751 


1362 


1441 


1432 


1746 


1363 


1442 


1433 


1747 


1364 


1443 


1434 


1748 


1365 


1444 


1435 


1749 


1368 


1445 


1436 


1750 


1369 


1446 


1437 


1756 


1370 


1447 


1438 


1757 


1371 


1448 


1439 


1758 


1372 


1449 


1440 


1759 


1373 


1450 


1441 


1760 


1374 


1451 


1442 


1761 


1375 


1457 


1443 


1762 


1376 


1458 


1444 


1763 


1377 


1459 


1444 (a) 


1764 


1378 


1460 


1445 


1766 


1379 


1461 


1446 


1767 


1380 


1462 


1447 


1768 


1381 


1463 


1448 


1771 


1382 


1464 


1449 


1772 


1383 


1465 


1450 


1773 


1384 


1466 


1451 


1774 


1385 
1386 
1387 
1388 
1389 
1390 
1391 
1392 
1393 


1467 
1468 
1469 
1470 
1471 
1472 
1473 
1474 
1475 


1452 
1453 

1455 
1455 (a) 
1455 (c) 
1455 (d) 
1455 (e) 
1455 (f) 
1455 (g) 
1455 (h) 


1775 

1775, 1776 
1777 
1781 

1782 
1783 
1784 
1785 
1786 
1787 







xlviii 



SECTIONS OF CODE OF 1882, 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


1455 (i) 


1788 


1511 


1664 


1460 


1631 


1514 


1665 


1461 


1632 


1515 


1666 


1462 


1633 


1518 


1667 


1463 


2291 


1519 


1668 


1464 


2292 


1521 


1669 


1465 


1476 


1522 


1670 


1465 (a) 


1789 


1523 


1671 


1465 (c) 


1791 


1524 


1672 


1465 (d) 


1792 


1525 


1673 


1465 (e) 


1793 


1526 


1674 


1465 (f) 


1794 


1527 


1675 


1465 (k) 


1795 


1528 


1676 


1465 (1) 


1796 


1529 


1677 


1465 (m) 


1797 


1530 


1678 


1465 (n) 


1798 


1531 


1679 


1465 (o) 


1799 


1532 


1680 


1472 


1955 


1533 


1681 


1473 


1956 


1534 


1682 


1474 


1957 


1536 


1684 


1475 


1958 


1537 


1685 


1476 


1959 


1538 


1686. 


1477 


1960 


1539 


1687 


1478 


1961 


1540 


1688 


1479 


1962 


1541 


1689 


1480 


1963 


1542 


1690 


1481 


1964 


1553 (c) 


1557 


1482 


1965 


1553 (f) 


1558 


1483 


1966 


1554 


1621 


1484 


1967 


1555 


162a 


1485 


1969 


1556 


1624 


1486 


1970 


1557 


1625 


1487 


1971 


1558 


1626. 


1488 


1972 


1559 


1627 


1489 


1973 


1560 


1628 


1490 


1974 


1561 


1629 


1491 


1975 


1562 


1630' 


1492 


1976 


1563 


1600 


1493 


1977 


1563 (a) 


1591 


1494 


1978 


1564 


1592 


1495 


1980 


1564 (a) 


1593 


1497 


498 


1565 


1594 


1498 


499 


1565 (a) 


1595 


1499 


500 


1567 


1596; 


1500 


501 


1568 


1597 


1501 


502 


1569 


1598 


1502 


503 


1570 


1599 


1503 


505 


1577 


1588 


1503 (a) 


507 


1578 


1588 


1504 


1651 


1579 


1588 


1506 


1661 


1580 


1531 


1507 


1662 


1581 


1532 


1510 


1663 


1584 


1533 



SECTIONS OF CODE OF 1882. 



xlix 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


1586 


1534 


1660 


1814 


1587 (a) 


1634 


1661 


1816 


1588 


1635 


1662 


1817 


1589 


1636 


1663 


1818 


1590 


1637 


1665 


1819 


1591 


1638 


1666 


1820 


1592 


1639 


1667 


1821 


1593 


3546 


1668 


1822 


1599 


1601, 1602 


1669 


1823 


1600 


1603 


1670 


1831 


1601 


1604 


1671 


1832 


1602 


1605 


1672 


1833 


1603 


1606 


1672 (a) 


719 


1604 


1607 


1672 (b) 


720 


1605 


1608 


1672 (c) 


721 


1606 


1609 


1672 (d) 


722 


1607 


1610 


1672 (f) 


754 


1608 


1611 


1673 


1834 


1609 


1612 


1674 


1835 


1610 


1613 


1675 


1846 


1611 


1614 


1675 (a) 


1849 


1612 


1615 


1676 


2350 


1613 


1616 


1676 (b) 


2363 


1614 


1617 


1677 


2364 


1615 


1618 


1678 


1851 


1616 


1619 


1679 


1852 


1617 


1620 


1679 (a) 


1866 


1620 


1710 


1679 (c) 


1867 


1621 


1711 


1679 (d) 


1868 


1627 


2294 


1679 (e) 


1869 


1628 


2295 


1680 


1861 


1631 


1640 


1681 


1879 


1632 


1641 


1682 


1880 


1634 


1647 


1683 


1881 


1635 


1648 


1684 


1882 


1636 


1649 


1685 


1883 


1637 


1650 


1686 


1884 


1639 


281 


1687 


1885 


1640 


282 


1688 


1886 


1641 


283 


1689 


1887 


1642 


284 


1690 


1824 


1644 


285 


1691 


1825 


1645 


286 


1692 


1826 


1646 


287 


1693 


1827 


1647 


288 


1694 


1828 


1651 


1802 


1695 


1829 


1652 


1803 


1696 


1830 


1654 


1808 


1697 


2410 


1655 


1809 


1698 


2411 


1656 


1810 


1699 


2412 


1657 


1811 


1700 


2413 


1658 


1812 


1701 


2414 


1659 


1813 


1702 


2416 



(4) 



SECTIONS OF CODE OP 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


1703 


2417 


1756 


2476 


1704 


2418 


1757 


2477 


1705 


2419 


1758 


247S 


1706 


2420 


1759 


2479 


1707 


2421 


1761 


3354 


1708 


2422 


1762 (see 2484) 


3355 


1709 


2423 


1763 


4687 


1710 


2424 


1764 


4689 


1711 


2425 


1765 


4690 


1712 


2426 


1766 


4691 


1713 


2427 


1767 


4692 


1714 


2428 


1768 


4693 


1715 


2429 


1769 


4694 


1716 


2430 


1770 


4695 


1717 


2432 


1771 


4690 


1718 


2433 


1775 


2480 


1719 


2434 


1776 


2481 


1720 


2435 


1777 


2482 


1721 


2436 


1778 


2483 


1722 


2437 


1779 


2484 


1723 


2441 


1780 


2485 


1724 


2442 


1781 


2486 


1725 


2443 


1782 


2487 


1726 


2444 


1783 


2488 


1727 


2445 


1784 


2489 


1728 


2447 


1785 


2490 


1729 


2448 


1786 


2493 


1730 


2449 


1787 


2494 


1731 


2450 


1787 (a) 


2495 


1732 


2451 


1787 (b) 


2496 


1733 


2452 


1788 


2497 


1734 


2454 


1789 


2498 


1735 


2455 


1790 


2499 


1736 


2456 


1791 


2500 


1737 


2457 


1792 


2501 


1738 


2458 


1793 


2502 


1739 


2459 


1794 


2503 


1740 


2460 


1795 


2504 


1741 


2461 


1796 


2506 


1742 


2462 


1797 


2507 


1743 


2463 


1798 


2508 


1744 


2464 


1799 


2509 


1745 


2465 


1800 


2510 


1746 


2466 


1801 


2511 


1747 


2467 


1802 


2512 


1748 


2468 


1803 


2513 


1749 


2469 


1804 


2514 


1750 


2470 


1805 


2515 


1751 


2471 


1806 


2516 


1752 


2472 


1807 


2517 


1753 


2473 


1808 


2518 


1754 


2474 


1809 


2520 


1755 


2475 


1809 (a) 


2519 



SECTIONS OF CODE OF 1882. 



li 



Number of Section 


Number of Section 


j 

1 Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


1810 


2526 


1864 


2582 


1811 


2527 


1864 (a) 


2583 


1812 


2528 


1865 


2588 


1813 


2529 


1866 


2589 


1814 


2530 


1867 


2590 


1815 


2531 


1868 


2591 


1816 


2532 


1869 


2592 


1817 


2533 


1870 


2593 


1818 


2534 


1871 


2598 


1819 


2535 


1872 


2601 


1820 


2537 


1873 


2602 


1821 


2538 


1874 


2603 


1822 


2539 


1875 


2604 


1823 


2540 


1876 


2605 


1824 


2541 


1879 


2599 


1825 


2542 


1880 


2600 


1826 


2543 


1881 


2606 


1827 


2544 


1882 


2607 


1828 


2547 


1883 


2608 


1829 


2548 


1884 


2609 


1830 


2549 


1885 


2619 


1832 


2550 


1886 


2620 


1833 


2551 


1887 


2626 


1834 


2552 


1888 


2627 


1835 


2553 


1889 


2628 


1836 


2554 


1890 


2629 


1837 


2555 


1891 


2630 


1838 


2556 


1892 


2631 


1839 


2557 


1893 


2632 


1840 


2558 


1894 


2633 


1841 


2559 


1895 


2634 


1842 


2560 


1896 


2635 


1843 


2561 


1897 


2636 


1844 


2562 


1898 


2637 


1845 


2563 


1899 


2638 
2639 


1846 


2564 


1900 


1847 


2565 


1901 


2640 


1848 


2566 


1902 


2641 


1849 


2567 


1903 


2642 


1850 


2568 


1904 


2643 


1851 


2569 


1905 


2644 


1852 


2570 


1906 


2646 


1853 


2571 


1907 


2647 


1854 


2572 


1908 


2650 


1855 


2573 


1909 


2651 


1856 


2574 


1910 


2652 


1857 


2575 


1911 


2653 


1858 


2576 


1912 


2654 


1859 


2577 


1913 


2655 


1860 


2578 


1914 


2656 


1861 


2579 


1915 


2657 


1862 


2580 


1916 


2658 


1863 


2581 


1917 


2659 



lii 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


1918 


2660 


1970 


5432 


1919 


2661 


1971 


2775 


1920 


2662 


1972 


2787 


1921 


2663 


1973 


2791 


1922 


2664 


1974 


2792 


1923 


2665 


1975 


2793 


1924 


2666 


1976 


2794 


1925 


2667 


1977 


2795 


1926 


2668 


1978 


2800 


1927 


2669 


1979 


2801 


1928 


2670 


1980 


2804 


1929 


2671 


1981 


2805 


1930 


2672 


1982 


2806 


1931 


2673 


1983 


2807 


1932 


2674 


1984 


2808 


1933 


2675 


1985 


2809 


1934 


2677 


1986 


2810 


1935 


2678 


1987 


2812 


1936 


2676 


1988 


2813 


1937 


2679 


1989 


2814 


1938 


2680 


1990 


2815 


1939 


2681 


1991 


2816 


1940 


2682 


1991 (a) 


2817 


1941 


2683 


1992 


2818 


1942 


2684 


1993 


2819 


1943 


2685 


1994 


2788 


1944 


2686 


1995 


2821 


1945 


2687 


1996 


2822 


1946 


2688 


1997 


2823 


1947 


2689 


1998 


2824 


1948 


2690 


1999 


2825 


1949 


2691 


2000 


2789 


1950 


2693 


2001 


2826 


1951 


2694 


2002 


2827 


1952 


2695 


2003 


2828 


1953 


2697 


2004 


2829 


1954 


2723 


2005 


2830 


1955 


2724 


2006 


2831 


1955 (a) 


2776 


2006 (a) 


2832 


1956 


2726 


2007 


2833 


1957 


2727 


2008 


2834 


1958 


2728 


2009 


2835 


1959 


2729 


2010 


2836 


1960 


2730 


2010 (a) 


2837 


1961 


2731 


2011 


2838 


1962 


2732 


2012 


2839 


1963 


2733 


2013 


2840 


1964 


2734 


2016 (a) 


2841 


1965 


2739 


2019 


2842 


1966 


2740 


2022 


2843 


1967 


2741 


2023 


2845 


1968 


2742 


2024 


2846 


1969 


2771 


2025 


2847 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2026 


2848 


2068 


2276 


2027 


2849 


2069 


2278 


2028 


2850 


2070 


2279 


2029 


2851 


2071 


2280 


2030 


2852 


2072 


2281 


2031 


2853 


2073 


2282 


2032 


2854 


2074 


2284 


2033 


2855 


2075 


2285 


2034 


2856 


2076 


2286 


2035 


2857 


2077 


2287 


2036 


2858 


2078 


2293 


2037 


2859 


2079 


2289 


2038 


2860 


2080 


2290 


2038 (a) 


2861 


2081 


2288 


2039 


2862 


2082 


2296 


2039 (a) 


2863 


2083 


2297 


2039 (b) 


2864 


2084 


2298 


2039 (c) 


2865 


2084 (a) 


2303 


2040 


2866 


2084 (b) 


2304 


2041 


2867 


2084 (c) 


2305 


2042 


2868 


2084 (d) 


2306 


2043 


2869 


2085 


2903 


2044 


2870 


2086 


2904 


2045 


2871 


2087 


2905 


2046 


2872 


2088 


2906 


2046 (a) 


2873 


2089 


2907 


2048 (a) 


2874 


2090 


2908 


2049 


2875 


2091 


2909 


2050 


2876 


2092 


2910 


2051 


2877 


2093 


2911 


2052 


2879 


2094 


2912 


2053 


2880 


2095 


2913 


2054 


2882 


2096 


2914 


2055 


2883 


2097 


2915 


2056 


2884 


2098 


2916 


2057 


2885 


2099 


2917 


2057 (a) 


2886 


2100 


2918 


2057 (b) 


2888 


2101 


2919 


2057 (c) 


2889 


2102 


2920 


2057 (d) 


2890 


2103 


2921 


2057 (e) 


2891 


2104 


2922 


2057 (f) 


2892 


2105 


2923 


2057 (g) 


2893 


2106 


2924 


2058 


2894 


2107 


2925 


2059 


2895 


2108 


2926 


2060 


2897 


2109 


2927 


2061 


2898 


2110 


2928 


2062 


2899 


2111 


2929 


2063 


2900 


2112 


2930 


2064 


2896 


2113 


2931 


2065 


2263 


2114 


2932 


2066 


2264 


2115 


2933 


2067 


2236 


2116 


2934 



liv 



SECTIONS OF CODE OF 1882. 



Number of Section 
in Code of 1882. 



2117 

2118 

2119 

2120 

2121 

2122 

2123 

2124 

2125 

2126 

2127 

2128 

2129 

2130 

2131 

2132 

2133 

2135 

2136 

2137 

2138 

2139 

2140 

2141 

2142 

2143 

2144 

2145 

2146 

2147 

2148 

2149 

2150 

2151 

2152 

2153 

2154 

2155 

2156 

2157 

2158 

2159 

2160 

2161 

2162 

2163 

2164 

2165 

2166 

2167 

2168 

2169 

2170 



Number of Section 


Number of Section 


Number of Section 


in this Code. 


in Code of 1882. 


in this Code. 


2935 


2171 


2990 


2936 


2172 


2991 


2937 


2173 


2992 


2938 


2174 


2993 


2939 


2175 


2994 


2940 


2176 


2995 


2941 


2177 


2996 


2943 


2178 


2997 


2944 


2179 


2999 


2945 


2180 


3000 


2946 


2181 


3001 


2947 


2182 


3002 


2948 


2183 


3003 


2949 


2184 


3004 


2950 


2185 


3009 


2951 


2186 


3010 


2952 


2187 


3011 


2953 


2188 


3012 


2954 


2189 


3013 


755, 2955 


2190 


3014 


2956 


2191 


3018 


2957 


2192 


3019 


2958 


2193 


3020 


2959 


2194 


3021 


2960 


2195 


3022 


2961 


2196 


3023 


2962 


2197 


3024 


2963 


2198 


3025 


2964 


2199 


3026 


2965 


2200 


3027 


2&6 


2201 


3029 


2967 


2202 


2610, 3030 


2968 


2203 


3031 


2969 


2204 


3032 


2970 


2205 


3033 


2971 


2206 


3034 


2972 


2207 


3035 


2973 


2208 


3036 


2974 


2209 


3037 


2975 


2210 


3038 


2976 


2211 


3039 


2977 


2212 


3040 


2979 


2213 


3041 


2980 


2214 


3042 


2981 


2215 


3043 


2982 


2216 


3044 


2983 


2217 


3016 


2984 


2218 


3045 


2985 


2219 


3049 


2986 


2220 


3050 


2987 


2221 


3051 


2988 


2222 


3052 


2989 


2223 


3053 



SECTIONS OF CODE OF 1882, 



lv 



Number of Section 


Number of Section 


Number of Section 


Number of Section 




in Code of 1882. 


in this Code. 


in Code of 1882. | 


in this Code. 




2224 


3054 


i 
2277 


3113 




2225 


3055 


2278 


3114 




2226 


1456, 3056 


2279 


3115 




2227 


3057 


2280 


3117 




2228 


3058 


2281 


3119 




2229 


3059 


2282 


3121 




2230 


3060 


2283 


3122 




2231 


3061 


2284 


3123 




2232 


3062 


2285 


3124 




2233 


3063 


2286 


3125 




2234 


3064 


2287 


3126 




2235 


3065 


2288 


3128 




2236 


3067 


2289 


3131 




2237 


3070 


2290 


3132 




2238 


3071 


2291 


3133 




2239 


3072 


2292 


3134 




2240 


3073 


2293 


3135 




2241 


3074 


2294 


3136 




2242 


3075 


2295 


3137 




2243 


3076 


2296 


3138 




2244 


3077 


2297 


3139 




2245 


3080 


2298 


3140 




2246 


3081 


2299 


3141 




2247 


3082 


2300 


3142 




2248 


3083 


2301 


3143 




2249 


3084 


2302 


3144 




2250 


3085 


2303 


3145 




2251 


3086 


2304 


3146 




2252 


3087 


2305 


3148 




2253 


3088 


2306 


3149 




2254 


3089 


2307 


3150 




2255 


3090 


2308 


3151 




2256 


3091 


2309 


3152 




2257 


3092 


2310 


3153 




2258 


3093 


2311 


3154 




2259 


3094 


2312 


3155 




2260 


3095 


2313 


3156 




2261 


3096 


2314 


3157 




2262 


3097 


2315 


3158 




2263 


3098 


2316 


3159 




2264 


3099 


2317 


3161 




2265 


3100 


2318 


3162 




2266 


3101 


2319 


3163 




2267 


3102 


2320 


3164 




2268 


3103 


2321 


3165 




2269 


3104 


2322 


3166 




2270 


3105 


2323 


3167 




2271 


3106 


2324 


3168 




2272 


3108 


2325 


3169 




2273 


3109 


2326 


3170 




2274 


3110 


2327 


3172 




2275 


3111 


2328 


3173 




2276 


3112 


2329 


3179 





lvi 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2330 


3180 


2384 


3243 


2331 


3182 


2385 


3244 


2332 


3183 


2386 


3245 


2333 


3184 


2387 


3246 


2334 


3185 


2388 


3247 


2335 


3186 


2389 


3248 


2336 


3187 


2390 


3249 


2337 


3188 


2391 


3250 


2338 


3189 


2392 


3251 


2339 


3190 


2393 


3252 


2340 


3191 


2394 


3253 


2341 


3192 


2395 


3254 


2342 


3193 


2396 


3255 


2343 


2353 


2397 


3256 


2344 


2354 


2398 


3257 


2345 


2355, 3194 


2399 


3258 


2346 


2356 


2400 


3259 


2347 


2357 


2401 


3260 


2348 


3208 


2402 


3261 


2349 


3209 


2403 


3262 


2350 


3210 


2404 


3263 


2351 


3211 


2405 


3264 


2352 


3212 


2406 


3265 


2353 


3213 


2407 


3266 


2354 


3214 


2408 


3267 


2355 


3215 


2409 


3268 


2357 


3216 


2411 


3269 


2358 


3217 


2412 


3270 


2359 


3218 


2413 


3271 


2360 


3219 


2414 


3272 


2361 


3220 


2415 


3273 


2362 


3221 


2416 


3274 


2363 


3222 


2417 


3275 


2364 


3223 


2418 


3276 


2365 


3224 


2419 


3277 


2366 


3225 


2420 


3278 


2357 


3226 


2421 


3279 


2368 


3227 


2422 


3280 


2369 


3228 


2423 


3281 


2370 


3229 


2424 


.3282 


2371 


3230 


2425 


3283 


2372 


3231 


2426 


3284 


2373 


3232 


2427 


3285 


2374 


3233 


2428 


3286 


2375 


3234 


2429 


3287 


2376 


3235 


2430 


3288 


2377 


3236 


2431 


3289 


2378 


3237 


2432 


3290 


2379 


3238 ■ 


2433 


3291 


2380 


3239 


2434 


3292, 3293 


2381 


3240 


2435 


3294 


2382 


3241 


2435 (a) 


3297 


2383 


3242 


2436 


3295 



SECTIONS OP CODE OF 1882. 



lvii 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2437 


3296 


2491 


3364 


2438 


3307 


2492 


3365 


2439 


3308 


2493 


3366 


2440 


3309 


2494 


3367 


2441 


3310 


2495 


3390 


2442 


3311 


2496 


3391 


2444 


3312 


2497 


3392 


2445 


3313 


2498 


3372 


2446 


3314 


2499 


3370 


2447 


3315 


2500 


3371 


2448 


3316 


2502 


3393 


2449 


3317 


2503 


3394 


2450 


3318 


2504 


3395 


2451 


3319 


2505 


3396 


2452 • 


3320 


2506 


3397 


2453 


3321 


2507 


3398 


2454 


3322 


2508 


3399 


2455 


3323 


2509 


3400 


2456 


3324 


2510 


3401 


2457 


3325 


2511 


3402 


2458 


3326 


2512 


3403 


2459 


3327 


2513 


3404 


2460 


3328 


2514 


3405 


2461 


3329 


2515 


3406 


2462 


3330 


2516 


3407 


2463 


3332 


2517 


3408 


2464 


3333 


2518 


3409 


2465 


3334 


2519 


3410 


2466 


3335 


2520 


3411 


2467 


3336 


2521 


3412 


2468 


3338 


2522 


3413 


2469 


3339 


2523 


3414 


2470 


3340 


2524 


3415 


2471 


3341 


2525 


3416 


2472 


3342 


2526 


3417 


2473 


3343 


2527 


3418 


2474 


3344 


2528 


3419 


2475 


3345 


2529 


3420 


2476 


3346 


2530 


3421 


2477 


3347 


2531 


3422 


2478 


3348 


2532 


3423 


2479 


3349 


2533 


3424 


2480 


3350 


2534 


3425 


2481 


3351 


2535 


3426 


2482 


3352 


2536 


3427 


2483 


3353 


2537 


3428 


2484 (see 1762) 


3355 


2538 


3429 


2485 


3357 


2539 


3430 


2486 


3358 


2540 


3431 


2487 


3359 


2541 


3432 


2488 


3360 


2542 


3433 


2489 


3362 


2543 


3434 


2490 


3363 


2544 


3435 



lviii 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2545 


3436 


2597 


3492 


2546 


3437 


2598 


3493 


2547 


3438 


2599 


3494 


2548 


3439 


2600 


3495 


2549 


3440 


2601 


3496 


2550 


3441 


2602 


3497 


2551 


3442 


2603 


3498 


2552 


3443 


2604 


3499 


2553 


3444 


2605 


3500 


2554 


3445 


2606 


3509 


2555 


3446 


2607 


3510 


2556 


3447 


2608 


3511 


2557 


3448 


2609 


3512 


2558 


3449 


2610 


3515 


2559 


3450 


2611 


3516 


2559 (a) 


3451 


2612 


3519 


2560 


3452 


2613 


3520 


2561 


3454 


2614 


3521 


2562 


3455 


2615 


3522 


2563 


3456 


2616 


352? 


2564 


3457 


2617 


3524 


2565 


3458 


2618 


3525 


2566 


3459 


2619 


5446 


2567 


3460 


2620 


5447 


2568 


3461 


2621 


5448 


2569 


3462 


2622 


5449 


2570 


3464 


2623 


5450 


2571 


3465 


2624 


5451 


2572 


3466 


2625 


5452 


2573 


3467 


2626 


5430 


2574 


3468 


2627 


5453 


2575 


3469 


2628 


5454 


2576 


3470 


2628 (a) 


5458 


2577 


3471 


2628 (b) 


4216 


2578 


3473 


2629 


3526 


2579 


3474 


2630 


3527 


2580 


3475 


2631 


3529 


2581 


3476 


2632 


3530 


2582 


3477 


2633 


3532 


2583 


3478 


2634 


3533 


2584 


3479 


2635 


3534 


2585 


3480 


2636 


3535 


2586 


3481 


2637 


3536 


2587 


3482 


2638 


3537 


2588 


3483 


2639 


3538 


2589 


3484 


2640 


3540 


2590 


3485 


2641 


3541 


2591 


3486 


2642 


3542 


2592 


3487 


2643 


3544 


2593 


3488 


2644 


3545 


2594 


3489 


2645 


3547 


2595 


3490 


2646 


3548 


2596 


3491 


2647 


3549 



SECTIONS OF CODE OF 1882. 



lix 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2648 


3550 


2703 


3614 


2649 


3552 


2704 


3616 


2650 


3553 


2705 


3618 


2651 


3555 


2706 


3620 


2652 


3556 


2706 (a) 


3622 


2653 


3558 


2707 


3623 


2654 


3559 


2708 


3624 


2655 


3560 


2709 


3625 


2656 


3561 


2710 


3626 


2657 


3564 


2711 


3627 


2658 


3565 


2712 


3628 


2659 


3566 


2713 


3630 


2660 


3567 


2714 


3631 


2661 


3568 


2715 


3632 


2662 


3569 


2716 


3633 


2663 


3570 


2717 


3634 


2664 


3571 


2718 


3635 


2666 


3572 


2719 


3636 


2667 


3573 


2720 


3637 


2668 


3574 


2721 


3638 


2669 


3575 


2722 


3639 


2670 


3576 


2723 


3640 


2671 


3577 


2724 


3641 


2672 


3578 


2725 


3643 


2673 


3579 


2726 


3644 


2674 


3580 


2727 


3645 


2675 


3581 


2728 


3646 


2677 


3582 


2729 


3647 


2678 


3583 


2731 


3648 


2679 


3584 


2732 


3649 


2680 


3585 


2733 


3650 


2681 


3586 


2734 


3651 


2682 


3588 


2735 


3652 


2683 


3589 


2736 


3653 


2684 


3591 


2737 


3654 


2685 


3592 


2738 


3655 


2686 


3593 


2739 


3656 


2687 


3594 


2740 


3657 


2688 


3595 


2741 


3658 


2689 


3598 


2742 


3659 


2690 


3599 


2743 


3660 


2691 


3601 


2744 


3661 


2692 


3602 


2745 


3662 


2693 


3603 


2746 


3663 


2694 


3604 


2747 


3664 


2695 


3605 


2748 


3665 


2696 


3606 


2749 


3666 


2697 


3607 


2750 


3668 


2698 


3608 


2751 


3669, 4029 


2699 


3609 


2752 


3670 


2700 


3610 


2753 


3671 


2701 


3611 


2754 


3672 


2702 


3612 


2755 


3673 



lx 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2756 


3674 


2822 


2118 


2757 


3675 


2823 


2119 


2773 


3676 


2824 


2120 


2774 


3677 


2825 


2121 


2775 


3681 


2826 


2122 


2776 


3682 


2827 


2123 


2777 


3683 


2828 


2124 


2778 


3685 


2829 


2125 


2779 


3686 


2830 


2126 


2780 


3687 


2831 


2127 


2781 


3688 


2832 


2128 


2782 


3691 


2833 


2129 


2783 


3692 


2834 


2130 


2783 (a) 


3693 


2835 


2131 


2783 (b) 


3679 


2836 


2134 


2784 


3680 


2837 


2135 


2785 


3694 


2838 


2136 


2786 


3695 


2839 


2137 


2787 


3696 


2840 


2138 


2788 


3697 


2841 


2139 


2789 


3698 


2850 


2140 


2790 


3699 


2851 


3701 


2791 


3700 


2852 


3702 


2792 


3689 


2853 


3703 


2793 


3690 


2854 


3704 


2794 


2089 


2855 


3705 


2795 


2090 


2856 


3706 


2796 


2091 


2857 


3707 


2797 


2092 


2858 


3709 


2798 


2093 


2859 


3710 


2799 


2094 


2860 


3712 


2800 


2095 


2861 


3714 


2801 


2096 


2862 


3715 


2802 


2097 


2863 


3716 


2803 


2098 


2864 


3717 


2804 


2099 


2865 


3718 


2805 


2100 


2866 


3719 


2806 


2101 


2867 


3720 


2807 


2102 


2868 


3721 


2808 


2103 


2869 


3722 


2809 


2104 


2870 


3724 


2810 


2105 


2871 


3725 


2811 


2106 


2872 


3726 


2812 


2107 


2873 


3727 


2813 


2108 


2874 


3728 


2814 


2109 


2875 


3729 


2815 


2111 


2876 


3730 


2816 


2112 


2877 


3731 


2817 


2113 


2878 


3732 


2818 


2114 


2879 


3733 


2819 


2115 


2880 


3734 


2820 


2116 


2881 


3735 


2821 


2117 


2882 


3736 



SECTIONS OF CODE OF 1882. 



lxi 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


2883 


4474 


2934 


3788 


2884 


4475 


2935 


3789 


2885 


4476 


2936 


3790 


2886 


4477 


2937 


3791 


2887 


4478 


2938 


3792 


2888 


4479 


2939 


3793 


2889 


4480 


2940 


3794 


2890 


4481 


2941 


3795 


2891 


4482 


2942 


3796 


2892 


4483 


2943 


3797 


2893 


4484 


2944 


3798 


2894 


3737 


2945 


3800 


2895 


3739 


2946 


3801 


2896 


3740 


2947 


3803 


2897 


3741 


2948 


3804 


2898 


3743 


2949 


3805 


2899 


3745 


2950 


3806 


2900 


3746 


2951 


3807 


2901 


3747 


2952 


3808 


2902 


3748 


2953 


3809 


2903 


3749 


2954 


3810 


2904 


3750 


2955 


3811 


2905 


3751 


2956 


3812 


2906 


3753 


2957 


3813 


2907 


3754 


2958 


3814 


2908 


3755 


2959 


3815 


2909 


3756 


2960 


3816 


2910 


3757 


2961 


3817 


2911 


3758 


2962 


3818 


2912 


3759 


2963 


3820 


2913 


3760 


2964 


3821 


2914 


3761 


2965 


3822 


2914 (a) 


3764 


2966 


3823 


2915 


3765 


2967 


3825 


2916 


3766 


2968 


3826 


2917 


3767 


2969 


3827 


2918 


3768 


2971 


3828 


2919 


3770 


2972 


3830 


2920 


3771 


2973 


3831 


2922 


3772 


2974 


3832 


2923 


3774 


2975 


3833 


2924 


3775 


2976 


3834 


2925 


3776 


2977 


3837 


2925 (a) 


3777 


2978 


3838 


2925 (b) 


3778 


2979 


3839 


2926 


3779 


2980 


3840 


2927 


3780 


2981 


3841 


2928 


3781 


2982 


3843 


2929 


3783 


2983 


3844 


2930 


3784 


2984 


3845 


2931 


3785 


2985 


3846 


2932 


3786 


2986 


3847 


2933 


3787 


2987 


3848 



lxii 



SECTIONS OF CODE OF 1882. 



Number of Section 
in Code of 1882. 



2988 

2989 

2990 

2991 

2992 

2993 

2994 

2995 

2996 

2997 

2998 

2999 

3000 

3001 

3002 

3003 

3004 

3005 

3006 

3007 

3008 

3009 

3010 

3011 

3012 

3013 

3014 

3015 

3016 

3017 

3018 

3019 

3020 

3021 

3022 

3023 

3025 

3026 

3027 

3028 

3029 

3030 

3031 

3033 

3034 

3035 

3036 

3037 

3038 

3039 

3040 

3041 

3042 



Number of Section 
in this Code. 



3849 

3850 

3851 

3852 

3853 

3854 

3855 

3856 

3857 

3858 

3859 

3860 

3861 

3862 

3863 

3864 

3865 

3866 

3867 

3868 

3869 

3870 

3871 

3872 

3873 

3874 

3875 

3876 

3877 

3878 

3879 

3880 

3881 

3882 

2345 

2346 

3883 

3885 

3886 

3887 

3888 

3889 

3890 

2321 

2322 

2268 

2323 

2247 

2248 

2249 

2250 

2251 

2252 



Number of Section 
in Code of 1882. 



3043 

3044 

3045 

3046 

3047 

3048 

3049 

3050 

3051 

3052 

3053 

3054 

3055 

3056 

3057 

3058 

3059 

3060 

3061 

3062 

3063 

3064 

3065 

3066 

3067 

3068 

3069 

3070 

3071 

3072 

3073 

3074 

3075 

3076 

3077 

3078 

3079 

3080 

3081 

3083 

3084 

3085 

3086 

3087 

3088 

3089 

3090 

3091 

3092 

3093 

3094 

3095 

3096 



Number of Section 
in this Code. 



2253 

2254 

2255 

2256 

2257 

2258 

2259 

2260 

3891 

3892 

3893 

3894 

3895 

3896 

3897 

3898 

3899 

3900 

3901 

3902 

3903 

3904 

3905 

3906 

3907 

3908 

3909 

3910 

3911 

3912 

3913 

3914 

3915 

3916 

3917 

3919 

3920 

3921 

3922 

3923 

3924 

3925 

3926 

3927 

3928 

3929 

3930 

3932 

3934 

3937 

3939 

3941 

3943 



SECTIONS OF CODE OF 1882. 



lxiii 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3098 


4901 


3149 (f) 


2721 


3099 


3944 


3149 (g) 


2722 


3100 


3945 


3150 


4908 


3101 


3946 


3151 


3200 


3102 


3947 


3152 


3201 


3103 


3948 


3153 


4004 


3104 


3949 


3154 


4005 


3105 


3950 


3155 


4006 


3106 


3951 


3156 


4007 


3107 


3952 


3157 


4008 


3108 


3958 


3158 


4009 


3109 


3960 


3159 


4010 


3110 


3961 


3160 


4011 


3111 


3962 


3161 


4012 


3112 


3968 


3162 


4013 


3113 


3969 


3163 


4014 


3114 


3970 


3164 


4015 


3115 


3971 


3165 


4016 


3116 


3972 


3166 


4017 


3117 


3973 


3167 


4018 


3118 


3975 


3168 


4019 


3119 


3976 


3169 


4020 


3120 


3977 


3170 


4021 


3121 


3978 


3171 


4022 


3122 


3979 


3172 


4024 


3123 


3980 


3173 


4025 


3124 


3981 


3174 


4026 


3125 


3983 


3175 


4027 


3126 


3984 


3176 


4028 


3127 


3985 


3177 


4030 


3128 


3986 


3178 


4032 


3129 


3988 


3179 


4033 


3130 


3989 


3180 


4034 


3131 


3990 


3181 


4035 


3132 


3991 


3182 


2415 


3133 


3992 


3183 


4783 


3134 


3993 


3184 


4784 


3135 


3994 


3185 


4785 


3136 


3995 


3186 


4036 


3141 


3996 


3187 


4037 


3142 


3997 


3188 


4038 


3143 


3998 


3189 


4039 


3144 


3999 


3190 


4040 


3145 


4000 


3191 


4041 


3146 


4001 


3192 


4042 


3147 


4002 


3193 


3195 


3148 


4003 


3194 


3196 


3149 


4904 


3195 


3197 


3149 (a) 


2716 


3196 


3198 


3149 (b) 


2717 


3197 


3199 


3149 (c) 


2718 


3198 


4867 


3149 (d) 


2719 


3199 


4868 


3149 (e) 


2720 


3200 


4870 



lxiv 



SECTIONS OF CODE OF 1882. 



Number of Section 
in Code of 1882. 



3201 


4876 


3202 


4877 


3203 


4878 


3204 


4879 


3205 


4880 


3206 


4881 


3208 


4882 


3208 (a) 


4883 


3209 


4884 


3209(a) 


4885 


3210 


4913 


3211 


4924 


3212 


4925 


3213 


5540 


3213 (a) 


5543 


3214 


5558 


3215 


5599 


3217 


4926 


3218 


4915 


3219 


4916 


3220 


4920 


3223 


4921 


3224 


4922 


3225 


4923 


3226 


4886 


3227 


4887 


3228 


4888 


3229 


4889 


3230 


4890 


3231 


4891 


3232 


4892 


3233 


4894 


3234 


4895 


3235 


4896 


3236 


4898 


3237 


4899 


3238 


5494 


3239 


5495 


3240 


5496 


3241 


4340 


3242 


4342 


3243 


4343 


3244 


4344 


3245 


4345 


3246 


4332 


3247 


4333 


3248 


4334 


3250 


4929 


3251 


4930 


3252 


4931 


3253 


4932 


3254 


4933 


3255 


4935 



Number of Section 
in this Code. 



Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


3256 


4938 


3257 


4939 


3258 


4940 


3259 


4941 


3260 


4942 


3261 


4944 


3262 


4946 


3263 


4947 


3263 (a) 


4987 


3264 


4510 


3265 


4511 


3266 


4512 


3267 


4513 


3268 


4514 


3269 


4515 


3270 


4516 


3271 


4517 


3272 


4518 


3273 


4519 


3274 


4520 


3275 


4521 


3276 


4522 


3277 


4523 


3278 


4524 


3279 


4525 


3280 


4526 


3281 


4527 


3282 


4528 


3283 


4529 


3284 


4530 


3285 


4531 


3286 


4532 


3287 


4533 


3288 


4534 


3289 


4535 


3290 


4536 


3291 


4537 


3292 


4538 


3293 


4539 


3294 


4540 


3295 


4541 


3296 


4542 


3297 


4543 


3297 (a) 


4544 


3298 


4545 


3299 


4546 


3300 


4547 


3301 


4548 


3302 


4549 


3303 


4550 


3304 


4551 


3305 


4552 


3306 


4553 



SECTIONS OF CODE OF 1882. 



lxv 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3307 


4555 


3362 


5005 


3308 


4556 


3364 


5006 


3309 


4557 


3365 


5007 


3310 


4558 


3366 


5008 


3311 


4559 


3367 


1892 


3312 


4560 


3368 


2320 


3313 


4561 


3369 


1899 


3314 


4562 


3370 


1902 


3315 


4563 


3371 


1893 


3316 


4564 


3372 


1894 


3317 


4565 


3373 


1895 


3318 


4566 


3374 


1896 


3319 


4567 


3375 


1897 


3320 


4568 


3376 


1898 


3322 


4569 


3377 


3202 


3323 


4570 


3378 


3203 


3324 


4571 


3379 


3204 


3325 


4572 


3380 


3205 


3326 


4573 


3381 


3206 


3327 


4574 


3382 


3207 


3328 


4575 


3383 


3501 


3329 


4576 


3384 


3502 


3330 


4577 


3385 


2536 


3331 


4578 


3386 


3503 


3332 


4960 


3387 


3504 


3333 


4973 


3388 


3505 


3334 


4974 


3400 


4934 


3335 


4981 


3401 


5002 


3336 


4982 


3402 


4949 


3337 


4983 


3403 


4951 


3338 


4984 


3404 


4952 


3339 


4985 


3405 


4953 


3340 


4988 


3406 


2334 


3341 


4989 


3407 


2335 


3342 


4990 


3408 


2145 


3343 


4991 


3409 


2146 


3344 


4993 


3410 


2004 


3345 


4994 


3411 


2005 


3346 


4995 


3412 


2006 


3348 


5014 


3412 (a) 


2348 


3349 


5015 


3413 


1983 


3350 


5009 


3414 


1984 


3351 


5010 


3415 


1985 


3352 


5011 


3416 


4954 


3353 


5012 


3418 


4604 


3354 


5013 


3419 


4605 


3355 


4996 


3420 


4606 


3356 


4997 


3420 (a) 


4608 


3357 


4998 


3421 


5016 


3358 


4999 


3422 


5017 


3359 


5000 


3423 


5018 


3360 


5001 


3424 


5021 


3361 


5003 


3424 (a) 


5022 



(5) 



lxvi 



SECTIONS OF CODE OF 1882. 



Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


3425 


5023 


3480 


5099 


3426 
3427 


5024 

5025 


3481 
3482 


5100 
5101 


3428 
3429 


5026 
5027 


3483 
3484 


5102 
5103 


3430 


5028 


3485 


5104 


3431 
3432 
3434 


5029 
5030 
5031 


3486 
3487 
3488 


5105 
5106 
5107 


3435 


5032 


3489 


5108 


3436 
3437 
3438 


5033 
5034 
5035 


3490 
3491 
3492 


5109 
5110 
5111 


3439 
3440 


5036 
5037 


3493 
3494 


5112 
5113 


3441 
3442 
3443 


5038 
5039 
5040 


3495 
3496 
3497 


5114 
5115 
5116 


3444 


5041 


3498 


5117 


3445 


5042 


3499 


5118 


3446 


5043 


3500 


5119 


3447 


5044 


3501 


5120 


3448 
3449 


5076 
5059 


3503 
3504 


5121 
5122 


3450 


5060 


3505 


5123 


3452 


5052 


3506 


5124 


3453 


5065 


3507 


5125 


3454 


5066 


3508 


5248 


3455 


5067 


3509 


5249 


3456 
3457 


5058 
5077, 5078 


3510 
3511 


5250 
5251 


3458 


5053 


3512 


5252 


3459 


5046 


3513 


5253 


3460 


5079 


3514 


5255 


3461 


5080 


3515 


5256 


3462 
3463 


5081 

5082 


3516 
3517 


5257 

5258 


3464 


5083 


3518 


5259 


3465 


5084 


3519 


5126 


3466 


5085 


3520 


5127 


3467 
3468 


5086 
5087 


3521 
3522 


5128 
5129 


3469 
3470 
3470 (a) 
3471 
3472 


5088 
5089 
5090 
5091 
5092 


3523 
3524 
3525 
3526 
3527 


5130 
5131 
5132 
5133 
5134 


3473 


3506 


3528 


5135 


3474 
3475 


3507 
5093 


3529 
3530 


5136 
5137 


3476 
3478 
3479 


5094 
5096 
5097 


3531 
3532 
3533 


5138 
4705 

4708 



SECTIONS OF CODE OF 1882. 



lxvii 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3534 


4706 


3582 (a) 


5354 


3535 


4707 


3583 


5355, 5356 


3536 


4709 


3584 


5357 


3536 (a) 


4711 


3585 


5358 


3536 (b) 


4712 


3586 


5432 


3536 (c) 


4713 


3586 (a) 


2446 


3536 (d) 


4714 


3587 


5362 


3537 


4715 


3588 


5363 


3538 


4716 


3589 


5364 


3539 


4717 


3590 


5365 


3540 


4718 


3591 


5366 


3541 


4720 


3592 


5367 


3542 


4721 


3593 


5368 


3543 


4722 


3594 


5369 


3544 


4723 


3595 


3987, 5370 


3545 


4724 


3596 


5371 


3546 


4725 


3597 


5374 


3547 


4726 


3598 


5375 


3548 


4727 


3599 


5376 


3549 


4728 


3600 


5359 


3550 


4729 


3601 


5360 


3551 


4730 


3602 


5361 


3552 


4731 


3603 


5377 


3553 


4910 


3604 


5378 


3554 


4732 


3605 


5379 


3555 


4734 


3606 


5380 


3556 


4735 


3607 


5381 


3557 


895 


3608 


5382 


3558 


896 


3609 


5383 


3559 


5329 


3610 


5384 


3560 


5330 


3610 (a; 


4453 


3561 


5332 


3611 


4454 


3562 


5333 


3612 


4948 


3563 


5334 


3613 


4455 


3564 


5335 


3614 


4456 


3565 


2438 


3615 


4457 


3566 


2439 


3616 


4458 


3567 


5336 


3617 


4459 


3568 


5339 


3618 


4460 


3569 


5340 


3619 


4461 


3570 


5341 


3620 


4462 


3571 


5342 


3621 


4463 


3572 


5343 


3622 


4464 


3573 


3508 


3623 


4465 


3574 


5344 


3624 


4466 


3575 


5345 


3625 


4467 


3576 


5346 


3626 


4468 


3577 


5348 


3627 


4469 


3578 


5349 


3628 


4470 


3579 


5350 


3629 


4471 


3580 


5351 


3630 


4472 


3581 


5352 


3631 


4473 


3582 


5353 


3632 


5413 



lxviii 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3633 


5414 


3677 


5387 


3634 


5415 


3678 


5388 


3635 


5416 


3679 


5389 


3636 


5417 


3680 


5390 


3637 


5418 


3681 


5391 


3638 


5419 


3682 


5392 


3639 


5420 


3684 


5393 


3640 


5421 


3685 


5394 


3641 


5423 


3686 


5395 


3642 


5425 


3687 


5396 


3643 


5426 


3691 


5497 


3644 


5428 


3692 


4341 


3645 


5429 


3694 


4269 


3646 


5455 


3695 


5397 


3646 (a) 


5456 


3696 


5401 


3647 


5457 


3697 


5402 


3648 (a) 


5463 


3699 


5403 


3648 (b) 


5464 


3700 


5404 


3648 (c) 


5465 


3702 


490 


3649 


5459 


3703 


472 


3650 


5460 


3704 


506 


3651 


5468 


3704 (a) 


5461 


3652 


5469 


3704 (c) 


5462 


3653 


5470 


3705 


5408 


3654 


2788, 5433 


3706 


5409 


3655 


5466 


3707 


5410 


3656 


5467 


3708 


5411 


3656 (a) 


732 


3709 


5412 


3656 (b) 


733 


3711 


5473 . 


3656 (c) 


734 


3712 


5474 


3656 (d) 


735 


3713 


5477 


3656 (e) 


736 


3714 


5478 


3656 (f) 


737 


3715 


5479 


3657 


5442 


3716 


5480 


3658 


5443 


3717 


5482 


3659 


5444 


3718 


5483 


3660 


5445 


3719 


5484 


3661 


5439 


3720 


5486 


3662 


5440 


3721 


5487 


3663 


5441 


3722 


5489 


3664 


4736 


3723 


5475 


3665 


4737 


3724 


5476 


3666 


4738 


3725 


4611 


3667 


4739 


3726 


4612 


3668 


903 


3727 


4613 


3669 


4740 


3728 


4614 


3679 


4741 


3729 


4615 


3671 


4742 


3730 


4616 


3672 


5435 


3731 


4617 


3673 


5436 


3732 


900 


3674 


5437 


3733 


4618 


3675 


5385 


3734 


4619 


3676 


i 5386 


3735 


4620 



SECTIONS OF CODE OF 1882. 



lxix 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3736 


4621 


3790 


5195 


3737 


4622 


3791 


5196 


3738 


4623 


3792 


5197 


3739 


4624 


3797 


5198 


3740 


4625 


3798 


5199 


3741 


4626 


3799 


5200 


3742 


4627 


3800 


5201 


3742 (a) 


4628 


3801 


5202 


3743 


4630 


3802 


5203 


3744 


4631 


3803 


5204 


3745 


4632 


3804 


5205 


3746 


4633 


3805 


5206 


3747 


5142 


3806 


5207 


3748 


5143 


3807 


5208 


3749 


5144 


3808 


5209 


3750 


5147 


3809 


2725 


3751 


5148 


3810 


3953 


3752 


5149 


3811 


3954 


3753 


5150 


3812 


3955 


3754 


5154 


3813 


3956 


3755 


5156 


3814 


3957 


3756 


5158 


3815 


5210 


3757 


5159 


3816 


5211 


3758 


5160 


3817 


5212 


3759 


5161 


3817 (a) 


5213 


3760 


5162 


3818 


5217 


3761 


5164 


3819 


5218 


3762 


5166 


3820 


5219 


3763 


5167 


3821 


5220 


3764 


5168 


3822 


5221 


3765 


5170 


3823 


5222 


3766 


5171 


3824 


5231 


3767 


5172 


3825 


5232 


3768 


5173 


3826 


5233 


3769 


5174 


3827 


5372 


3770 


5175 


3828 


5373 


3771 


5176 


3829 


5235 


3772 


5177 


3830 


5236 


3773 


5179 


3831 


5239 


3774 


5180 


3832 


5240 


3776 


5181 


3834 


5254 


3777 


5182 


3835 


5242 


3778 


5183 


3836 


5243 


3779 


5184 


3837 


5244 


3780 


5185 


3838 


5245 


3782 


5186 


3839 


5246 


3783 


5187 


3840 


5247 


3784 


5189 


3841 


5260 


3785 


5190 


3842 


5261 


3786 


5191 


3843 


5262 


3787 


5192 


3844 


5263 


3788 


5193 


3849 


5264 


3789 


5194 


3850 


5265 



lxx 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3851 


5266 


3903 


3965 


3852 


5267 


3904 


3966 


3853 


5268 


3905 


3967 


3854 


5269 


3929 


4449 


3854 (5) 


5271 


3948 


4769 


3855 


5272 


3949 


4770 


3856 


5273 


3950 


4771 


3857 


5274 


3951 


4772 


3858 


5275 


3952 


4773 


3859 


5276 


3953 


4774 


3860 


5277 


3954 


4775 


3861 


5278 


3955 


4777 


3862 


5279 


3956 


4778 


3863 


5280 


3957 


4779 


3864 


5282 


3958 


4428 


3865 


5283 


3959 


4780 


3866 


5284 


3960 


4781 


3867 


5285 


3961 


4060, 4782 


3868 


5287 


3962 


2743 


3869 


5290 


3963 


2744 


3870 


5288 


3964 


2746 


3871 


5291-5293 


3965 


2747 


3872 


5292 


3966 


2748 


3873 


5293 


3967 


2749 


3874 


5293 


3968 


2750 


3875 


5292 


3968(a) 


2392 


3876 


5289 


3969 


2751 


3877 


5297 


3970 


2752 


3878 


5298 


3971 


2753 


3879 


5299 


3972 


2757 


3880 


5300 


3973 


2758 


3881 


5301 


3974 


2759 


3882 


5302 


3974 (a) 


2760 


3883 


5303 


3974 (b) 


2761 


3884 


5304 


3974 (c) 


2762 


3885 


5305 


3974 (d) 


2763 


3886 


5306 


3974 (e) 


2764 


3887 


5307 


3975 


2765 


3888 


5308 


3976 


2766 


3889 


5309, 5311 


3977 


2767 


3890 


5312 


3978 


2768 


3891 


5313 


3979 


2769 


3892 


5314 


3979 (a) 


2770 


3893 


5315 


3980 


4743 


3894 


5316 


3981 


4744 


3895 


5317 


3982 


4745 


3896 


5318 


3983 


4746 


3897 


5319 


3984 


4747 


3898 


5320 


3985 


4748 


3899 


5321 


3986 


4750 


3900 


5322 


3987 


4751 


3901 


3963 


3988 


4752 


3902 


3964 


3989 


4753 



SECTIONS OF CODE OF 1882. 



lxxi 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


3990 


4754 


4064 


4649 


3991 


4755 


4065 


4650 


3992 


4756 


4066 


4651 


3995 (a) 


4757 


4067 


4652 


3995 (b) 


4758 


4068 


4653 


3995 (c) 


4759 


4069 


4654 


3996 


4786 


4070 


4655 


3997 


4787 


4071 


4656 


3998 


4788 


4072 


4808 


3999 


4789 


4973 


4809 


4000 


4790 


4074 


4810 


4001 


4791 


4075 


4811 


4002 


4792 


4076 


4812 


4003 


4793 


4077 


4813 


4004 


4794 


4078 


4814 


4005 


4795 


4979 


4815 


4006 


4796 


4080 


4816 


4007 


4797 


4081 


4817 


4008 


4798 


4082 


4818 


4024 


2453 


4083 


4819 


4031 


4331 


4084 


4820 


4032 


4799 


4084 (a) 


4821 


4033 


4800 


4084 (b) 


4822 


4034 


4801 


4085 


4823 


4035 


4802 


4085 (a) 


4824 


4036 


4803 


4086 


4825 


4037 


4804 


4087 


4826 


4038 


4805 


4088 


4827 


4039 


4806 


4089 


4828 


4040 


4807 


4090 


4829 


4041 


4697 


4091 


4830 


4042 


4698 


4092 


4831 


4043 


4699 


4093 


4832 


4044 


4700 


4094 


4760 


4045 


4701 


4095 


4762 


4046 


4702 


4096 


4763 


4047 


4703 


4097 


4764 


4048 


4704 


4097 (a) 


4765 


4049 


4634 


4098 


4766 


4050 


4635 


4099 


4767 


4051 


4636 


4100 


4768 


4052 


4637 


4111 


4251 


4053 


4638 


4112 


4252 


4054 


4639 


4113 


4253 


4055 


4640 


4114 


4254 


4056 


4641 


4115 


4255 


4057 


4642 


! 4116 


4256 


4058 


4643 


1 4117 


4257 


4059 


4644 


4118 


4258 


4060 


4645 


4119 


4259 


4061 


4646 


4120 


4260 


4062 


4647 


4121 


4261 


4063 


4648 


4122 


4262 



lxxii 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


4123 


4263 


4166 


4159 


4124 


4264 


4167 


4160 


4125 


4265 


4168 


4161 


4126 


4266 


4169 


4162 


4128 


4267 


4170 


4163 


4129 


4268 


4171 


4164 


4130 


4101 


4172 


4165 


4131 


4103 


4172 (a) 


4166 


4133 


4110 


4172 (b) 


4167 


4134 


4111 


4173 


4168 


4135 


4112 


4174 


4169 


4136 


4113 


4175 


4960 


4137 


4114 


4176 


4962 


4138 


4115 


4177 


4971 


4139 


4116 


4178 


4841 


4140 


4117 


4179 


4843 


4141 


4118 


4180 


4844 


4142 


4119 


4181 


4969 


4142 (a) 


4120 


4182 


3959 


4142 (b) 


4121 


4183 


4950 


4143 


4122 


4184 


4973 


4144 


4123 


4185 


4975 


4145 


4124 


4186 


4967 


4146 


4125 


4187 


4968 


4147 


4126 


4190 


4970 


4148 


4127 


4191 


5047 


4149 


4128 


4192 


5048 


4150 


4129 


4195 


5056 


4151 


4130 


4196 


5068 


4152 


4131 


4197 


5061 


4153 


4132 


4198 


5062 


4154 


4133 


4199 


5063 


4155 


4136 


4200 


5064 


4156 


4137 


4201 


4847 


4157 


4138 


4205 


4848 


4157 (a) 


4140 


4206 


4849 


4157 (b) 


4142 


4209 


4852 


4157 (c) 


4143 


4210 


4850 


4157 (d) 


4144 


4212 


4851 


4157 (e) 


4145 


4213 


4853 


4157 (f) 


4146 


4214 


4855 


4157 (g) 


4148 


4215 


4857 


4157 (i) 


4147 


4216 


4858 


4157 (j) 


4149 


4217 


4859 


4158 


4150 


4218 


4860 


4159 


4151 


4219 


4861 


4160 


4152 


4220 


4862 


4161 


4153 


4221 


4863 


4161 (a) 


4154 


4222 


4864 


4162 


4155 


4223 


4865 


4163 


4156 


4224 


4866 


4164 


4157 


4226 


4486 


4165 


4158 


4227 


4487 



SECTIONS OF CODE OF 1882. 



lxxiii 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


4228 


4488 


4275 


5581 


4229 


4489 


4276 


5576 


4230 


4490 


4277 


5577 


4231 


4491 


4278 


5578 


4232 


4492 


4279 


5579 


4233 


4493 


4280 


5580 


4234 


4494 


4281 


5561 


4235 


4495 


4282 


5538 


4236 


4496 


4283 


5589 


4237 


4497 


4284 


5586 


4238 


4498 


4285 


5597 


4239 


4499 


4286 


5594 


4240 


4500 


4287 


5598 


4241 


4501 


4288 


5573 


4242 


4502 


4289 


5590 


4242 (a) 


4503 


4290 


5591 


4243 


4504 


4291 


5592 


4244 


4505 


4428 (a) 


1982 


4245 


4506 


4429 


1979 


4246 


4507 


4431 


1968 


4247 


4508 


4486 


5422 


4248 


4485 


4612 (b) 


1755 


4249 


4509 


4612 (g) 


2505 


4250 


5526 


4696 (a) 


4446 


4251 


5527 


4696 (c) 


4447 


4252 


5533, 5539 


4696 (d) 


4448 


4253 


5537 


4711 


4046 


4254 


5541 


4993 


5698 


4255 


5542 


4994 


5699 


4256 


5544 


4995 


5700 


4257 


5545 


4996 


5701 


4258 


5546 


4997 


5702 


4259 


5547 


4998 


5703 


4260 


5550 


4999 


5704 


4261 


5551 


5000 


5705 


4262 


5554 


5001 


5706 


4263 


5552, 5553 


5002 


5707 


4264 


5555 


5003 


5708 


4265 


5556 


5004 


5709 


4268 


5559 


5005 


5710 


4269 


5560 


5006 


5711 


4270 


5583 


5007 


5712 


4271 


5582 


5008 


5713 


4272 


5563 


5009 


5714 


4272 (a) 


5566 


5010 


5715 


4272 (b) 


5570 


5011 


5716 


4272 (c) 


5567 


5012 


5717 


4272 (d) 


5571 


5013 


5718 


4272(e) 


5572 


5014 


5719 


4272 (f) 


5574 


5015 


5720 


4272 (g) 


5575 


5016 


5721 


4273 


5557 


5017 


5722 


4274 


5568 


5018 


5723 



lxxiv 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


5019 


5724 


5073 


5777 


5020 


5725 


5075 


5778 


5021 


5726 


5076 


5779 


5022 


5727 


5077 


5780 


5023 


5728 


5078 


5781 


5024 


5729 


5079 


5782 


5025 


5730 


5080 


5783 


5026 


5731 


5081 


5784 


5027 


5732 


5082 


5785 


5028 


5733 


5083 


5786 


5029 


5734 


5084 


5787 


5030 


5735 


5085 


5788 


5031 


5736 


5086 


5789 


5032 


5737 


5087 


5790 


5033 


5738 


5088 


5791 


5034 


5739 


5089 


5792 


5035 


5740 


5090 


5793 


5036 


5741 


5091 


5794 


5037 


5742 


5092 


5795 


5038 


5743 


5093 


5796 


5039 


5744 


5094 


5797 


5040 


5745 


5095 


5798 


5041 


5746 


5096 


5799 


5042 


5747 


5097 


5800 


5043 


5748 


5098 


5801 


5044 


5749 


5099 


5802 


5045 


5750 


5100 


5803 


5046 


5751 


5101 


5804 


5047 


5752 


5102 


5805 


5048 


5753 


5103 


5806 


5050 


5754 


5104 


5807 


5051 


5755 


5105 


5808 


5052 


5756 


5106 


5809 


5053 


5757 


5107 


5810 


5054 


5758 


5108 


5811 


5055 


5759 


5109 


5812 


5056 


5760 


5110 


5813 


5057 


5761 


5111 


5814 


5058 


5762 


5112 


5815 


5059 


5763 


5113 


5816 


5060 


5764 


5114 


5817 


5061 


5765 


5115 


5818 


5062 


5766 


5116 


5819 


,5063 


5767 


5117 


5820 


5064 


5768 


5118 


5821 


5065 


5769 


5119 


5822 


5066 


5770 


5120 


5823 


5067 


5771 


5121 


5824 


5068 


5772 


5122 


5825 


5069 


5773 


5123 


5826 


5070 


5774 


5124 


5827 


5071 


5775 


5125 


5828 


5072 


5776 


5126 


5829 



SECTIONS OF CODE OF 1882, 



lxxv 



Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


5127 
5128 


5830 
5831 


5180 
5181 


5882 
5883 


5129 


5832 


5182 


5884 


5130 


5833 


5183 


5885 


5131 
5132 
5133 
5134 


5834 
5835 
5836 
5837 


5184 

5185 
5186 
5187 


5886 
5887 
5888 
5889 


5135 


5838 


5188 


5890 


5136 


5839 


5189 


5891 


5137 


5840 


5190 


5892 


5138 


5841 


5191 


5893 


5139 


5842 


5192 


5894 


5140 


5843 


5193 


5895 


5141 


5844 


5194 


5896 


5142 


5845 


5195 


5897 


5143 
5144 


5846 

5847 


5196 
5197 


5898 
5899 


5145 


5848 


5198 


5900 


5146 


5849 


5199 


5901 


5147 


5850 


5200 


5902 


5148 


5851 


5201 


5903 


5149 


5852 


5202 


5904 


5150 


5853 


5203 


5905 


5151 


5854 


5204 


5906 


5152 


5855 


5205 


5907 


5153 
5154 


5856 

5857 


5206 
5207 


5908 
5909 


5155 


5858 


5208 


5910 


5156 


5859 


5209 


5911 


5157 


5860 


5210 


5912 


5158 


5860 


5211 


5913 


5159 


5861 


5212 


5914 


5160 


5862 


5213 


5915 


5161 


5863 


5214 


5916 


5162 


5864 


5215 


5917 


5163 


5865 


5216 


5918 


5164 


5866 


5217 


5919 


5165 


5867 


5218 


5920 


5166 


5868 


5219 


5921 


5167 


5869 


5220 


5922 


5168 


5870 


5221 


5923 


5169 


5871 


5222 


5924 


5170 
5171 

5172 


5872 
5873 
5874 


5223 
5224 
5225 


5925 
5926 
5927 


5173 


5875 


5226 


5928 


5174 


5876 


5227 


5929 


5175 


5877 


5228 


5930 


5176 
5177 


5878 
5879 


5229 
5230 


5931 
5932 


5178 


5880 


5231 


5933 


5179 


5881 


5232 


5934 



lxxvi 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section 


Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


in Code of 1882. 


in this Code. 


5233 


5935 


5281 


5989 


5234 


5936 


5282 


5990 


5235 


5937 


5283 


5991 


5236 


5938 


5284 


5992 


5237 


5939 


5285 


5993 


5238 


5940 


5286 


5994 


5239 


5941 


5287 


5995 


5240 


5942 


5288 


5996 


5241 


5943 


5289 


5997 


5242 


5950 


5290 


5998 


5243 


5951 


5291 


5999 


5244 


5952 


5292 


6000 


5245 


5953 


5293 


6001 


5246 


5954 


5294 


6002 


5247 


5955 


5295 


6003 


5248 


5956 


5296 


6004 


5249 


5957 


5297 


6005 


5250 


5958 


5298 


6006 


5251 


5959 


5299 


6007 


5252 


5960 


5300 


6008 


5253 


5961 


5301 


6009 


5254 


5962 


5302 


6010 


5255 


5963 


5303 


6011 


5256 


5964 


5304 


6012 


5257 


5965 


5305 


6013 


5258 


5966 


5306 


6014 


5259 


5967 


5307 


6015 


5260 


5968 


5308 


6016 


5261 


5969 


5309 


6017 


5262 


5970 


5310 


6018 


5263 


5971 


5311 


6019 


5264 


5972 


5312 


6020 


5265 


5973 


5313 


6021 


5266 


5974 


5314 


6022 


5267 


5975 


5315 


6023 


5268 


5976 


5316 


6024 


5269 


5977 


5317 


6025 


5270 


5978 


5318 


6026 


5271 


5979 


5319 


6027 


5272 


5980 


5320 


6028 


5273 


5981 


5321 


6029 


5274 


5982 


5322 


6030 


5275 


5983 


5323 


6031 


6276 


5984 


5324 


6032 


5277 


5985 


5325 


6033 


5278 


5986 


5326 


6034 


5279 


5987 


5327 


6035 


5280 


5988 


5328 


6036 



REVISED CODE OF GEORGIA. 



PRELIMINARY PROVISIONS. 

§1. (1.) Laws of force in this State. The laws of general operation A ctn84, 
in this State are— SgV 5982 ' 

1. As the supreme law: The Constitution of the United States, 
the laws of the United States in pursuance thereof, and all treaties 
made under the authority of the United States. 

Authority of 4ecisions of Supreme Court of United States on constitutional 
questions, paramount: 11 Ga. 500; 14/438; 37/135. Treaties with Creek In- 
dians, binding as law: 3 Ga. 179. 

United States Supreme Court decisions, construing act of Congress, binding 
on Supreme Court of Georgia: 67 Ga. 706, 707. So also as to questions pecul- 
iarly within jurisdiction of United States Supreme Court : 75 Ga. 322. 

2. As next in authority thereto: The Constitution of this State. $45988,5788. 

Constitution of 1777, Watkins's Digest, pp. 5-16 ; Constitution of 1789, 
Watkins's Digest, pp. 25-30; Constitution of 1798, Watkins's Digest, pp. 31-43, 
Cobb's Digest, pp. 1111-1126 ; Constitution of 1861, Code of 1863, pp. 960-975; 
Constitution of 1865, Irwin's Code, pp. 966-983; Constitution of 1868, Code of 
1873, pp. 904-930; Constitution of 1877, sections 5698-5949. 

Ratified December 5th, 1877; proclamation of Governor, December 21st, 
1877. Constitution of 1868 was in force from July 25th, 1868: 39 Ga. 39. 

Is the organic law of Georgia. Verbal changes made after the report of re- 
Vision committee, presumed authorized by convention : 67 Ga. 294. 

Rules for construing Constitution : 70 Ga. 390. 

3. In subordination to the foregoing: All laws now of force in SjgJ*. j»J&i 
this State, not inconsistent with the Constitution and the ordinances 2 » 268 - 

of the Convention of 1877. 

Note. — Laws of Force in this State : 

(a) The Code— adopted by Constitutions of 1865 and 1868: 38 Ga. 431; 
42/196. 

(b) Decisions of the Supreme Court of Georgia — authority of, determined 
by the principle of the decision : 11 Ga. 500, 501. 

Act of 1858, p. 75, was prospective: 28 Ga. 597; it converted into statutes 
the decisions of the Supreme Court made by a full bench: 30 Ga. 202. Such 
is still the law : 59 Ga. 54. 

Head-notes, law only so far as supported by the decision : 26 Ga. 182; but 
see section 5583. 

Obiter dicta do not settle the law nor create an equity in favor of a party : 25 
Ga. 244 ; much of the law originates in : 26 Ga. 298. Dudley's Reports, Charl- 
ton's Reports, and Georgia Decisions, authority of: 13 Ga. 441. 
1 



§1 PRELIMINARY PROVISIONS. 2 

(c) Rules of court — See Code, sections 4044 and 4332, and cases there cited. 
Rules adopted by State Road : Code, §1030. 

(d) Provincial acts in force on May 14th, 1776, adopted: 5 Ga. 195. 

(e) Common law, of England. Adopting act: See Act of 1784 (Cobb'a 
Digest, p. 721), adopting laws of force prior to May 14th, 1776. 

Crimes, none exist in Georgia by common law, but only as defined by Code : 
51 Ga. 288. 

English common-law decisions higher authority than the ecclesiastical: 8 
Ga. 341. Prior to May 14th, 1776, not authority: ll Ga. 500; 14/569. Conclu- 
sive only when well settled : 15 Ga. 122. 

Evidence, law of, adopted : 1 Kelly, 108. 

Repeal of act declaratory of common law, without more, common law in 
force : 54 Ga. 231. 

Unsuited to this country, decision not adopted: 5 Ga. 195; 14/569; 36/199; 
49/28; 58/271. 

Words, meaning of, ascertained by resort to the common law: 51 Ga. 288. 

Common law, how far adopted : See Code of 1863, section 1, paragraph 6. 

(/) Statute law of England, prior to May 14th, 1776, unsuited to our condi- 
tion, statutes not adopted : 5 Ga. 195 ; 36/199 ; 38/213 ; 58/271. See cases cited 
under section 3605. 

(g) Equity, English system of — See Code, section 3945 and cases cited, 

(h) Civil law — See Code of 1863, section 1, paragraph 6. 

(i) Canon law — See Code of 1863, section 1, paragraph 6: 8 Ga. 341. 

2279?3675°' 4. The custom of any business or trade shall be binding only 
(2), 5148. w j ien jt j s f suc h universal practice as to justify the conclusion that 
it became, by implication, a part of the contract. 

Only where contract is dubious, parol evidence admitted to explain: 8 Ga. 
540. That owner is to pay only particular expenses does not supersede the 
legal principle : 14 Ga. 260. As to the negotiability of a note although under 
seal : 15 Ga. 529. Of banks, not agents, diligence by custom of another bank ; 
16 Ga. 38. Rates of shipment of cotton samples : 16 Ga. 558. As to extension of 
acts : 18 Ga. 65-90. Custom of common carriers as to delivery : 20 Ga. 574 ; 
21/526 ; 28/543 ; 32/405. As to freights : 40 Ga. 419. Contract implied from 
usage : 21 Ga. 526. Proof of notice must be shown : 30 Ga. 64. As to renting 
of other lands : 29 Ga. 82. When not binding : 28 Ga. 543. As to payments ; 
31 Ga. 381. Practice makes it a part of the contract: 41 Ga. 117. Express 
contract supersedes: 48 Ga. 601. Lender's custom or practice, where bor- 
rower is not shown to have known it, inadmissible: 54 Ga. 545. Reclamation 
for false packing of cotton must be made in reasonable time according to the 
custom of business: 57 Ga. 362. Crop rent for one- third of the corn and one- 
fourth of the cotton raised, enforced : 40 Ga. 511. Sending money by mail, of 
merchants: 31 Ga. 378. Of storage, at the time of storage only: 35 Ga. 108. 
Individual habits of dealing, not binding: 37 Ga. 384-392. Clerks of boats can 
bind only where it is the universal custom : 41 Ga. 122. Commission mer- 
chants: 42 Ga. 535. Custom of trade, as to delivery of goods: 46 Ga. 433. 
Bills of lading, as to exemptions in : 33 Ga. Sup. 159-164. As to cotton re- 
ceipts and warehouses: 33 Ga. Sup. 96. When not so universal as to be 
without exception : 64 Ga. 184-190. 

Notes from decisions since Code of 1882 : 

Ambiguous writings, custom admissible to explain ambiguous written 
agreement, but not to change clear, express agreement: 92 Ga. 613. 



PRELIMINARY PROVISIONS. 



Applicable, to defense that, by custom, physicians do not charge each 
other : 66 Ga. 49. 

Contracts, where custom did not enter into contract of employment of fire- 
man by city : 76 Ga. 828. Local usage not admissible in evidence where incon- 
sistent with express terms of contract: 92 Ga. 740; see also 48 Ga. 601; 
54/128; 88/321. 

Damage suit, in personal-injury case, not competent to prove custom of pe- 
destrians crossing street over car-line : 91 Ga. 466. 

Existence of such custom, question for jury : 65 Ga. 210. 

Incident to contract, usage of insurer in giving personal notice of premiums 
falling due becomes an incident to the contract : 76 Ga. 575. 

Individual habits of dealing, not make such custom, nor will deviation from 
such custom in particular instances impair its validity : 69 Ga. 341. 

Knowledge of custom, not necessary to show that it was "in the minds of 
both parties" : 69 Ga. 438. 

Local custom, transient not bound, unless has knowledge thereof; contrary 
if universal or general : 86 Ga. 408. Local custom of insurance companies, as 
to renewal of policies, invoked by agent, sued for failure to insure : 91 Ga. 478. 
Local custom that brokers may rescind sale and take possession of goods, not 
affect seller, when : 92 Ga. 105. 

Parol proof, custom, which is part of contract by implication, shown by 
parol : 65 Ga. 210. 

Reasonable custom, as to charges to be made, contracting party bound, if 
aware thereof : 86 Ga. 408. 

"Universal practice," meaning of, whether running omnibuses to depot is, 
by custom, part of public stable business so that city can require only one 
business tax : 66 Ga. 31, 36. 

§2. (2.) Code— when and how to take effect. This Code shall take A £% m8, 
effect on the first day of January, 1863. All offenses committed prior §$5935^4, 
to that date shall be tried and punished under existing laws; and all 5934 ' 
rights or obligations, or duties acquired or imposed by existing laws, 
shall remain valid and binding, notwithstanding the repeal or mod- 
ification of such laws. 

Code of 1863, authorized by Acts of 1858, p. 95 ; adopted to take effect January 
1st, 1862, Acts of 1860, p. 24; time extended, so as to take effect January 1st, 
1863, Acts of 1861, p. 28; ratified by Constitution of 1865, Article 5, section 1, 
paragraph 5; Irwin's Code of 1867, ratified by Constitution of 1868, Article 11, 
section 3; Code of 1873, Acts of 1872, p. 524; Code of 1882, Acts of 1880-1, p. 
676 ; Acts of 1882-3, p. 673 ; Code of 1895, Acts of 1893, p. 119, adopted De- 
cember 16th, 1895, Acts of 1895, p. 98. 

Section cited, not retroactive: 34 Ga. 387. Liability of husband for wife's 
debts before the Code : 38 Ga. 258. Interest prior to the Code : 45 Ga. 520. 
The Act of 1869, repealing the third section of the Act of 1856, does not affect 
the Code provisions : 52 Ga. 410-414. 

Codifiers revised and changed the law in this instance: 69 Ga. 194, 330. 

Certain decisions made before adoption of Code, held not law since Code: 
69 Ga. 308. 

Appointment of commissioners to fill vacancies caused by resignation of 
two elected : 44 Ga. 83. 

Authority of codifiers, not to make but to codify laws: 34 Ga. 249; 37/412; 
42/195. (See Acts of 1858, p. 95.) See also 46 Ga. 16. Immaterial since adop- 
tion by the Constitution : 38 Ga. 431. 



PRELIMINARY PROVISIONS. 



Common-law principle adopted f details incident to it presumed adopted: 37 

Ga. 417. # 

Definitions, generally exact, but not construed as exhaustive: 42 Ga. 196 ; 

51/269. 

Omission of part of statute, effect of, 34 Ga. 251. Where the provision of 

the Code treats the entire subject-matter, what is omitted is repealed : 42 Ga. 

332 ; 55/143. Where part omitted may be restored without inconsistency, no 

repeal: 53 Ga. 87. 

Presumed to show the substance of all statutes in force at time of its adop- 
tion ; it is a legislative interpretation thereof: 34 Ga. 249. 

Phraseology, change of ,by Code, not held to be a change of the law unless 
intention apparent: 37 Ga.412; 42/196; 51/269. 

Power of sale in executor conferred by will made prior to Code, executor 
might sell at private sale after Code : 62 Ga. 341. 

Decisions construing statutes prior to Code, applicable to similar provisions 
codified substantially : 62 Ga. 728. Statute omitted, but not inconsistent with 
any provision of the Code, still in force: 53 Ga. 675. 

Statutes passed during the war, how far confirmed : 41 Ga. 231 ; 44/504. 

Adoption, Constitution adopting the Code did not adopt inaccuracies, and 
adopted changes in the law only when clearly intended : 71 Ga. 119. Adoption of 
a Code, not compilation, is the legislative act: 83 Ga. 512. Act containing 
matter different from title, defect cured by adoption of Code : 70 Ga. 284. 

Authority of codifiers, codifiers revised and changed the law in this in- 
stance : 69 Ga. 194, 330. 

Decisions superseded, certain decisions made before adoption of Code, held 
not law since Code : 69 Ga. 308. 

Statutes, in case of discrepancy between printed act and enrolled act, latter 
governs : 79 Ga. 718. 

Statute law of England, 24 George II., chapter 44, section 1, requiring one 
month's written notice to justice of the peace before suing him for official 
act, is of force in Georgia : 67 Ga. 716 ; see also 1 Ga. 605. 

Code not intended to make or change law : 96 Ga. 10; 42/196 ; 37/412. 

Code makes few changes in the law : 42 Ga. 169, 197 ; 71/120. 

Change made by Code: 73 Ga. 505, 506. 

Errors not adopted by Constitution of 1868: 71 Ga. 106, 119. 

Section 3277 not law prior to Code : 92 Ga. 343. 

Unconstitutional sections validated by Constitution of 1868 : 70 Ga. 284. 

Dissenting opinion followed by codifiers: 80 Ga. 280. 

Unauthorized change in Code not ratified by Constitution of 1868: 78 Ga. 
188. 

Commendation of Code of 1862 : 34 Ga. 217. 

Code intended to be declaratory of the existing law and not to make changes : 
34 Ga. 249. 

Discrepancies in Code to be reconciled : 47 Ga. 286. 

Provisions in Code to be construed together and harmonized : 96 Ga. 11 ; 
47/286. 

Codifiers of Code of 1862 attempted to unify and harmonize the law : 86 Ga. 
370. 

Presumption that codifiers did not attempt to make law: 96 Ga. 10; 71/120; 
34/249. 

Presumption that omission of clause was intentional and operated as a re- 
peal : 55 Ga, 144 ; 52/414. 

Omission to codify provision of statute fairly attributable to oversight. 
Effec\, however, being a repeal : 96 Ga. 594. 



5 PRELIMINARY PROVISIONS. §§3, 4 

Definitions in Code not necessarily accurate: 51 Ga. 269. 
Classifications of the Code are not law, nor are they accurate: 39 Ga. 407; 
73/505. 

§3. State, where bound by a statute. The State is not bound by theJL^Jj^ 
passage of a law unless named therein, or unless the words of the 268# 
act should be so plain, clear and unmistakable as to leave no doubt 
as to the intention of the legislature. 

State not bound by a law unless named therein, or unmistakably contem- 
plated : 73 Ga. 30. See 54 Ga. 36. 

§4. (4.) Construction of statutes. The following rules shall govern^ 675 ' 268 - 
the construction of all statutory enactments in this State: 

A statute must be construed with reference to the whole system of which it 
forms a part : 14 Ga. 674. 

In construing statute, effect should be given to all its words: 85 Ga. 625. 

Since Act of 1876, laws take effect from passage by legislature and approval 
by Governor : 76 Ga. 741. 

1. The ordinary signification shall be applied to all words, except $3675(2). 
words of art, or connected with a particular trade or subject-matter, 
when they shall have the signification attached to them by experts 

in such trade, or with reference to such subject-matter. 

Ordinary signification: 4 Ga. 486; 49/201. The common sense of it: 46 Ga. 
281. Any pistol : 61 Ga. 418. 

Meaning of "retail" in act providing that certain liquors "shall not be de- 
livered, sold or furnished by retail," etc. : 69 Ga. 444, 446. 

Words are to be given their plain, obvious, and common-sense meaning: 
70 Ga. 396. 

Meaning of "fully cured" meat determined by experts, i. e., persons in the 
trade : 73 Ga. 617. 

"Ordinary care" equivalent to "common prudence" : 79 Ga. 54. 

2. The present or past tense shall include the future. 

3. The masculine gender shall include the feminine and neuter. 

In the sections relating to the making of wills, the masculine includes the 
feminine : 86 Ga. 368. 

4. The singular or plural number shall each include the other, 
unless expressly excluded. 

Stated, orphans includes orphan: 23 Ga. 383. 

5. A joint authority given to any number of persons, or officers, $ 4 5oi. 
may be executed by a majority of them, unless it is otherwise de- 
clared. 

Majority: 1 Ga. 271. Three commissioners out of five, competent to act: 9 
Ga. 367. 

6. A substantial compliance with any requisition of the Code, or $^528, 4971, 
laws amendatory thereof, especially on the part of public officers, 

shall be deemed and held sufficient, and no proceeding shall be de- 



§4 PRELIMINARY PROVISIONS. 6 

clared void for want of such compliance, unless expressly so pro- 
vided by the enactment. 

Four commissioners assigning dower are sufficient: 64 Ga. 764. Illegality, 
judgment merely irregular, in omitting to sign it : 62 Ga. 103-106. When judge's 
certificate to a bill of exceptions is a substantial compliance with the law: 
58 Ga. 467. As to signature of a bond in a garnishment case : 55 Ga. 617. 

Tax fi. fa. directed to "any lawful officer," held a substantial compliance 
with section 894 : 68 Ga. 174. 

Where more than two-thirds of qualified voters voted in favor of measure, 
irregularity in publication did not invalidate : 86 Ga. 605. 

Derogatory of common law, strictly construed : 72 Ga. 187 ; 71/678 ; 77/684. 

The statute providing for receivers of insolvent traders must be strictly 
complied with : 71 Ga. 679. 

Legislative act authorizing closing street, strictly construed: 84 Ga. 372. 

Summary statutory remedies, strictly construed: 73 Ga. 233; see also 45 
Ga. 161 ; 60/105 ; 66/732. 

$$3765,263, 7. When a bond is required by law, an undertaking in writing, 

2554,3398. without seal, is sufficient; and in all bonds where the names of the 

obligors do not appear in the bond, but are subscribed thereto, they 

are bound thereby. 

An undertaking in writing without a seal is sufficient: 48 Ga. 631-641. 
Where bond subscribed : 9 Ga. 501. Instrument with a scrawl is a bond : 29 
Ga. 427. 

Though not purporting in body thereof to be under seal, binding: 94 Ga. 37. 
Filling in blank in bond with name of surety already subscribed thereto, not 
invalidate : 94 Ga. 37. 

$$4456,3693. 8. When a number of days is prescribed for 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, an- 
other day shall be allowed in the computation. 

Paper dates from its delivery: 38 Ga. 459. In the five days for sheriffs to 
serve writs, the return day excluded from the computation : 33 Ga. 146. Sun- 
day counted when in the thirty days within which the judge is to certify a 
bill of exceptions : 14 Ga. 122. Sunday not counted as one of the four days 
within which to appeal : 12 Ga. 93. Sunday not counted as one of the five days 
for the sheriff to serve a writ : 23 Ga. 49. From and after excludes the last 
day, certiorari: 28 Ga. 41. No notice of fraction's of a day: 38 Ga. 459. Judg- 
ment of a justice of the peace nineteen days from the date of the summons, is 
void : 56 Ga. 282. 

Railroad-ticket issued 6th of December, to be used within two days, good 
until 12 o'clock night, 8th of December: 68 Ga. 219. 

Brief of evidence to be filed, etc., within thirty days after court, last day 
falling on Sunday, brief filed on Monday : 75 Ga. 886. 

Execution issued July 30th, upon justice-court judgment rendered July 
26th, was premature but not void: 83 Ga. 564. 

When last day for tendering bill of exceptions is Sunday, following day 
superadded : 94 Ga. 353. 

$3675(5). 9. In all interpretations, the courts shall look diligently for the 

intention of the General Assembly, keeping in view, at all times, 

the old law, the evil, and the remedy. Grammatical errors shall not 



7 PRELIMINARY PROVISIONS. §4 

vitiate, and a transposition of words and clauses may be resorted to 
when the sentence or clause is without meaning as it stands. 

Rules to interpret: 2 Ga. 85. Intent from the act, and other acts: 3 Ga. 
146. Intent controls where there are several acts : 33 Ga. 344. Intention gov- 
erns, and implied repeals not favored : 15 Ga. 361. Intention to be arrived at 
by the surroundings at the time of the passage of the act: 29 Ga. 621. One 
legislature cannot bind another by contract, where act of Congress revocable: 
33 Ga. Sup. 39. Laws of other States recognized by comity : 49 Ga. 110. In- 
tention governs: 49 Ga. 54. Where" two affirmative statutes not repugnant, 
the one not repealed by the other : 49 Ga. 152-159. Charters expire in thirty 
years where silent as to their continuance : 49 Ga. 151. 

Legislative resolution, instructing public officer as to duties under convict- 
lease act and contract, looked to in determining legislative intention in such 
act : 65 Ga. 67. 

Legislative intent contrary to previous legislation, not implied from doubt- 
ful expressions admitting of different interpretations: 76 Ga. 182. 

Testimony of member of legislature, or comptroller-general, inadmissible 
to show intent in tax act: 93 Ga. 12. 

The cardinal rule is to have regard to old law, mischief, and remedy : 67 
Ga. 293. 

Special act executed, no further authority thereunder: 86 Ga. 94. 

General Note. Notes embraced in Code of 1882 : 

Construction liberal, but not too much latitude: 3 Ga. 152. Must regard 
substance, and not cling too closely to the letter of the law: 13 Ga. 55. 

Construction, legislative, revenue statutes, and those in derogation of 
common rights, strictly construed : 8 Ga. 23 ; 4/208. Of a doubtful law, where 
it interferes with no vested rights, has retroactive efficacy: 9 Ga. 213. Cannot 
enact that the law was such, in some past time: 39 Ga. 48. Nor retrospec- 
tively: 40 Ga. 341. 

Construction, contemporary, history of legislation in reference to particular 
matter looked to : 8 Ga. 23 ; 4/208. Affirmance of what the law has been in the 
past: 39 Ga. 48. Different provisions of the Code and common law considered 
with the statute : 40 Ga. 341. Regard to construction placed by sages of the 
law who lived at the time, or soon after: 13 Ga. 441. 

Corporations, statutes in favor of , strictly construed : 7 Ga. 221 ; 8/23 ; 9/212. 

Charters of banks, as contracts : 19 Ga. 325. Acts not warranted by : 40 Ga. 
103. Need not recite in the title its powers : 62 Ga. 485. 

Constitutionality presumed — not declared unconstitutional except in clear 
cases: 16 Ga. 102; 9/253. Duty of judiciary as to unconstitutional legisla- 
tion: 13 Ga. 83. Courts reluctant to declare acts unconstitutional: 34 Ga. 
309. Except when absolutely necessary to do otherwise : 35 Ga. 124. Where 
the legislature not rightfully in session, how it affects legislation: 44 Ga. 77. 
When presumption in favor res judicata: 44 Ga. 649. 

Confirmatory statutes in regard to bank assignments : 30 Ga. 770. 

Derogatory of common right — must be strictly construed : 1 Ga. 51 ; 18/318. 
As to eminent domain : 3 Ga. 31. Making party plaintiff witness against him- 
self on a usurious contract, and admitting defendant's oath in support of his 
plea: 4 Ga. 474-492. As to grants, strictly construed : 9 Ga. 475. Extended 
no farther than the words clearly import: 30 Ga. 527; 1/533 ; 8/23. 

Distribution — acts changing the law of descent without consent of the in- 
dividual, are wrong: 8 Ga. 211. 



PRELIMINARY PROVISIONS. 8 

Exceptions and provisos, when not exceptions: 2 Ga. 92-103. How stated 
in an indictment: 22 Ga. 545; 13/435. As regards the statute of limitations: 
15 Ga. 1. Different rule in civil from criminal cases : 17 Ga. 625. Proviso: 21 
Ga. 366. Indictment need not negative the proviso in the law: 26 Ga. 593. 
Proviso void because repugnant to the body of the act : 33 Ga. 302. Body of 
the act not different from the title : 22 Ga. 203. 

Expressio unius, etc., meaning of : 1 Ga. 403, 404. Constitutional provision, 
effect on the legislative branch : 39 Ga. 265. 

Fraud, suppression of, liberally construed: 9 Ga. 253. Where dehors the 
grant, voidable only on suit: 10 Ga. 192. 

General terms, discussion in reference to the Penal Code: 12 Ga. 36-40, 
"Other writing" will not include a record: 21 Ga. 16. Act of Congress, the 
general expression "or other property," what it covers: 34 Ga. 199. 

Interpretation, an equitable construction within the mischief, if not within 
the words: 17 Ga. 456. The phrase "in operation" defined : 9 Ga. 286. 

In pari materia, several acts on the same subject and of doubtful meaning, 
general intent controls: 33 Ga. 344. Different statutes made at different 
times construed together: 1 Ga. 32; 2/85, 43. Acts of 1810 and 1820 construed, 
as to returns to the court of ordinary, with reference to whole system of which 
it is a part : 10 Ga. 68 ; 14/674. Intention gathered from all the other acts in 
pari materia: 3 Ga. 146. 

Legitimating statutes, where the only effect was to change the party's 
name: 7 Ga. 512. Assent of reputed father to legitimating act necessary: 10 
Ga. 342. To enable illegitimates to inherit : 25 Ga. 636. 

Liberty, personal, in favor of, acts for the relief of honest debtors: 20 Ga, 
474. Common law and the Constitution of the State, together with the 
statute : 21 Ga. 139-143. Insolvent laws liberally construed in favor of : 27 
Ga. 224. 

Omission of word in, word "grant" omitted in one part, explained in another 
part of the statute : 2 Ga. 143. 

Penal statutes, although construed strictly, yet not so as to defeat the in- 
tention of the legislature : 3 Ga. 18-23 ; 34/455. Lotteries under Act of 1833, 
only civil remedy for: 29 Ga. 616. So strict that ordinary signification of the 
law would reach the offense : 33 Ga. 229. In favor of life : 38 Ga. 571. 

Private statutes import verity, but attackable for fraud : 8 Ga. 211. 

Proceedings ex parte, great strictness required: 31 Ga. 710. 

Remedial statutes are to receive an equitable construction or interpreta- 
tion : 2 Ga. 85. Against fraud, liberally construed ; qui hceret in litera, hceret in 
cortice: 2 Ga. 254, 5. Enlarging common-law rights of all as to assigning and 
transferring judgments and executions : 5 Ga. 364-368. Where there is aright 
of action created in favor of individuals : 12 Ga. 104. Even if retrospective, not 
void, if do not impair contracts or vested rights, and do affect the remedy : 12 
Ga. 437. May be retrospective and yet constitutional: 23 Ga. 183. 

Rights vested, not divested without compensation : 23 Ga. 407. Construed 
as executed contracts, and when not, an act of Congress: 33 Ga. Sup. 39. 

Repealed, impairing obligation of contracts : 39 Ga. 307. Rights under tem- 
porary statutes continue, although the law expires: 30 Ga. 581. Repeals gen- 
erally: 1 Ga. 32; 14/391. Affirmative statute repealing a former affirmative 
statute by implication: 49 Ga. 173. Reserving right of repeal in a statute, 
can then repeal by implication: 14 Ga. 328; 12/404. By implication, not fa- 
vored : 15 Ga. 361. Can repeal where do not impair the obligation of contracts : 
17 Ga. 56. As to stock killed by railroad, repealing the old law: 21 Ga. 104- 
107. Of prior act, as to the punishment, not a repeal of the act itself: 23 Ga. 
9, 10. No repeal by implication where it operates in future : 24 Ga. 356. Two 



9 PRELIMINARY PROVISIONS. §5 

affirmative statutes not repugnant, do not repeal : 26 Ga. 120-122. Only a re- 
peal so far as repugnant: 27 Ga. 407. Demurrer testing the question as to the 
law being repealed : 28 Ga. 85. 

Title looked to, not where the words of the enacting clause are clear and 
positive: 1 Ga. 157 ; 31/605. Of amending act, looked to: 25 Ga. 610. 

Trade, restraining of, strictly construed: 8 Ga. 23. 

Taxes, strictly construed : 8 Ga. 23. Prior to the Code: 34 Ga. 370. Inten- 
tion in an act of Congress : 35 Ga. 315. 

Working forfeiture, strictly construed: 25 Ga. 344. 

Notes from decisions since Code of 1882 : 

Amending act, valid, although rendering nugatory the act amended : 92 Ga. 
693, 694 ; see also 85 Ga. 19. 

Construction, contemporary, on question whether title to Christ Church 
cemetery, Savannah, was in church or city, colonial and subsequent statutes 
looked to in light of that period : 82 Ga. 660. 

Costs and salaries, acts providing for, strictly construed : 73 Ga. 807. 

Derogation of common law, statute in derogation of common law strictly 
construed : 71 Ga. 678 ; 77/684 ; 72/187. 

Forfeitures, not favored ; statute which may be construed to give or with- 
hold penalty, latter construction preferred: 74 Ga. 619. 

Implication, repeals by, not favored ; under Constitution of 1877, question- 
able whether repeals by implication now possible : 74 Ga. 42 ; see also 71/461 ; 
15/361; 49/173. Act passed at subsequent session of legislature, inconsistent 
with prior act, to that extent repeals latter: 92 Ga. 694; see also 85 Ga. 19. 

In pari materia, several acts on same subject construed in pari materia: 68 
Ga. 687. Consistent powers conferred on municipality by successive statutes, 
construed in pari materia: 91 Ga. 268. 

Literal compliance with limitations imposed by statute for removal of 
causes to Federal courts, required: 76 Ga. 679. 

Tax exemption, inclusio unius exclusio alterius, applied to exemption from 
taxation under contract with city. Exemption strictly construed: 66 Ga. 107, 
110. 

§5. (5.) Meaning of certain words. The following meaning shall 
be given to each of the following words in all statutes, unless a dif- 
ferent meaning is apparent from the context: 

Property includes real and personal property. 

This section and clause cited : 48 Ga. 137 ; see also 66 Ga. 711, 712. 

Person includes a corporation. $$1802,1831. 

"Persons" includes corporations, as banks: 60 Ga. 134. As to torts, there 
is the same rule: 58 Ga. 219. As to corporations, that applies to persons: 18 
Ga. 412. Railroads on same footing as persons: 24 Ga. 356. Taxes apply to 
corporations the same as to persons : 44 Ga. 397. Fraud in corporations treated 
just as with individuals: 54 Ga. 636. 

Cited, "person" including railroad company : 72 Ga. 294. 

"Person" includes both sexes: 74 Ga. 795. 

Writing includes printing and all numerals. 
Oath includes affirmation. 

Signature, or Subscription, includes the mark of an illiterate or 
infirm person. 



§6 PRELIMINARY PROVISIONS. 10 

Where officer could not write, entry written at his instance and in his pres- 
ence, signed with mark, good : 66 Ga. 62. 

Lunatic, Insane, or Non compos mentis, each includes all persons of 
Unsound minds. 

Justice, when applied to magistrates, means justice of the peace. 

Preceding and Aforesaid mean generally next before, and Following 
next after, unless the context requires a different signification. . 

Aforesaid: 35 Ga. 181. 

As to the meaning and signification of these words " preceding" and ''afore- 
said" : 35 Ga. 180. 

Aet 8 i838 Month means a calendar month. 
Cobb, 536. Year means a calendar year. 

A cobb?274. S ea l sna U include impressions on the paper itself, as well as im- 

$$505,182. passions on wax or wafers. With the exception of official seals, a 

Scrawl, or any other mark intended as a seal, shall be held as such. 

Seal of a corporation presumed to have been properly placed there: 58 Ga. 
547. Official seal of clerk should be affixed to his certificate: 13 Ga. 253. 
Scroll with word "seal" written in it opposite name on bond, sufficient: 12 
Ga. 459. Same rule applies to the seal of a corporation as to that of an indi- 
dividual : 25 Ga. 316. 

Recital "witness our hand and seal," without more, does not make a sealed 
instrument : 72 Ga. 898. 

Printed "L. S.," after signature, good seal: 81 Ga. 453; 82/883. 

$509. Highway, or Road, includes bridges upon the same. 

Other words.— Month : 59 Ga. 393. In operation : 9 Ga. 286. All : 15 Ga. 518. 
Either : 20 Ga. 120. When : 20 Ga. 584. Provided : 22 Ga. 206. Shall : 34 Ga. 
18-122. Corporation: 35 Ga. 318. Banks: See section 1967. May, permissive 
and discretionary with the court : 34 Ga. 18. When may construed to mean 
must or shall : 38 Ga. 545 ; 7/89 ; 33/419. 

"All" in statute may be restricted by general form and scheme of enact- 
ment : 90 Ga. 680 ; citing 15 Ga. 518. 

"Estate" means quantity of interest in property ; "property" includes both 
realty and personalty : 82 Ga. 694. 

"The" is definite and means "all the" : 87 Ga. 24. 

"Trinkets" includes fans and parasols; "laces" includes lace shawls: 90 
Ga. 747. 

$$5730,5982. §6. (6.) Future operation of laws. Laws prescribe only for the 
future; they cannot impair the obligation of contracts, nor gener- 
ally have a restrospective operation. Laws looking only to the 
remedy or mode of trial, may apply to contracts, rights and offenses 
entered into or accrued or committed prior to their passage; but in 
every case a reasonable time subsequent to the passage of the statute 
should be allowed for the citizen to enforce his contract, or protect 
his right. 



11 PRELIMINARY PROVISIONS. §6 

Obligation of contracts not violated in reference to a grant: 2 Ga. 143-147 ; 
where remedial, not unconstitutional: 5 Ga. 239. License obtained from the 
inferior court cannot be affected subsequently by any action of a city: 5 Ga. 
447. Law not affecting vested rights can be retroactive : 9 Ga. 213. Act of 
the legislature, when a contract, not affected subsequently : 10 Ga. 190. Reme- 
dial retrospective law, where does not impair contracts, not illegal: 12 Ga. 
437; 13/306. Changing county-site did not impair vested rights: 17 Ga. 56. 
When no contract existed made by the State: 17 Ga. 179-182. An act of limi- 
tations not unconstitutional: 18 Ga. 171. Exemptions to a fire company re- 
voked, held not unconstitutional: 20 Ga. 448. As to State's power over 
incorporated academy endowed by the State : 22 Ga. 506. Refers to contracts 
at the time of the passage of the law: 23 Ga. 51. Where the franchises being 
of a different character, the one did not infringe on the other: 25 Ga. 445. 
Where only changes a rule of evidence, not objectionable: 35 Ga. 26. State 
may vary the remedy if so chooses : 38 Ga. 356. Denying remedy impairs the 
obligation of the contract : 44 Ga. 295. 

Retrospective operations, where only gives additional remedy: 1 Ga. 78. 
Where only prospective: 1 Ga. 173. When not retrospective and not impair- 
ing the obligation of contracts : 4 Ga. 208. Retrospective statutes forbidden 
generally: 8 Ga. 23,24. When not retroactive: 12 Ga. 353. When registry 
law allows a reasonable time to record, not objectionable: 13 Ga. 1. Ex post 
facto law defined : 16 Ga. 102. Where operates only on the remedy : 16 Ga. 
151 . A statute of limitations not objectionable where a reasonable time al- 
lowed: 20 Ga, 408. When only prospective law: 28 Ga. 597. Confirmatory, 
retroactive law as to taxes, legal: 30 Ga. 845-852. Ex post facto and retroactive 
law is void : 35 Ga. 298. Where no legal vested rights affected, not objection- 
able: 36 Ga. 51. Where a law in regard to smallpox was held not retroactive: 
36 Ga. 422. Legal-tender law of Congress is right although retrospective : 37 
Ga. 503. Law making that clear heretofore doubtful, not objectionable: 39 
Ga. 48, Inheritance allowed by a retrospective law: 40 Ga r 341. As affecting 
the Western and Atlantic Railroad , held a correct law : 40 Ga. 418. As to 
taxes on railroads : 40 Ga. 652. Not so unless where language so demands : 
43 Ga. 388-390. When not affected by : 43 Ga. 480. 

Remedy may be left generally to the legislature's discretion: 7 Ga. 163. 
And the mode and manner also are under legislative control : 9 Ga. 253. When 
not intended to be restrospective as to judgments rendered before the passage 
of the act: 15 Ga. 497. Claims before the passage of the act collectible where 
only remedy changed: 25 Ga. 243. So remedy not rendered nugatory by 
changing: 28 Ga. 345. When does not impair the remedy : 44 Ga. 420. 

See notes to sections 5730 and 5982. 

Act of March 2d, 1875, requiring registration, etc., of past matured bonds 
does not repudiate bonds, take away remedy, nor impair obligation of con- 
tracts: 68 Ga. 711, 716. 

Act of November 12th, 1889, applies only to such telegraph companies as 
construct their lines after its passage : 86 Ga. 104. 

Amending statutes, statute amending prior statute operates on future 
transactions only, unless contrary plainly expressed: 91 Ga. 841. 

Homesteads, homestead acts void as against obligations incurred prior to 
Constitution of 1868 ; applied where attorney received claim prior to 1868, and 
collected it after said year : 69 Ga. 186. Date of contract, not breach, governs : 
69 Ga. 188. See notes to section 2827, catchwords "Impairing Obligation." 

Exemption of personalty not valid for more than $1,000, as against debt 
antedating Constitution of 1877 : 69 Ga. 605. 



§§7,8 PRELIMINARY PROVISIONS. 12 

Obligation of contracts, legislative resolution instructing public officer as 
to duties under convict-lease act and contract, cannot impair obligation of 
contract: 65 Ga. 67. 

Regulating statutes, statutes regulating court procedure, applying to cases 
then pending, but depriving parties of no substantial rights, not void: 91 Ga. 
142; see also 87 Ga. 296, 297 ; 16/102, 151. 

Retroactive, statutes never construed to be retroactive unless such con- 
struction imperatively demanded: 73 Ga. 577. 

Telegraph penalty Act, repeal of, abates pending suits for the penalty : 95 
Ga. 809. 

^Hi^ill §7* (^ •) Ignorance of law. Laws, after promulgation, are obliga- 
tory upon all inhabitants of this State, and ignorance of the law 
excuses no one. 

Plea of ignorance of the law not upheld : 58 Ga. 126. Difference between 
ignorance and mistake: 7 Ga. 70. Does not excuse a sheriff: 32 Ga. 362. Ig- 
norance of law as affecting the jury : 30 Ga. 385 ; see also 65 Ga. 158. 

Ignorance of law does not commend a complainant seeking injunction : 70 
Ga. 611. 

Si°3297 5 ' §8- (8.) Lex loci. The validity, form and effect of all writings or 
2706. contracts are determined by the laws of the place where executed. 
When such writing or contract is intended to have effect in this State, 
it must be executed in conformity to the laws of this State, except- 
ing wills of personalty of persons domiciled in another State or 
country. 

As to indorsement, remedy is governed by the lex fori, and construction by 
the lex loci: 2 Ga. 158. Where the indorsement is here, it is governed by the 
law here : 4 Ga. 1 ; 27/243. Wills of personalty governed by party's domicile, 
and realty by the lex loci: 3 Ga. 432. Who are heirs: 29 Ga. 311. Lex loci gov- 
erns as to the nature, construction and obligation of contracts: 2 Ga. 159. 
Priorities depend on the law of the place where the property is: 7 Ga. 359. 
Lex loci governs as to the interpretation, and the lex fori as to the remedy : 18 
Ga. 725. Lex loci only avails where it does not affect law of this State, or have 
immoral tendency : 34 Ga, 407. South Carolina mortgage only a security here : 
36 Ga. 152. Remedy governed by the lex fori: 2 Ga. 159; 37/428. Where it 
was contemplated that the contract should go into effect, controls its construc- 
tion : 12 Ga. 583. Case of an assignment: 35 Ga. 177. Place of performance 
governs as to interest: 21 Ga. 135. Divorce governed by the lex fori: 31 Ga. 
223. But marriage and legitimacy, etc., by the lex loci: 34 Ga. 407. Lex loci 
applied to United States courts in Georgia: 35 Ga. 320. Agreements as to 
arbitration construed according to law where made: 37 Ga. 456. Presumed 
that lex loci is same as our own, as to Sunday contracts: 41 Ga. 449. Common 
law presumed in force, if not shown what law of another State is: 43 Ga. 461. 
Note in South Carolina payable there, governed by the law there: 50 Ga. 434, 
425. Will of lands governed by the lex loci: 52 Ga. 476. Procedure where 
suit is brought, but rights determined according to law where damage done: 
49 Ga. 106. Law of the place forms part of the contract : 49 Ga. 152. Con- 
tracts governed by the law of State where to be performed : 62 Ga. 241 ; 31/210. 
Where the law placed in evidence, the lex loci governs: 64 Ga. 184; 38/132. 

Marriage : see note to section 2420. 



13 PRELIMINARY PROVISIONS. §9 

Notes from decisions since Code of 1882 : 

Administrator's bond, although non est factum pleaded to suit on administra- 
tor's bond, original being in Alabama court, certified copy admissible without 
other proof, Alabama statute controlling: 67 Ga. 167, 168. 

Assignment, legal in New York, where executed, not intended to have ef- 
fect in Georgia, held valid, though no schedule, etc., attacked: 82 Ga. 142 ; see 
also 12 Ga. 586. 

Common lawsuit, right of action arising at common law, governed by stat- 
ute of State where suit brought : 77 Ga. 204. 

Construction and remedies, law of place of execution governs: 71 Ga. 630. 

Domicile, cited, and held that personalty here was to be distributed by law 
of State of intestate's domicile : 71 Ga. 231. Situs of debt follows creditor ; law 
of his domicile prevails where he and debtor reside in different States: 82 Ga. 
142. 

Inspection of fertilizers, Georgia statutes as to, have no extraterritorial 
force: 82 Ga. 438. Order on South Carolina house by letter, filled, purchase- 
money notes mailed thither, sale valid : 82 Ga. 438 ; see also 77 Ga. 257. 

Lex fori, amendments and mode of procedure controlled by lex fori, suit here 
on right of action arising under South Carolina statute : 68 Ga. 572. 

Material-man's lien, contract made in Alabama for material to improve real 
estate in Georgia, gives lien for same under laws of Georgia: 71 Ga. 628. 

Mortgage, if valid at place where executed, is valid everywhere : 76 Ga. 177. 

Personal injuries, law of State where personal injury occurred, applied, 
except as to modes of procedure and practice : 49 Ga. 107 ; 68/384. 

Place of delivery here governs: 77 Ga. 257. 

Place of performance, contracts governed by law of place of performance, 
only when legal where made : 84 Ga. 481. 

Railroads, conductor's contract with railroad company made in one State, 
and injury occurring in another, quaere as to what law applicable : 68 Ga. 384. 

Rate of interest generally controlled by law of place of performance, inten- 
tion controls : 91 Ga. 507 ; see also 84 Ga. 481 ; 87/1 ; 88/756 ; 96/227. 

Reason of rule, that local usage or understanding of words is admissible to 
explain intention of parties, probably a leading reason for adopting rule of this 
section : 74 Ga. 215 ; citing 71 Ga. 231. 

Statute of limitations, where action for tort under Alabama statute was not 
limited otherwise than by general State statute of limitations, Georgia limi- 
tation law governed : 83 Ga. 621 ; distinguishing 49 Ga. 107. 

Wills, non-resident's will to realty in Georgia construed in accordance with 
laws of Georgia: 68 Ga. 464. Words "my own right heirs," ambiguous: 73 
Ga. 506. Parol evidence that testator lived in Pennsylvania when will exe- 
cuted, and had realty and personalty there, and that under Pennsylvania law 
full-brother inherited to exclusion of half-brother, competent : 73 Ga. 506. 

§9. (9.) Comity of States. The laws of other States and foreign ^jg^ff' 
nations shall have no force and effect of themselves within this £148, 2060, 

5600, 4410- 

State, further than is provided by the Constitution of the United U12 - 
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 the policy or prejudicial 
to the interests of this State. 

By comity the citizen of a foreign State cannot be made a party to a suit 
here so as to estop him by such judgment: 5 Ga. 505. Laws of other States — 



§10 PRELIMINARY PROVISIONS. 14 

how far respected : 5 Ga. 511. Comity as affecting a home judgment on prop- 
erty : 7 Ga. 359. As regards slaves escaping: 9 Ga. 555. Fugitives from jus- 
tice: 13 Ga. 97. Lex loci not enforced when immoral: 34 Ga. 407. As to in- 
juries done in Alabama: 43 Ga. 463. Judgment lien on property removed, and 
then returned to this State : 17 Ga. 491. Administrations and successions : 18 
Ga. 561. Foreign administrator, comity is reciprocity : 34 Ga. 518. Not re- 
quired by comity to enforce what is not law in another State : 36 Ga. 390. Su- 
ing foreign executors in this State : 56 Ga. 326-329. 

Foreign administrator's liability depends on law of State where appointed : 
70 Ga. 528. 

Cited, as to law of distribution of another State governing personalty 
located in Georgia: 71 Ga. 231. 

Marriage settlement, executed between persons who were then and con- 
tinued to be citizens of South Carolina, applied to lands situated in Geor- 
gia according to South Carolina inheritance laws: 74 Ga. 210. 

Alabama judgment, construing Alabama charter, with respect to powers 
conferred therein, followed here: 73 Ga. 1. 

Plaintiff relying on foreign statute for right of action, must plead it: 83 Ga. 
660. 

Statutory exemptions from garnishment have no extraterritorial force per 
se; "reciprocity is comity" : 73 Ga. 338. 

Common law presumed to prevail in another State, unless contrary appears r 
70 Ga. 271; 92/237, 241. 

Law of another State controlling ; courts here governed by construction of 
common law by highest court of such State : 68 Ga. 384. 

Supreme Court not bound by foreign court's interpretation of common law ; 
aliter, as to local statutes : 77 Ga. 203. 

S?' 5732 ' §10. (10.) Waiver of law. Laws made for the preservation of 
public order or good morals cannot be done away with or abrogated 
by any agreement; but a person may waive or renounce what the 
law has established in his favor, when he does not thereby injure 
others or affect the public interest. 

Section construed : 50 Ga. 471. Waiver by not requiring a seal on a receipt r 
57 Ga. 469-473. Cannot waive a law so as to make an experimental case: 59' 
Ga. 11. May waive time as being of the essence of the contract: 60 Ga. 459. 
Homestead waiver: 59 Ga. 558. Homestead waiver good, in a mortgage by 
the husband as against the wife : 61 Ga. 195. Intoxication does not prevent : 
62 Ga. 449. Of jury trial : 62 Ga. 398. Of fraud : 47 Ga. 26. Of amendments r 
47 Ga. 596 ; 60/421 ; 61/483. Constitutional right may be waived : 25 Ga. 37. 
As in case where eminent domain exercised : 30 Ga. 154. May waive any 
right as to service : 39 Ga. 595. Irregularity may be waived, but not complete 
defect: 13 Ga. 217, 218. Cannot waive the pleadings: 56 Ga. 225. Waivers by 
prisoner: 39 Ga. 719; 43/220; 28/576,581; 41/583. 

Failure to object to motion for new trial, for not filing during term, amounts 
to waiver : 76 Ga. 329. 

Where defendant in error, by his acts, waived objection that brief of evi- 
dence not filed in time : 80 Ga. 46. 

In case litigated for several years without objection, too late to object on- 
ground that pleadings not filed in time : 80 Ga. 49. 

Where party may waive irregularities in tax returns,, by pointing out prop- 
erty on which fi. fa. to be levied: 80 Ga. 55. 



15 PRELIMINARY PROVISIONS. §§11-15 

Refusal of telegraph company to pay damage on oral demand, on ground of 
non-liability, waives formal demand in writing: 85 Ga. 425. 

Agent of telegraph company, at station where message sent, competent to 
waive written demand for damage : 85 Ga. 425. 

Stipulation that company not liable unless claim made in sixty days, binds 
sender and receiver, where telegram relates to business of both : 90 Ga. 254. 
See 86 Ga. 104 ; 94/339 ; 85/425. 

Where motion argued and granted, propriety of remedy waived : 65 Ga. 252. 

Consent judgment at first term, good as to parties, but not against third 
persons : 68 Ga. 518. 

Act barring right as well as remedy must be pleaded, otherwise it is waived : 
72 Ga. 331. 

Not applicable to general waiver of laborer's exemption from garnishment ; 
75 Ga. 471. 

Demand, as a condition to trial by jury, constitutional: 86 Ga. 652. 

§11. (11.) Local laws. If there is a- law in force at the time of^ 5935 - 
the adoption of this Code, having entirely a local application, such 
local law is not repealed by this Code, unless so expressly declared. 

§12. (12.) Bonds of public officers. All bonds taken from public ^cts_i853-4, 
officers shall be kept in the places specified by law, and copies ^f^'f^ 
thereof shall be furnished to any person desiring them. Suits 243.5345/ 
thereon may be brought by any person aggrieved by the official 
misconduct of the officer, in his own name, in any court having 
jurisdiction thereof, without an order for that purpose. 

Where sheriff neglects to serve process and make return thereof : 62 Ga. 
168. Formerly order necessary to sue on sheriff's bond : 15 Ga. 159. Where 
order to sue on sheriff's bond was correct: 15 Ga. 433. 

For illegal removal of stranger to writ of possession, sheriff liable; no re- 
covery against sheriff needed before suit on his bond : 81 Ga. 716. 

§13. (13.) Bonds taken by officers. All bonds taken by public ^f^P'. 
officers, under the laws of this State, shall be returned to the offices p 98,243 " 
specified by law; and any person interested therein may bring suit 
thereon, in his own name, in any court having jurisdiction thereof. 

Plaintiff in execution could sue in own name on claim forthcoming bond : 
75 Ga. 529. 

Usee is real party plaintiff in suit on claim forthcoming bond : 77 Ga. 656. 

§14. (14.) Inspection of public books . All books kept by any pub- ^J^S'ibe 
lie officer under the laws of this State, shall be subject to the in^' 269 - 
spection of all the citizens of this State, within office hours, every 
day except Sundays and holidays. 

But private citizen cannot make abstract of record, when : 51 Ga. 393. 

§15. Licenses revocable. Where, in the exercise of the police power, |£ Jjjj^U* 
a license is issued, the same is not a contract, but only a permission ^ 734 ' 268 \ 
to enjoy the privilege for the time specified, on the terms stated. It 
may be abrogated. 



15 PRELIMINARY PROVISIONS. 16 

General Note. — As to when law takes effect {section 3, Code of 1882). — Where 
no time fixed, it takes effect from its passage: 8 Ga. 380. Retrospective laws, 
registry of marriage settlements: 16 Ga. 102. Where there is a penalty, takes 
effect after being duly published: 34 Ga. 270. Law, prior to the Code, took 
effect from the date of its passage : 36 Ga. 538. 

As to abolishing county court: 70 Ga. 547. 

When act passes both houses and is approved by Governor, publication com- 
plete ; in absence of enrolled act, printed act looked to, but former authorita- 
tive : 79 Ga. 718. Special note of city ordinance unnecessary to bind railroad 
and employees : 87 Ga. 386. 



THE POLITICAL CODE. 



THE POLITICAL AND PUBLIC ORGANIZATION 

OF THE STATE. 



FIEST TITLE. 

Divisions; Of the Boundary, Sovereignty, and Jurisdiction of 

the State. 



CHAPTER 1. 

THE BOUNDARY OF THE STATE. 

§16. (15.) Boundaries of the State. The boundaries of Georgia, as Act nss, 

o \ / J _ o ' Cobb, 150. 

deduced from the Constitution of Georgia, the Convention of Beau- 
fort, the Articles of Cession and Agreement entered into on the 
24th of April, 1802, the Resolution of the General Assembly of De- 
cember 8th, 1826, and the adjudications and compromises affecting 
Alabama and Florida, are as follows : 

From the sea, or the mouth of the river Savannah, along theWatkms's 
stream thereof to the fork or confluence made by the rivers Keowee 713-762. 
and Tugalo, and thence along said river Tugalo until the fork or 
confluence made by said Tugalo and the river Chattooga, and up and 
along the same to the point where it touches the northern boundary 
line of South Carolina and the southern boundary line of North 
Carolina, which is at a point on the thirty-fifth parallel of north 
latitude, reserving all the islands in said rivers Savannah, Tugalo, 
and Chattooga, to Georgia; thence on said line of said thirty-fifth 
parallel, from said point of intersection, and on and along said line 
west, to a point where it merges into and becomes the northern 
boundary line of Alabama — it being the point fixed by the survey of 
the State of Georgia, and known as Nickajack; thence in a direct 
line to the great bend of the Chattahoochee river, called Miller's 
2 



§§ 17-21 



FIRST TITLE.— CHAPTER 2. 



18 



The sovereignty and jurisdiction of the State. 



Acts 1887, 
p. 122. 



Acts 1887, 
p. 105. 



Acts 1889, 
p. 121. 



Acts 1859, 
p. 23. 



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 high-water mark, to its junction with Flint river; 
thence along a certain line of survey made by Gustavus J. Orr, a 
surveyor, on the part of Georgia, and W. Whitner, a surveyor on the 
part of Florida, beginning at a fore-and-aft tree, about four chains 
below the present junction; thence along this line east, to a point 
designated thirty-seven links north 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 beginning; including all the lands, waters, 
islands, and jurisdictional rights within said limits, and also all the 
islands within twenty marine leagues of the seacoast. 

§17. (16.) Line betioeen Georgia and South Carolina. The bound- 
ary between Georgia and South Carolina shall be the line described 
as running from the mouth of the river Savannah, up said river and 
the rivers Tugalo and Chattooga, to the point where the last-named 
river intersects with the thirty-fifth parallel of north latitude, con- 
forming as much as possible to the line agreed on by the commis- 
sioners of said State at Beaufort on the 28th of April, 1787. 

§18. (17.) Line between Georgia, North Carolina, and Tennessee. The 
boundary between Georgia and North Carolina and Georgia and 
Tennessee shall be the line described as the thirty-fifth parallel of 
north latitude, from the point of its intersection by the river Chat- 
tooga, west to the place called Nickajack. 

§19. (18.) Line between Georgia and Alabama. The boundary line 
between Georgia and Alabama shall be the line described from Nick- 
ajack to Miller's Bend on the Chattahoochee, and down said river 
to its junction with the Flint. 

§20. (19.) Line between Georgia and Florida. The boundary line 
between Georgia and Florida shall be the line described from the 
junction of the Flint and Chattahoochee rivers to the point thirty- 
seven links north of Ellicott's Mound, on the St. Mary's river; 
thence down said river to the Atlantic ocean. 



CHAPTER 2. 

THE SOVEREIGNTY AND JURISDICTION OF THE STATE. 



$$5699, 25. §21 . (20. ) Sovereignty and jurisdiction. The sovereignty and juris- 
diction of this State extend to all places within the limits of her 
boundaries, except so far as she has voluntarily ceded the same to 
the United States, or adjacent States, over particular localities. 



19 FIRST TITLE.— CHAPTER 2. §§ 22-24 



The sovereignty and jurisdiction of the State. 



Mechanic's lien enforced against property of foreign corporations within the 
State, for work thereon : 65 Ga. 496. 

§22. (21.) As to persons. The jurisdiction of this State and its ^^Ito'o- 954, 
laws extend to all persons while within its limits, whether as citi- 5702 - 
zens, denizens, or temporary sojourners. 

Only parties here made and served are concluded by the judgments: 5 Ga. 
497; 8/83. As to non-residents, must have possession of person or property: 
19 Ga. 277. A non-resident passing through the State can be sued here : 18 
Ga. 690. The person must be here or have property here, to confer jurisdic- 
tion : 25 Ga. 473; 30/440. Appearing and answering to a suit waives jurisdic- 
tion : 31 Ga. 140. When foreign administrator not suable here : 34 Ga. 511- 
519; 56/328. Tribunal first obtaining jurisdiction retains it, as between State 
and United States courts : 40 Ga. 362. Sovereignty united with domain estab- 
lishes exclusive jurisdiction of State as to crimes: 13 Ga. 97. 

See notes to section 4954. 

§23. (22.) Governor must defend suits, when. When any suit is in-$$i36, 126. 
stituted against the State, or against any person, in the result of 
which the State has an interest, under pretense of any claim incon- 
sistent with its sovereignty, jurisdiction or rights, the Governor 
shall, in his discretion, provide for the defense of such suit, unless 
otherwise specially provided for. 

State not sued without her consent ; did it apply to the Western and Atlan- 
tic Railroad ? 23 Ga. 436-438. Same rule as to Georgia Military Institute : 31 
Ga. 277. Western and Atlantic Railroad cannot be garnisheed : 37 Ga. 240. 
State cannot be sued without the Governor's consent: 25 Ga. 374. When the 
State is not properly made a party to a suit : 43 Ga. 605. The State must con- 
sent to be made a party to a suit : 45 Ga. 365. 

Attorney-general's appearance by demurrer for sheriff, in suit to enjoin 
enforcement of Governor's ,/L fa. against treasurer, etc., sufficient representa- 
tion of Governor : 66 Ga. 408. 

Courts restricted to stipulations of resolution of General Assembly author- 
izing suit against State : 66 Ga. 673. 

§24. (22 a.) Trial of cases when State is party . The judges of theS 19 ? - 
superior court and of the Supreme Court in this State, where cases p- io*. 
are pending in said courts in which the State is a "party plaintiff" 
in civil cases, shall give preference over any and all cases so pending 
to such cases, and use all the power vested in them by law to bring 
such cases to a speedy trial; and shall, whenever required so to do 
by counsel for the State, take up said cases for trial, and proceed to 
try the same, unless the defendant can show some good cause for 
continuance, when the case shall be continued to a future time in 
the same term, or to the next term, in the discretion of the court: 
Provided, nothing in this section contained shall affect the right of 
the State to continuance on a proper showing. 



§§25-28 FIRST TITLE .—CHAPTER 3. 20 

Jurisdiction ceded to the United States over certain land. 

CHAPTER 3. 

JURISDICTION CEDED TO THE UNITED STATES OVER CERTAIN LAND. 

Acts 1890-1, §25. Cession to United States of land for public buildings. The juris- 
$$21, 5974 diction of the State is ceded to the United States of America in such 

(16). 

land, not to exceed one acre in any one tract, that may be purchased 
in this State, upon which to erect public buildings. The State of 
Georgia so far retains a concurrent jurisdiction with the United 
States, that all civil and criminal process issued under the authority 
of this State may be executed therein, in like manner as if this 
section were not of force. The State retains its civil and criminal 
jurisdiction over persons and citizens in said ceded territory, as over 
other persons and citizens in this State. Nothing herein shall in- 
terfere with the jurisdiction of the United States over any matter or 
subjects set out in the Acts of Congress donating money for the 
erection of public buildings for the transaction of its business in this 
State; or with any laws, rules or regulations that Congress may 
hereafter adopt for the preservation and protection of its property 
and rights in said ceded territory, and the proper maintenance of 
good order therein: Provided, such cession shall not take effect un- 
til the United States shall have acquired title to said lands. 
Act ii9 882 " 3, §^. Lands condemned for United States lighthouses, etc. The agent 
(i6? 5, 5974 °^ ^ ne United States, and the mayor of any incorporate city, in the 
county in which it is proposed to erect lighthouses, beacons or range- 
lights, or any other structure designed to assist the navigation of 
the waters of this State, authorized by the government of the United 
States, shall mark out, by metes and bounds, the land necessary to 
be taken, and advise the respective owners thereof. If the agent of 
the United States and the owners cannot agree upon the compensa- 
tion to be paid for taking the land, the Governor shall appoint one 
person and the owner of the land another, and these two shall select 
a third person, who shall constitute a commission to assess the just 
and adequate compensation to be paid, according to the general 
method of condemning land in this Code provided. 

Oobbtik. §27. (23.) Coast-surveyors. Any person employed under the Act 
of the Congress of the United States, providing for a survey of the 
coasts, may enter upon lands and clear or cut timber within this 
State upon the same, for any purpose legitimately connected with 
and requisite to effect the said object: Provided, no unnecessary in- 
jury be done thereby, and all damages to the owner of the land be 
promptly paid. 

§28. (24.) Damage to landowners. If the parties representing the 
government of the United States, and the owner or possessor of the 



21 



FIRST TITLE.— CHAPTER 4. 



29 



Counties. 



land so entered upon, cannot agree upon the amounts to be paid for 
the same, the damages shall be assessed as in this Code provided. 



CHAPTER 4. 

COUNTIES. 

829. (28.) Names of counties. The State is divided into one hun- «gg"g*. 

° v ' J t 5745-5748. 

dred and thirty-seven counties, whose boundaries and limits shall be Cobb < .. 

•' 7 t pp. 1144- 

ascertained by the several acts laying off the same, and those amend- 121 °- 
atory thereof. The names of the counties are as follows: 



COUNTY. 


ORGANIZED UNDER ACT. 


MADE FROM. 


Appling, 


December 15, 1818. 


Appling. 


Baker, 


December 12, 1825. 


Early. 


Baldwin, 


May 11, 1803. 


Baldwin. 


Banks, 


December 11, 1858. 


Habersham and Franklin. 


Bartow, 


j December 3, 1832, ) 
I December 6, 1861. ) 


Murray. 


Berrien, 


February 25, 1856. 


Irwin, Lowndes, and Coffee. 


Bibb, 


December 9, 1822. 


Monroe. 


Brooks, 


December 11, 1858. 


Lowndes and Thomas. 


Bryan, 


December 19, 1793. 


Bryan. 


Bulloch, 


February 8, 1796. 


Bulloch. 


Burke, 


{ Constitution of ) 
I Georgia, 1777. ) 


Parish of St. George. 


Butts, 


December 24, 1825. 


Henry and Monroe. 


Calhoun, 


February 20, 1854. 


Early and Baker. 


Camden, 


( Constitution of ) 
} Georgia, 1777, ) 


j St. Thomas's and St. Mary's 
( Parishes. 


Campbell, 


December 20, 1828. 


j Coweta, Carroll, DeKalb, and 

( Fayette. 


Carroll, 


December 11, 1826. 


Carroll. 


Catoosa, 


December 5, 1853. 


Walker and Whitfield. 


Charlton, 


February 18, 1854. 


Camden. 


Chatham, 


{ Constitution of ) 


{ St. Philip's and Christ Church 


\ Georgia, 1777. ) 


\ Parishes. 


Chattahoochee , 


February 13, 1854. 


Marion and Muscogee. 


Chattooga, 


December 28, 1838. 


Floyd and Walker. 


Cherokee, 


December 26, 1831. 


Cherokee and Campbell. 


Clarke, 


December 5, 1801. 


Jackson. 


Clay, 


February 16, 1854. 


Early and Randolph. 


Clayton, 


November 30, 1858. 


Henry and Fayette. 


Clinch, 


February 14, 1850. 


Ware and Lowndes. 


Cobb, 


December 3, 1832. 


Cherokee. 


Coffee, 


February 9, 1854. 


Clinch, Ware, Telfair, and Irwin. 


Colquitt, 


February 25, 1856. 


Thomas and Lowndes. 


Columbia, 


December 10, 1790. 


Richmond. 


Coweta, 


December 11, 1826. 


Coweta. 


Crawford, 


December 9, 1822. 


Crawford. 


Dade, 


December 25, 1837. 


Walker. 



29 



FIRST TITLE.— CHAPTER 4. 



22 



Counties. 



COUNTY. 



Dawson, 
Decatur, 
DeKalb, 

Dodge, 

Dooly, 

Dougherty, 

Douglas, 

Early, 

Echols, 

Effingham, 

Elbert, 

Emanuel, 

Fannin, 

Fayette, 

Floyd, 

Forsyth, 

Franklin, 

Fulton, 

Gilmer, 

Glascock, 

Glynn, 

Gordon, 

Greene, 

Gwinnett, 

Habersham, 

Hall, 

Hancock, 

Haralson, 

Harris, 

Hart, 

Heard, 

Henry, 

Houston, 

Irwin, 

Jackson, 

Jasper, 

Jefferson, 

Johnson, 

Jones, 

Laurens, 

Lee, 

Liberty, 

Lincoln, 
Lowndes, 
Lumpkin, 
Macon, 



ORGANIZED UNDER ACT. 



December 3, 1857. 
December 8, 1823. 
December 9, 1822. 

October 26, 1870. 

May 15, 1821. 

December 15, 1853. 

October 17, 1870. 

December 15, 1818. 

December 13, 1858. 
Constitution of 
Georgia, 1777. 

December 10, 1790. 

December 10, 1812. 

January 21, 1854. 

May 15, 1821. 

December 3, 1832. 

December 3, 1832. 

February 25, 1784. 

December 20, 1853. 

December 3, 1832. 

December 19, 1857. 
Constitution of 
Georgia, 1777. 

February 13, 1850. 

February 3, 1786. 

December 15, 1818. 

December 15, 1818. 

December 15, 1818. 

December 17, 1793. 

January 26, 1856. 

December 14, 1827. 

December 7, 1853. 

December 22, 1830. 

May 15, 1821. 

May 15, 1821. 

December 15, 1818. 

February 11, 1796. 

{ December 10, 1807. 
I December 10, 1812. 

February 20, 1796. 
December 11, 1858. 

December 10, 1807. 

December 10, 1807. 

December 11, 1826. 
Constitution of 
Georgia, 1777. 

February 20, 1796. 

December 23, 1825. 

December 3, 1832. 

December 14, 1837. 



MADE FROM. 



Lumpkin and Gilmer. 

Early. 

Henry. 

Pulaski, Telfair, and Montgom- 
ery. 

Dooly. 

Baker. 

Campbell and Carroll. 

Early. 

Lowndes and Clinch. 

Parishes of St. Matthew and 
St. Philip. 

Wilkes. 

Montgomery and Bulloch. 

Gilmer and Union. 

Fayette. 

Cherokee. 

Cherokee. 

Franklin. 

DeKalb. 

Cherokee. 

Warren. 

j Parishes of St. David and St. 
( Patrick. 

Floyd and Cass. 

Washington. 

Gwinnett. 

Habersham. 

Hall. 

Washington. 

Polk and Carroll. 

Muscogee and Troup. 

Franklin and Elbert. 

Carroll, Troup, and Coweta. 

Henry. 

Houston. 

Irwin. 

Franklin. 

Baldwin. 

Burke and Warren. 

Laurens, Emanuel, and Wash- 
ington. 
Baldwin. 

Washington and Wilkinson. 
Lee. 

Parishes of St. John, St. An- 
drew, and St. James. 
Wilkes. 
Irwin. 
Cherokee. 
Houston and Marion. 



23 



FIRST TITLE.— CHAPTER 4. 



§29 



Counties. 



COUNTY. 


ORGANIZED UNDER ACT. 


MADE FROM. 


Madison, 


December 11, 1811. 


{ Oglethorpe, Jackson, Clarke, 
( Franklin, and Elbert. 


Marion, 


December 14, 1827. 


Muscogee and Lee. 


McDuffie, 


October 18, 1870. 


Columbia and Warren. 


Mcintosh, 


December 19, 1793. 


Liberty. 


Meriwether, 


December 14, 1827. 


Troup. 


Miller, 


February 26, 1856. 


Baker and Early. 


Milton, 


December 18, 1857. 


Cherokee, Cobb, and Forsyth. 


Mitchell, 


December 21, 1857. 


Baker. 


Monroe, 


May 15, 1821. 


Monroe. 


Montgomery, 


December 19, 1793. 


Washington. 


Morgan , 


December 10, 1807. 


Baldwin. 


Murray, 


December 3, 1832. 


Cherokee. 


Muscogee, 


December 11, 1826. 


Muscogee. 


Newton, 


December 24, 1821. 


Henry, Jasper, and Walton. 


Oconee, 


February 25, 1875. 


Clarke. 


Oglethorpe, 


December 19, 1793. 


Oglethorpe. 


Paulding, 


December 3, 1832. 


Cherokee. 


Pickens, 


December 5, 1853. 


Cherokee and Gilmer. 


Pierce, 


December 18, 1857. 


Ware and Appling. 


Pike, 


December 9, 1822. 


Monroe. 


Polk, 


December 20, 1851. 


Paulding and Floyd. 


Pulaski, 


December 13, 1808. 


Laurens. 


Putnam, 


December 10, 1807. 


Baldwin. 


Quitman, 


December 10, 1858. 


Randolph and Stewart. 


Rabun, 


December 21, 1819. 


Rabun. 


Randolph, 


December 20, 1828. 


Lee. • 


Richmond, 


{ Constitution of ) 
I Georgia, 1777. ) 


Parish of St. Paul. 


Rockdale, 


October 18, 1870. 


Newton and Henry. 


Schley, 


December 22, 1857. 


Marion and Sumter. 


Screven, 


December 14, 1793. 


Burke and Effingham. 


Spalding, 


December 20, 1851. 


Pike, Henry, and Fayette. 


Stewart, 


December 23, 1830. 


Randolph. 


Sumter, 


December 26, 1831. 


Lee. 


Talbot, 


December 14, 1827. 


Muscogee. 


Taliaferro, 


December 24, 1825. 


{ Wilkes, Greene, Oglethorpe, 
\ Warren, and Hancock. 






Tattnall, 


December 5, 1801. 


Montgomery. 


Taylor, 


January 15, 1852. 


Talbot, Macon, and Marion. 


Telfair, 


December 10, 1807. 


Wilkinson. 


Terrell, 


February 16, 1856. 


Lee and Randolph. 


Thomas, 


December 23, 1825. 


Decatur and Irwin. 


Towns, 


March 6, 1856. 


Union. 


Troup, 


December 11, 1826. 


Troup. 


Twiggs, 


December 14, 1809. 


Wilkinson. 


Union, 


December 3, 1832. 


Cherokee. 


Upson , 


December 15, 1824. 


Crawford and Pike. 


Walker, 


December 18, 1833. 


Murray. 


Walton, 


December 15, 1818. 


Walton. 


Ware, 


December 15, 1824. 


Irwin. 



§§30,31 



FIRST TITLE.— CHAPTER 5. 



24 



Congressional districts. 



$$34. 60. 



COUNTY. 


ORGANIZED UNDER ACT. 


MADE PROM. 


Warren , 


December 19, 1793. 




Warren. 


Washington, 


December 25, 1784. 




Washington. 


Wayne, 


May 11, 1803. 




Wayne and Appling. 


Webster, 


j December 16, 1853, 
I February 21, 1856. 


1 


Lee. 


White, 


December 22, 1857. 




Habersham. 


Whitfield, 


December 30, 1851. 




Murray. 


Wilcox, 


December 22, 1857. 




Irwin, Dooly, and Pulaski. 


Wilkes, 


( Constitution of 
\ Georgia, 1777. 


\ 


Wilkes. 


Wilkinson, 


May 11, 1803. 




Wilkinson. 


Worth. 


December 20, 1853. 




Dooly and Irwin. 



§30. (35.) Counties divided by water. Whenever a stream of water 
is the boundary of a county, the jurisdiction of the county shall ex- 
tend to the center of the main channel of such stream. 

General Note. — Where new county organized, cases transferred. — Ejectment 
suit, records moved to the new county: 18 Ga. 719. DeKalb county claimed 
costs from fines, etc., in Fulton county, before the county was divided: 26 
Ga. 328. Transfer of a case about a will from Henry to Spalding county: 27 
Ga. 633. Lost court papers established before transfer of case to the new 
county: 30 Ga. 703. Land in suit, cut off in a new county : 43 Ga. 535. 



CHAPTER 5. 



Acts 1890-1, 
p. 193. 



CONGRESSIONAL DISTRICTS. 

§31. (40.) Congressional districts. The State is divided into eleven 
Congressional districts, each of which is entitled to elect one repre- 
sentative in the Congress of the United States. The districts shall 
be composed of the following counties, respectively: 

First District. — Chatham, Burke, Screven, Emanuel, Bulloch, Ef- 
fingham, Bryan, Tattnall, Liberty, and Mcintosh. 

Second District .^Quitman, Clay, Randolph, Terrell, Calhoun, 
Dougherty, Worth, Early, Baker, Miller, Mitchell, Colquitt, Berrien, 
Decatur, and Thomas. 

Third District. — Stewart, Webster, Sumter, Lee, Dooly, Wilcox, 
Schley, Pulaski, Twiggs, Houston, Macon, Taylor, and Crawford. 

Fourth District. — Muscogee, Marion, Talbot, Harris, Meriwether, 
Troup, Coweta, Heard, Carroll, and Chattahoochee. 

Fifth District. — Fulton, Douglas, Campbell, Clayton, DeKalb, 
Rockdale, Newton, and Walton. 

Sixth District. — Bibb, Baldwin, Jones, Monroe, Upson, Pike, Spald- 
ing, Fayette, Henry, and Butts. 



25 FIRST TITLE.— CHAPTER 5. § 31 

Congressional districts. 

Seventh District. — Haralson, Paulding, Cobb, Polk, Floyd, Bartow, 
Chattooga, Gordon, Walker, Dade, Catoosa, Whitfield, and Murray. 

Eighth District. — Jasper, Putnam, Morgan, Greene, Oconee, Clarke, 
Oglethorpe, Madison, Elbert, Hart, Franklin, and Wilkes. 

Ninth District. — Fannin, Union, Towns, Rabun, Habersham, 
White, Lumpkin, Dawson, Gilmer, Pickens, Cherokee, Forsyth, 
Milton, Gwinnett, Jackson, Hall, and Banks. 

Tenth District . — Richmond, Columbia, Lincoln, Jefferson, Glascock, 
McDuffie, Warren, Taliaferro, Washington, Wilkinson, and Hancock. 

Eleventh District. — Glynn, Johnson, Laurens, Montgomery, Dodge, 
Telfair, Irwin, Coffee, Appling, Wayne, Pierce, Ware, Clinch, Echols, 
Lowndes, Brooks, Charlton, and Camden. 



SECOND TITLE.— CHAPTER 1. 26 

Elections by the people; qualification of voters. 

SECOND TITLE. 

Elections by the People. 



CHAPTER 1. 

QUALIFICATION OF VOTERS. 

$$1541,5787, g32. (1276.) Qualification of voters for members of legislature. The 
qualification of voters for members of the General Assembly is con- 
tained in the following sections of the Constitution of this State, to 
wit: 

1. Every male citizen of the United States (except as hereinafter 
provided), twenty-one years of age, who shall have resided in this 
State one year next preceding the election, and shall have resided six 
months in the county in which he offers to vote, and shall have paid 
all taxes which may hereafter be required of him, and which he may 
have had an opportunity of paying, agreeably to law, except for the 
year of the election, shall be deemed an elector: Provided, that no 
soldier, sailor or marine in the military or naval service of the 
United States, shall acquire the rights of an elector, by reason of 
being stationed on duty in this State; and no person shall vote who, 
if challenged, shall refuse to take the following oath, or affirmation: 
"I do swear (or affirm) that I am twenty-one years of age, have re- 
sided in this State one year, and in this county six months, next pre- 
ceding this election. I have paid all taxes which, since the adoption 
of the present Constitution of this State, have been required of me 
previous to this year, and which I have had an opportunity to pay, 
and I have not voted at this election." 

2. But the following classes of persons shall not be permitted to 
vote: (1) Those who shall have been convicted in any court of com- 
petent jurisdiction of treason against the State, of embezzlement of 
public funds, malfeasance in office, bribery or larceny, or of any 
crime involving moral turpitude, punishable by the laws of this State 
with imprisonment in the penitentiary, unless such person shall have 
been pardoned; (2) idiots and insane persons. 

Legislature may constitutionally provide that voter shall vote only in his 
militia district: 71 Ga. 206. 

Municipal registration law here added no new qualifications to voters, and 
valid: 66 Ga. 217. 

Registration adds no qualification to voters, but only serves to identify 
them as persons qualified to vote : 88 Ga. 699 ; 90/820. 



27 SECOND TITLE.— CHAPTER 2, ARTICLES 1, 2. §§33-36 

Registration of voters; to what elections applicable. Voters book, when to be opened. 

Per diem of election-managers chargeable both for election day and next day 
when needed to complete count : 94 Ga. 680. 

§33. (1277.) Such electors may vote for all other officers. Persons $$5737, 72. 
qualified to vote for members of the General Assembly, and none 
others, are qualified to vote for any other officers, civil or military, 
unless said privilege be enlarged or restricted by the Constitution or 
some special enactment. 

§34. (1281.) Voters transferred from one district or county to another. $$eo,6i,30. 
When any portion of a county is changed from one county or one 
district to another, the persons who would have been qualified to 
vote for members of the General Assembly in the county or district 
from which taken, at the time of any election, shall vote in the 
county or district to which they are removed, and if required to 
swear, the oath may be so qualified as to contain this fact. This 
provision, when applicable, appertains also to military elections. 



CHAPTER 2. 

REGISTRATION OF VOTERS. 



ARTICLE 1. 

TO WHAT ELECTIONS APPLICABLE. 

§35. No person to vote without registering . No person shall be per- Acts 1894, 
mitted to vote in any election in the State for presidential electors, $$5738/1204, 
for members of Congress, for Governor, for State-house officers, for 
members of the General Assembly, for county officers, county com- 
missioners, for justices of the peace, for constables, for members of 
the county board of education, where chosen by the people, nor in 
any other popular election to fill. any other State or county office 
now existing or hereafter created, nor in any State or county elec- 
tion for any purpose whatever, unless such person shall have been 
registered as hereinafter provided. 



ARTICLE 2. 

VOTERS BOOK, WHEN TO BE OPENED. 

§36. Tax-collector to open voters books. On the first day of Jan- Acts 1894, 
uary of each year, the tax-collector of each county in this State $§5737, 46. 
shall open a book or books, to be designated as "voters books," con- 



§§37-40 SECOND TITLE.— CHAPTER 2, ARTICLE 3. 28 

Method of registering on voters book. 

taining, on the first page thereof, or near the first page thereof, the 
following oath, to wit: "I do swear, or affirm, that I am a citizen 
of the United States; that I am twenty-one years of age, or will be 

on the of of this calendar year; that I have resided in this 

State for one year, and in this county for six months, immediately 

preceding the date of this oath, or will have so resided on the 

of of this calendar year; that I have paid all taxes which, since 

the adoption of the Constitution of 1877, have been required of me, 
except taxes for this year, and that I am not disfranchised from vot- 
ing by reason of any offense committed against the laws of the 

State. I further swear, or affirm, that I reside in the district, 

G. M., or in the ward of the city of , at number , on 

street; my age is , my occupation -." 

Acts^i894, gg^ Special periods for keeping books open. In addition to keep- 
ing said voters books open for signatures during the usual hours of 
business daily, from January 1st, as heretofore required, the tax-col- 
lector shall, for a period of thirty days, beginning fifty days prior to 
the first Wednesday in October of 1896, and each second year there- 
after (the same being the dates of the general State elections), keep 
said voters books open for signatures, at his office at the county-site, 
from nine o'clock a. m., to four o'clock p. m., each day, Sundays only 
excepted. And he shall observe the same hours for a similar period of 
thirty days, beginning fifty days prior to the Tuesday next after the 
first Monday in November of 1896, and each second year thereafter 
(the same being the date of Federal elections). 

Acts 1894, sgg. When election held at other time. When an election is to be 

p. 122. ° 

held for any purpose at any time other than the first Wednesday in 
October and the Tuesday next after the first Monday in November, 
the provisions of this Chapter shall apply in all respects. 
Act fi6 894 ' §^' Books to be kept open. Said tax-collector may open as many 
of said voters books as he may deem necessary, and he shall always 
keep one of such voters books open for signatures, at his office at 
the county-site, at any and all times when his office is open for the 
payment of taxes or other business; and he shall also carry with him 
and keep open for signatures one such voters book, in each and all 
of his visits to the several militia districts of his county for the pur- 
pose of collecting taxes. 



ARTICLE 3. 

METHOD OF REGISTERING ON VOTERS BOOK. 



^ t J 1 ^ 89 *« §40. Who may take charge of books and administer oaths. Said tax- 
collector, or any clerk employed by him and authorized by him to 



29 SECOND TITLE.— CHAPTER 2, ARTICLE 3. §§41-46 

Method of registering on voters book. 

receipt for taxes in the usual course of his employment, is hereby- 
empowered to take charge of said voters books, and to administer 
said oath. When the signature of any person is not clearly legible, 
the officer in charge of the voters book shall, at the time the sig- 
nature is made, write out the same in clearly legible letters opposite 
or under said signature. 

§41. Application and method of registering . Any male person desir- A i 5t ^ 894 ' 
ing to be registered as a voter, may apply to the tax-collector, or his 
clerk as above described, and after reading said oath, or having same 
read to him, shall subscribe the same by signing his name in said 
voters book, underneath the written or printed oath above described, 
or on some page following the one on which said oath is printed or 
written; a memorandum or entry of the district or ward (giving the 
name of the street, and the number of his residence, if any, his age 
and occupation) in which affiant lives being first made by the officer 
in charge of the book, or by the affiant above the place of signature 
of the affiant. And when affiant is not twenty-one years old at the 
date of taking the oath, a similar entry or memorandum shall, in 
like manner, be made, showing the date in that year when he will 
reach twenty-one; and when the affiant has not resided in the State 
one year or in the county six months at the date of taking the oath, 
a similar entry or memorandum shall be made, showing the date in 
that year when he will have resided in the State one year and in the 
county six months. 

§42. Oath to be read or repeated at request of applicant. Upon re- 
quest of the applicant, the officer in charge of the book shall read or 
repeat said oath distinctly to the applicant, and if the applicant 
cannot sign his name, the said officer shall sign it for him, the ap- 
plicant making his mark thereto. 

§43. Signatures prima facie evidence. The signatures so made in 
said voters books shall be prima facie evidence that the person so 
signing swears, or affirms, the truth of every material fact contained 
in said oath, and also of the said written memoranda or entries pre- 
ceding his signature. 

§44. Race to be noted on book. For the purpose of more easily 
identifying voters, the officers in charge of the voters book shall 
note thereon, in connection with each signature, the race of the per- 
son signing — that is to say, whether white or colored. 

§45. Collector must be satisfied applicant entitled to register. No tax- W37, 72 
collector shall allow any person to sign his name in the voters book 
unless he is satisfied, at the time, that the taxes due by said voter 
are paid, and that he is otherwise qualified. 

§46. Separate printed oath may be used. The tax-collector may use^y, 894 ' 
a separate printed oath for each person, instead of the books herein- $ 36 - 



47-49 SECOND TITLE.— CHAPTER 2, ARTICLE 4. 30 

Lists from voters book and tax defaulters furnished registrars. 

before named; said printed oaths to be pasted into a suitable book, 
from which the list provided for shall be taken. Signing one of 
said separate printed oaths shall be, in all respects, equivalent to 
signing in said "voters books." 



ARTICLE 4. 



LISTS FROM VOTERS BOOK AND TAX DEFAULTERS FURNISHED REGIS- 
TRARS. 

Acts 1894, §47. List to be filed with county registrars. At the end of each 

p. 117. ° a 

period of thirty days and twenty days, said tax-collector shall file 
with the county registrars an accurate and complete list of all the 
names signed in said voters books since January first of that year, 
the names to be arranged in alphabetical order and by militia dis- 
tricts and city wards; and also showing the dates in that year when 
persons will arrive at full age or will have resided in the State and 
county the requisite time, as sworn to in the voters books. And said 
list shall also show the race of each person — that is to say, whether 
white or colored — his age, occupation, and residence. 

§48. List of persons disqualified to be filed. The tax-collector, the 
ordinary, and the clerk of the superior court of each county shall, 
on or before July first of each year, prepare and file with the county 
registrars and tax-collector a complete list, alphabetically arranged, 
of all persons living in the county on January first of that year, who 
are disqualified from voting in that year by reason of non-payment 
of taxes since 1877, or by reason of idiocy, insanity, or conviction of 
a crime whose penalty is disfranchisement, unless such convict has 
been pardoned and the right of suffrage restored to him; and said 
list shall also show the race of each person — that is to say, whether 
white or colored. 
Act ii8 894, §49. Preparation of such list. In preparing said list of disqualified 
persons, the said tax-collector, ordinary, and clerk of the superior 
court shall act upon the best evidence obtainable by them, and they 
shall especially examine and consider the records of the criminal 
courts of the county, the insolvent tax-lists, tax digests, and tax 
execution-dockets and tax executions, wherever they may be. In 
the event that there is a difference of opinion among said three offi- 
cers as to whether any name or names shall be placed on said list of 
disqualified persons, the concurrent votes of any two shall control in 
the matter. 



31 SECOND TITLE.— CHAPTER 2, ARTICLES 5, 6. §§50-54 

County registrars, appointment and oath. List of registered voters, how prepared. 

ARTICLE 5. 

COUNTY REGISTRARS, APPOINTMENT AND OATH. 

§50. Appointment of county registrars. Within thirty days after 
January 1st, 1895, and biennially thereafter, the judge of the supe- 
rior court of each county shall appoint three upright and intelligent 
citizens of said county as county registrars, and have the appoint- 
ment entered on the minutes of the court. Said appointment shall 
be for a term of two years and until their successors are appointed 
and qualified. The said judge shall have the right, however, to re- 
move said registrars at any time in his discretion, with or without 
cause, and at once appoint a successor. 

§51. Board to be bipartisan. Said judge shall not appoint all the 
registrars from any one conflicting political interest or party, and if 
at any time it shall appear that all the registrars are from one con- 
flicting political interest or party, then one of said registrars shall 
at once be removed and a successor appointed, so as to maintain a 
bipartisan board. 

§52. Oath of registrars. Before entering upon his duties each of 
the county registrars shall take the following oath before some officer 
authorized to administer an oath under the laws of this State, to wit: 
"I do solemnly swear that I will faithfully and impartially dis- 
charge, to the best of my ability, the duties imposed upon me by 
law as county registrar." 



ARTICLE 6. 

LIST OF REGISTERED VOTERS, HOW PREPARED. 

§53. Examination of lists by registrars. Fifteen days before the Acts * 894 ' 
October and November elections, and immediately upon receipt of $$47-49. 
the list of names taken from the voters books by the tax-collector, 
the county registrars shall proceed to examine said list and compare 
the same with the list of disqualified persons, prepared and filed by 
the tax-collector, the ordinary, and the clerk of the superior court, 
and shall proceed to make up a list to be known as "registered 
voters," in alphabetical order of names and by militia districts and 
city wards, distinguishing in said lists between the white and col- 
ored voters, said list to show the age, occupation and residence of 
said voters. 

§54. Registered voters. All names appearing on the lists taken Acts ism, 
from the voters books, and not appearing on the list of disqualified 
voters, shall be entered on the list of "registered voters" unless 



§§ 55, 56 SECOND TITLE.— CHAPTER 2, ARTICLE 7. 32 

Hearing before registrars. 

withheld therefrom as hereinafter provided. No name appearing on 
the list of disqualified voters shall be entered on the list of registered 
voters, unless placed thereon as hereinafter provided. A name ap- 
pearing on the list taken from the voters books, and not appearing 
on the list of disqualified voters aforesaid, shall be withheld from 
the list of registered voters when the county registrars are convinced 
by sufficient legal proof that such person is, in fact, not qualified to 
vote. A name appearing on the list of disqualified voters shall be 
entered on the list of registered voters when said name appears on the 
list taken from the voters books, and when, in addition thereto, the 
county registrars are convinced, by sufficient legal proof, that such 
person was not disqualified, or that his disqualification has been 
removed. No name shall be entered on the list of registered voters 
unless it was signed in the voters books as shown by the list taken 
therefrom. 



ARTICLE 7. 

HEARING BEFORE REGISTRARS. 

Act iil 894 ' §55. Person unlawfully denied right to sign voters book. Any person, 
who, after application, was unlawfully denied the right to sign the 
voters book, may have his name placed upon the list of registered 
voters, upon satisfactory showing made to the registrars that he is 
entitled to be registered. The county registrars shall not be con- 
fined to the evidence furnished by the list of disqualified voters, but 
may have access to the original papers or books from which said lists 
were compiled, and may hear any competent written evidence or 
oral testimony, under oath, concerning the disqualification of any 
person whose name appears on the list taken from the voters books. 
The county registrars may likewise hear any competent written evi- 
dence or oral testimony, under oath, concerning the removal of the 
disqualification of any person whose name appears on the list of dis- 
qualified voters. The names of all persons who were not of age, or 
who had not resided in the State and county the requisite time at 
the date of signing the oath in the voters books, shall be placed on 
the proper lists prepared for any election occurring after the date 
when such persons reached full age or have resided in the State and 
county the requisite time. 

Act ii9 894 ' §^* Production of books, etc., may be required. For the purpose of 
determining the qualification or disqualification of persons as afore- 
said, the county registrars shall have the power to require the produc- 
tion of books, papers, etc., upon one day's notice, and, upon like 
notice, to subpoena and swear witnesses. If the county registrars 



33 SECOND TITLE.— CHAPTER 2, ARTICLES 8, 9. §§ 57-60 

List of voters furnished election-managers. Ballots, by whom and where cast. 

shall differ among themselves upon any question coming before 
them, the concurrent votes of two of said registrars shall control. 

§57. Service of summons, etc. The sheriff, his deputy, or any law- A ° t ^ 894, 
ful constable of said county may serve all summons, notices, and 
subpoenas, as issued by said county registrars, and receive such com- 
pensation as is customary for like services. 

§58. Disputed right to have name on book placed on list. If the name p. 120. ' 
of any person appears on the voters book whose right to have his 
name placed upon the list of registered voters is questioned by the 
registrars, said registrars shall give said person at least one day's 
notice of the time and place of hearing the question; which notice 
shall be in writing and served upon said person, either personally or 
by leaving the same at his most notorious place of abode. 



ARTICLE 8. 

LIST OF VOTERS FURNISHED ELECTION-MANAGERS. 

§59. Lists to be furnished election-managers. The county registrars Actsisw, 
shall, at or before the hour appointed for opening the polls, place in §§66-78. 
possession of the managers of the election at each voting precinct in 
the county one or more printed or clearly written copies of the lists 
of registered voters for such militia district or city ward in which 
the voting precinct is situated, said lists to contain all the informa- 
tion hereinafter provided for; and the county registrars shall, in 
like manner, place in possession of the election-managers of the 
voting precinct at the court-house, at the county-site, proper lists 
for each militia district, the voting precinct of which is situated out- 
side of an incorporated town. Said lists of registered voters shall 
be duly authenticated by the signature of two of said county regis- 
trars. 



ARTICLE 9. 

BALLOTS, BY WHOM AND WHERE CAST. 

§60. No one may vote whose name not on list. All persons whose Actsi894, 
names appear on the list of registered voters placed in possession of »»*iW.(i). 
the election-managers, and no others shall be allowed to deposit 
their ballots according to law, at the voting precinct of the militia 
district or city ward in which they are registered, but not elsewhere, 
except as hereinafter provided. If in any city ward or militia dis- 
trict a voting precinct is not established and opened, the county 
3 



§§ 61-63 SECOND TITLE.— CHAPTER 2, ARTICLES 10, 11. 34 

Lists returned by managers. Payment of tax-collectors, registrars, etc. 

registrars shall furnish to the election- managers at the voting pre- 
cinct at the court-house, at the county-site, the lists of registered 
voters of such ward or militia district, and persons whose names ap- 
pear on such lists shall be allowed to vote at the voting precinct at 
the court-house, at the county-site, under the same rules that would 
have governed if a voting precinct had been established and opened 
in said ward or militia district. 
A p Ct i2o 894, §61- Oath to be taken in such cases. If any person shall offer to vote 
$ 72(4) - at the precinct at the court-house, at the county-site, whose name 
does not appear on the lists for that ward or militia district, but 
does appear on the lists for one of the militia districts in which 
the voting precinct is situated outside of an incorporated town, such 
person shall be allowed to vote at the court-house, at the county- 
site, upon taking the following oath, to be administered by one of 
the managers: "I swear, or affirm, that I have not voted else- 
where in this election." 



ARTICLE 10. 

LISTS RETURNED BY MANAGERS. 

Acts 1894, §62. Return of lists by election-managers. The managers of the elec- 
§72 (12). tions at the different precincts shall return the lists of registered 
voters to the clerk of the superior court, by which officer said lists 
shall be kept open for public inspection, and by said officer placed 
with the foreman of the next grand jury for such action as may be 
deemed proper by the grand jury. Said list is not to be placed with 
said clerk until after examination by the board of consolidation. 



ARTICLE 11. 

PAYMENT OF TAX-COLLECTORS, REGISTRARS, ETC. 

Acts^^, ggg^ Compensation. For each name signed in the voters books, 
$§5892, 5402. ^- ne tax-collector shall receive the sum of five cents. For each 
name on the list of disqualified voters, the tax-collector, ordinary, 
and clerk of the superior court shall each receive the sum of one and 
one-half cents. For each day the county registrars may be actually 
engaged in the discharge of their duties, they shall each receive the 
sum of two dollars. All of said sums are to be paid out of the county 
treasury as other county bills are paid: Provided, however, that the 
county commissioners of any county shall have the power to fix a dif- 
ferent compensation for the above-named officers in their respective 



35 SECOND TITLE.— ART. 12. CHAP. 3, ART. 1. §§64-66 

Inspection of lists and books. Elections for members of the General Assembly ; managers, oath, etc. 

counties; and in counties having no county commissioners, such 
power to change the compensatioD herein provided shall belong to 
that officer or officers exercising the power usually vested in county 
commissioners. The cost of the voters books and of printing the 
lists provided for shall be paid out of the county treasury as other 
county bills are paid. . 



ARTICLE 12. 

INSPECTION OF LISTS AND BOOKS. 

§64. Inspection of books, etc. Said voters books and lists taken Acts 1894, 
therefrom, said lists of disqualified persons, said lists of regis- Sin- 
tered voters, shall be at all times open to reasonable inspection of 
any citizen of the county, but shall not be removed for such inspec- 
tion from the custody of the ordinary or other officer in charge. At 
the end of each year the tax-collector shall file all said voters books 
in the office of the ordinary of the county, and the county registrars 
shall also file, at the end of each year, in the office of the ordinary, 
certified copies of the lists of registered voters prepared for each 
election. 

§65. Proceedings of registrars to be public . All the duties herein re- ^fgjf 94 ' 
quired of the county registrars and all hearing of evidence upon the 
qualifications of voters shall be discharged and had in public. 

General Note. — Registration adds no new qualifications to voters: 66 Ga. 
217 ; 90/820 ; 88/699. 



CHAPTER 3. 

ELECTIONS FOR MEMBERS OF THE GENERAL ASSEMBLY. 



ARTICLE 1. 

MANAGERS OF ELECTION; QUALIFICATIONS AND OATH. 

§66. (1282.) Superintendents of elections for members of the legisla- Acts isso-i, 
ture. The persons qualified to hold such elections are ordinaries, $$80,96,104. 
justices of the peace, and freeholders. There must be three super- 
intendents, and one must either be an ordinary or a justice of the 
peace, except in a certain contingency hereinafter to be set forth. 
Persons who cannot read and write shall not be competent to serve 
as managers of elections in this State, 



§§ 67-70 SECOND TITLE.— CHAPTER 3, ARTICLES 2, 3. 36 

Election precincts. Elections; when, where, and how held. 

Election held by three persons, one of whom is neither an ordinary, justice 
of the peace, nor freeholder, invalid : 78 Ga. 165. 

$102. g^ (1283.) Superintendents to take oath. Before proceeding with 

the election, each superintendent must take and subscribe the fol- 
lowing oath: "All and each of us do swear that we will faithfully 
superintend this day's election; that we are ordinaries, justices of 
the peace, or freeholders (as the case may be) of this county; that 
we will make a just and true return thereof, and not knowingly per- 
mit any one to vote unless we believe he is entitled to do so accord- 
ing 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 called 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 by 
abbreviation. 

§68. (1284.) Oath of superintendent, before whom taken. Said oath 
shall be taken before some officer qualified to administer an oath, if 
present, and if none such are on the spot and acting at the time re- 
quired, then said superintendents may swear each other, and the 
oath shall be of the same effect as if taken before a qualified officer. 



ARTICLE 2. 

ELECTION PRECINCTS. 

Actios, geg. (1285.) Election precincts. Such elections shall be held at the 
4238°(4} court-houses of the respective counties, and if no court-house, at some 
60,6i. place within the limits of the county-site, and at the several election 
precincts thereof, if any established or to be established. Said pre- 
cincts must not exceed one in each militia district, except in militia 
districts lying in whole or in part in incorporated cities, towns and 
villages, in which militia districts as many precincts may be estab- 
lished as may be necessary and convenient for the holding of such 
elections. Such precincts are established, changed, or abolished by 
the ordinaries at a regular term of their court, descriptions of which 
must be entered on the minutes at the time. 



ARTICLE 3. 

elections; when, where, and how held. 

A p ct 24 1865 * 6 ' §70. ( 1286. ) Elections, how and when held. The day of holding such 

$|575o,6o, elections is the first Wednesday in October, 1880, and biennially 

thereafter, and the time of day for keeping open the elections is 



87 SECOND TITLE.— CHAPTER 3, ARTICLE 8. §§ 71, 72 

Elections; when, where, and how held. 

from seven o'clock a. m., to six o'clock p. m., at the court-house, and 
from eight o'clock a. m., to three o'clock p. m., at the precincts. 

In matters of law, sun time, not standard time, controls: 84 Ga. 159. 

§71. (1287.) Three freeholders may superintend election. If by ten 
o'clock a. m., on the day of election, there is no proper officer pres- 
ent to hold the election, or there is one and he refuses, three free- 
holders may superintend the election, and shall administer the oath 
required to each other, which shall be of the same effect as if taken 
by a qualified officer. 

In matters of law, sun time, not standard time, controls: 84 Ga. 159. 

§72. (1288.) Manner of conducting elections. All superintendents 
shall have such elections conducted in the following manner: 

1. Ballot. The vote shall be given by ballot. S 60 - 

2. Superintendents and clerks. There shall be kept by the superin- 
tendents, or by three clerks under their appointment, three lists of 
the names of voters, which shall be numbered in the order of their 
voting, and also three tally-sheets. 

3. Ballots marked. As each ballot is received, the number of the 
voter on the list shall be marked on his ballot before being deposited 
in the box. 

4. Challenge. When any voter is challenged and sworn, it shall be$ 61 - 
so written opposite his name on the list, and also on his ballot. 

5. Preservation of order. In order to promote the more efficient Act | 3 1869 ' 
preservation of peace and good order on all days of election in this 
State, the managers of elections shall be authorized to employ, when 
deemed necessary, a sufficient number of temporary police, whose 

duty it shall be to guarantee all legal voters, irrespective of race or 
color, the free exercise of the right of franchise: Provided, that this 
provision shall not refer to cities and towns having a legalized police 
force. 

6. Count, when to begin. The superintendents may begin to count 
the votes at any time in their discretion, but they shall not do so 
until the polls are closed, if a candidate in person, or by written 
authority, objects. 

7. Tally-sheet. When the votes are all counted out, there must be 
a certificate, signed by all of the superintendents, stating the number 
of votes each person voted for received; and each list of voters and 
tally-sheet must have placed thereon the signature of the superin- 
tendents. 

8. Tally-sheet sent to county-site. The superintendents of the pre- 
cincts must send their certificates, and all other papers of the elec- 
tion, including the ballots, under the seal, to the county-site for 
consolidation, in charge of one of their number, which must be de- 
livered there by twelve o'clock m., of the next day. Such person is 



72 SECOND TITLE.— CHAPTER 8, ARTICLE 8. 38 

Elections; when, where, and how held. 



allowed two dollars, to be paid out of the county treasury, for such 
service. 

Managers of election shall consolidate the vote; applied to "fence or no 
fence" election: 71 Ga. 210. 

$$5743,81. 9, Consolidation and returns to Governor. 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, and at least one 
from each precinct. They shall make and subscribe two certificates, 
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, mailed 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 by the superintendents at the 
court-house and precincts. 

$ i85° 7 ' 5809 ' 10. (1299.) Separate consolidation of vote for Governor. At the elec- 
tion for Governor a third package must be made up, containing a 
certificate for 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 by mail to the President of the 
Senate and Speaker of the House of Representatives, and trans- 
mitted to the secretary of State. 

A p Ct iii 874 ' 11- Illegal votes to be rejected. If any voter shall vote who has not 
^ 5 - paid his taxes, and been registered, his vote shall be illegal, and the 

commissioners who consolidate their returns of the election shall 
not count such votes in making out the returns. 
$$5743,62. i2. Ballots not to be examined. The ballots shall not be examined 
by the superintendents or the bystanders, but shall be carefully 
sealed in a strong envelope (the superintendents writing their names 
across the seal), and delivered to the clerk of the superior court, by 
whom they shall be kept unopened and unaltered for sixty days, if 
the next superior 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 ex- 
amining the same, or permitting others to do so. And if the clerk 
shall violate, or permit others to violate this section, he and the 
person violating shall be subject to be indicted. Such clerk shall 
deliver said list of voters to their respective grand juries on the first 
day of the next term of the superior court, and on failure to do so, 
is liable to a fine. 



39 SECOND TITLE.— CHAPTER 3, ARTICLES 4, 5, 6. §§ 73-76 

Penalty for managers' default. Examination of election papers by grand jury. Election blanks. 

ARTICLE 4. 

PENALTY FOR MANAGERS' DEFAULT. 

§73. (1289.) Penalty where superintendents fail. If said superin-$$80(5), 
tendents do not deliver said lists and accompaniments to said clerks 
within three days from the day of the election, they are liable to in- 
dictment. Any superintendent of an election, failing to discharge 
any duty required of him by law, is liable to a like proceeding and 
penalty. 

§74. (1292.) In case superintendents make false return, etc. If the^? (5) ' 
superintendents or officers of such election shall make a fraudulent 
return thereof, or they or either of them, while so officiating, shall 
influence or attempt to influence or persuade any voter not to vote 
as he designed, or shall take any undue means to obtain a vote, they 
shall forfeit for the offense one hundred dollars, to be recovered by 
information, and if the person be a justice, he forfeits his office on 
proceedings for removal. 



ARTICLE 5. 

EXAMINATION OF ELECTION PAPERS BY GRAND JURY. 

§75. (1290.) Grand jury to examine lists . The grand juries shall§^o(4), 
examine said lists, and if any voter is found thereon who was not 
entitled to vote, they shall present said illegal voter. If the super- 
intendents fail to return, as required, the lists and the ballots, they 
must be presented. 



ARTICLE 6. 

ELECTION BLANKS. 

§76. (1291.) Blanks to be furnished by Governor and ordinary . The Act |„ 1895 ' 
Governor shall furnish the several ordinaries all blank forms neces-*fS!i*)» 
sary for said elections, which they shall furnish the justices of the 
peace, or notaries public who are ex officio 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 fine by their courts not exceeding one hun- 
dred dollars. 



§§77-80 SECOND TITLE.— ARTS. 7, 8. CHAP. 4, ART. 1. 40 

Freedom from arrest. Elections to All vacancies. Elections for Governor, etc. ; provisions applying to all. 

ARTICLE 7. 

voters' freedom from arrest. 

$$6739,8857, §77. (1293.) Privileges of an elector. No civil officer shall execute 
any writ or civil process upon the body of any person qualified to 
vote at such elections, while going to, or returning from, or during 
his stay there, on the day, under the penalty of five hundred dollars, 
to be recovered by action. A reasonable and full time shall be al- 
lowed for the journey to and from the polls. Electors shall, in all 
cases except treason, felony, larceny, or breach of the peace, be priv- 
ileged from arrest during their attendance on elections and in going 
to and returning from the same. 



ARTICLE 8. 

ELECTIONS TO FILL VACANCIES. 

$5816. §78. (1295.) Election to fill vacancy for members of legislature, notice. 

Elections to fill vacancies for members of the General Assembly 
take place under the authority of a writ of election, issued by the 
Governor to the ordinary of the county where the vacancy occurs, 
who must order and publish a day for holding the same, by giving 
at least twenty days notice. 

^ 16 '^ 23 , 8 §79. (1296.) Elections to fill vacancies, etc. All the provisions of 

(5), 80(4), ? . 

82. this Chapter apply equally to elections to fill such vacancies and any 

other special elections. 



CHAPTER 4. 



ELECTIONS FOR GOVERNOR, MEMBERS OF CONGRESS, ELECTORS FOR PRESI- 
DENT AND VICE-PRESIDENT, TREASURER, COMPTROLLER-GENERAL, 
ATTORNEY-GENERAL, AND COMMISSIONER OF AGRICULTURE. 



ARTICLE 1. 

PROVISIONS APPLICABLE TO ALL. 

§80. (1297.) Provisions applicable to all elections . The elections for 
the officers heading this Chapter are governed by the same rule as 
elections for members of the General Assembly, in the following 
particulars: 

1, In the oaths to be taken by the voters. 



41 SECOND TITLE.— CHAPTER 4, ARTICLE 2. §§ 81, 82 

For Governor. 

2. In the class of persons to hold the election and the oath to be 
taken by them. 

3. In the places and the time of the day to hold them. 

4. In the manner of conducting and returning them, including all^ 79 ' 75 - 
special elections, and in the duty of the clerks of the superior courts 

and the grand juries. 

5. In the several penalties attached to the superintendent or others- 
persons. 

6. In the furnishing of blanks by the Governor. 

7. In all other respects where applicable, and there is not a con-$ 76 - 
trary provision by law. 



ARTICLE 2. 

FOR GOVERNOR. 



881. (1298.) Governor elected, when. The Governor is elected $K 2 ^» 66 ' 

u v 80, 5ouo- 

biennially, at the same time when members of the General Assem- 5809 - 
bly are regularly elected, and a vacancy in the office is to be rilled 
as required by the Constitution and the regulations of this Code else- 
where in conformity thereto. 

§82. (1301.) Vacancy, how filled. Whenever a vacancy shall occur Acts 1872, 
in the office of Governor by death, resignation, or otherwise, the 1878 {^ 
President of the Senate, or Speaker of the House of Representatives, fe^ 8 ^ 
as the case may be, exercising the executive powers of the govern- 
ment, as provided by the eighth paragraph of the first section of the 
Fifth Article of the Constitution of this State, shall issue his procla- 
mation, immediately upon his assumption of the duties of the Exe- 
cutive, ordering a special election for Governor, to fill the vacancy 
so occasioned, for the unexpired term, to take place at a time not 
less than thirty, nor more than sixty days from the date of such 
proclamation; and shall convoke the General Assembly in extra 
session to receive the returns and declare the result of such special 
election, or to elect a Governor in case no person shall receive a ma- 
jority of the whole number of votes cast at such special election, as 
provided in the Constitution of this State. Said extra session of the 
General Assembly to convene within fifteen days from the date of such 
special election: Provided, nevertheless, that if such vacancy occurs 
within six months next preceding the time prescribed by law for the 
regular election for Governor, there shall be no special election, but 
the President of the Senate, or Speaker of the House of Representa- 
tives, as the case may be, shall exercise the executive powers of the 
government until such vacancy is filled by a regular election. 



§§ 83-89 SECOND TITLE.— CHAPTER 4, ARTICLES 3, 4. 42 

For members of Congress. For presidential electors. 

ARTICLE 3. 

FOR MEMBERS OF CONGRESS. 

Acts 1872, §83. (1305.) Time of electing congressmen. Members of the House 

$$66,5963. of Representatives of the United States Congress shall be elected 
on Tuesday after the first Monday in November of the year 1872, 
and on the same day in every second year thereafter. 

$5816. §&4i. (1306.) Governor must order an election, when. If an extra 

session of Congress should be called after the expiration of the Con- 
gressional term, and before the next regular time for holding such 
elections, the Governor must issue his proclamation ordering an 
election of such representatives for such extra session. 

$5952 §85. (1307.) Candidates must reside one year in district, to be eligible. 

Besides the qualifications required by the Constitution, a residence 
of one year next preceding the day of election in the district where 
the candidate offers, is necessary to make him eligible to election. 

$5816. §86. (1308.) Governor to count up votes, etc. Within twenty days 

after the election the Governor shall count up the votes, and im- 
mediately thereafter issue his proclamation, declaring the person 
having the highest number of votes, and otherwise qualified, to be 
duly elected to represent this State in the House of Representatives 
of the United States, and for what period. 

$5816. §87. (1309.) In case of a tie, new election ordered. If two or more 

persons, equally qualified, should have the same number of votes, 
the Governor shall issue his proclamation, ordering a new election, 
in not less than thirty days. 

$$121,225. ggg^ (1310.) Members elect to apply for commission in thirty days; va- 
cancies. If any person duly elected as aforesaid shall not, within 
thirty days after the Governor's proclamation, apply for his com- 
mission, the Governor shall order a new election, as prescribed in 
the preceding section, and vacancies for any cause are filled in like 
manner. 



ARTICLE 4. 

FOR PRESIDENTIAL ELECTORS. 

$$66,6025. gg9 (1311.) Presidential electors, when chosen. On Tuesday after 
the first Monday in November, 1868, and every fourth year there- 
after, until altered by act of Congress, there shall be an election 
for electors of President and Vice-President of the United States. 



48 SECOND TITLE.— CHAPTER 4, ARTICLE 4, §§ 90-95 

For presidential electors. 

§90. (1312.) Meeting of electors. On the twentieth day after said *g}Jj£2 
election shall have taken place, it is the duty of the Governor to g t e a Y u s t e e ^ 
consolidate the several returns, and immediately notify those per- /JS2"«Sci 
sons of their election who have received a vote amounting to a p^ 67 - „ 

looo, p. oo. 

majority, and to require their attendance at the capitol on the sec-§ 6025 - 
ond Monday in January next following their appointment, to meet 
at 12 m., and give their votes for President and Vice-President of the 
United States, and all acts and proceedings of said electors and 
others officers of this State, relating to the electoral votes thereof, 
shall conform to the Acts of Congress approved February 3d, 1887, 
and October 19th, 1888. 

In matters of law, sun time, not standard time, controls : 84 Ga. 159. 

§91. (1313. ) Proceedings on failure to elect, or in case of vacancy. In 
the event all or a majority of said electors may not have received a 
majority, the Governor shall communicate the fact to the General 
Assembly, if in session, and if not, he shall issue his proclamation 
convening them in time to secure the vote of the State in the elec- 
toral college. The General Assembly shall, by joint ballot, elect as 
many electors as have not received said majority. If a majority of 
electors have been chosen by the people, they may fill the remaining 
vacancies themselves by ballot, which election shall be communi- 
cated to the Governor. If when the electors elected by the people, 
or by the General Assembly, or some by each, convene at the capi- 
tol, any of their number may not be present at the time specified 
for counting the vote, a majority of the elected may fill all vacan- 
cies, which shall be duly communicated to the Governor. 

§92. (1314.) On failure of majority of electors to attend, etc. If a 
majority fail to attend by said Wednesday at noon, from providen- 
tial cause, those who do attend may adjourn from day to day for ten 
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. 

§93. (1315.) Electors shall choose a presiding officer, etc. The elect- 
ors, when assembled to cast the vote, shall choose a president of 
their body from their number, and a secretary not of their number; 
said secretary shall make a record of their proceedings in a book 
from the Executive Department kept for that purpose. 

§94. (1316.) Electors to choose a messenger. Such electors shall 
elect, by a majority vote, a messenger to convey the vote of Geor- 
gia, and shall, in regard to that and all other matters, proceed ac- 
cording to the Acts of Congress in such cases made and provided. 

§95. (1317.) Pay of electors. The pay of electors shall be fifty AutjMBM, 
dollars each for the whole time they are required to remain at the 
capital on their mission, and ten cents for each mile traveled by the 



96-101 



SECOND TITLE .—CHAPTERS 5, 6. 



44 



For ordinary and county officers. For justices of the peace and constables. 

nearest practicable route in going to and returning from the capital; 
the pay of the secretary shall be eight dollars per day for every day 
required in attending the electoral college as secretary thereof; all 
of which is to be either paid out of the contingent fund or out of any 
money in the treasury not otherwise appropriated, in the discretion 
of the Governor. 



CHAPTER 5. 



FOR ORDINARY AND COUNTY OFFICERS. 



$$66, 80, 
5929. 



Acts 1894, 
p. 40. 



Acts 1872, 
p. 82. 



§96. (1318.) General provisions . Section 80 applies to the officers 
whose elections are provided for in this Chapter. 

§97. (1319.) County officers, when elected. All county officers shall 
$$5929, 5737. ^q e i ec ted on the first Wednesday in October of the years in which, 
under the Constitution and laws of this State, elections should be 
held to fill such offices, beginning on the first Wednesday in Octo- 
ber, 1896, for terms beginning in January thereafter. 

Section cited, and a quo warranto decided, as to who should be ordinary of 
Sumter county, in favor of the respondent: 49 Ga. 180. 

§98. (1320.) Official term of county officers. The terms of sheriffs, 
clerks of the superior courts, tax-collectors, tax-receivers, county 
treasurers, county surveyors, and coroners, began on the first day of 
January, 1873, and expired on the first day of January, 1875. And 
all succeeding terms of said officers shall begin on the first day of 
January and expire on the first day of January two years next there- 
after. 

§99. (1321.) Other county elections . The election of any officer not 
mentioned, whose duties are entirely of a county nature, shall be 
elected at the same time, unless otherwise provided for. 

§100. (1322.) Who to give notice of elections. When either of the 
officers mentioned are to be elected, the ordinary shall give 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-house, and also in 
some gazette printed in the county, if any. 



$80. 



$4238(5). 



CHAPTER 6. 



FOR JUSTICES OF THE PEACE AND CONSTABLES. 



Acts 1869, 
p. 22. 



§101. (1323.) Time and place of election of justices of the peace. 
$$4061-4065. j U9 tices of the peace shall be elected on the first Saturday in January , 
1873, and every fourth year thereafter, by the voters of their respective 



45 SECOND TITLE.— CHAPTER 7, ARTICLE 1. §§ 102-107 

Contested elections; in cases where Governor commissions, 

districts: Provided, they have resided in the district as much as thirty 
days immediately preceding the election, and are otherwise qualified. 
The election must be held at the place of holding justices' courts for 
the district; if none, then at the election precinct; if no election 
precinct, then at some place in the district named by the ordinary, 
of which ten days written notice must be given in the district. 

§102. (1324.) W ho shall superintend elections . Such elections shall $ 80 - 
be superintended by three freeholders of the district, who shall take 
the oath required in section 67. 

§103. (1325.) Returns, to whom made. Said superintendents shall ^ 4062 ' 4063 - 
transmit one return of said elections to the Governor and another 
to the clerk of the superior court of the county, who shall keep the 
same on file. The ballots shall be likewise sealed up, and the num- 
ber of the district marked thereon, and delivered to such clerk. 

§104. (1326.) Elections, how governed. The laws governing the elec- ^ 66 ' 80 - 
tions for members of the General Assembly govern in the elections 
of justices of the peace, whenever they may be applied, and are not 
inconsistent with those of this Chapter. 

§105. (1327.) Time of constables' elections, etc. Constables are$ 4083 - 
elected on the same day, month, and place that justices of the peace 
are, and by the same class of voters, once in two years. 

§106. (1328.) Who to preside at constables' elections . Their elections Act f 1893 ' 
are to be conducted in the same manner as those of justices of the ^J 238 ' 66 ' 
peace, with the exception that the returns must be made to the or- 
dinary of the county. 

Where justice of peace acted as presiding officer for but part of day, elec- 
tion illegal : 65 Ga. 260. 



CHAPTER 7. 

CONTESTED ELECTIONS. 



ARTICLE 1. 

IN CASES WHERE GOVERNOR COMMISSIONS. 

§107. Proceedings in contested elections. In all cases when the elec- Act | 2 ^ 893 ' 
tion of a person by the people to any office requiring a commission § 12L 
from the Governor is contested, the following shall- be the proceed- 
ings in all contests arising therefrom: 

1. Notice to Governor to withhold commission. The contestant or his 
attorney shall give written notice to the Governor of an intention to 
contest, and upon receipt of such notice the Governor shall withhold 
the issuing of a commission until the contest is decided, or until the 
time hereinafter prescribed shall have elapsed without the filing of 



107 SECOND TITLE.— CHAPTER 7, ARTICLE 1. 46 

In cases where Governor commissions. 

such contest. In all cases the Governor shall withhold the issuing 
of commissions to persons elected, five days after said election shall 
have been held. 

2. Notice to adverse party . Such contest shall be begun by giving 
the adverse party five days notice in writing, stating the grounds of 
contest, the time and place where the contestant intends to take 
testimony, and the judicial officer before whom the testimony will 
be taken: Provided, for providential cause or other sufficient reason, 
any other judicial officer than that named in the notice, qualified 
to act, may preside at the taking of such testimony, the cause of 
such change being made to appear by the affidavit of the contestant 
and to be made a part of the record in said case. Said notice may 
be served by the sheriff, his deputy, or any constable of the county 
where the contest is pending, who shall be paid by the party cast in 
the contest two dollars for service of notice of contest and fifty 
cents for each subpoena served. 

3. Testimony, how and before whom taken. Any judicial officer of the 
county, where the testimony is taken, may preside, to preserve order, 
to swear witnesses, to see that the testimony is fairly and impartially 
taken and reduced to writing. Said officer shall have power to sub- 
poena witnesses and compel their attendance, if in this State, and to 
issue commission to take testimony of persons out of this State, and 
to adjourn from day to day: Provided, all testimony submitted on 
the part of the contestant shall be taken within thirty days from the 
day of the election contested. The contestee shall be allowed ten 
days after the closing of the contestant's testimony, to submit and 
take testimony in rebuttal or on cross-grounds of contest. The 
judicial officer presiding shall be allowed two dollars per day for his 
services, and the clerk who takes down the testimony two dollars per 
day for his services, which, with the cost of service of notice and 
subpoenas herein provided for, may be enforced by execution issued 
by the judicial officer presiding in said contest against the party cast 
in the contest. 

4. Examination of witnesses. Either party may appear by himself 
or attorney, or both, and cross-examine the witnesses and have 
noted and certified all legal exceptions to the admissibility of testi- 
mony submitted by the opposite party, which exceptions shall be 
passed upon by the court finally determining said contest. 

5. Countercharge by contestee and notice thereof. The contestee may 
file cross-grounds of contest, in which case he shall give like notice 
to the contestant as is required to be given to the contestee, and the 
testimony on such cross-grounds of contest shall be taken after the 
close of contestant's testimony, and within ten days thereafter, in 



47 SECOND TITLE.— CHAPTER 7, ARTICLE 2. §§ 108-110 

Election of member of General Assembly. 



the same manner as is herein prescribed for the taking of testimony 
for the contestant, and certified by the presiding officer as such. 

6. No contest after commission has been issued. No proceedings can $121. 
be begun to contest an election after the Governor has issued the 
commission in such case. 

7. Record, when to be transmitted to judge of superior court. All papers 
and proceedings, or copies of them duly certified by the presiding 
officer, or agreed to by the parties in writing, must be transmitted 
within five days after the closing of the testimony, to the judge of 
the superior court of the circuit wherein the contest may arise, who 
shall hear and determine the same, either in term time or in cham- 
bers, after giving reasonable notice to the parties concerned, or their 
counsel, of the time and place of hearing. 

§108. (1331.) When suspected ballots may be examined. When an ^ ct f 4 1851 " 2 ' 
election is contested on the ground of illegal votes, any of which it jSJ^iJj; 
is claimed, on affidavit, can probably be proven by resort to the bal- 
lots, specifying what ballots, it is the duty of the clerk of the supe- 
rior court to deliver the same, together with the list of voters, to the 
person who presides at the taking of testimony, who shall examine 
said suspected ballots, and none other, and have put down, as part 
of the testimony, their contents, and all other testimony attacking 
and defending their legality. If any clerk of the superior court, who 
by law is intrusted with the ballots of any election, shall fail or re- 
fuse to deliver up such ballots where the same are demanded of him 
in accordance with the laws of this State, where such ballots are re- 
quired as evidence in any contested-election case, such clerk of the 
superior court, so failing or refusing, shall be guilty of a misde- 
meanor. 

§109. (1332.) Illegal votes may be proven, etc. Illegal votes, by the ^ ct ^ 851 " 2 ' 
method aforesaid and otherwise, may be proven by both parties, and^ 75 ' 72(11) ' 
if such are proven on both sides, one shall stand against another, 
and he is elected who has the greatest number of legal votes. All 
are considered legal not proven to be illegal. 

This proceeding, and not a bill in equity, is the proper proceeding to contest 
the election : 58 Ga. 419, 420. Office of the justice of the peace contested by 
a quo warranto after commission had been issued : 63 Ga. 593-596. 



ARTICLE 2. 

ELECTION OF MEMBER OF GENERAL ASSEMBLY. 

§110. (1330.) Proceedings when seat of a member of legislature is con- Acts 1894 < 
tested. The proceedings to contest the seat of a member of the Gren-^ 7 - 
eral Assembly are the same, as stated in the preceding Article, and 



§§ 111, 112 SECOND TITLE.— CHAPTER 7, ARTICLES 3, 4. 48 

Other contested elections. Election not set aside for formal defects, when. 

may be transmitted to the Governor, who shall send the same, im- 
mediately after the organization, to the presiding officer of the house 
where the contest lies, or may be sent direct to such presiding officer. 



ARTICLE 3. 

OTHER CONTESTED ELECTIONS. 

Acts 1893, 8111. Contests in other elections. Whenever any contest arises over 

p. 124. ° . ,; 

an election of any constable, municipal officers, or other officers not 
hereinbefore provided for, the same shall be filed with, heard and 
determined by the ordinary of the county wherein such contest may 
arise, under the same rules and regulations as to the mode of pro- 
cedure as prescribed in contests where commission is issued by the 
Governor. The ordinary shall be entitled to a fee of two dollars per 
day for each day occupied in hearing said contest, to be taxed as 
costs, which may be enforced by execution against the party cast 
in the contest. 

Constitutional for judicial officers to determine election contests ; jury trial 
may be refused : 72 Ga. 812 ; 90/822. 

Judge tries, but not judicial officer: 96 Ga. 280. 
No bill of exceptions to decision : 96 Ga. 280. 



ARTICLE 4. 

ELECTION NOT SET ASIDE FOR FORMAL DEFECTS, WHEN. 

$72. §112. (1334.) Election not void by reason of formal defects. No elec- 

tion shall be defeated for non-compliance with the requirements of 
the law, if held at the proper time and place by persons qualified to 
hold them, if it is not shown that, by that non-compliance, the result 
is different from what it would have been had there been proper com- 
pliance. 

Election held at a place other than that established according to law as an 
election precinct, illegal: 78 Ga. 165. 

Where more than two-thirds of qualified voters voted in favor of measure, 
irregularity in publication not invalidate : 86 Ga. 605. 



49 SECOND TITLE.— CHAPTER 8. §§ 113, 114 

Primary elections. 

CHAPTER 8. 

PRIMARY ELECTIONS. 

§113. Primary elections, how conducted. Every political primary A ^ t | 1 ^ 890 * 1 ' 
election held by any political party, organization or association, for$ 72 - 
the purpose of choosing or selecting candidates for office, or the elec- 
tion of delegates to conventions in this State, shall be presided over 
and conducted in the manner and form prescribed by the rules of 
the political party, organization or association holding such primary 
elections, by managers selected in the manner prescribed by such 
rules. Such managers shall, before entering upon the discharge of 
their duties, each take and subscribe an oath that he "will fairly, 
impartially and honestly conduct the same according to the provi- 
sions of the law providing how primary elections shall be held in 
this State, and in accordance with the laws of this State govern- 
ing regular elections for the offices of this State." Should one or 
more of the managers thus appointed to hold such elections fail to 
appear on the day of election, the remaining manager or managers 
shall appoint others in their stead and administer to them the 
oath herein prescribed. The managers shall take the oath before the 
notary public, or other officer authorized to administer oaths, but if 
no such officer can be conveniently had, the managers may adminis- 
ter the oath to each other. Such oath, after being made and sub- 
scribed, shall be filed in the office of the clerk of the superior court 
of the county in which such primary election shall be held, within 
five days after an election. 

§114. Exhibition of ballot-box. Before any ballots are received at ^^J 890 ' 1, 
such primary elections, and immediately before opening the polls, such ^fe'iM?}), 
manager shall open each ballot-box to be used in such election, and (6) - 
shall exhibit the same publicly, to show that there are no ballots in 
such box. They shall then close and lock or seal up such box, except 
the opening to receive the ballots, and shall not again open the same 
until the close of the election. They shall keep a list of voters vot- 
ing at such election, and shall, before receiving any ballot, adminis- 
ter to the voter an oath, provided such voter's vote is challenged, 
that he is duly qualified to vote according to the rules of the party, 
and according to the election laws of said State, and that he has not 
voted before in such primary election then being held. At the close 
of the election the managers shall proceed publicly to count the votes 
and declare the result. They shall certify the result of such elec- 
tion, and transmit such certificate with the tally-sheet or poll-list, 
together with the ballots cast, and all other papers relating to such 
primary election, within the time prescribed, and to the person or 
4 



§ 115 SECOND TITLE.— CHAPTER 8. 50 



Primary elections. 



persons designated by the rules of the party, organization or asso- 
ciation holding such election. 
Actsi890-i, §115. Tally-sheets. Every such primary election shall be held at 
#72-74. the time and place, and under. the regulations prescribed by the 
rules of the party, organization or association holding the same, 
and the return shall be made and the result declared as prescribed 
in the foregoing section. And the returns of the managers with the 
tally-sheets or poll-list, together with all other papers connected 
with such election, shall all be filed in the office of the clerk of the 
superior court for the county in which such election is held, within 
four days after the final declaration of the result thereof, and shall 
remain there for public inspection. 

Law governing primary elections valid : 91 Ga. 740. 

General Note on Second Title. — Mandamus, election of the clerk of the or- 
dinary on the second Monday in January, 1849, by the old justices, between 
election and qualification of their successors, was valid : 7 Ga. 473. A non» 
resident of a municipal corporation sworn in, having received the highest 
number of votes, and the charter not prohibiting it : 12 Ga. 23. The treasurer 
of Muscogee county is an officer of that county ; mandamus refused : 33 Ga. 332, 
A quo warranto refused to contest the election of a mayor : 63 Ga. 208. As to 
officer of a benevolent society: 61 Ga. 86-91. Requiring the registration of 
voters at a municipal election, is constitutional: 66 Ga. 217; 88/699; 84/630. 



51 THIRD TITLE.— CHAPTER 1, ARTICLES 1, 2. §§ 116-119 



Of the Executive Department; the Governor; inauguration and oath. Commander-in-chief, etc. 



THIED TITLE. 

Of the Executive Department. 



CHAPTER 1. 

THE GOVERNOR. 

ARTICLE 1. 

INAUGURATION AND OATH. 

§116. (49. ) Governor's inauguration. The Governor elect shall begin $$5804, 
the discharge of his duties from the time of his inauguration. The 
ceremony of inauguration shall take place during the first 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, ap- 
points. On failure of appointment, it takes place at twelve o'clock, 
meridian, on Saturday of that week, unless prevented by providen- 
tial causes. 

§117. (50.) His oath, when taken. The oath prescribed by the^ 5813 ' 6012 - 
tenth paragraph of the first section of the Fifth Article of the Consti- 
tution of this State, and the oath to support the Constitution of the 
United States, shall be taken by the Governor elect in the presence 
of the General Assembly. 



ARTICLE 2. 

COMMANDER-IN-CHIEF, DUTY IN CASE OF INSURRECTION. 

■ 

§118. (51.) May call out military . It is the duty of the Governor ^su, 1095. 
to see that the laws are executed. For this purpose he has power, 
as commander-in-chief, to call out the military whenever, in his dis- 
cretion, the due enforcement of the process of the courts is so re- 
sisted and set at defiance as to require such interposition. 

See 66 Ga. 427. 

§119. (52.) In case of insurrection or invasion. In case of invasion §§ 5814 > 1095 - 
or insurrection, the Governor has power to call out all volunteer 
military companies, or the militia, or both, for the defense of the 
State, until such time as the General Assembly meet; and when so 



§§ 120, 121 THIRD TITLE.— CHAPTER 1, ARTICLES 3, 4. 52 

Appointment of commissioner of deeds. Commissions what officers. 

called into action, he has power to make all necessary provision for 
their transportation, accommodation, equipment, and support. 



ARTICLE 3. 

APPOINTMENT OF COMMISSIONER OF DEEDS. 

A §oih 29 m. §120. (59.) May appoint commissioners of deeds. He shall have 
$362i. power to appoint, in other States and Territories of the United 
States, commissioners to take and certify the acknowledgment or 
proof of deeds or other conveyance of property in this State, of dep- 
ositions under commissions or otherwise, of powers of attorney, of 
wills executed by persons devising or bequeathing property within 
the State,, and of other instruments in writing required to beat- 
tested under the laws of this State. 

May take affidavit or administer oath as a magistrate here: 13 Ga. 462. 
Cannot certify to the official character of a foreign officer : 24 Ga. 489. As to 
attesting a mortgage of realty in New York: 46 Ga. 450. 

See notes to section 3621. 



ARTICLE 4. 

COMMISSIONS WHAT OFFICERS. 

$$107,5817. §121. (60.) Must grant commissions. He shall grant commissions 
to all such officers of this State, including senators and representa- 
tives in Congress, as are required to hold them, and in all cases he 
may, in his discretion, issue a dedimus potestatem to such officers as 
are authorized to administer oaths, requiring the qualification of the 
officer elect as provided by law, and to issue to him his commission. 
The forms of all commissions shall be in the discretion of the Gov- 
ernor. Commissions thus issued are final, except where the Consti- 
tution and laws otherwise provide. . 

Dedimus potestatem to ordinary does not authorize him to take a county 
treasurer's bond with the condition that the sureties are not to be bound till 
others sign: 70 Ga. 497. 

Quo warranto will not lie against officer holding under Governor's commis- 
sion : 77 Ga. 544. 

So far as returns alone evidence county election, commission final, where 
no hearing sought before Governor before it issued ; whether returns sent up 
be complete or not : 83 Ga. 180. 



53 THIRD TITLE.— CHAPTER 1, ARTICLE 5. §§ 122-126 

Duty as to property of State. 

ARTICLE 5. 

DUTY AS TO PROPERTY OF STATE. 

§122. (61.) Shall issue grants . He shall issue all grants to lands ^Sk® 219, 
under the laws of this State, but such shall not be conclusive, but 
subject to the investigation of the courts; and whenever such are 
declared by the proper court to have been wrongly issued, it is his 
duty to issue another grant in accordance with such decision, if it so 
requires. 

§123. (62.) Shall supervise public property . He shall have general $m / 
supervision over all property of the State, with power to make all 
necessary regulations for the protection thereof, when not other- 
wise provided for. He must assign rooms in the capitol to all offi- 
cers who must hold their offices there, and, in the absence of any 
legislative provision, designate the purpose for which other rooms 
are to be applied. 

When the Governor can order a suit to be brought : 56 Ga. 485. . 

§124. Insure certain property . The Governor shall keep insured, at A ^ t § J 1882 " 8 ' 
one-half their value, all of the public buildings of the State and li- 
brary, except the State arsenals at Milledgeville and Savannah, the 
penitentiary at Milledgeville, and the buildings of the Western and 
Atlantic Railroad. 

§125. Draw warrant to pay premium. He is authorized to draw his ^ctsa882-3, 
warrant upon the treasury annually for the sum of five thousand 
dollars, or for so much as may be necessary to carry into effect the 
foregoing section. 

§126. (63.) May sue for dues to the State. Whenever the Governor, Acts 3 ^ 7 ^ 
after consulting with the attorney-general, or without, if there is non- 
such officer, shall deem it proper to institute a suit for the recovery 
of a debt due the State or money or property belonging to the State, 
he is authorized and required to institute such suit in the proper 
court of this State, with the same rights as any citizen, and to re- 
quire the aid of the attorney-general to begin and carry on such suits 
where practicable, and if not, some other suitable and competent at- 
torney, on such terms, as to compensation, as he may agree upon, 
but the fees of such attorney shall be conditional. 

May order suit : 56 Ga. 485. 

Governor has no power to compromise claims due State by penitentiary 
company, for negligent escapes : 85 Ga. 159. 



127-133 THIRD TITLE.— CHAPTER 1, ARTICLES 6, 7. 



54 



Property purchased, when. Appointments and vacancies. 



ARTICLE 6. 



PROPERTY PURCHASED, WHEN, 



Acts 1873, 
p. 49. 



Acts 1873, 
p. 49. 



$5863. 



§127. (64.) Governor may buy property in certain cases. At all sher- 
iff's sales under any fi. fa. in favor of the State or the Governor, the 
Governor may, by himself, or any one authorized by him, purchase 
the property so sold: Provided, in no case shall more be bid for such 
property than the amount due the State upon Bucla.fi. fa. 

§128. (65.) Titles, how made. The property so purchased shall be 
for the use of the State, and the title thereto shall be made to the 
Governor and his successors in office and assigns. 

§129. (66.) The Governor may rent or sell the property. The Gov- 
ernor may rent out said property, or sell the same at public outcry 
to the highest bidder, upon such terms as he may deem for the in- 
terests of the State, and may make the necessary conveyances for 
the same: Provided, such sale shall be advertised in the same man- 
ner and for the same time as sheriff's sales. 

§130. (67.) Removal of liens . Incase there be any exemption of 
any part of the property purchased, or the proceeds thereof, or any 
lien or incumbrance of superior dignity to the lien of the State, the 
Governor may pay the amount so exempted, or the said lien or in- 
cumbrance, to the person entitled thereto. 

§131. (68.) Purchase to be reported . The Governor shall report to 
the General Assembly at its following session, any purchase, lien, or 
sale, made under the foregoing provisions, giving full particulars of 
the transaction. 



ARTICLE 7. 



APPOINTMENTS AND VACANCIES. 



$$5863, 121, 
5817. 



§132. (69.) Shall appoint officers and fill vacancies. He shall ap- 
point all officers and fill all vacancies, unless otherwise prescribed 
by the Constitution and laws. All appointments to discharge a 
public duty, by the General Assembly, or by the Governor under 
its authority, are declared to be offices within the meaning of the 
Constitution. 

Section cited : 44 Ga. 76 ; 58/517. 

Cited, where law provided for appointment of registrars for Savannah by 
judge superior court, judge city court, and ordinary: 69 Ga. 216. 



§133. (70.) Mode of filling certain vacancies . In case of a vacancy 
from any cause in any office, the full term of which, by the Con- 
stitution, is to be filled by the Governor with the advice and con- 



55 THIRD TITLE.— CHAPTER 1, ARTICLE 8. §§ 134-137 

Suspension of treasurer or comptroller. 

sent of the Senate, the Governor shall appoint and commission some 
qualified person to supply it until the next meeting of the General 
Assembly, when said vacancy shall be filled in the manner described 
in the Constitution for filling the full term of such office. All va- 
cancies which may hereafter occur during the session of the General 
Assembly, or may then exist, shall be filled in pursuance of the pro- 
visions of this section. 

§134. (72.) May appoint and remove secretaries and others. He has 
the power of appointing the following officers, who shall hold their 
offices during the time for which he is Governor, subject to be re- 
moved at his pleasure, viz. : 

Two secretaries of the Executive Department. $$5822,981. 

A messenger for his office. §i*4- 

A State librarian. $149. 

A guard for the capitol buildings. $114. 

A person to keep the capitol grounds and other State property at 
the seat of government in proper order. 

§135. (73.) Shall appoint officers named in the Code. He shall also 
appoint all the officers of the following State institutions named in 
this Code, and laws hereafter enacted amendatory thereof, unless 
menials, servants, day-laborers, or otherwise required: 

Officers of the penitentiary. 

Trustees of the Lunatic Asylum. 

Trustees of the Asylum for the Deaf and Dumb. 

Trustees of the Asylum for the Blind. 

Officers of the Western and Atlantic Railroad. 

Keepers of the arsenal and public arms. 

§136. (74.) May employ agents . And he has power to engage the ^24, 1970, 
services of any competent person for the discharge of any duty re- 
quired by the laws, and essential to the interests of the State, or 
necessary, in an emergency, to preserve the property or funds of the 
State. 

May bring suit : 56 Ga. 485. 



ARTICLE 8. 

SUSPENSION OF TREASURER OR COMPTROLLER. 



§137. (114b.) Governor may suspend treasurer or comptroller. When- p ct fo* 878 * 9 ' 
ever the Governor has trustworthy information that the State treas- *ttt%l° 5, 
urer or comptroller-general is insane, or has absconded, or grossly 
neglects his duties, or is guilty of conduct plainly violative of his 
duties, or demeans himself in office to the hazard of the public funds 



§§ 138-141 THIRD TITLE.— CHAPTER 1, ARTICLES 9, 10, 11. 56 

Collection of taxes, when suspended. Warrants on treasury. Records to be kept in Executive office. 

or credit of the State, the Governor shall suspend said treasurer, or 
comptroller-general, as the case may be, and report his reasons for 
such suspension to the General Assembly. Said suspension shall 
continue until the General Assembly shall otherwise direct. 

A p Ct |o 18789, §188. (114c.) Officers pro tern, in cases of such suspension. When- 
ever the State treasurer or comptroller-general shall be suspended, 
the Governor shall appoint some suitable person to discharge the 
duties of the office of treasurer, or comptroller-general, as the case 
may be, until the suspended official is restored by law, or until his 
successor is elected and qualified. And the person so appointed 
shall take the oath and give the bond required by law of the regular 
incumbent. 



ARTICLE 9. 

COLLECTION OF TAXES, WHEN SUSPENDED. 

Act 1821, §139. (75.) May suspend collection of taxes. The Governor may 
$9' :6 - suspend the collection of the taxes, or any part thereof, due the 

State, until the meeting of the next General Assembly, but no longer; 

nor shall he otherwise interfere with the collection thereof. 

Cannot compromise taxes due the State : 70 Ga. 11. 



ARTICLE 10. 

WARRANTS ON TREASURY. 

^obb 3 io28 §140. (76.) Payments from the treasury. All payments from the 
treasury, unless otherwise provided, shall be made upon the warrant 
of the Governor, and he may withhold his approval on any account 
audited and certified by the comptroller-general. The warrant shall 
always specify on what appropriation or fund it is drawn. 

Warrants revocable until they are paid : 56 Ga. 674. 



ARTICLE 11. 

RECORDS TO BE KEPT IN EXECUTIVE OFFICE. 

§141. (77.) Shall cause to be kept a journal of his official acts. The 
Governor shall cause to be kept and preserved in the Executive 
office the following books of record: 



57 THIRD TITLE.— CHAPTER 1, ARTICLE 12. § 142 

Executive seal. 

1. Journal. A journal or minute-book, showing all of his official 
acts. 

2. Appropriation book. A book of appropriations, in which shall 
be entered a full account of all annual appropriations, setting forth 
the amounts under their appropriate heads, together with the date 
of his warrant for such appropriation, and in whose favor drawn. 

3. Public debt. A book giving a statement of the public debt of 
the State, the dates and numbers of the bonds issued, in whose fa- 
vor, and for what amounts, the date of payment 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 specific 
purposes, when drawn, and in whose favor drawn. 

4. Bonds of officers. A book in which shall be kept copies of all 
bonds of agents disbursing public funds; also, a schedule of all 
bonds and other evidences of debt due to the State, and the disposi- 
tion made thereof. 

5. Commissions. A book of commissions, showing the dates when$ 121 * 
issued, for all officers, civil and military, in this State. 

6. Educational fund. A book showing the exact condition of the 
educational fund of this State, and the annual income thereof. 

7. Land books. A book or books containing a list of the respective 
numbers, districts, sections and counties, of the several lots of land 
disposed of by the several land lotteries, and the names of the 
drawers of each, to whom and when granted, and a similar schedule 
of all lands sold by the State, by whom purchased, and to whom 
and when granted. 

8. All documents to be filed. He shall also keep, and cause to be 
carefully filed away, properly marked or numbered, all documents 
appertaining to his office, whether there as the place of deposit or 
received by mail or express, and keep a book as an index or key to 
the same. 

9. Other records. And any other books or files that, in his judg- 
ment, his department needs. 



ARTICLE 12. 

EXECUTIVE SEAL. 



§142. (78.) Executive seal. There shall 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. 



§ 143-148 THIRD TITLE.— CHAPTER 1, ARTICLES 13, 14. 58 

The Executive office and residence of the Governor. Governor's messenger and State-house guard. 

ARTICLE 13. 

THE EXECUTIVE OFFICE AND RESIDENCE OF THE GOVERNOR. 

§143. (79.) Executive office and residence. The Executive office shall 
be in the State-house at the seat of government. If from any 
cause there is no State-house, or it has to be abandoned, then at 
such place at the seat of government as the Governor may direct, 
and not elsewhere, unless made necessary from invasion, insurrec- 
tion, pestilence, or rebellion. The Governor shall reside at the seat 
of government during his term of office. 



ARTICLE 14. 

GOVERNOR'S MESSENGER, AND STATE-HOUSE GUARD. 

$134. §144. (124.) May appoint messenger. The Governor may in his 

discretion, as the exigency may require, appoint a messenger to the 
Executive Department, or have that duty performed by some other 
employee about the State-house, engaged by him under the general 
authority granted to him, and when so performed it must be done 
without additional compensation. 

§145. (125.) Duties of messenger. When there is a messenger, he 
shall perform such duties for the Executive office, the other officers 
in the State-house, and such other service connected with the State 
business at the capitol as the Governor shall prescribe, and be gov- 
erned by such rules and regulations as he may adopt. 

§146. (126.) If there is no messenger. Where there is no messen- 
ger, the Governor may, if occasion should require, employ some 
person to perform any special service, for a reasonable compensation, 
such as is the duty of the messenger to perform, but which cannot 
be performed by the person acting as such. 

§147. (127.) Guard of capitol. The Governor shall appoint a 
guard for the capitol buildings, including the captain of the guard, 
whom he shall designate as such, whose business it shall be to re- 
main in said buildings from sundown until sunrise of the next day, 
every night in the year, and on Sundays and holidays, to keep 
watch over the same and protect them from fire or intruders. 

§148. (128.) Governor's power over guard. The Governor has 
power to keep the number of said guard full, when lessened by provi- 
dential or other cause, and adopt such rules and regulations in 
regard to them as in his judgment the public service may demand. 



59 THIRD TITLE.— CHAP. 1, ART. 15, SECS. 1, 2. §§ 149-154 

Of the State librarian, and distribution of laws; librarian and his duties. Distribution of books. 

ARTICLE 15. 

OF THE 8TATE LIBRARIAN, AND DISTRIBUTION OF LAWS. 



SECTION 1. 

LIBRARIAN AND HIS DUTIES. 

§149. State librarian, his appointment and term. The Governor ^fg 1880 * 1, 
shall present, for confirmation by the Senate, some fit and competent^ 4,981 
person to serve as State librarian, whose term of office shall be four 
years, and until his successor shall have been chosen and confirmed 
in like manner. 

§150. Salary of librarian and assistant. The salary of the State ^t^ 89, 
librarian shall be eighteen hundred dollars per annum, and the* 5829- 
salary of the assistant librarian eight hundred dollars per annum. 

§151. (115.) Must give bond. The librarian must give a bond in A cobb 4 , 7, 
the sum of two thousand dollars, with good security, payable to the 1087, 
Governor and his successors in office, conditioned for the faithful 
performance of his duty as State librarian. 

§152. (116.) Must keep library. The library belonging to this Act ? 7 ^ 851 " 2 ' 
State, with such additions as may be hereafter made from any 
quarter, together with all copies of the laws, journals or other books 
published or purchased 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 pre- 
scribe. 

§153. (117.) For inspection. It is his business to preserve, keep in 
order, and protect said library, to keep the same open for the in- 
spection of all citizens of the State, and to discharge such other 
duties in connection with the library as may be required of him by 
law or the Governor of the State. 



SECTION 2. 

DISTRIBUTION OF BOOKS. 

§154. (118.) Distribute laws, etc. The distribution of the laws and Actsisos, 

° v ' ' p. 195. 

journals, reports of the Supreme Court decisions, laws of the United* 160 - 
States, and all other books required to be distributed to the several 
counties of the State or to be sent to other States, shall be made 
by the librarian, under the direction of the Governor, in pursuance 
of the provisions of the law in respect thereto. He shall mail the 



|§ 155-160 THIRD TITLE.— CHAP. 1, ART. 15, SECS. 3, 4. 60 

Catalogue; official annual reports filed with librarian. Printing and distribution of Georgia Reports. 

decisions of the Supreme Court, as follows: One copy of each to the 
judges of the Supreme and superior courts, the clerk of the Supreme 
Court, the clerks of the superior courts, and the ordinaries of this 
State. The remaining copies he shall keep in the State library for 
use, and for exchange, as is required in this Code. 



SECTION 3. 
catalogue; official annual reports filed with librarian. 

§155. (120.) Must take and file receipts. It is his duty to receive 
from the State printer the laws and journals, and when distribution 
is made to the various counties, to take from the clerks of courts, 
or other distributees, their receipts therefor; likewise all other books 
required to be distributed. He must receive and take receipts on the 
distribution, and keep in his office a file of such receipts. 

§156. (119.) Keep a catalogue. He shall make out and keep on 
hand a catalogue of all the books in the library — to be amended 
without unnecessary delay from time to time, as he may obtain new 
books or dispose of old ones — which shall be printed and kept in his 
office in two or more conspicuous places. 
^02,^208, §157. (79b.) Certain reports to be filed with librarian. The Gov- 
ernor, comptroller-general, treasurer, and all other officers who are, 
or may be, required to make reports to the General Assembly, shall 
furnish the State librarian with at least ten copies each of said re- 
ports, and he shall have the same bound and preserved in the library 
for public use. 



SECTION 4. 

PRINTING AND DISTRIBUTION OF GEORGIA REPORTS. 

^ Jt | 2 1882 " 3 ' §158. Proceeds from Supreme Court reports. The money arising 
$154. from the sale of Supreme Court reports is appropriated for the pur- 

pose of making a permanent fund for purchasing and binding books 
for the State library. 
$ 154, §159. (121.) Exchange reports with other States. He must corre- 

spond with the proper authorities of other States who publish the 
reports of their highest appellate tribunal, with a view to exchange 
theirs for our Supreme Court reports. 

A p Ct i58 8789, §160. (228 d.) Sale of reports. The Governor shall ascertain the 
$$154,170. cog t to the State, per volume, of the whole edition of any given vol- 
ume of the reports published, which shall in no case be less than 



61 THIRD TITLE.— CHAP. 1, ART. 15, SEC. 5. §§161-164 

Supervision and removal of librarian by Governor. 

one thousand copies, and notify the State librarian of the cost per 
volume; and the State librarian shall sell to the public, for cash 
only, the portion of the reports allotted for that purpose, at the ac- 
tual cost to the State, and deposit each day the money thus received 
into the State treasury before the expiration of the business hours 
of that department. Until six months from the issuance of any vol- 
ume, the librarian shall sell only one copy thereof to the same pur- 
chaser. After the expiration of such period, the librarian, under 
the direction of the judges of the Supreme Court, may exchange such 
copies as are not likely to be sold, for reports of the highest courts 
of other States, or such other law-books as said judges may select, 
and upon such terms as they may direct. 

§161. (228 h.) Electrotyped, when. Whenever the librarian of the Actsusso-i, 
State shall report to the Governor that there are not more than$ 5515 - 
twenty-five copies of any electrotyped volumes on hand, the Gov- 
ernor shall have five hundred additional copies struck off, and shall 
draw his warrant upon the printing fund for the expense thus in- 
curred. 

§162. (228 i.) Plates, how kept. When the first edition of each ^Jf " 1 ' 
volume is printed, the printer shall carefully box up the plates and^ 1089 * 
turn them over to the State librarian, who shall preserve them for 
further use. 



SECTION 5. 

SUPERVISION AND REMOVAL OF LIBRARIAN BY GOVERNOR. 

§163. (122.) His office subject to Governor's supervision. His office 
is under the general supervision of the Governor, who may at any 
time appoint a competent person to examine into and report its con- 
dition to him. 

§164. (123.) Must deliver contents of office to successor. If the libra- Sy- 
rian resign, or be removed, he must, within ten days thereafter, de- 
liver the books, papers, and other contents of his office to his succes- 
sor, taking his receipt therefor, which must be filed and recorded in 
the Executive office; and if there is any deficiency in the books re- 
ceived by him, or other damage done, the Governor shall have suit 
brought on his bond. 



165-169 THIRD TITLE.— CHAP. 1, ART. 16, SEC. 1. 62 

Printing and distribution of laws, etc.; distribution of laws and journals to county officers. 



ARTICLE 16. 



PRINTING AND DISTRIBUTION OF LAWS AND OTHER DOCUMENTS. 



SECTION 1. 

DISTRIBUTION OF LAWS AND JOURNALS TO COUNTY OFFICERS. 

§165. (1046.) Laws and journals to be distributed. After the laws 
and journals are compiled, printed, bound, and delivered to the 
State librarian, he shall, under the supervision of the Governor, 
cause them to be distributed to the several counties of this State. 

^fsh 89 ' §166. (1048,) Number of journals printed. There shall be com- 
1884-5? 75 ' piled, printed and bound (such binding to be the same as that of 
p. 134. ^ e Acts of the General Assembly) not more than five hundred cop- 
ies of the journals of each branch of the General Assembly; and it 
shall be the duty of the State librarian to distribute the same as 
follows: One copy of the journal of each branch of the General 
Assembly to the ordinary of each county in this State, whose duty 
it shall be to keep and preserve the same for the use of the public, 
and also one copy to each member of the General Assembly. The 
remainder of the copies shall be retained by the librarian for ex- 
changing with the various States, and for such other use and dispo- 
sition as the Governor of the State may authorize and direct. The 
librarian shall always keep on hand, for the use of the library, at 
least ninety-five copies of such journals. 

A p. t 75^ 861 ' §167. (1047.) Copies of laws for each county. Each county is en- 
titled to one copy of the Acts of the General Assembly for each 
civil officer, both judicial and ministerial, to be distributed by the 
ordinary. 

A p Ct i8i 889 ' §168. (1048.) Copies of journals for each county. The copy of the 
journals of each branch of the General Assembly, shall remain on 
deposit in the office of the ordinary, and to which the citizens of the 
county shall have free access; each county is also entitled to a copy 
of the laws and journals for each member of the General Assembly. 

§169. (1049.) Journals to be bound. One copy of the journal of 
each branch of the General Assembly, as well bound as the Acts, 
shall be securely kept, and not permitted to go out of the ordinary's 
office. 



63 THIRD TITLE.— CHAP. 1, ART. 16, SECS. 2, 3, 4. §§ 170-172 

Reserved copies. Acts of Congress, how distributed. Books furnished University of Georgia. 



SECTION 2. 

RESERVED COPIES. 

§170. (1050.) Reserved copies. The librarian shall reserve five ^ ct J 7 J 878 ' 9 ' 
hundred copies of the Acts for such further distribution as the Gen- $ 160 - 
eral Assembly may order, of which number four hundred shall be 
held by said librarian for sale to the people of this State, any citizen 
thereof having the right to buy one copy at the actual cost thereof, 
and said librarian, upon being so requested, shall send by mail to 
any such citizen a copy of said laws upon prepayment of the post- 
age thereon and the price. And the librarian at the end of every 
six months shall pay all moneys received from the sale of said laws 
to the State treasurer, taking his receipt therefor, and immediately 
after such payment, report to the Governor in writing the number of 
copies sold, and when and to whom, and the sum so paid to the 
treasurer, with the date of such payment. 



SECTION 3. 

ACTS OF CONGRESS, HOW DISTRIBUTED. 

§171. (1051.) Acts of Congress, etc., how forwarded. Each county Actsi874, 
is entitled to two copies of the Acts of Congress to be kept in the 
office *as the journals are. The librarian, under the supervision of 
the Governor, as soon as the laws and journals of each session are 
published, shall forward by express, prepaid to the nearest office of 
each ordinary in the State, the number of the laws and journals each 
county may be entitled to: Provided, when the ordinary of any county 
shall be at any actual and necessary expense in getting the books 
from the express office, he shall give an order on the county treasurer 
for said sum, and the county treasurer shall pay the same. And 
the librarian, as soon as he shall have expressed, said laws aud jour- 
nals, shall notify each ordinary thereof by mail, and also notify him 
of the office to which said laws and journals have been sent. 



SECTION 4. 

i 

BOOKS FURNISHED UNIVERSITY OF GEORGIA. 



§172. Books furnished University of Georgia. Volumes of the Su- Act ^ 884 ' 5 ' 
preme Court reports, and such other public books as are furnished 
by the State to the several counties, shall be furnished to the Uni- 
versity of Georgia. 



173-176 THIRD TITLE.— SEC. 5. CHAP. 2, ART. 1, SEC. 1. 64 



Counties supplied with Georgia Reports. Secretary of State, etc. ; election, bond, and compensation. 



SECTION 5. 

COUNTIES, HOW SUPPLIED WITH GEORGIA REPORTS. 

Acts^i882-3, §178. Librarian to supply county with certain reports. Whenever the 

$i«o. Governor shall have satisfactory evidence that the Supreme Court 

reports, or any of them, have never been furnished by the State to 
any county of this State, it shall be his duty to cause the librarian 
to furnish such county with such volumes as have not been furnished 
with the same. 

Acts^i882-3, §174. Librarian furnish reports destroyed by fire. Whenever the or- 
dinary of any county shall furnish the Governor with satisfactory 
evidence that the Supreme Court reports furnished by the State to 
such county, or any part of such reports, have been destroyed by fire 
or by the soldiers of either army during the war, it shall be the duty 
of the Governor to cause the librarian to furnish one copy of each 
report so destroyed to the clerk of the superior court of such county: 
Provided, no reports shall be furnished to supply the place of such as 
may be destroyed after September 21st, 1883. In no event shall any 
books be furnished to supply the place of books that have been lost 
or destroyed other than by the soldiers of either army or destroyed 
by fire. 

Acts 1882-3, §175. Governor draw warrant. Whenever the Governor shall decide 

p. 21. ° 

that any county is entitled to be supplied with any number of Su- 
preme Court reports, he shall draw his warrant upon the treasurer 
for the amount required for the same: Provided, that not more than 
two hundred and fifty dollars shall be drawn to supply reports to 
any one county. 



CHAPTER 2. 



THE SECRETARY OF STATE, TREASURER, COMPTROLLER-GENERAL, AND 

ATTORNEY-GENERAL. 



ARTICLE 1. 

OF THE SECRETARY OF STATE. 



SECTION 1. 

ELECTION, BOND, AND COMPENSATION. 

$$5823,i«m. §176. (80.) Secretary of State, his election and term. There shall 
be a secretary of State, elected by persons qualified to vote for mem- 



65 THIRD TITLE.— CHAP. 2, ART. 1, SEC. 2. §§ 177-181 

Duties of secretary of State. 

bers of the General Assembly, at the same time and in the same 
manner as the Governor. 

§177. (81.) Must give bond. Before entering on the duties of his ^o^ 4 '^ 
office, he shall execute a bond with sufficient securities, to be ap- 
proved by the Governor, in the sum of ten thousand dollars, condi- 
tioned for the faithful performance of all the duties of his said office, 
and all such duties as shall be required of him by the General As- 
sembly or the laws of this State, and for a faithful account of all 
the public money or effects that may come into his hands during his 
continuance in office. It shall be filed in the Executive office, and 
a copy thereof, certified by one of the Governor's secretaries, under 
the seal of the Executive Department, shall be received in evidence 
in lieu of the original in any of the courts of this State. 

§178. (82.) Shall keep his office in the capitol. He shall be provided A p^ 2 1861 ' 
with suitable apartments in the State capitol, furnished at the^e 7, 198 ' 
State's expense. He shall reside at the capital, and keep his office 
open daily, Sundays and holidays excepted. 

§179. (83.) Shall furnish copies of records. He shall furnish to allW. 
applicants, upon the payment of 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 Gen- 
eral Assembly may direct. 

Cited : 68 Ga. 135. 

§180. (84.) Shall have no perquisites. He shall receive no perqui- Act 1826, 
sites for any official act, but the fees prescribed shall be collected by $$981,5829. ' 
him and paid into the State treasury. 



SECTION 2. 

DUTIES OF SECRETARY OF STATE. 

§181. (85.) Duty of secretary of State. The offices of secretary of ^bbfioso. 
State and surveyor-general are consolidated, and the secretary of A p ct | 4 9 865 " 6, 
State is required to discharge the duties of both of said offices. wgsijsos." 

1. Care of seal and records. It is his duty to keep the original Acts 
passed by the General Assembly, and all the public records of the 
State not 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 original journals 
of both houses are deposited in and kept in his office. 

2. Affixing great seal. He shall attest all grants, and other publican, 3219, 
documents requiring the great seal of the State, issuing from the 
Executive of the State. 

5 



§§ 182-184 THIRD TITLE.— CHAP. 2, ART. 1, SEC. 3. 66 



Great seal of the State, and its custody. 



3. Record of grants. He shall keep a record in proper books of all 
grants issued by the State. 

4. Care of bonds of agents. He shall keep safely all bonds of agents 
appointed to disburse public money. 

5. Stationery, etc., for use of General Assembly. He shall provide all 
fuel, lights, servants or other contingents necessary for the General 
Assembly; also, all stationery for their use, and shall report the 
amount of the same to the finance committee of the House of Repre- 
sentatives* before the adjournment of the session. He shall perform 
all other duties required of him by law, or which necessarily attach 
to his office. 

A P C 26 1873 ' 6. Election-blanks. At least thirty days previous to the day of elec- 
^8o 2 (6 8 )' 76 ' ^ion of Governor, members of the General Assembly, representa- 
tives to Congress, electors of President and Vice-President of the 
United States, and county officers, he shall furnish each ordinary 
of the State with printed forms of returns, certificates and direc- 
tions, together with any advice he may deem necessary to secure 
proper returns; and he shall provide and keep on hand a sufficient 
quantity of self-sealing envelopes of uniform appearance and suitable 
size and quality for use in the elections aforesaid. 
§208. §182. (88.) Shall not speculate in wild lands. He shall not, directly 

or indirectly, be interested or engaged in the purchase and sale of 
wild lands on speculation, on pain of removal by the Governor or 
the General Assembly. 
^Vi' 8 ' 9, §183. (88a.) Quadrennial destruction of election returns . The secre- 
$72(10). -|- ar y f state shall destroy, quadrennially, all returns of elections, 
on file in his office, of those officials whose terms of office have ex- 
pired. 



SECTION 3. 

GREAT SEAL OF THE STATE, AND ITS CUSTODY. 

$227. §184. (86.) Great seal to be kept in his office. He shall keep the 

great seal of the State adopted February 8th, 1799, and now on 
deposit in the office of the secretary of State. It is as follows: 

1. It is of silver, and the size of two and a quarter inches in diam- 
eter. 

$|996, 5880, 2. The device on one side is, a view of the seashore, with a ship 
bearing the flag of the United States riding at anchor near a wharf, 
receiving on board hogsheads of tobacco and bales of cotton, em- 
blematic of the exports of this State; at a small distance a boat, 
landing from the interior of the State, with hogsheads, etc., on 
board, representing her internal traffic; in the back part of the same 



67 THIRD TITLE.— CHAP. 2, ART. 1, SEC. 4. § 185 

Duties of surveyor-general imposed on secretary of State. 

side a man in the act of plowing, and at a small distance a flock of 
sheep in different pastures, shaded by a flourishing tree; the motto 
thereon, "Agriculture and Commerce, 1799." 

3. The device on the other side is, three pillars, supporting an arch, 
with the word "Constitution" engraven within the same, emblematic 
of the Constitution, supported by the three departments of govern- 
ment, viz., the legislative, judicial, and executive — the first pillar 
having engraven on it "Wisdom," the second "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 defense of 
the Constitution; the motto, "State of Georgia, 1799." 



SECTION 4. 

DUTIES OF SURVEYOR-GENERAL IMPOSED ON SECRETARY OF STATE. 

§185. (87.) Duties heretofore devolving on the surveyor-general. The A cti783,_ 
secretary of State shall also discharge the following duties, hereto- 
fore devolving on the surveyor-general, to wit: 

1. Care of plats. 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. Record of plats. To record all plats of land legally authenti- 
cated and returned to him by the several county surveyors, or other 
surveyors acting by authority, for which grants are sought, and to 
attach the originals thereof to the grants. 

3. Maps of surveys, etc. To keep in his office correct maps of all 
the different surveys (made by State authority), and of those com- 
prising the land lotteries, their divisions into numbers, districts, 
sections, and the like, having for every district a separate map. 

4. Register of grants . To keep a register of the various grantees 
thereto, and the dates of the grants. 

5. Maps of rivers, surveys, etc. To keep correct maps of all surveys 
of rivers, harbors, swamps or land, made by the special direction of 
the General Assembly. 

6. New maps. He shall, when necessary, contract for the execu- 
tion of new maps, or the re-execution of, or repair of, old maps, 
subject to the ratification of the General Assembly. 

7. Certificates. He must certify under his official seal, as the comp- 
troller-general is directed. 

General Note. — Grants are enrolled in the office of the secretary of State : 
17 Ga. 551. 



§§ 186-188 THIRD TITLE.— CHAP. 2, ART. 2, SECS. 1, 2. 68 

Of the State treasurer; election and rights. Approval, lien, and record of treasurer's bond 

ARTICLE 2. 

OF THE STATE TREASURER. 



SECTION 1. 

ELECTION AND RIGHTS. 

$$98i(3), 8186. (89.) Election and term of office . There shall be a treasurer 

1921, 1518. L 

of *the State, who shall be elected at the same time and in the same 
manner with the Governor. He shall hold his office for two years, 
and until his successor is elected and qualified. His salary shall be 
two thousand dollars per annum. 

4?V^ 26 v §187. (91.) His rights and duties. His rights and duties are the 

Cobb, 1027. o \ / ^ o 

$$98i(3), same as those of the secretary of State, set forth in sections 178 and 
205,226. 179 ? except the use of the great seal. He shall receive no perqui- 
sites for any official act, but the fees prescribed shall be collected by 
him and paid into the State treasury. 



SECTION 2. 



APPROVAL, LIEN, AND RECORD OF TREASURER '8 BOND. 

Actsi876, 8188. (90.) Treasurer's oath and bond. Before entering on the 

p. 126. . 

$5823. duties of his office, the State treasurer shall take an oath before the 
Governor, or one of the judges of the Supreme or superior courts of 
this State, to support the Constitution of the United States, and the 
Constitution of the State of Georgia, and faithfully to execute the 
duties of his office, which oath shall be in writing, and subscribed 
to by the State treasurer, and filed and recorded in the Executive 
office. He shall also give bond to the State of Georgia, with secu- 
rity or securities, approved by the Governor, in the sum of two hun- 
dred thousand dollars, conditioned as follows : 

1. That he will faithfully discharge, execute and perform all and 
singular the duties of him required, and which may be required by 
the Constitution and laws. 

2. That he will faithfully account for and pay over all moneys 
that may be received by him from time to time, by virtue of his 
office. 

3. That he will safely deliver to his successor all books, moneys, 
vouchers, accounts and effects whatsoever belonging to his said 
office. 



69 THIRD TITLE.— CHAP. 2, ART. 2, SEC. 2. §§ 189-191 

Approval, lien, and record of treasurer's bond. 

Bond signed by sureties, but not treasurer, and never accepted by Gov- 
ernor, had no validity : 66 Ga. 409. 

§189. (91a.) Securities on bond; bond a lien. Each security on the ^'fg* 876, 
bond of the treasurer shall make oath that he is bona fide worth, ^24 6 456 9, 
over and above his debts, exemptions and liabilities of all kind, prop- 927 - 
erty in realty and personalty not less than some specified sum to 
be stated in said oath, which oath shall be attached to said bond, 
and recorded therewith. He may, by express stipulation in writing, 
limit his liability to a specific sum to be stated in said bond; and 
all the property of the treasurer to the full amount of said bond, 
and the property of the securities to the amount for which they may 
be severally bound, shall be liable for the faithful performance by 
the treasurer of the duties of his office, from the date of the execu- 
tion of said bond; and a lien is hereby created in favor of the State 
upon the property of the treasurer to the amount of said bond, and 
upon the property of the securities upon his said bond to the amount 
for which they may be severally liable, from the date of the execu- 
tion thereof. 

This provision mandatory, and failure to require affidavit of each surety dis- 
charges others, unless they are estopped from setting up defense : 66 Ga. 409. 

This applies to bond of State depository : 72 Ga. 511. 

Surety's name forged, State has no lien on his property: 72 Ga. 515. 

§190. (91b.) Governor's approval of bond. The Governor shall not Act ^ 876 » 
approve any bond of the treasurer unless the sums so sworn to, and^ 248 ' 266 - 
the specific sums in which the security or securities have limited 
their liability, shall in the aggregate, at least, equal two hundred 
thousand dollars and he shall be satisfied of the responsibility of 
each security. 

This applies to bond of State depository: 72 Ga. 511. 

8191. (91c.) Record of bond. The bond of the treasurer, when Act ? i 876 » 

° v ' J t 'p. 127. 

duly executed and approved, shall be recorded in the secretary of 
State's office, and filed in the Executive office, and a copy thereof, 
certified by one of the Governor's secretaries, under the seal of the 
Executive Department, or a certified copy taken from the records of 
the secretary of State's office, shall be received in evidence, in lieu 
of the original, in any of the courts of this State. 

Not executed and recorded within time, and sureties not having made affi- 
davit of worth, etc., not good statutory bond, and not affected by Code, sec- 
tion 263: 66 Ga. 409. 



192-194 THIRD TITLE.— CHAP. 2, ART. 2, SECS. 3, 4. 70 



New bond required, when. Suspension of treasurer. 



SECTION 3. 

NEW BOND REQUIRED, WHEN. 

^m 876 ' §192. (91 d.) Insufficiency of security. The Governor, at all times 
when, in his opinion, the security or securities of any treasurer have 
or are likely to become invalid or insufficient, shall demand and re- 
quire such treasurer forthwith to renew his bond to the State of 
Georgia, in the penalty and according to the form prescribed in this 
Article, and in case of neglect or refusal by any treasurer to give 
bond, with security or securities, within ten days after the same 
shall be demanded and required by the Governor, such neglect or 
refusal shall be a disqualification under the law, and shall create a 
vacancy in said office of treasurer; and the Governor shall proceed 
forthwith to appoint a fit and proper person to fill the vacancy oc- 
casioned thereby, until the next session of the General Assembly 
thereafter; and such appointee shall give like bond and security, and 
in the same manner, and upon the same terms as prescribed for the 
treasurer. 



SECTION 4. 

SUSPENSION OF TREASURER. 

Acts 1876, §193. (92.) Suspension of treasurer . Upon representation made to 
$&s7,582i, the Governor by any person under oath, or where the Governor has 
received reliable information from any source, that the treasurer is 
insane, or manifestly insolvent, or that he has absconded or con- 
cealed himself, or is guilty of conduct which is to the hazard of the 
public treasury, he shall call a council to be composed of the attor- 
ney-general, secretary of State, and comptroller-general, and if they, 
or a majority of them, after an examination into the truth of such 
representation, shall find the same to be true, the Governor shall 
suspend the treasurer from office until the next session of the Gen- 
eral Assembly and issue proclamation thereof, and he shall submit 
to said body his action in the premises and the reasons therefor. In 
the event of a suspension of the treasurer, the Governor shall ap- 
point some fit and proper person to discharge the duties of said of- 
fice during the period of such suspension, who shall take an oath and 
give bond and security upon like terms and in the same manner as 
provided for the treasurer elected by the people. 

^^g 876 ' §194. (93.) The Governor to exercise general superintendency over. 
The Governor may exercise a general superintendence over the office 
of State treasurer, not inconsistent with the provisions prescribed 



71 THIRD TITLE.— CHAP. 2, ART. 2, SECS. 5J 6. §§ 195-197 

Execution against securities. Resignation or default of treasurer. 

for it by law, and may at any time appoint some competent person 
to examine into the state of such office, for any period of time he 
may designate, and report its condition to him; and shall have power 
to require, in writing, of such treasurer, to withdraw the public 
funds from any place of deposit deemed unsafe by him. 



SECTION 5. 

EXECUTION AGAINST SECURITIES. 

§195. (97 b.) Failing to perform duties; ji. fa. instanter. If the ^ ct f 3 2 876 ' 
treasurer fails to perform the duties of his office, misapplies or uses^J^ ,305 » 
the funds of the State, fails to account for and pay over any moneys 
that he may have received by virtue of his office, whereby he becomes 
liable to the State, it shall not be necessary to sue his official bond, 
but the Governor may issue a fi. fa. instanter against the treasurer 
and his securities for the amount due the State by the treasurer, with 
the penalties and costs; said fi. fa. to be directed to all and singu- 
lar the sheriffs of said State, and shall be executed by them; and 
the treasurer and his securities shall have only those defenses now al- 
lowed tax-collectors against fi. fas. issued by the comptroller-gen- 
eral against them. 



SECTION 6. 

RESIGNATION OR DEFAULT OF TREASURER. 

§196. (94.) Treasurer resigning or removing. If the treasurer re- A p ^s 876 ' 
sign or is removed, he must, within ten days thereafter, state his 
accounts to the comptroller-general, and deliver the books, papers 
and money of the treasury to his successor, taking his receipt there- 
for; and the comptroller-general must record a statement of such 
settlement and receipt in his office, and report the same forthwith to 
the Governor. 

§197. (95.) Treasurer in default or absenting himself . If the treas- ^J^' 6 * 
urer fail to comply with the provisions of the preceding section, or^ 305 ' 
if he dies, absconds, or absents himself without sufficient cause for 
as long as twenty days, the comptroller, after giving ten days no- 
tice by publication in some public gazette at the seat of government, 
must proceed, and in the presence of any person who may appear in 
behalf of the late State treasurer, or if none appear, in the presence 
of the attorney-general, to state his account and deliver the books, 
papers, money, and all other appurtenances of his office to his sue- 



i§ 198, 199 THIRD TITLE.— CHAP. 2, ART. 2, SECS. 7, 8. 72 

Offices, fees, and clerk. Duties of treasurer. 

cessor, taking his receipt therefor, and record and file such state- 
ment and receipt in his office, and report forthwith to the Governor. 



SECTION 7. 

OFFICES, FEES, AND CLERK. 

Acts 1876, §198. (96.) Office, where kept; clerk. He shall be provided with 
§§98i(3), suitable apartments in the State capitol, furnished at the State's 

187, 1 i Sy # 

5829. expense. He shall reside at the capital, and keep his office open 
daily (Sundays and holidays excepted), and he shall furnish to all 
applicants, upon the payment of the prescribed fees, copies of all 
records and public documents within his office. He shall receive no 
perquisites for any official act, but the fees prescribed shall be col- 
lected by him and paid into the State treasury. He may employ a 
suitable person as clerk to assist him in the duties of his office, and 
remove him at his pleasure; and such clerk shall receive a salary of 
sixteen hundred dollars per annum. 



SECTION 8. 

DUTIES OF TREASURER. 

Act i29 876 ' §199. (97.) Duties of treasurer. It is the duty of the State treas- 
$2393. " urer— 

1. Money and warrants. To receive and keep safely all the money 
which shall be paid to him in behalf of the State (giving certifi- 
cates therefor, which shall specially set forth the amount, on what 
account, and by whom paid, and shall be lodged as vouchers in the 
comptroller's office), and to pay out the same only upon the war- 
rants of the Governor, when countersigned by the comptroller-gen- 
eral, excepting the draft of the President of the Senate, and Speaker 
of the House of Representatives, for sums due to the members and 
officers of their respective bodies. 

Not ministerial duty of treasurer to pay State bonds, until appropriation 
made, executive warrant issued, and countersigned by comptroller-general: 
68 Ga. 711. See 56 Ga. 676. 

2. Book of accounts and warrants. He shall keep a durable book, 
wherein he shall enter each day, in charge against himself, all and 
every sum of money received by him, stating from whom and on 
what account received, and per contra crediting himself with any 
and all sums disbursed by him in any manner, stating to whom paid, 



73 THIRD TITLE.— CHAP. 2, ART. 2, SEC. 8. § 199 



Duties of treasurer. 



when paid, and on what account or purpose paid; and for all dis- 
bursements whatsoever, he shall take receipts or other vouchers 
therefor. He shall also keep a true and faithful record in a book of 
all warrants drawn by the Governor on the treasury, stating the 
number of the warrant, the amount, the date and the payee of the 
same, and to what fund the same is chargeable, and he shall care- 
fully keep on file said warrants. 

3. Ledger and entries therein. The treasurer shall keep a general 
ledger of accounts, into which he shall post all the receipts and dis- 
bursements of his office, arranging the receipts and disbursements 
under the heads to which they properly belong. He shall open in 
said ledger, an account with each appropriation made by the General 
Assembly, and with each salaried officer of the State, in which he 
shall credit the object for which the appropriation was made with 
the amount appropriated to the object, and shall charge such ap- 
propriation with the payments made by him upon the same. He 
shall open in said ledger a general account of receipts and dis- 
bursements; which last-mentioned account he shall compare with 
the books kept by the comptroller in his office, on the last day of 
each quarter of the fiscal year; and, after having compared them, 
shall strike the balance on said account, showing the amount at 
that time in the treasury to the credit of the State, and he shall 
carry said balance forward on the book to the general account for 
the next quarter. 

4. Bank accounts. The treasurer shall keep accounts in the books $982. 
of his office with the different banks in which the public revenue or 
money is deposited, on which balances shall be struck at the aforesaid 
periods, showing the amount in bank to the credit or debit of the State; 
but the deposits of the public revenue or money shall be made only 

in such bank or banks as the treasurer may select, with the approval 
of the Governor, and the written approval of the Governor designat- 
ing the depository or depositories of the public funds shall be en- 
tered of record in the Executive office. The bank or banks where 
public deposits are made by the treasurer, or by any other person by 
the direction of the treasurer, shall transmit to the comptroller- 
general and treasurer monthly statements of the deposits, checks 
and drafts received and paid by them on account of the treasury. 

5. Cash accounts; quarterly balancing. The treasurer shall also Acts 1876, 
keep a general cash account, which shall be balanced at the expira- 
tion of each quarter of the fiscal year, showing the balance in the 
treasury at the end of each quarter. 

6. Check-book and stubs. The treasurer shall also keep check-books, 
within which there shall be suitable margins. The checks shall be 
numbered by numbers in the margins corresponding with the 



§ 199 THIRD TITLE.— CHAP. 2, ART. 2, SEC. 8. 74 

Duties of treasurer. 

numbers upon the checks; and he shall note in the margin the date 
and amount of the check, the appropriation to which it shall be 
charged, and the person to whom it shall be issued; and he shall 
balance his accounts with all banks or other depositories holding 
State deposits as often as once in each month. 

*2o2 2 ' 211 ' 7. Estimates and annual report to Governor. Preceding each annual 
session he must submit to the Governor de-tailed estimates of the 
probable receipts and expenditures for the next fiscal year, stating 
the source of income and the probable amounts to be received there- 
from; also the objects of appropriation and the probable necessities 
of the treasury. 

^46^720.' 8. Payment only to purpose for which fund appropriated. He shall 
pay all funds pledged to the payment of the public debt, or interest 
thereon, or to any object of education, and to these 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 any other. 

$5902. 9 # Quarterly report to Governor. At the end of every quarter of the 

year, he shall make a written report, under oath, to the Governor, 
of the several amounts received by him during the three months 
preceding such report; and he shall also submit to the Governor 
itemized monthly reports of the condition and transactions of the 
treasury, and the information contained in such monthly reports 
may be given to the public from time to time at the discretion of 
the Governor. 

10. Deposit in bank; supervision thereof by Governor. He shall keep 
safely the scrip for bank-stock, the State bonds, and other evi- 
dences of the educational fund, and manage and control the same 
for the purposes to which they are pledged. He may, with the ap- 
proval of the Governor, deposit all funds set apart for the purpose 
of education, or any other purpose not required for immediate 
use, in any chartered bank of this State, subject to his draft as 
treasurer, and, with the Governor, make such contract with said 
bank for the use of such funds as may be beneficial to the State. 
If, at any time when the legislature is not in session, the Governor 
be of opinion that the safety of the public funds requires it, he 
shall, by his order in writing, direct the treasurer to transfer the 
money held by any depository or depositories, on account of the 
treasury, to any other safe and proper depository or depositories, as 
the treasurer may select, with the approval of the Governor, which 
approval shall be in writing, and shall designate the depository or 
depositories thus selected, and the treasurer shall thereupon trans- 
fer the same as directed; but all such orders shall be duly recorded 



75 THIRD TITLE.— CHAP. 2, ART. 2, SEC. 8. § 199 



Duties of treasurer. 



in the Executive office, and, as soon as possible thereafter, be sub- 
mitted to the legislature, with the reasons therefor. 

11. Use of public funds for private purposes forbidden. The treas- ^g 7 ^ 29 ' 
urer shall not, under any circumstances, use himself, or allow others 

to use, the funds of the State in his hands; and for every violation 
of this section he is liable to the State for the sum of five hundred 
dollars, as a penalty, or a forfeiture of his salary, if said forfeiture 
will pay the penalty incurred. 

No recovery in suit against treasurer on his bond, for interest on funds de- 
posited without executive approval. Same would be violation of this statute, 
for which penalty collectible as provided in section 199 ; bondsmen not liable 
for penalty : 74 Ga. 618. 

12. Payment of salaries in advance forbidden. He is authorized to$ 206 ( 2 )- 
pay all officers of the State, whose salaries are fixed by law, seventy- 
five per cent, of the amount for which service has been actually ren- 
dered at the date of said payment, taking receipts for the same, 
which shall be his vouchers and exhibits to executive warrants for 

said salary; and may also pay members of the General Assembly 
in the same way, where their accounts are duly audited, unless pre- 
vented by the resolution of either or both branches of the General 
Assembly. 

13. Report of State debt. He shall annually report to the Gov- $$200-202. 
ernor the amount of the State debt bearing interest for each year, 
distinguishing between the sterling bonds, if any, and Federal; the 

rate per cent, paid on each kind of bonds, the amount of each rate 
paid; also the exchange, if any; premiums on gold, if any; and the 
aggregate amount of interest paid in each year, and the probable 
amount due and unpaid at each semi-annual payment, and the reasons 
for such non-payment, as far as can be ascertained by him. 

14. Cancellation of bonds and coupons. When he pays the interest $ 201 - 
or principal of the State debt, upon a warrant issued in his favor, he 
shall stamp or mark, in a plain and indelible manner, the coupons or 
bonds on which the payments are made, "paid," and deposit the 
same in the vault of the treasury, to be preserved in the treasurer's 
office with the same care as the funds of the State, subject to the 
order of the General Assembly. 

15. Lapsed appropriations. He shall not pay any appropriation^ 202 ' 465 - 
due and not called for within six months after the expiration of 

the fiscal year for which it is appropriated, but it reverts to the gen- 
eral fund in the treasury. 

16. Reports filed, when. All annual reports required to be made to$$ 157 ' 211 * 
the Governor by the treasurer shall be made on or before the thirty- 
first day of December, and shall be filed in his office, and by him 

laid before the General Assembly, in connection with his first 
annual message thereafter. 



200-202 THIRD TITLE.— CHAP. 2, ART. 2, SEC. 9. 76 

Bond-book and fiscal year. 



Warrants are revocable : 56 Ga. 674. 

Cited : 69 Ga. 329. 

Governor not proper party defendant to suit to enjoin enforcement of exe- 
cution against State treasurer and sureties, sheriff as defendant : 66 Ga. 408. 

Bondsmen not liable for penalty herein provided : 74 Ga. 619. 

As to defenses which may be urged, and judicial interference with enforce- 
ment of fi. fa.: 66 Ga. 408, 409, 429 et seq. 



SECTION 9. 



BOND-BOOK AND FISCAL YEAR. 



Act | 4 4 889 ' §200. Form of bond-book. The dates and. maturity of all bonds and 
$1012. coupons, the authority under which they were issued, by whom ne- 
gotiated, or to whom sold, when negotiated and sold, shall be, as far 
as practicable, incorporated in a bond-book to be provided by the 
treasurer, and the paid and canceled bonds and coupons of this 
State, when paid, shall be pasted in such bond-book in such manner 
that they can, at all times, be referred to and verified. 
Acts^i889, §201. (97a.) Canceled bonds. All bonds, and coupons of bonds, 
JSaaf* w hi cn shall be paid by the treasurer, after having been canceled, 
(14), 304. ghajj b e p a8 ted in the spaces provided in said book, according to their 
respective numbers; and it shall be the duty of the committees of 
the legislature appointed to make examinations of the treasurer's 
office, to make a memorandum by numbers and dates of all past due 
bonds and coupons that are outstanding and unpaid, and report the 
same to the General Assembly, and furnish to the treasurer a copy 
of such memorandum. The treasurer shall exhibit the same to each 
successive committee of each legislature, and such committee shall 
check the same, so as to verify such bonds or coupons as have been 
paid since the date of said memorandum. 
A J;%$ m ' §202. (79 a.) Fiscal year begins, when. The fiscal year in this State 
i99 3 (i3)!' shall commence on the first day of January, and end on the thirty- 

(15) (7) • > 

' ' first day of December, of each year; and all public officers of this 
State shall keep their official accounts in accordance therewith. 



77 THIRD TITLE.— CHAP. 2, ART. 3, SECS. 1, 2. §§203-206 

Of the comptroller-general; election, bond, and rights. Dnties of comptroller. 



ARTICLE 3. 

OF THE COMPTROLLER-GENERAL. 



SECTION 1. 

ELECTION, BOND, AND RIGHTS. 

§203. (98.) Comptroller, election and term. There shall be a comp-.$$5823, 1904. 
troller-general elected by persons qualified, to vote for members of 
the General Assembly, at the same time and in the same manner as 
the Governor. 

§204. (99.) Bond of comptroller. The comptroller-general must -q^^wm 
give a bond, conditioned the same as that of the secretary of State, § 136 - 
for the sum of twenty thousand dollars, subject to the same rules 
and regulations. 

§205. (100.) His rights and duties. His rights and duties are the ^^jfio^ 
same as those of the secretary of State, set forth in sections 178 and *|^J' jjjgj' 
179, except the use of the great seal. He shall receive no perqui- 
sites for any official act, but the fees prescribed shall be collected 
by him and paid into the State treasury. 



SECTION 2. 

DUTIES OF COMPTROLLER. 

§206. (101.) Account of appropriations and other duties. It is more- A cok5%& 
over the duty of the comptroller-general — 'cobbfioai. 

1. Account of appropriations. To keep an account showing the sev- ^?obb 2 i625. 
eral appropriations authorized by law, the time when the same ar e^ 302 " 304 - 
drawn from the treasury, in whose favor and to what fund charged. 

2. Countersign warrants. To examine, check, and countersign all ^obb B io29. 
warrants upon the treasury drawn by the Governor, President, and ^obbfiosi. 
Speaker, and charge the amount thereof to the funds on which they ^li* 861 ' 
may be respectively drawn, previous to their being presented to the sUyQ(12) * 
treasurer for payment. 

3. Audit accounts. To audit all accounts against the State, and 
allow or reject the same before they are submitted to the Governor. 

4. Examination of tax digests. To examine all the digests of tax 
returns forwarded to his office by the several receivers, and note and 
correct all mistakes therein, and notify the collector of such cor- 
rections. 



§207 THIRD TITLE.— CHAP. 2, ART. 3, SEC. 3. 78 

Wild lands. 

5. Settlement with tax-collectors. To settle with the several tax- 
collectors and all other persons indebted to the State, and in all 
cases where payments may be made at the treasury, to give receipts 
for the same, founded on the treasurer's certificates. 
$$924, 189, q Executions against defaulting tax-collectors. To collect all amounts 
due from defaulting collectors of taxes, and issue execution therefor 
against them and their securities. 

Execution not to be issued against party who is not legal tax-collector: 3 
Ga. 233. Execution issued by : 27 Ga. 69. Courts cannot enjoin an execution 
issued by : 46 Ga. 350. 
$$i99(8), 7_ Warrants only on fund appropriated. To see that no draft or 
warrant be countersigned by him to be paid out of any appropriated 
fund, after the same has been exhausted; and in such case, or in 
any case of illegal payments from the treasury upon warrants coun- 
tersigned by the comptroller, he, as well as the treasurer, with all 
their securities, are jointly and severally liable upon their several 
bonds for the repayment of such amounts, with all expenses of 
prosecution, to the State. 

8. Dividends. To issue his draft, payable to the treasurer, for the 
amounts of all dividends or taxes due by chartered banks in this 
State, or by the agencies of foreign banks, and on failure to pay the 
same, to issue execution therefor. 

9. Debts due State. To receive and keep safely and collect all evi- 
dences of debt due to the State from any other source than taxes, 
and pay over the same to the treasurer as soon as received. 

10. Report from solicitors-general. To notify the attorney and so- 
licitors-general, or any other attorney, in his discretion, of all 
executions against defaulting 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. Book of bonds taken. To keep a book in which to enter all 
bonds taken since the third day of March, 1856, and to file the 
originals in his office. 

12. Index to records. To have made suitable indexes to the record- 
books in his office. 

13. Agents, accounts audited. To audit the accounts of all agents 
disbursing public money. 



SECTION 3. 

WILD LANDS. 



Acts^isso-i, §207. (874.) Comptroller to furnish list of wild lands. The comp- 
$$3448, 182. troller-general shall furnish to each clerk of the superior court of 



79 THIRD TITLE.— CHAP. 2, ART. 3, SEC. 4. §§ 208, 209 

Annual report of comptroller to Governor. 

the several counties of this State, a list, such as he has in his office, 
of all the lots of wild lands lying in the county of such clerk, and 
it shall be the duty of the clerk of each county to fully prepare and 
keep a book of record of such wild lands in his county, properly 
indexed, so that the same may be readily referred to. 

Under Act of 1874, comptroller-general could issue tax execution only against 
unimproved land : 73 Ga. 95. Sale under execution against cultivated land was 
void : 73 Ga. 95. 

Improved land listed as wild land, and sold for taxes as such, sale void: 85 
Ga. 603. 

§208. (112.) Shall not speculate in wild lands. He shall not, di-^ 182 * 468 - 
rectly or indirectly, be interested or engaged in the purchase and 
sale of wild lands on speculation, on pain of removal by the Gov- 
ernor or the General Assembly. 



SECTION 4. 

ANNUAL REPORT OF COMPTROLLER TO GOVERNOR. 

§209. (102.) Shall report to the Governor annually. He shall make ^f^ 2 }^ 
a report annually to the Governor, showing — ^obb?io27. 

1. Account current. An account current, from his books, between cobb 8 , 3 i<j32 
the treasurer and the State, of all receipts and payments, including ^obblW 
amounts paid in the drafts of the President and Speaker, as reported ^J ?^}, 
to him by the treasurer. 

2. Taxes paid, in default, etc. A statement of the taxes paid to 
the State by each of the counties, as appears by the digest thereof, 
and the counties whose collectors are in default, and the amount of 
such default. 

3. Claims due State. A statement of all evidences of debt due the 
State and uncollected, 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. 

4. Educational fund. A statement of the educational fund of the 
State, its annual income, the amounts paid out, when and to whom. 

5. Public debt. A statement of the condition of the public debt 
of the State, the amount of interest paid, and the fund from which 
paid. 

6. Disbursing agents. A statement of the accounts of all officers 
and agents disbursing public money, and the names of such as have 
failed to comply with the laws relating to their offices and appoint- 
ments, and the several sums for which they are in default. 

7. Salaries of public officers. The salaries and pay of all officers of 
the State. 



210-218 THIRD TITLE.— CHAP. 2, ART. 3, SECS. 5, 6. 80 

Authority of comptroller. Records of bonds, warrants, and appropriations. 

8. Incidental expenses. The incidental expenses of the General 
Assembly, executive and judicial departments. 

9. All other payments. All sums paid or due to individuals by 
special contract. 



SECTION 5. 

AUTHORITY OF COMPTROLLER. 

§210. (103.) Authority of comptroller. He has authority — 

1. Settle up business of prior years. To settle up the business of 

the office for previous years. 
A p Ct 276 855 ~ 6 ' 2. Allow commissions. To allow receivers and collectors of taxes 
$937. their commissions, and to balance the tax-books and other books of 

the office, upon satisfactory proof of payment or settlement. 

3. Collect unpaid taxes. To collect all unpaid taxes of previous 

years. 

Acts 1878-9, 4. Administer oaths. To administer oaths to all persons in like 

manner as judges of the superior courts and justices of the peace. 

Act i82i, §211. (104 ) May suqqest improvements in revenue laws. In his an- 

Cobb,io24. * v ' 9 ■ m r 

$$i99d6), nual report the comptroller-general shall suggest such improve- 
ments in the revenue laws as his experience and observation may 
approve. His report must be made at the time the treasurer's is, 
and likewise communicated to the General Assembly. 



SECTION 6. 

RECORD OF BONDS, WARRANTS, AND APPROPRIATIONS. 

^Cobtfiosi §212. (105.) Must record appropriations and warrants. He must 
keep in his office a well-bound book in which shall be entered, in al- 
phabetical order, the full amount of all annual appropriations, set- 
ting forth the amounts under their several heads; all warrants that 
he may check and pass, together with the fund on which it is drawn, 
the time, amount, and in whose favor drawn; and make all entries 
necessary to a true exhibit of the finances of the State. 

Acts 1855-6, 8213. (106.) Must record tax collector's and receiver's bonds. He 

p. 276. i 

1873, p. 2i. must keep a book in which to enter all bonds taken of tax collectors 

$$210(3), r 

6829. and receivers, and keep the same on file in his office. He shall col- 
lect all unpaid taxes of previous years. 



81 THIRD TITLE.— CHAP. 2, ART. 3, SECS. 7, 8, 9. §§ 214-218 

Seal, copies of records, and clerk. Settlement with successor. Report to General Assembly. 

SECTION 7. 

SEAL, COPIES OF RECORDS, AND CLERK. 

§214. (107.) Must give copies of papers. He must certify under his 
official seal, at all times when necessary for the public use, and on 
application and payment of his legal fees therefor, for private use, 
copies of any papers kept in his office. 

§215. (108.) Official seal of the comptroller. The seal of the comp- A p ct f 2 1870 ' 
troller-general's office is as follows: Circular in form, one and a half 
inches in diameter, made of brass, with a human hand holding a pen 
in the attitude of writing, in the center, surrounded by the words, 
"Comptroller-General's Office, State of Georgia." 

§216. (113.) May appoint and remove clerk. He is allowed a clerk, ^j Ct | 6 1862 " 3 ' 
to be appointed and removable by him; and such clerk shall receive ^si' p-250 ' 
an annual salary of sixteen hundred dollars. 



SECTION 8. 

SETTLEMENT WITH SUCCESSOR. 

§217. (109.) Must settle with successor. If the comptroller resigns, § 13 ?- 
or is removed, he must immediately state his account and deliver 
everything pertaining to his office to his successor; or if he dies, ab- 
sconds, or absents himself for as long as thirty days without the 
Governor's permission, the Governor may, without delay, declare the 
office vacant, supply his place by appointment, examine the condi- 
tion of his office, and deliver over to the appointee. 



SECTION 9. 

REPORT TO GENERAL ASSEMBLY. 



§218. (111.) His report and what it must contain. The comptroller- A ctsj859, 
general must make out, for the use of the General Assembly — ^KeY' 

1. Taxable property. A table containing the taxable property and to- 
other items on the tax digest of each county for the year in which he 
makes his annual report. 

2. Other items. 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 

6 



§§219-221 THIRD TITLE.— CHAPTER 2, ARTICLE 4. 82 

Of the attorney-general. 

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 the total amount of net tax paid into the treas- 
ury 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 annual 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 railroad stocks or bonds, or other assets; the 
State Road to be reported without any stipulated value. Such offi- 
cers are authorized to make such transfers or alterations on their 
books as are necessary to comply with the preceding section. The 
items "Darien Bank bills," "Western and Atlantic Railroad scrip," 
and uncurrent funds hitherto reported, must be sealed up, remain 
in the treasury, and be left out of all future annual reports of said 
officers. 



ARTICLE 4. 

OF THE ATTORNEY-GENERAL. 

$5860. §219. (367.) How elected. There shall be an attorney-general of 

the State, who shall be elected by the people, at the same time, for 
the same term, and in the same manner as the Governor. 

Act 1799, §220. (369.) Duties, etc. It is the duty of the attorney-general 

$4933. ' when required so to do by the Governor — 

Acts 1873, 1. Written opinion. To give his opinion in writing, or otherwise, 
on any question of law connected with the interests of the State , or 
with the duties of any of the departments. 

2. Preparation of contracts. To prepare all contracts and writings 
in relation to any matter in which the State is interested. 

3. Attends trial of what cases. To attend, on the part of the 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 to 
which the State is a party. 

$4933. ^ j n g U p reme Court. It shall be the duty of the attorney-general 

to act as the legal adviser of the Executive Department, to represent 
the State in the Supreme Court in all capital felonies, and in all 
civil and criminal cases in any court when required by the Governor, 
and to perform such other services as shall be required of him by law. 
§221. (370.) May be required to attend circuits. 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 



83 THIRD TITLE.— CHAPTER 2, ARTICLE 4. § 222 

Of the attorney-general. 

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. 

§222. (371.) Comptroller-general may require his services. It is in 
the discretion of the comptroller-general to require the attorney-gen- 
eral, when the services of a solicitor-general are necessary in collect- 
ing or securing any claim of the State, in any part of the State; 
either to command the services of said attorney-general in any and 
all of such cases, or of the solicitors-general in their respective cir- 
cuits. 

General Note. — Attorney-general cannot bind State by settling tax execu- 
tions in litigation, at less than full amount: 66 Ga. 403. 

Cannot compromise debt due the State : 70 Ga. 11. 

Attorney-general's appearance by demurrer for sheriff, in suit to enjoin en- 
forcement of Governor's,/?, fa. against treasurer, etc., sufficient representation 
of Governor: 66 Ga. 408. 



223 FOURTH TITLE.— CHAPTER 1, ARTICLE 1. 84 



General regulations as to all officers and offices; eligibility, qualifications, commissions, vacancies, etc. 

FOUBTH TITLE. 

General Regulations as to All Officers and Offices, 



CHAPTER 1 



OF ELIGIBILITY, QUALIFICATIONS, AND COMMISSIONS OF OFFICERS, AND 

VACATION OF OFFICES. 



ARTICLE 1. 

ELIGIBILITY AND QUALIFICATION. 

A CobD 8 366 §223. (129.) Persons ineligible; de facto officers. The following per- 

A CobD 2 lo9 sons are ne ld and deemed ineligible to hold any civil office in this 

$ 574i 8 5754°' State, and the existence of either of the following states of facts is 

242 - a sufficient reason for vacating any office held by such person, but 

the acts of such person, while holding a commission, are valid as the 

acts of an officer de facto, viz.: 

One's right to, when colorably in, tested by quo warranto: 7 Ga. 473. Sher- 
iff giving no bond, yet is a good officer de facto: 9 Ga. 314. De facto officer pre- 
sumed right : 5 Ga. 239. Acts of a de facto deputy-sheriff held right : 11 Ga. 
423. Acting notoriously as a public officer is prima facie evidence that he is 
such : 14 Ga. 185 ; 21/217. One acting by color of appointment : 20 Ga. 746. 
Notary public de facto: 44 Ga. 454. When county commissioners are officers 
de facto: 52 Ga. 234. Town officers: 63 Ga. 527. 

Constable appointed by justice of peace to fill vacancy, who acted without 
taking oath and giving bond, is officer de facto, and acts valid : 67 Ga. 725. 

De facto board of education competent to act: 72 Ga. 546. 

Court has prescribed jurisdiction, although judge merely de facto: 93 Ga. 1, 

City-court judge appointed and qualified during recess of Senate, judge de 
facto: 93 Ga. 1. 

When a court was abolished, the judge ceased to be an officer even de facto: 
70 Ga. 547. 

$vS6oao, 5737, i. Non-residents and minors. Persons who are not citizens of this 

loll . 

State, nor of the age of twenty-one years or upwards. 
$$5740,5738. 2. Holders of public money. All holders or receivers of publio 
money of this State, or any county thereof, who have refused when 
called upon, or failed after reasonable opportunity, to account for 
and pay over the same to the proper officer. 



85 FOURTH TITLE.— CHAPTER 1, ARTICLE 1. §§224-226 

Eligibility and qualification. 

3. Persons convicted of crime. Any person convicted and sentenced § 5738 - 
finally for any felony, under the laws of this or any other State, 
involving moral turpitude, the offense 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. 

4. Holding other offices. Persons holding any office of profit or^ 5754 - 
trust under the government of the United States (other than that 

of postmaster), or of either of the several States, or of any foreign 
state. 

5. Insane persons. Persons of unsound mind, and those who, from$i8i2. 
advanced age or bodily infirmity, are unfit to discharge the duties 

of the office to which they are chosen or appointed. 

6. Denizens. Those who have not been inhabitants of the State, 
county, district or circuit for the period required by the Constitution 
and laws of this State. 

7. Must be citizen of county. No person shall be eligible to hold§ 5929 - 
any county office in any county of this State, unless he shall have 
been bona fide a citizen of the county in which he shall be elected 

at least two years prior to his election, and is a qualified voter. 

8. Constitutional privileges. All persons from any cause constitu- ^ 5929 ' 1808 
tionally disqualified. All officers are eligible to re-election and re- 
appointment, and to hold other offices, unless expressly declared to 

the contrary by the Constitution or laws. 

Section cited : 58 Ga. 517. 

Right of judge to hold office not made in case tried before him, and decision 
excepted to : 93 Ga. 34. 

§224. Only one county office to be held. No person shall hold, in any Acts isoo-i, 
manner whatever, or be commissioned to hold at one time, more $H\ 5jg°> 
than one county office, except by special enactment of the legisla- 1808 - 
ture heretofore or hereafter made; nor shall any commissioned offi- 
cer be deputy for any other commissioned officer, except by such 
special enactment. 

§225. (131.) Failing to obtain commission. Persons who, after an$ 229 ^ 
election, fail to comply with all the prerequisites of the law in order 
to obtain commissions or certificates to discharge the duties of the 
office, are ineligible to re-election at the election held, by reason of 
such failure, for the same office. 

§226. (132.) Officers of this State must reside therein, hold until sue- ^ ct ? 7 1851 " 2> 
cessor is qualified, and keep seal. All officers of this State must reside *t£%^ 7, 
therein, at such places as are designated by law, and discharge the 230 ' 5505 - 
duties of their office until their successors are commissioned and 
qualified; and all officers whose certificate of records or other papers 
are admissible in evidence in any court in this State must have and 
keep an official seal. 



227-229 FOURTH TITLE.— CHAPTER 1, ARTICLES 2, 3. 86 

How commissioned. Vacancies. 

Section cited: 58 Ga. 517. 

Commercial notary holds until successor appointed : 74 Ga. 416. 

Ordinary not required to have seal in 1851 : 80 Ga. 505. 



ARTICLE 2. 

HOW COMMISSIONED. 

$$184,121, §227. (133.) What officers must be commissioned under the great seal. 
The following officers must be commissioned, with the great seal of 
the State annexed thereto, signed by the Governor, and counter- 
signed by the secretary of State, viz.: Senators and representatives 
in Congress, judges of the Supreme and superior courts, attorney 
and solicitors general, reporter of the Supreme Court, secretary of 
State, treasurer, and comptroller-general, and all military officers 
of the grade of general, either of division or brigade. Those of all 
Federal or judicial officers above enumerated must be on parch- 
ment. 

$$142,121. §228. (134.) What officers commissioned under Executive seal. All 
other civil officers of the State or county shall be commissioned un- 
der the seal of the Executive Department, signed by the Governor, 
and countersigned by one of his secretaries, except constables, whose 
election shall be certified by the ordinary; and such certificate shall 
operate as their commission. All officers of the militia of volunteer 
companies, battalions or regiments, regularly incorporated (of the 
grade of lieutenant or higher), shall have commissions under the 
seal of the Executive Department. 

The Governor's commission is only prima facie evidence of title: 8 Ga. 360, 



ARTICLE 3. 

VACANCIES. 



$$267,133. §229. (135.) Offices, how vacated. All offices in the State are va^ 
cated — 

When a court is abolished, the judge ceases to be an officer: 70 Ga. 547. 

1. Death. By the death of the incumbent. 

2. Resignation. By resignation, when accepted. 

3. Judgment. By decision of a competent tribunal declaring the 
office vacant. 

4. Incapacity. By voluntary act or misfortune of the incumbent, 
whereby he is placed in either of the conditions specified of ineligi- 



$223. 



87 FOURTH TITLE. —CHAPTER 1, ARTICLE 4. §§230,231 

Resignations. 

bility to office, which shall operate from the time the fact is ascer- 
tained and declared by the proper tribunal. 

5. Removal. By the incumbent ceasing to be a resident of the ^26, 223 
State, or of the county, circuit or district for which he was elected. 

In the first case the office shall be vacated immediately; in the latter 
cases, from the time the fact is judicially ascertained. 

6. Failing to obtain commission. By failing to apply for and obtain $$225,251. 
commissions or certificates, or by failing to qualify or give bond, or 
both, within the time prescribed by the laws and Constitution. 

A valid statutory bond by a tax-collector: 11 Ga. 207. Bond not given in 
time, yet valid as a common-law bond: 1 Ga. 574; 9/314. Official common- 
law bonds enforced as at common law : 3 Ga. 499. Office not forfeited by not 
giving bond and making oath in time : 44 Ga. 501. Sheriff failing to give other 
security cannot exercise the office : 46 Ga. 635. 

7. Abandonment. By abandoning the office and ceasing to perform 
its duties, or either. 

County treasurer abandoning office : 65 Ga. 553. 

§230. (138.) Term of officers to fill vacancies. In all cases where jA p ct f 2 1872 ' 
the office of Governor, senators or representatives, judge of the $||j*' *j|jj' 
Supreme Court, judge of superior court, attorney-general, solicitor- 45L 
general, secretary of State, treasurer, comptroller-general, survey- 
or-general, ordinary, sheriff, clerk of the superior court, tax-col- 
lector, tax-receivers, county treasurer, county surveyor, or coroner, 
or either of them, shall become vacant by resignation, death or the 
removal of the officer before the expiration of his term, the successor 
to said officer shall be elected or appointed only for the remainder 
of said unexpired term. 



ARTICLE 4. 

RESIGNATIONS. 



§231. (136.) Resignation of the Governor. The resignation of the^ 5811 - 
Governor must be transmitted by him to the General Assembly, if 
in session; if not in session, to the secretary of State, who must on 
the same day notify the President of the Senate. If the office be- 
comes vacant by death, or any other cause, when the General As- 
sembly 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 capital and 
take the oath of office before any judge of the Supreme or judge 
of the superior court, and the General Assembly, if in session; which 
fact shall be entered on the minutes of the Executive Department. 
If he does not so appear in said time, he shall be considered as hav- 



232-236 FOURTH TITLE.— ARTICLE 5. CHAPTER 2. 88 



Annual reports. Official oaths. 



ing 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 
Representatives, and the proceedings shall be the same. 
$|4238,435o, §232. (137.) What officers report their resignation to the Governor. 
The resignation of senators and representatives in Congress, and 
members of the General Assembly, and of all officers whose com- 
missions issue from the office of secretary of State or the Executive 
Department, and whose places may be supplied by executive ap- 
pointment, shall be made to the Governor. 



ARTICLE 5. 

ANNUAL REPORTS. 

$ 364 2 46o?' §233. (79 a.) Annual reports. There shall be a year for official reports 
distinct from the fiscal year; said official-report year to include the 
twelve months ending thirty days next preceding the regular meet- 
ing of the General Assembly; and all the public officers of this 
State shall make and publish, annually, their official reports in 
accordance with the official-report year herein provided for. 



CHAPTER 2. 

OFFICIAL OATHS. 

^SKi?' §234. (139.) Additional oath of public officers. All public officers, 
besides the oath of office and the oath prescribed by the Constitution 
(if any), shall swear that he is not the holder of any public money 
due this State, unaccounted for; that he is not the holder of any 
office of trust under the government of the United States (except 
postmaster), nor either of the several States, nor of any foreign 
state, and is otherwise qualified to hold said office according to the 
Constitution and laws of Georgia, and will support the Constitution 
of the United States and of this State; and, if elected by any circuit 
or district, that he was a resident thereof for the time required by 
the Constitution and laws (stating the time). 

$$121,244. g 2 g 5 (140.) Form of oath to he sent with dedimus. The form of 
said oath, as well as the oath of office, to be taken and subscribed, 
must be forwarded with the dedimus potestatem, and be taken and 
subscribed at the time of receiving the commission, before the officer 
to whom the same is directed, and in conformity to the directions. 

§121- §236. (141.) Official oaths, before whom taken. When not other- 

wise provided by law, and not directed in the dedimus potestatem, the 



89 FOURTH TITLE.— CHAPTER 2. §§237-242 

Official oaths. 

oaths of office may be taken before any officer authorized by law to 
administer an oath. Such oaths must be written out and subscribed 
by the person taking them, and accompanied by the certificate of 
such officer specifying the day and year when taken. 

§237. (142.) Official oaths must be filed in Executive office, when. 
Such oaths, when taken by an officer whose general duties are not 
confined to any one county (unless otherwise specially provided), 
must be filed, with the certificate required by the preceding section, 
in the Executive office; and when taken by an officer whose duties 
are confined to one county, as provided in the next section. 

§238. (143.) Official oaths filed in ordinary's office, when. When 
taken by the ordinaries and the clerks of the superior courts, they 
must be filed in the office of the clerk of the superior 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 ordinary, 
and must be entered on the minutes of the superior courts; and 
when taken by coroners, tax collectors or receivers, county treasurer, 
justices of the peace or constables, or any other county officer, they 
must be filed in the office of the ordinary, who must enter them on 
the minutes of his court. 

§239. (144.) Official oaths, time of filing. The officer in whose office $250. 
such oaths are filed must indorse thereon the day and year of filing. 

§240. (145.) Oath of deputies. All deputies, before proceeding to $259. 
act, must take the same oaths as their principals take, which must 
be filed in and entered on the minutes of the same office, and with 
the same indorsement thereon; but these provisions do not apply to 
any deputy who may be employed in particular cases only. 

Constable made a de facto deputy-sheriff: 61 Ga. 272. 

§241. (146.) Failure to file official oath. No officer or deputy, re- §252. 
quired by law to take and file such oaths, shall enter upon the duties 
of his office without first taking and filing the same in the proper 
office. 

§242. (147.) Official acts of officers valid, when. The official acts of $223. 
an officer are not the less valid for his omission to take and file the 
oath, unless in cases where so specially declared. 

A de facto deputy-sheriff: 61 Ga. 272. 

Constable is officer de facto, and his acts valid although he has not taken 
oath and given bond : 67 Ga. 725. 



243-246 FOURTH TITLE.— CHAPTER 3, ARTICLES 1,2. 90 

Official bonds and sureties thereon ; execution and approval. Sureties on bonds. 

CHAPTER 3. 

OFFICIAL BONDS AND SURETIES THEREON. . 



ARTICLE 1. 

EXECUTION AND APPROVAL. 

$|2,4(7), §243. (148.) Official bonds, to whom, payable. The bonds of all 
public officers required by law to give bond, unless otherwise pro- 
vided, must be made payable to the Governor of the State of Geor- 
gia and his successor in office, with such sureties as the approving 
court or officer is satisfied are sufficient, and conditioned, in all cases 
in which a di Terent condition is not prescribed, faithfully to dis- 
charge the duties of such office during the time he continues therein 
or discharges any of the duties thereof. 

Bond passes to successor without assignment : 1 Ga. 574 ; 15/423. Payable 
rightfully to the Governor: 2 Ga. 371. Public officers defined : 33 Ga. 332. 

State depositories are not public officers in the sense of this and following 
sections: 72 Ga. 501. 

§$4240(3), §244. (149.) Official bond, sent with dedimus. Official bonds of all 
officers who are entitled to commissions from the Governor, and who 
are required to give bonds, must be prepared and furnished by the 
Executive Department at the time of forwarding the dedimus potes- 
tatem. 

§245. (150.) Official bonds must be approved. The approval of all 
official bonds shall be in writing, indorsed on the bond, and should 
show the day and year on which the same were approved, and shall 
not be filed until thus approved. 

Dedimus potestatem to ordinary does not authorize him to take a county 
treasurer's bond with the condition that the sureties are not to be bound till 
others sign : 70 Ga. 497. 



ARTICLE 2. 

SURETIES ON BONDS. 

Acts 2 i863-4, §246. (151.) Sureties on official bonds. Such bonds shall not be 
J^89 P 4 (?) approved by the approving officers unless they have at least two good 
and solvent sureties (who shall be worth the amount of said bond, 
over and above the homestead, in case of county officers), and not 
more than twenty, all of whom must be permanent residents of the 
State, and two also of the county, and freeholders thereof. When 



91 FOURTH TITLE.— CHAPTER 3, ARTICLES 3, 4. §§ 247-251 

Power of attorney. Filing official bonds. 



said approving officers do not of their own knowledge know that a 
surety is worth enough to enable them to accept him, they shall not 
take him unless he swears to his means, and it is satisfactory, of 
which swearing they shall make a minute on the bond. 

§247- Guarantee companies may become surety on bonds of officers, ^f^ 889. 
Guarantee or security companies incorporated under the laws of$ 2141 - 
this State may become security upon the bonds of all State or county 
officers, and the various officers of this State, whose duty it is to ap- 
prove the sureties upon such bonds, are authorized to accept such 
company or companies as one of the sureties or the only surety upon 
such bond as the solvency of such company may warrant. 

§248. (152.) Officers shall not be surety for each other. No attorney A p ct f 3 1876 ' 
at law or county officer shall be received as security on the bond of 
any county officer. 



ARTICLE 3. 

POWER OF ATTORNEY. 



§249. (153.) Attorney in fact may execute official bond. When an 
official bond is signed by an attorney in fact, the power of attorney 
must be attested by the ordinary and filed and recorded as the bond is. 



ARTICLE 4. 

FILING OFFICIAL BONDS. 

§250. (154.) Within what time official bonds must be filed. The $239. 
official bonds of public officers, required by law to be filed in the 
office of comptroller, secretary of State, or Executive Department, 
must be filed therein within forty days after the election or appoint- 
ment of such officer; when in the office of the clerk of the superior 
court or ordinary, within thirty days therefrom; in all other cases 
within twenty days therefrom. 

The office is not avoided because bond not filed within time : 44 Ga. 501-504. 

§251. (155.) Failure to file official bond . When any officer of whom $229 (6). 
bond is required fails to make and file the same as prescribed in the 
preceding section, it 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. 



§§ 252-256 FOURTH TITLE.— CHAPTER 8, ARTICLE 5. 92 

Bonds; how far, and for what, binding. 

$ 241 - §252. (156.) Acting before filing bond. No public officer required 

by law to give bond shall perform any official act before his bond is 
approved and filed as required. 

Cited, to show that a bank which is a State depository is not a public officer: 
72 Ga. 509. 

§253. (157.) Indorsement on official bond. Every officer in whose 
office the official bond of any public officer is filed, must indorse on 
such bond the day and year when the same was filed, and sign his 
name to such indorsement. 

§254. (158.) Notice of failure to file bond. If any public officer re- 
quired by law to give bond fails to file the same, within the time 
hereinbefore prescribed, in the proper office, notice of such failure 
must be given by the officer in whose office such bond is required to 
be filed, by 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 failure, to the attorney or solicitor general of the circuit. 

§255. (159.) Penalty for failure to mark-file and give notice. Any 
officer whose duty it is to mark-file the bond and to give the several 
notices required in this Article and failing to do so, without good and 
sufficient excuse therefor, shall, on information rendered and cita- 
tion to appear before the superior court of the county of his residence, 
be fined as for a contempt in the discretion of the court. 



ARTICLE 5. 
bonds; how far, and for what, binding. 

^m'UP' §256. (160.) Official bonds obligatory . Every official bond executed 
under this Code is obligatory on the principal and sureties thereon — 
1. For any breach of the condition during the time the officer con- 
tinues in office or discharges any of the duties thereof. 

$260. 2. For any breach of the condition by a deputy, although not ex- 

pressed, unless otherwise declared by law. 

3. For the faithful discharge of any duties which may be required 
of such officer by any law passed subsequently to the execution of 
such bond, although no such condition is expressed therein. 

$262. 4 jr or the use and benefit of every person who is injured, as well 

by any wrongful act committed under color of his office as by his 
failure to perform, or by the improper or neglectful performance of 
those duties imposed by law. 

A plaintiff in error injured by negligence of clerk of superior court may re- 
cover of him personally, or on official bond : 73 Ga. 106. 

For illegal removal of stranger to writ of possession, sheriff liable : 81 Ga. 716. 



98 FOURTH TITLE.— CHAPTER 3, ARTICLES 6, 7. §§257-260 

Bonds to be recorded. Bond of deputy. 

Liable in damages for failing to perform, or negligent performance of duties, 
allegations here sufficient : 66 Ga. 203. 

No recovery against sheriff needed before suit on his bond : 81 Ga. 716. 



ARTICLE 6. 

BONDS TO BE RECORDED. 

§257. (161.) Official bonds, by whom approved and recorded. The 
official bonds of the clerks of the superior court, of sheriffs, coro- 
ners, county surveyors, county treasurers, tax collectors and re- 
ceivers, given for county taxes, must be approved by the ordinary 
and filed in his office, and by him recorded. The bonds of tax col- 
lectors and receivers for State taxes, after being likewise approved, 
must be recorded by the ordinary, and the original bond must be 
by him transmitted to the Governor for deposit in the comptroller* 
general's office. 

Ordinary acts ministerially, as public agent, in accepting the bond and can^ 
not make private arrangement with sureties whereby delivery is conditional: 
70 Ga. 496. 

§258. (162.) Ordinary must certify to the Governor . Such ordinary 
must sign a certificate to the Governor, stating that the clerks of 
the superior courts, the sheriffs, coroners, and county surveyors 
have taken the oaths and given the bonds sent from the Executive 
Department, together with a statement of the dates, amounts, and 
names of the sureties of each, and that they have delivered to them 
their commissions; which shall be attested by the clerk of said 
court, and by him immediately transmitted to the Governor. 



ARTICLE 7. 

BOND OF DEPUTY. 

§259. (163.) Bond of deputy, to whom payable. When deputies W«, 
give a bond, they must be payable to their principals, with surety, 
conditioned as theirs are, for their conduct as deputies, for the same 
amounts, and must be recorded in the same office and in the same 
manner as the bonds of the principals. 

Surety on deputy's bond can make any defense that principal could have 
made : 13 Ga. 389. 

§260. (164.) Deputy suable same as principal. It shall be at the ^S 1 ^ 4378, 
option of any person who claims damages of any principal officer for 



261-263 FOURTH TITLE.— CHAPTER 3, ARTICLES 8, 9. 94 

Satisfaction and discharge of bonds. Informalities do not vitiate bonds. 



the act of his deputy, to sue said deputy's bond instead of his, in the 
same manner as the principal's bond may be sued. 

When not, as to deputy-sheriff: 59 Ga. 180. 



ARTICLE 8. 



SATISFACTION AND DISCHARGE OF BONDS. 



A Cobb!502. §261. (165.) Bond, ivhen discharged. Such bonds are not dis- 

$ 5345 - charged by a single recovery, but proceedings may be had from time 

to time, until the whole penalty is exhausted, against the officer and 

his sureties, or either, and said bonds are joint or several, whether 

so set forth or not. 

There can be only one recovery on a common-law bond : 3 Ga. 499. When 
the penalty of sheriff's bond is exhausted : 8 Ga. 570. Sheriff not required to 
follow the requirements of an unconstitutional act, as defense to a suit on his 
bond: 12 Ga. 36. 

^12?4 9 (7 2 ) 56 ' §262. (166.) Officer liable though penalty exhausted . When the pen- 
alty is exhausted, the officer himself shall still be liable, and upon 
the same measure of damages as upon his bond, and he 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, hav- 
ing given one, it is invalid in whole or in part. 



ARTICLE 9. 

INFORMALITIES DO NOT VITIATE BONDS. 

m (7), is, §263. (167.) Bonds valid though not in conformity to law. When- 
ever any officer, required by law to give an official bond, acts under 
a bond which is not in the penalty payable and conditioned, nor ap- 
proved and filed as prescribed by law, such bond is not void, but 
stands in the place of the official bond, subject, on its condition 
being broken, to all the remedies, including the several recoveries, 
which the persons aggrieved might have maintained on the official 
bond. 

Official bond not conforming to statute requiring it: 1 Ga. 574; 3/499. 
When only enforceable according to common-law rules: 3 Ga. 499. Section 
cited and construed : 56 Ga. 292. 

This provision not applicable to State treasurer's bond ; statutory provi- 
sions must be strictly complied with : 66 Ga. 409. 

Does not apply to bond of State depository : 72 Ga. 512. 

Tax-collector elected January 1st, bond given July 23d, not void : 73 Ga. 665 ; 
citing 44 Ga, 501 ; distinguishing 66 Ga. 408. 



95 FOURTH TITLE.— CHAPTER 3, ARTICLES 10, 11, 12. §§ 264-266 

Measure of damages on bonds. Provisions applicable to all official bonds. Sureties, how relieved. 

Misnomer, in name of decedent, in administrator's bond, not render bond 
void : 85 Ga. 555. 

Filling in blank bond with amount of penalty, not release sureties already 
subscribed : 94 Ga. 37. 



ARTICLE 10. 

MEASURE OF DAMAGES ON BONDS. 

§264. (168.) Measure of damages. The measure of damages upon *^5?f stSS?" 
all official bonds for the misconduct of the officer, unless otherwise 
specially enacted, 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 ac- 
tually 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. 

Measure of damages is the injury sustained: 6 Ga. 244. Is the amount of 
the execution : 7 Ga. 445. But see 17 Ga. 521-624. Sheriff's bond only recov- 
erable on, to the extent of the party's damage: 17 Ga. 522. Constable's 
bond, the measure of damages on, is the injury sustained: 17 Ga. 624-632. 
Suit on sheriff's bond : 34 Ga. 177. Penalty only recoverable from the security 
on the bond : 59 Ga. 205. 

See notes on bonds of sheriff and other officers. 



ARTICLE 11. 

PROVISIONS APPLICABLE TO ALL OFFICIAL BONDS. 

§265. (169.) This and the preceding Article apply to all official bonds, ^tif. 5345, 
All the provisions of this Chapter apply to the oaths of office and 
the official bonds of all public officers of this State, or those whose 
office may be established hereafter, unless the contrary is expressly 
provided. 



ARTICLE 12. 

SURETIES, HOW RELIEVED. 

§266. (170.) Sureties, how relieved. When the surety to any bond, ^^him 
given by any officer for the performance of any public duty, shall 
give notice, in writing, to the Governor, of his desire to be relieved 
from future liability, for good cause therein stated and sworn to (of 
which the Governor shall be the judge), or any such surety shall, in 



§§ 267, 268 FOURTH TITLE .—CHAPTER 4. 96 

Powers of public officers limited. 

the opinion of the Governor, formed upon satisfactory evidence, be- 
come insufficient, it shall be his duty to require of such officer a new 
bond and surety. 

Discharged surety released from future liability ; the substituted one liable 
for the future and the past liability: 1 Ga. 84. Decree against guardian on 
his bond is prima facie evidence against his security : 1 Ga. 356. Outgoing 
sheriff's surety on bond liable only for sheriff's acts while in office : 2 Ga. 248. 

$229. §267. (171.) Officer failing to give new bond ivhen required. If any 

officer shall fail to comply with such requisition within ten days 
from the date he is served personally with a copy of the executive 
order containing such requisition, he is, by such failure, removed 
from office and a vacancy declared. 



CHAPTER 4. 

POWERS OF PUBLIC OFFICERS LIMITED. 

85°Ga §268. Powers of public officers. Powers of all public officers are de- 

$$ 3 ' 7 - fined by law, and all persons must take notice thereof. The public 

cannot be estopped by the acts of any officer done in the exercise of 

a power not conferred. 

What officers cannot authorize they cannot ratify : 85 Ga. 734. 

The public cannot be estopped by illegal action or non-action of officers : 
92 Ga. 549. 

No statute of limitations or prescription can abridge the powers of the 
State : 93 Ga. 73. 

An illegal license to use the streets revocable : 93 Ga. 68. 

Permission on part of city to obstruct public street is void and should be 
revoked : 86 Ga. 756. 

Persons dealing with a public agent must take notice of the extent of his 
powers at their peril : 86 Ga. 758. 

Where a power to consent actually exists the city may be estopped to 
revoke a previously granted permission : 86 Ga. 758; 93/68. 

The Governor has no authority to compromise or release a debt due to the 
State: 70 Ga. 112. 

Public not liable for torts of public agents : 62 Ga. 290. 

Action of public officers should be proved by records, or the records 
accounted for : 62 Ga. 532. 

Attorney-general cannot settle a tax execution for less than the face 
thereof: 66 Ga. 403. 

Such authority must come from the State in order to make the settlement 
valid : 66 Ga. 403. 

De facto officers are recognized from necessity, and on consideration of pub- 
lic policy only : 74 Ga. 416. 

Courts are slow to accept ignorance of law for official misconduct : 
73 Ga. 235 (lb). 

Prescription does not run against State in any case : 67 Ga. 760. 



97 FOURTH TITLE.— CHAPTER 5. §§ 269-273 

Of delivery of books and property to successors. 

CHAPTER 5. 

OF DELIVERY OF BOOK8 AND PROPERTY TO SUCCESSORS. 

§269. (172.) Officer must deliver books, etc., to successor. When any$$^' 156 > 
office is vacated, it is the duty of the incumbent, on demand 
made, to deliver all books, papers and other property appertaining 
to the office, to his qualified successor. 

§270. (173.) Other persons having office property. If a vacancy oc-S 4238 ^- 
curs by death, or the incumbent is not to be found at the time of 
demand made, it is the duty of any person having possession or con- 
trol 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. 

Courts will not go behind new officer's commission : 44 Ga. 501. 

§271. (174.) Proceedings against person in possession of, and refusing Acts 1853-4, 
to deliver, office and contents. If any person neglects or refuses so to 
do, after demand made, the successor shall make complaint to the 
ordinary of the county, or to the judge of the superior court of the 
circuit in which the person refusing resides, or, if neither can be had, 
the judge of the superior court of an adjoining circuit, and if such 
officer is satisfied, from the 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. 

§272. (175.) Persons failing to comply with the order, hoiv punished. 
At the time so appointed, or at any other time to which the. matter 
may be adjourned, a copy of such order having been personally 
served on the person so refusing, such officer must proceed to inquire 
into the circumstances, and if it appears that such books and papers 
are withheld, he must order the same delivered up instanter to said 
successor, and on failing 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 com- 
mit him to jail, there to remain until he complies with said order, 
or is otherwise discharged by course of law. At the same time, in 
the same way, he shall command said officer to search such places 
for them as may be designated in such warrant, and to seize and 
bring them before him or some other officer authorized to preside, 
and being so brought and appearing to belong to said office, he shall 
cause them to be delivered to the successor. The payment of costs 
are in the discretion of the court. Said proceedings do not interfere 
with the provisions of the Penal Code on this subject. 

§273. (176.) Officers retiring must deliver books to successors. All 
judicial or ministerial officers or State's attorneys, who by law are 

7 



§§274-280 FOURTH TITLE.— CHAPTER 6. 98 

Inventory annually to be made. 

entitled to receive from the State any books, pamphlets or other 
documents, upon retiring from office must deliver them over to 
their successors, and from one successor to another. 
^ u - §274. (177.) Penalty for failure to deliver books to successor. On 

failure to deliver such books, after demand made by incoming of- 
ficer, he is liable for three times the first cost thereof, 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 officer so detaining is 
subject to suit and recovery (in a court having jurisdiction) by the 
successor in the name of the State for his use. 



CHAPTER 6. 

INVENTORY ANNUALLY TO BE MADE. 

Acts 1882-3, §275. Annual inventory of public property. All State and county 
officers, on or before the fifteenth day of January of each year, shall 
make a complete inventory on oath of all the public property in 
their charge, and shall enter the same in a book kept for that pur- 
pose. 

Act i26 882 ' 8 ' §276. Successor's receipt and record of same. When any officer shall 
vacate his office, he shall take a receipt from his successor for all 
property turned over to said successor, which receipt shall be entered 
in said book, and he shall satisfactorily account to the proper au- 
thority for any not turned over. 

§277. Successor's duty. Every officer, within three months after 
taking charge of his office, shall examine the inventories of his pred- 
ecessor, and make a report upon the same to the proper authority, 
especially reporting each article and its value not turned over or 
satisfactorily accounted for. 

§278. Unserviceable property sold. When any public property shall 
become unserviceable, it may be sold or otherwise disposed of, by 
order of the proper authority, and an entry of the same shall be made 
in said book, and the money received therefrom shall be paid into 
the treasury. 

$ 5879 8 ' 5930 ' §279. " Proper authority ." The "proper authority" referred to in 
this Chapter is the Governor of the State, for all officers of the State; 
and the county commissioners, or other officers having charge of 
county matters, for all officers of the county. 

^^g 882 " 3 ' §280. Public officer liable to ride. Any public officer who shall 
$4774. violate any one or more of the provisions of this Chapter, shall be 
liable to be ruled by the proper authority, as aforesaid, in the su- 
perior courts, in the same manner as the sheriffs of the State, and be 



99 FOURTH TITLE.— CHAPTER 7, ARTICLE 1. §§281-288 

Salaries and fees of officers; executive officers. 

subject to an action on his bond for the value of all public property 
not turned over or satisfactorily accounted for: Provided, this and 
the preceding sections of this Chapter shall not be construed to re- 
peal any existing laws for the recovery of public property, or the 
value thereof, or for the punishment of any public officer who shall 
refuse, fail or neglect to turn over or satisfactorily account for the 
same as aforesaid. 



CHAPTER 7. 

SALARIES AND FEES OF OFFICERS. 



ARTICLE 1. 

EXECUTIVE OFFICERS. 

8281. (1689.) Annual salaries appropriated. The various sums of Act s 1865-6, 
. . . PP- n> 12 - 

the annual salaries of all the officers of this State, whose salaries are§ 303 - 

fixed by law, are hereby appropriated annually to pay said officers, 
until they are altered by law. 

§282. (1640.) Salaries of executive officers. The salaries per an- 
num, of such officers, respectively, are as follows: 

The Governor $ 8,000 00 A p ct | 1873 - 

The attorney-general 2,000 00 

The Governor's secretaries, each 1,800 00 

The Governor's messenger 950 00 

The comptroller-general 2,000 00 

The clerk of the comptroller-general 1,60.0 00 

The commissioner of agriculture 2,000 00 

The State treasurer 2,000 00 

The clerk of the State treasurer 1,600 00 

The secretary of State 2,000 00 

The clerk of the secretary of State . 1,000 00 

The State librarian 1,800 00 Ae f 1873 ' 

p. o. 

The assistant librarian 800 00 

§288. (1641.) Pay of the officers whose salaries are not fixed. All Wara.sw*. 
persons employed by the Governor, for whom no compensation is 
prescribed, are paid, according to his discretion, out of the money 
appropriated therefor. If no money is thus appropriated, and the 
employment is indispensable, he has the privilege to pay them out of 
the contingent funds. 



§§284-287 FOURTH TITLE.— CHAPTER 7. ARTICLES 2, 3, 4, 5. 100 

Officers appointed by Governor. Officers of Lunatic Asylum. Legislative officers. Judiciary officers. 

ARTICLE 2. 

OFFICERS APPOINTED BY GOVERNOR. 

§284. (1642.) Salaries. The salary per annum of such officers is aa 
follows: 
Acts 1873, The trustees of the Lunatic Asylum, each $ 150 00 

p. 60. J ' 

The principal keeper of the penitentiary 2,000 00 

The assistant keeper of the penitentiary 1,200 00 

1885-6, p. 16. The bookkeeper and salesman of the penitentiary .... 1,20000 

The tanner of the penitentiary 1,200 00 

The overseer of the penitentiary 800 00 

The physician of the penitentiary 500 00 

The chaplain of the penitentiary 150 00 



ARTICLE 3. 

OFFICERS OF THE LUNATIC ASYLUM. 



§285. (1644.) Salaries. 
The superintendent and principal physician of the Luna- 
tic Asylum $ 2,500 00 

The assistant physician 1,250 00 



ARTICLE 4. 

LEGISLATIVE OFFICERS. 

§286. (1645.) Salaries and fees. 
The secretary of the Senate, per day for each session . . . .$ 60 00 
Aets 1878-9, The clerk of the House of Representatives, per day for each 

». session . . . 70 00 

The fees of said officers are — 
For every extract of a private nature, per copy sheet .... 15 

For certifying an extract of a private nature 50 

For certifying an act for the benefit of an individual, or cor- 
poration, or society 3 00 



ARTICLE 5. 

OFFICERS CONNECTED WITH THE JUDICIAL DEPARTMENT. 

§287. (1646.) Salaries of judges and solicitors-general. The salaries 
per annum of such officers are as follows: 



101 FOURTH TITLE.— CHAPTER 7, ARTICLE 5. § 288 

Officers connected with the judicial department. 

The judges of the Supreme Court, each ; .$ 3,000 00 

The reporter of the Supreme Court 2,000 00 

The judges of the superior courts, each 2,000 00 A p ct ? 5 ^ 78 * 9 ' 

The solicitors-general of the several circuits, each .... 250 00 1871 " 2 ' p * 8 * 

The fees of such officers for civil matters are as follows: 

1. Solicitor-general — 

For each proceeding to enforce a recognizance 5 00 

For every amount collected on such proceedings .... 5 per cent. 
For every proceeding instituted to forfeit a charter . . . 100 00 

For plain collections for the State 5 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 

Prisoner escaping, solicitor-general not entitled to his full costs : 57 Ga. 332. 
The fee of the solicitor-general is $30.00 in larceny from the house, a felony 
reduced to a misdemeanor under the Act of 1866 : 58 Ga. 139. The solicitor- 
general, and not the solicitor in the county court, is entitled to the fee for 
drawing the bill in the case of a true bill for misdemeanor in the superior 
court transferred to the county court: 61 Ga. 70, 71. 

Where case transferred to county court, solicitor-general of circuit preferred 
to county solicitor in matter of fees : 76 Ga. 493. 

§288 (1647.) Certificate of services and cases where no fee allowed. 
Solicitors shall not be paid fees for litigation without the certificate of 
the presiding judge that they are properly and faithfully claimed as 
such, nor on any bill for any species of gaming, where the same is 
entered nol. pros. 



289-292 FIFTH TITLE.— CHAPTER 1, ARTICLE 1. 102 

Legislative department; of the General Assembly; annual session and organization. 

FIFTH TITLE. 

Legislative Department. 



CHAPTER 1. 

OF THE GENERAL ASSEMBLY. 



ARTICLE 1. 

ANNUAL SESSION AND ORGANIZATION. 

Acts 1890-1, §289. (178.) Legislature meets, when. The General Assembly shall 

$575o. meet on the fourth Wednesday in October, and annually thereafter 

on the same day, until the day shall be changed by law. The hour 

of meeting shall be ten o'clock in the forenoon, and the place at the 

capitol. 

Acts 1890-1, 8290. (179.) Length of session. Each session shall not continue 

p. 55. ° x ' a J 

«575i. longer than fifty days, except when an impeachment trial is pend- 
ing at the end of fifty days the session may be prolonged until the 
completion of said trial. 

i p Ct i92 89 ° 1 ' §291. Apportionment. The House of Representatives shall consist 
^ 747 - of one hundred and seventy-five members, apportioned as follows: 
To the six largest counties, to wit, Fulton, Chatham, Richmond, 
Bibb, Burke, and Floyd, three representatives each; to the twenty- 
six next largest counties, to wit, Muscogee, Thomas, Washington, 
Coweta, Cobb, Carroll, Sumter, Houston, Meriwether, Troup, Bar- 
tow, Decatur, Gwinnett, Jackson, Monroe, Wilkes, Dooly, Hall, 
Walton, Jefferson, DeKalb, Hancock, Greene, Oglethorpe, Pulaski, 
and Harris, two representatives each; and to the remaining one 
hundred and five counties, one representative each. 
$$5744,5752. §292. (180.) General Assembly, how organized. Each branch shall 
be organized by the clerk and secretary thereof respectively, who are 
ex officio presiding officers until such are elected. No question shall 
be entertained by them but one relating to the organization, and in 
deciding such questions they are to be governed, as far as practica- 
ble, by the standing rules of the house over which they preside. In 
the absence of such officers, their assistants may officiate. In the 
absence of both, the body may appoint a chairman whose powers 
and duties are the same. 



103 FIFTH TITLE.— CHAPTER 1, ARTICLE 2. §§298-295 

Elections by General Assembly in joint session. 

§293. (181.) Oath of members. The oaths of office may be admin- S 5753 - 
istered to the members of the General Assembly by any judge of the 
Supreme or superior courts, to be procured by the person organizing 
each branch. 

§294. (182.) President of the Senate and Speaker of the House, how 
elected. The President of the Senate and Speaker of the House are 
elected by their respective bodies viva voce, and a majority of votes 
is necessary to a choice. In like manner the Senate must elect a 
president pro tern., and the House a speaker pro tern., whose powers 
and duties, while presiding, or in the absence of said officers, are the 
same. 



ARTICLE 2. 

ELECTIONS BY GENERAL ASSEMBLY IN JOINT SESSION. 

§295. (183.) Elections by the General Assembly. All elections, ex- $$325, 5789, 
cept for United States senator, by the General Assembly, are to be 
conducted as follows: 

1. The elections shall be viva voce, and the vote shall appear on 
the journal of the House of Representatives. When the Senate and 
House of Representatives unite for the purpose of elections, they 
shall meet in the Representative Hall, and the President of the 
Senate shall in such cases preside and declare the result. 

2. The votes are to be given for but one election at the same time, 
and a majority of the whole number of votes cast is necessary to a 
choice, and all blanks are to be counted as votes. 

3. The Senate and House of Representatives shall meet in joint Acts isso-i, 

DD 178 

session in the hall of the House of Representatives on the first Mon- 179'. 

^5789. 

day of every session at 10 o'clock a. m., for the purpose of electing 
such officers of said State as are now or may hereafter be required to 
be elected by the General Assembly. Said joint session shall con- 
tinue in morning and afternoon sessions from day to day until all of 
said officers are elected. 

4. The first business in order for said joint session shall be the Acts isso-i, 

T)T) 178 

election of judges of the Supreme Court, and after that, judges and 179. 

-1 • (. . . m5789. 

solicitors ot the various circuits. Before the election of judges and ' 
solicitors shall be commenced, the Speaker of the House of Represent- 
atives shall prepare slips of paper of the same size, on which he shall 
write the names of the various circuits for which elections are to be 
held, and place the same in a box and hand the same to the Presi- 
dent of the Senate, who shall, without inspecting the said slips of 
paper, draw them out, one at a time, and when each slip is drawn 
said President of the Senate shall announce to the joint session the 



296-300 FIFTH TITLE.— CHAPTER 1, ARTICLES 3, 4. 104 

Doorkeeper and messenger. Subletting offices forbidden ; other officers. 

name of the circuit drawn, and the election for judges and solicitors 
of said circuit shall be in order if either or both said offices are 
vacant. The President of the Senate shall continue to draw out the 
names of circuits from said box until all of said judges and solicitors 
are elected. 



ARTICLE 3. 

DOORKEEPER AND MESSENGER. 

Aet i39 862 " 8, §296. (184.) Doorkeeper and messenger. Each house is entitled to 
a doorkeeper and messenger, to perform such duties as may be re- 
quired of them, who shall be elected as provided for the election of 
clerk and secretary, and who shall receive the same pay as the mem- 
bers of the General Assembly. 



ARTICLE 4. 

SUBLETTING OFFICES FORBIDDEN; OTHER OFFICERS. 

ActsB89, §297. Subletting offices prohibited. No doorkeeper, or other em- 
ployee of the House of Representatives or Senate, shall sublet his 
employment or contract in any way, nor shall the person having 
the appointment of any of said employees consent to any substitu- 
tion of any other person for any of said employees. 

§298. Office vacant when original employee cannot discharge duties. 
Whenever for any reason the person appointed to any of said posi- 
tions cannot personally discharge the duties of the same, said office 
shall become vacant, and it shall be the duty of the person in whom 
is vested the appointing power, to appoint another person for such 
time as the original employee cannot discharge his duties, and the 
compensation shall, from the date of such new appointment, be paid 
to the new employee for the time he shall serve. 

§299. Employing substitutes, penalty. Whenever the provisions of 
this Chapter are violated, and any person is substituted for another 
in violation of the same, neither the person so substituted, nor the 
person for whom he is substituted, shall receive any compensation 
out of the State treasury; and it shall be the duty of the treasurer 
whe'never any change is made in any of the persons filling any of 
said positions, to ascertain that the change was made according to 
the provisions of this Chapter, before paying any money to the new 
officer or employee. 

§300. Officers, how paid. All officers and employees provided for 
in this Chapter shall be paid for their services by the treasurer only, 



105 FIFTH TITLE.— CHAPTER 1, ARTICLES 5. 6. §§301-304 

Appropriation bills. Finance committee's report. 

upon the approval of their accounts by the auditing committee of 
the Senate and House of Representatives. 

§301. (185.) Appointments for special purposes. When it shall be 
necessary to carry into effect the seventh section of the Third Article 
of the Constitution, or for any like purpose, either of said officers 
may appoint any person to execute the orders of each house and the 
warrant of the presiding officer, who may receive for the service such 
compensation as the General Assembly may appropriate. 



ARTICLE 5. 

APPROPRIATION BILLS. 

§302. (186a.) Book of appropriation bills to be furnished annually, ^l™ 90 ' 1. 
The clerk of the House of Representatives shall provide, out of the %g{ 72 ' 206 ' 
contingent fund of the House, a well-bound book, which he shall 
deliver to the chairman of the House finance committee, as soon as 
such chairman shall be appointed, and said chairman shall enter or 
cause to be entered in such book, in the order of their introduction, 
all bills seeking, directly or indirectly, to obtain appropriations from 
the State treasury, with a brief statement of the contents of such bill, 
together with the number thereof, the name of the introducer, and 
any other facts developed before the committee that will throw any 
light on the nature of the legislation proposed by the bill. After 
the expiration of the legislature, said chairman shall deposit said 
book with the secretary of State, who shall deliver the same to each 
successive chairman of said committee as soon as he shall have been 
appointed. 

§303. Permanent appropriations included in general bill. All general Acts leso, 
appropriation bills shall, in addition to the customary itemized $gj 72 > 206 » 
statements of the amounts appropriated for the usual expenses of 
the executive, legislative, and judicial departments of the govern- 
ment, and for the support of the public institutions and educational 
interests of the State, contain also a like itemized statement of all 
amounts appropriated by any previous law, to be paid annually out 
of the treasury; and such amounts so appropriated by previous laws 
shall not be paid from the treasury, unless they are embraced in the 
general appropriation Act. 



ARTICLE 6. 

FINANCE COMMITTEE'S REPORT. 

§304. (186.) Joint finance committee. It is part of the duty of^ 206 ' 201 - 
the joint standing committee of finance to examine the accounts and 



§§305-308 FIFTH TITLE.— CHAPTER 1, ARTICLES 7, 8. 106 

Suspension of comptroller or treasurer. Unfinished business, engrossed bills, etc. 

vouchers of the comptroller and treasurer as to all moneys received 
into and paid out of the treasury during the last fiscal year, to com- 
pare the warrants drawn during that period with the several laws by 
authority of which they purport to be drawn, to examine into the 
other accounts and books of such officers, to count the money on 
hand at the time of the examination, and to examine the annual re- 
ports made by said officers, to see if they are sustained by the true 
condition of their offices, and report the result to each branch of the 
General Assembly. 



ARTICLE 7. 

SUSPENSION OF COMPTROLLER OR TREASURER. 

■^f t 30 1878 " 9 ' §305. (114a.) Suspension of comptroller or treasurer. The General 
*5J!Ij95 821 ' Assembly may suspend from the functions and duties of office either 
the treasurer or the comptroller-general (by joint resolution duly 
adopted after being read one time in each house on different days, 
and by a two-thirds vote of members voting on the same), whenever 
the interests of the State, or the proper administration of the law, 
demand such suspension. 



ARTICLE 8. 

UNFINISHED BUSINESS, ENGROSSED BILLS, ETC. 

§306. (187.) Duty of the secretary and clerk at close of the session. At 
the close of each session, the secretary of the Senate, clerk of the 
House of Representatives, and secretary of State, must select all the 
papers belonging to the General Assembly, except such as relate to 
the unfinished and rejected business, and deposit them in the office 
of the secretary of State. 

"p Ct io2 892 ' §307. Unfinished business of first session goes over to next. All bills, 
resolutions and other matters pending at the end of the first session 
of each General Assembly, shall go over to the next session as unfin- 
ished business, and occupy the same places on the calendar of the 
second session as such matters occupied at the first session. 

*i8i(i)! §308. (188.) Engrossed copies of laivs, etc. The engrossed copies of 

all laws and joint resolutions passed by the General Assembly must 
be preserved by the chairman of the enrolling committee, and de- 
posited in the office of the secretary of State. 



107 FIFTH TITLE.— CHAPTER 1, ARTICLES 9, 10. §§ 309-813 

Pay of members. Resolutions appropriating money. 

ARTICLE 9. 

PAY OF MEMBERS, 

§309. (189.) Per diem. The per diem of members of the General $ 5788, 
Assembly shall not exceed four dollars, and mileage shall not exceed 
ten cents for each mile traveled, by the nearest practicable route, in 
going to and returning from the capital; but the President of the 
Senate and the Speaker of the House of Representatives, shall each 
receive not exceeding seven dollars per day. 

§310. (190.) Sick members. If any member is detained by sick- 
ness, after leaving home, in coming to, or is unable to attend the 
house after he arrives 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 family, or by express leave of the house of which he is a member. 

§311. (191.) If a member die during the session. If any member of 
the General Assembly shall die during the session, or afterwards, 
without having received the whole or any portion of his pay, the 
amount due for the whole session shall be paid to the widow of the 
deceased, and if no widow, in like manner to the children. 

§312. (192.) Accounts of members and officers, how audited. The 
compensation due to the officers and members of the General As- 
sembly must be certified by the President and Speaker, respectively, 
upon the report of the auditing committee, to the treasurer, who af- 
terwards shall pay each member who presents his accounts duly 
audited. 



ARTICLE 10. 



RESOLUTIONS APPROPRIATING MONEY. 



§313. (193.) Appropriations of money by resolution. All resolutions ^tFeb- 
which may grant money out of any fund, shall be treated in all re- ?•¥• 
spects, in the introduction and form of proceeding on them, in a sim- 
ilar manner with bills; they shall originate in the House of Repre- 
sentatives, and shall receive three readings previous to their being 
passed, but the Senate may propose or concur in amendments, as in 
case of bills. 



§§314-316 FIFTH TITLE.— ARTICLE 11. CHAPTER 2. 108 

Local bills and notice thereof. Secretary of Senate and clerk of the House. 

ARTICLE 11. 

LOCAL BILLS AND NOTICE THEREOF. 

A P ct i S 76 878 " 9 ' § 314 - (193 a.) Notice of local bills. Notice of an intention to apply 
$5778. -f or ^e passage of a local or special bill shall be given in the follow- 
ing manner: The title of the bill shall be published once in the 
newspaper in which the sheriff's sales are advertised, and shall be 
posted at the door of the court-house in the county or counties of 
the residence of the person or persons, natural or artificial, to be af- 
fected thereby, or in which the locality or municipality is situated, 
thirty days before the introduction of such bill : Provided, that where 
there is no newspaper published in the county where local legislation 
is asked, notice of said bill shall be published in the paper where 
sheriff's sales are published, and in all notices to be published under 
this section, no newspaper shall charge more than one dollar per 
square for said notice, and in case of refusal to publish at said rates, 
then a publication in any other newspaper having a circulation in 
the county where the local legislation is desired, shall be sufficient. 
And the production of the newspaper dated thirty days prior to the 
introduction of such bill into the General Assembly, containing the 
notice required by this section, with the certificate of the ordinary 
that the notice has been posted, shall be sufficient evidence that no- 
tice has been given in accordance with the requirements of the Con- 
stitution. 

Evidence, outside journals of legislature, as to whether proper notice of local 
legislation was given, not admissible : 85 Ga. 49. 



CHAPTER 2. 

SECRETARY OF SENATE AND CLERK OF THE HOUSE. 

$5789. §315. (194.) Secretary of the Senate and clerk of the House. There 

shall be a secretary of the Senate and clerk of the House of Repre- 
sentatives, elected by the members of each house respectively, viva 
voce, and a majority of votes cast is necessary to elect. Their terms 
of office shall be the time for which the members of the General As- 
sembly are elected. 

§316. (195.) Oath of secretary and clerk and their assistants. Said 
officers, their assistants, and engrossing and enrolling 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 knowledge, of which a minute shall 
be made and entered on the journals. 



109 FIFTH TITLE.— CHAPTER 2. §§317-323 

Secretary of Senate and clerk of the House. 

§317. (196.) President and Speaker may administer oaths. The 
President of the Senate and Speaker of the House are to administer 
the oaths required to the subordinate officers of their respective 
houses. 

§318. (197.) Pay of secretary and clerk and their assistants. The ^f^ 878 * 6, 
compensation of the secretary of the Senate shall be sixty dollars ^§§J 87 * 286, 
per day for each session, and the compensation of the clerk of the 
House of Representatives shall be seventy dollars per day for each 
session. 

§319. (197 a.) Assistant clerks. Said secretary and clerk shall each A p ct f 8 5 878 " 9, 
select and appoint such assistants as may be necessary for the per- 
formance of the clerical work of their respective houses, including 
clerks for such standing or special committees as may be allowed a 
clerk by order of their respective houses; the compensation of their 
said assistants to be fixed by said secretary and clerk respectively, 
and to be paid out of the amounts allowed said secretary and clerk 
respectively in the preceding section: Provided, however, that if 
either house shall for any purpose employ a stenographic reporter, 
the cost of such reporter shall not be considered a part of the cler- 
ical expenses of such house, but shall be provided for by a special 
appropriation. 

§320. (198.) Must give bond. Immediately after their election, ^f^f 78 " 9 * 
said secretary and clerk shall each give bond and security in the 
sum of five thousand dollars, payable to the Governor and his suc- 
cessors in office, and conditioned for the faithful discharge of their 
respective duties, said bonds to be approved by the President of the 
Senate and Speaker of the House respectively. 

§321. (199.) Qualification and removal of certain clerks. No journal-* 
izing, recording, enrolling or engrossing clerk shall be appointed by 
the secretary of the Senate or clerk of the House, until such clerk has 
been examined by the enrolling committee, and certified to their 
respective houses to be competent and well qualified to the discharge 
of the duties required of him; and such clerk shall be removed at 
any time, upon the recommendation of the enrolling committee of 
the House in which he is employed. 

§322. (200.) Secretary and clerk must file papers and documents. 
The secretary of the Senate and the clerk of the House of Represen- 
tatives must, within ten days after the adjournment of each session, 
file, in proper order, all the papers and documents of their respective 
houses. 

§323. (201.) Secretary and clerk shall not be paid until they have filed ^ m * 
papers. The records, papers and documents thus filed must be de- 
livered to the secretary of State, who, upon receipt of the same, 
must certify that such secretary and clerk have respectively complied 



324-326 FIFTH TITLE.— CHAPTER 3, ARTICLE 1. 110 

Elections by the General Assembly; for United States senators. 

with said requisitions, and the treasurer shall not pay their several 
salaries until such certificate is produced. 

§324. (202.) Secretary must aid when both houses meet. When there 
is a meeting of both branches of the General Assembly in one cham- 
ber, said secretary and clerk shall be present and join in the dis- 
charge of the duties required, and shall enter on the journals of 
each the proceedings. 



CHAPTER 3. 

ELECTIONS BY THE GENERAL ASSEMBLY. 



ARTICLE 1. 

FOR UNITED STATES SENATORS. 



Act of Con- 



gress, i8<36. §325. (1335.) United States senators, when elected. The legisla- 
^95 54 ' 5789, ture of each State, which shall be chosen next preceding the expira- 
tion of the time for which any senator was elected to represent said 
State in Congress, shall, on the second Tuesday after the meeting 
and organization thereof, proceed to elect a senator in Congress, in 
the place of such senator so going out of office. 
^ress.Hjee. §826. (1336.) Election, how conducted. Said election for such sen- 
$5863. ator shall be conducted in the following manner: Each house shall 
openly, by a viva voce of each member present, name one person for 
senator in Congress from said State, and the name of the person so 
voted for who shall have a majority of the whole number of votes 
cast in each house, shall be entered on the journal of each house by 
the clerk or secretary thereof; but if either house shall fail to give 
such majority to any person on said day, that fact shall be entered 
on the journal. At twelve o'clock meridian of the day following 
that on which proceedings are required to take place, as aforesaid, 
the members of the two houses shall convene in joint assembly, and 
the journal of each house shall then be read, and if the same per- 
son shall have received a majority of all the votes in each house, 
such person shall be duly declared elected senator to represent said 
State in the Congress. of the United States; but if the same person 
shall not have received a majority of the votes in each house, or if 
either house shall have failed to take proceedings as required in this 
section, the joint assembly shall then proceed to choose, by a viva 
voce vote of each member present, a person for the purpose aforesaid; 
and the person having a majority of all the votes of the said joint 



Ill FIFTH TITLE.— CHAPTER 3, ARTICLE 2. §§327-329 

For other officers. 

assembly, a majority of all the members elected to both houses being 
present and voting, shall be declared duly elected; and in case no 
person shall receive such majority on the first day, the joint assem- 
bly shall meet at twelve o'clock meridian of each succeeding day 
during the session of the legislature, and take at least one vote, until 
a senator shall be elected. 

§327. (1337.) Elections to fill vacancies. Whenever, on the meet- A ^ e f s ^m 
ing of the legislature of any State, a vacancy shall exist in the rep- 
resentation of such State in the Senate of the United States, said 
legislature shall proceed, on the second Tuesday after the commence- 
ment and organization of its session, to elect a person to fill such 
vacancy, in the manner hereinbefore provided for the election of a 
senator for a full term; and if a vacancy shall happen during the 
session of the legislature, then, on the second Tuesday after the leg- 
islature shall have been organized and shall have notice of such 
vacancy. 

8328. (1338.) Election, how certified. It shall be the duty of the Act of con- 

8 y ' . gress,1866. 

Governor of the State from which any senator shall have been 
chosen, as aforesaid, to certify his election, under the seal of the 
State, to the President of the Senate of the United States; which 
certificate shall be countersigned by the secretary of State. 



ARTICLE 2. 



FOR OTHER OFFICERS. 



§329. (1340.) Other officers, ivhen elected. All officers created for ^5789, 295. 
the service of the State, the election of which is not given to the 
people, or some other tribunal, are elected by the General Assembly, 
in the same manner and time as the officers elected by them. 



< 

LIB?A^fcc 



330-333 SIXTH TITLE. —CHAPTER 1, ARTICLES 1, 2. 112 

County organization ; militia districts; defined. New militia districts, how laid out. 

SIXTH TITLE. 

County Organization. 



CHAPTER 1. 

MILITIA DISTRICTS. 



ARTICLE 1. 

DEFINED. 



^fElV) 1 . 07, § 880 - ( 481 -) Militia districts, how divided. Each county of this 
State is divided into militia districts according to their respective 
territory and population. 

$4107. §331. (482.) Districts to remain. Such districts as at present or- 

ganized are to remain the same until changed in the manner herein- 
after prescribed. 

§332. (483.) Must contain, how many male residents. Each district 
hereafter organized or changed must contain within its limits at 
least one hundred male persons over twenty-one years of age, resi- 
dent at the time of the organization, liable to militia duty, and in 
its formation must not leave any older district with a less number. 



ARTICLE 2. 

NEW MILITIA DISTRICTS, HOW LAID OUT. 

A Cobrf 9 i86 §333. (484.) How laid out or changed. Whenever it may be neces- 
A CoDb 4 i87 sar y an ^ ex P e dient to lay out a new militia district, or to change the 
$$4107,4238 lines of old ones, the ordinary may, at any time, appoint three com- 
missioners, citizens of the district or districts from which it is pro- 
posed to make the new district, or change the lines thereof, whose 
duty it shall be to lay out and define such lines, and report the same 
to the said ordinary. 

Law for changing lines of militia district is general law : 91 Ga. 141. 

Since Code, ordinary has power to establish new district either in term or 
vacation : 67 Ga. 36. 

Commissioners are agents to lay off lines, etc. ; the ordinary determines ex- 
pediency of creating new district: 67 Ga. 254. 



113 SIXTH TITLE.— CHAPTER 1, ARTICLE 2. §§834-339 

New militia districts, how laid out. 

Acts in political or legislative, not judicial capacity, and no provision for 
trial or review: 84 Ga. 432. 

Proceedings not judicial, and not reviewable by certiorari: 93 Ga. 631. 

Special notice to justice of the peace in old district, whose fees will be di- 
minished, unnecessary: 67 Ga. 36. 

§334. (485.) Survey, etc. Such commissioners have authority to A ( ?^ 39 1 ' 87 
engage the services of a competent surveyor to assist them in their 
duties, who shall be paid for his services, out of the county treasury, 
the same compensation county surveyors have for similar services 
rendered a citizen. 

They are not limited to county surveyor: 68 Ga. 354. 

§335. (486.) Proceedings recorded. If the ordinary approves their ^^{fi^ 
report, he shall have all proceedings in the matter entered on his 
minutes, after which the district laid out, or line changed or defined, 
shall be known and regarded accordingly. 

Although lines matter of record, competent to show how residence of de- 
fendant affected by change in line : 68 Ga. 354. 

§336. (487.) Proceedings transmitted to Governor. It is the duty of ^obD^iOT 
such ordinary, if a new district is laid out, to transmit instanter to 
the Governor such proceedings from his minutes, duly certified, and 
to publish them for thirty days at the door of the court-house and 
in the public gazette where he does his official advertising. 

§337. (488.) Ordinary must order an election, when. As soon as 
such is done, such ordinary must immediately order an election for 
a justice of the peace and two constables for such district, after 
advertising the same for thirty days in three of the most public 
places of the new district. 

§338. (489.) Making or changing districts, consequences. If, in lay- 
ing out a new district or in changing the lines of old districts, the 
residences of justices of the peace or constables elected or appointed 
are included in the new district, or cut off from the district for which 
they were elected or appointed, they have authority to discharge 
their duties for the district for which they were elected or appointed, 
until their terms of office expire and their successors in such district 
are qualified, unless elected or appointed to the same office in the 
new district to which they are eligible. 

§339. (490.) Suits pending. Suits pending in any justice's court 
must not be changed because the residence of a defendant is included 
in the new district, or cut off into another district, but they must 
proceed as though no such change had been made. 

General Note. — Where militia district lines legally changed, territory 
added becomes subject to fence law in such district : 91 Ga. 141 ; see also 84 
Ga. 432. 

8 



j$ 840-342 SIXTH TITLE.— CHAPTER 2, ARTICLES 1, 2. 114 

Incorporation of counties, their contracts, etc.; counties are corporate bodies. Suits against counties. 

CHAPTER 2. 

INCORPORATION OF COUNTIES, COUNTY CONTRACTS, PROPERTY AND 

CLAIMS. 



ARTICLE 1. 

COUNTIES ARE CORPORATE BODIES. 

^4238 2, 589i 0, §340. (491.) Each county a body corporate. Every county in this 
5924 - State is a body corporate, with power to sue or be sued in any court. 
And all inhabitants of counties in this State, who are competent 
jurors in other cases, are declared and shall be holden to be compe- 
tent jurors in any case, in any court, where such counties are parties 
to the suit or interested therein in their capacity as corporations or 
quasi corporations. 

Citizens of the county competent jurors to try issues on executions against 
tax-collector and sureties : 11 Ga. 207. Interest of citizens of a county in the 
result of the suit equally balanced, are competent jurors : 15 Ga. 39-73. Com- 
petent jurors to try defendant, charged with burning the county jail: 29 Ga. 
105. Section cited, may be tried in the United States courts: 49 Ga. 467. 
Suits for a county may be brought by the ordinary or the commissioners : 54 
Ga. 163-165. Section cited and construed: 45 Ga. 326. 

Each county a separate corporate existence, with power to manage its own 
finances : 69 Ga. 326. 

County not liable for unlawful beating of a convict by a guard : 72 Ga. 188. 

Action against county for damage to property, in building bridge, maintain- 
able : 85 Ga. 420. 



ARTICLE 2. 

SUITS AGAINST COUNTIES. 

79Ga.'i2?; §^41. County, when liable to suit. A county is not liable to suit for 
§|443, 602, an y cauge f ac ti on unless made so by statute. 

Liability of counties to be sued is statutory only ; not liable to suit at 
common law : 80 Ga. 489. 

County not subject to suit except by statutory provision : 81 Ga. 48. 

"p 5 .!^ 7 ' §342. (492.) Suits against counties, how brought and served. Suits 
5880? 5924, ' by or against a county must be in the name of the county, and in all 
cases in which a county may be a party defendant, service perfected 
upon the ordinary and clerk of the court of ordinary, if there be a 
clerk, and if no clerk, then upon the ordinary alone, shall be deemed 
sufficient; except that in those counties where the fiscal affairs of 



115 SIXTH TITLE.— CHAPTER 2, ARTICLE 3. §§ 343-345 

Contracts, how made by counties. 

— ■ — 

the county are committed to a board of commissioners, service per- 
fected upon a majority of said commissioners shall be sufficient. 

Section cited and construed : 54 Ga. 27, 165. 

Suit against county commissioners, designed as against county, bad, not 
amendable : 75 Ga. 782. 

Suit by commissioners of one county against ordinary of another, for claim 
by the one county against the other, demurrable : 85 Ga. 435. 



ARTICLE 3. 

CONTRACTS, HOW MADE BY COUNTIES. 

§343. (493.) Contracts with ordinary . All contracts entered into tyif 8, 367 ' 
by the ordinary with other persons in behalf of the county must be 
in writing and entered on their minutes. 

Parol contract for building a bridge: 20 Ga. 328. Section cited and con- 
strued, and in suits against the county pleadings must show that the contract 
sued on was entered on the minutes of the inferior court: 46 Ga. 462-464. 
Must be entered in writing on the minutes : 54 Ga. 69. 

§344. (493 a.) Mode of contracting in certain cases. Whenever it^ ct ^ 878 * 9 ' 
becomes necessary to build or repair any court-house, jail, bridge, 1880 jg£ 
causeway, or other public works in any county in this State, the of- ^J 80, 388 " 
fleer having charge of the roads and revenues and public buildings of 
such county shall cause the same to be built or repaired by letting 
out the contract therefor to the lowest bidder, at public outcry, be- 
fore the court-house door, after having advertised the letting of said 
contracts as hereinafter provided: Provided, that such county au- 
thorities shall have authority to reject any and all bids at such pub- 
lic letting, and if in their discretion the public interest and economy 
require it, such county authorities may build or repair any public 
buildings, bridges, causeways, or other public property in the county, 
by contract or sealed proposals, to be invited under the same provi- 
sions as to specifications and like informations as are provided in the 
following sections. 

§345. (493 b.) What notice shall be given. Whenever the contract Act ^ 6 J 878 ' 9 ' 
is likely to cost a sum greater than five thousand dollars, the proper 
officer shall give notice in the public gazette wherein the sheriff's 
sales are advertised, once a week for eight weeks, and by posting a 
written notice at the court-house door for a like time, which notice 
and advertisement shall embrace such details and specifications as 
will enable the public to know the extent and character of the work 
to be done, and the terms and time of payment. When the work to 
be done is likely to amount to less than five thousand dollars, the no- 
tice shall be published once a week for four weeks, and by posting 



§§346-349 SIXTH TITLE.— CHAPTER 2, ARTICLE 4. 116 



County property. 



notice for the same period; and such officer shall make out and post 
conspicuously in his office, complete and minute specifications of the 
proposed public work, which shall be open to the inspection of the 
public. 
pfisl! 789 ' §346. (493 c.) Contractors to give bond. Contractors who are awarded 
1889, p. 49. contracts shall be required to give bond in double the amount of 
the bid, with two good and solvent securities, for the faithful per- 
formance of the contract, and to indemnify the county for any dam- 
ages occasioned by a failure to perform the same within the prescribed 
time. And it shall be unlawful to let out any contract for building 
or repairing any public building, bridge, or other public work, unless 
the provisions of these sections are complied with; and any contract* 
or doing, or having done, any work of the kind in any other manner, 
shall not be entitled to receive any pay therefor: Provided, that the 
requirements of these sections shall not apply to the building or re- 
pairing of any public bridge, building, or other work when the same 
can be done at a less cost than three hundred dollars, but such officer 
may have such work of building or repairing done by hiring hands 
and furnishing materials. 



ARTICLE 4. 



COUNTY PROPERTY. 



§347. (494.) Deeds for benefit of county. All deeds, conveyances, 
grants, or other instruments, which have been or may be made to 
any officer or person for the use and benefit of the county, vest in 
such county the title as fully as if made to such county by name. 
^g 88 ' 270 ' §348. (495.) County property, how controlled. The ordinary has 
the control of all property belonging to the county, and may by or- 
der to be entered on their minutes direct the disposal of any real 
property which can lawfully be disposed of, and appoint a commis- 
sion to make the titles thereto, and the conveyance of such commis- 
sion in accordance with such order vests the grantee or vendee with 
the title of the county. 

Control of county property : 9 Ga. 486. Formerly by judges of inferior 
court: 13 Ga. 502. Ordinary now: 45 Ga. 325. Section cited and construed: 
64 Ga. 331. 

^lal 882 " 3, §349. Public laws and Supreme Court reports to be insured. The offi- 
$$4238, 124. cer h av j n g charge of the financial affairs of each county shall keep 
insured at a fair valuation against loss by fire all volumes of the pub- 
lic laws and decisions of the Supreme Court which have been fur- 
nished to the ordinaries and clerks of the superior courts of their 
respective counties. 



117 SIXTH TITLE.— CHAPTER 2, ARTICLE 5. §§350-354 



County buildings, care and inspection thereof. 



§350. Policies in name of county. The policies of insurance shall A p ct f 3 2 882 * 3, 
be in the name of the county and the premiums therefor paid out 
of the finances of each county respectively, and in case of any loss 
or damage by fire, the county authorities shall proceed to collect 
the amount of loss or policy, and when so collected the proceeds 
thereof shall be used in supplying new books of the kind lost or in- 
jured, as far as such proceeds may be sufficient. 



fi 



ARTICLE 5. 

COUNTY BUILDINGS, CARE AND INSPECTION THEREOF. 

§351. (496.) County buildings, etc. The county buildings are to$ 395 - 
be erected and kept in order and repaired at the expense of the county, 
Under the direction of the ordinary, who is authorized to make all 
necessary contracts for that purpose. 

Ordinary's power as to tax for repairing and erecting public buildings: 47 
Ga. 639-641. All in his discretion, supervised by the judge of the superior 
court: 52 Ga. 233. Illegality dismissed as against a ta,xfi. fa.: 60 Ga. 350. 

§352. (497.) Public buildings and records. It is the duty of the ^JS 9 i' 82 
ordinaries to erect or repair, when necessary, their respective court- ^ 4315 » 395 - 
houses and jails, and all other necessary county buildings, to fur- 
nish each with all the furniture necessary for the different rooms, 
offices or cells, and to procure a fire-proof safe, or safes, sufficient 
to hold at least all the minute-books and books containing records 
of judgments, books of officers' bonds, all recognizances, the bonds 
of administrators and guardians, the record of wills and of appraise- 
ments and sales, unless the court-house has a fire-proof vault; such 
books and papers, and all others that can, must be placed in such 
safes or vaults at night, or when the officers are absent. 

Public agents are not individually liable : 2 Ga. 214. Discretion as to tax by 
ordinary, for : 52 Ga. 233. Illegality dismissed against a fi. fa. for taxes, deci- 
sions relative to, discussed : 60 Ga. 350. Ordinary's power to tax for these pur- 
poses : 47 Ga. 641. Section cited : 64 Ga. 501. 

County commissioners having bought bridges adjoining and touching city, 
have right to rebuild same when washed away : 76 Ga. 766. 

§353. (498.) Court-house rooms. Such ordinaries shall designate 
the rooms in the court-house to be occupied by each of the county 
officers, and enter the same on their minutes, which they may change 
from time to time as convenience may require. 

§354. (499.) Court-houses, jails, etc. The court-houses, as well as§ 4315 - 
jails, the public grounds and other county property, are placed in 
the keeping of the sheriff of their respective counties, subject to the 



§§355-360 SIXTH TITLE.— CHAPTER 2, ARTICLE 5. 118 

County buildings, care and inspection thereof. 

order of such ordinaries, and it is their duty to preserve them from 
injury or waste and to prevent intrusions upon them. 

Construing Act of 1796 as to jails and jailers: 5 Ga. 186. 

§355. (501.) Jails, how constructed. The county jails hereafter 
' constructed must be of sufficient size and strength to contain and 
keep securely the prisoners which may be confined therein, and must 
contain at least two apartments, properly ventilated, so as to secure 
the health of those confined therein — one for males, and one for fe- 
males. 

Where the county was not liable for an insufficient jail : 19 Ga. 97. County 
should keep good jail, and if guard needed for, should pay for: 9 Ga. 109. Not 
responsible to sheriff for damages for insufficient jail : 20 Ga. 845. County jail 
unsafe, can order prisoner to another county : 26 Ga. 276. 

^> ct io2 887 ' §356. Grand juries inspect jails. The grand juries shall carefully 
inspect the sanitary condition of the common jails of their respec- 
tive counties at each regular term of the superior court, and make 
such recommendations to the ordinaries of their counties in their 
general presentments as may be necessary to provide for the proper 
heating and ventilation of such jails, which recommendations it is 
hereby made the duty of the several ordinaries of this State to ob- 
serve and strictly enforce; such grand juries shall make such pre- 
sentments in regard to the general sanitary condition of their jails 
and the treatment of the inmates of the same as the facts may 
justify. 

§357. Preceding section specially charged. The judges of the superior 
courts shall give the preceding section in special charge to the grand 
juries in each county in this State at each regular term of the supe- 
rior court held in such counties. 

§358. (500.) Injuries to public buildings. If any person designedly 
destroy, injure or deface any public building, the appurtenances 
thereto, or the furniture inside, or shall use either for any indecent 
purpose, such person shall be guilty of a misdemeanor, besides being 
liable for the damages. 

§359. (504.) Public buildings and records, how inspected. It is the 
duty of the grand juries to inspect all the public buildings and other 
property of the county and the county records, and to report in their 
general presentments their condition, and if they report that such 
ordinaries have failed to comply with the law touching the same, it 
is the duty of the solicitor-general of the circuit to commence pro- 
ceedings against them that they may be compelled so to do, if they 
do not in good faith comply by the next term of the superior court. 

§360. (505.) Duty of judge of the superior court. The judges of the 
superior court shall, when necessary, call the attention of the grand 
jury to the duties required of such ordinaries in this Chapter. 



119 SIXTH TITLE.— CHAPTER 2, ARTICLES 6, 7. §§ 361-864 

Claims against counties. Annual reports of county officers. 

ARTICLE 6. 

CLAIMS AGAINST COUNTIES. 

§361. (506.) County orders must specify the fund on ivhich they are ^fg 1871 " 2, 
drawn. The ordinaries must audit all claims against their respec- ^fe 8 ') 40 ^ 
tive counties, and every claim, or such part as may be allowed, must (8) - 
be registered, and he or his clerk must give the claimant an order 
on the treasurer for the same, and in the order he shall specifically 
designate upon what particular fund such order is drawn, and out of 
which payment is to be made. 

Section construed : 39 Ga. 58. Cited : 71 Ga. 857. 

Claim for injuries from falling of bridge must be audited before sued : 65 
Ga. 216. 

Claim for damages presented to ordinary within twelve months to be 
audited and refused, then sued in superior court : 68 Ga. 51 ; see also 65 Ga. 741. 

§362. (507.) Claims to be presented, when. All claims against^ 4238 - 
counties must be presented within twelve months after they accrue 
or become payable, or the same are barred, unless held by minors or 
other persons laboring under disabilities, who are allowed twelve 
months after the removal of such disability. 

Where it was held not barred until twenty years from the time of the as- 
sessment of damages: 43 Ga. 259-261. Section cited and construed, as to the 
bar of the statute of limitations in a suit brought by a county : 62 Ga. 231. 

Cited: 68 Ga. 52,53. 

Applies to claim for injuries from falling of bridge : 65 Ga. 216. 

Claim must be presented in writing, within twelve months from its accrual, 
to the ordinary or county commissioners. Conversations about compromise, 
with individual commissioner, not prevent bar : 71 Ga. 587. 

Claim not presented within a year, is barred : 71 Ga. 857. 

§363. (508.) Judgment vs. county. The private property of the$ 342 - 
citizens of a county shall not be bound by any judgment obtained 
against the county, but such judgment, if binding, shall be satisfied 
from money raised by lawful taxation. 

County not liable for damages caused by neglected bridge ; two exceptions : 
74 Ga. 358. See 41 Ga. 225 ; 54/25 ; 70/714 ; 59/833 ; 64/69 ; see also section 3602 
et seq. and notes. 



ARTICLE 7. 

ANNUAL REPORTS OF COUNTY OFFICERS. 



§364. (508 a.) County officers to make annual returns. The ordina- ^p Ct f 3 1876 ' 
ries, county treasurers, clerks of the superior courts, and sheriffs of ^ 23:3, 418 ' 
the various counties of the State, shall make a return, under oath, 



§§365-368 SIXTH TITLE.— CHAPTER 2, ARTICLE 8. 



120 



Bridges between counties. 



Acts 1876, 
p. 13. 



to the grand jury of their respective counties on the first day of each 
term of the superior court, a just and true statement of the amount 
of money received by them belonging to the county, the source from 
which the same was received; also, their expenditures, accompanied 
with proper vouchers. 

§365. (508b.) Duty of grand juries. When the returns provided 
for in the preceding section shall have been made, the grand jury 
shall examine the same, and if found correct, indorse their approval 
thereon, and attach the same to their general presentments, to be 
filed in the clerk's office of the superior court. But if found incor- 
rect, the grand jury, through their foreman, shall return said re- 
turns to the officer making the same, plainly and distinctly setting 
forth in writing the grounds of their disapproval, and require said 
officer to appear before said jury and explain the errors complained of. 

§366. (508 c.) Officer failing to make returns, how dealt with. Should 
any officer fail or refuse to make the return required by section 364, 
the foreman of the grand jury shall notify the presiding judge of said 
failure instanter; and said judge shall issue an order requiring said 
delinquent officer to come forward and make the return as required 
by said section, or in default, be attached for contempt. 



Acts 1876, 
p. 14. 



ARTICLE 8. 



BRIDGES BETWEEN COUNTIES. 



Acts 1880-1, 

p. 132. 
$$4238, 523, 

610, 372, 

343. 



Acts 1880-1, 
p. 132. 
$344. 



§367. (508 d.) Bridges between counties, how built. Whenever it be- 
comes necessary to build or repair any public bridge over any water- 
course in this State which divides one or more counties from each 
other, the ordinary, commissioners of roads and revenues, or other 
county officers having in charge the roads, bridges and revenues of 
said counties joining at such watercourse, shall cause the same to be 
built or repaired by letting out the contract therefor to the lowest 
bidder, at public outcry, at the location of such bridge, after having 
advertised the letting out of said contract as hereinafter provided. 

County not bound to supervise contractor's work ; nor liable to mill-owner 
for damage by obstruction due to faulty bridge-building. "Respondeat superior" 
inapplicable : 79 Ga. 125. 

§368. (508 e.) Notice required. Whenever the contract is likely 
to cost a sum greater than five thousand dollars, the proper officers 
of said counties shall give notice in the public gazettes wherein the 
sheriff's sales for such adjoining counties are advertised, once a week 
for eight weeks, and by posting a written notice at the court-house 
door of said adjoining counties, which advertisement and notice 
shall embrace such details and specifications as will enable the pub- 



121 SIXTH TITLE.— CHAPTER 2, ARTICLE 8. §§ 369-371 

Bridges between counties. 

lie to know the extent and character of the work to be done, and the 
terms and time of payment. When the work to be done is likely to 
cost less than five thousand dollars, the notice shall be published, 
as provided in this section, once a week for four weeks, and by post- 
ing, as heretofore provided, for a like period of four weeks; and said 
officers shall make out, and post conspicuously in their said offices, 
complete and minute specifications of the proposed work, which 
shall be open to the inspection of the public, and said officers may 
in their discretion employ some competent engineer or builder to 
examine and prepare plans and specifications of such proposed work, 
for which service he shall be paid reasonable compensation by the 
said counties in the same proportion as said counties are required to 
pay for said work. 

§369. (508 f.) Bond of contractors. Contractors who are awarded i ^ et ^ 880 " 1 ' 
contracts under this and the two preceding sections shall be required $ 346 - 
to give bond in double the amount of the bid, with two good and 
solvent securities, who shall justify before signing said bond, condi- 
tioned for the faithful performance of the contract, and to indemnify 
the counties for any damages occasioned by a failure to perform said 
contract within the time provided, and keep said bridge, or repairs 
made thereon, in good condition for a period of time not less than 
seven years, and there shall be as many originals of said bond exe- 
cuted as there are counties interested in said bridge; one of said origi- 
nals shall be filed with the proper authority representing each of 
said counties, to be kept as other official bonds. 

Mandamus granted against ordinary refusing to comply herewith : 75 Ga. 
369. 

§370. (508 g.) Repairs under jive hundred dollars. The provisions ^f^ 880 " 1, 
of these sections shall not apply to the repairing of any bridge when $» 344 - 346 - 
the same can be done at a less cost than five hundred dollars; 
but such officers may have such repairing done by hiring hands and 
furnishing material, or by private contract for such repairs. 

§371. (508 h.) Payment, how made. The payment for all work i \f t f 3 2 880 " 1, 
done under the provisions of the four preceding sections, shall be in* 344 - 
accordance with the provisions of section 610 of this Code, and the 
remedy to enforce payment from any of said counties shall be as 
provided in section 611 of this Code: Provided, that nothing in these 
sections shall affect any counties having local laws affecting this 
subject. 



372-375 SIXTH TITLE.— CHAPTER 2, ARTICLES 9, 10. 



122 



Bridges in which United States and other States are interested. System of county drainage. 



ARTICLE 9. 



BRIDGES IN WHICH UNITED STATES AND OTHER STATES ARE INTERESTED. 



Acts 1895, 
p. 78. 
$367. 



Acts 18S5, 

p. 76. 
$367. 



$$25-28. 



§372. Bridges connecting border counties with adjacent States. Coun- 
ties lying adjacent to any river on the border, or forming the bound- 
ary between this State and another, shall have the same power, 
acting by and through the proper county authorities, to build and 
maintain bridges over such river as the counties of this State now 
have to build and maintain bridges over streams lying wholly within x 
their borders: Provided, that this power shall not be exercised ex- 
cept to co-operate with the proper authorities of the adjacent State 
in building and maintaining such bridges, and on the principle that 
each State is to build simultaneously from its own bank to the mid- 
dle of the river and afterwards maintain and keep up the part of 
bridge which it has built; no bridge shall be erected under this sec- 
tion at any point where the river exceeds, at low-water mark, one 
thousand feet in breadth. 

§373. Contract with United States for building bridges, when. Com- 
missioners or other authorities having jurisdiction of roads and rev- 
enues of any county in this State, may contract and pay out of the 
funds of their respective counties such sums of money as they may 
deem equitable and just to the authorities of the United States for 
the fair proportion of such county for the cost of building any 
bridge that said commissioners or other county authorities may 
deem necessary to erect across any stream that may divide any 
county, or part of any county, from lands the jurisdiction over 
which may have been ceded to the government of the United States 
for any purpose: Provided, it shall forever thereafter be the duty of 
such authorities of the United States to keep such bridges in repair, 
and renew them as often as may be necessary, and keep them open 
for the free and uninterrupted travel of the public. 

§374. Jurisdiction of United States. The United States are hereby 
vested with full and complete jurisdiction over grounds necessary for 
the erection of piers and approaches to such bridges on each side 
of such streams, so far as may be necessary for the erection, repair, 
and protection of such bridges and approaches. 



ARTICLE 10. 



SYSTEM OF COUNTY DRAINAGE. 



Acts 1878-9, 
171. 



^375. (491 a.) System of drainage may be established. Each county 
$$3062,4238.j 8 empowered, whenever the constituted authorities thereof shall 



123 SIXTH TITLE .—CHAPTER 3. §§ 376, 377 

County and municipal bonds. 

judge the same to be proper, to establish and maintain a system of 
drainage of the lowland thereof, and for that purpose may acquire 
the right of way and other easements necessary for the construction 
of the canals, ditches, dams, drains, trunks, and other appurtenances 
incident to such a system. The right of way may be acquired from 
the landowners with their consent for the consideration of the bene- 
fits conferred on them by the drainage established. Whenever a 
county has already established a system of drainage, and for that 
purpose acquired easements and made constructions of the character 
herein specified, the action of such county, and grants of easements 
made to it, are valid. 

§376. Condemnation for drainage purposes by coast counties. When- Actsisw, 
ever the right to construct public drains cannot be acquired from § 4685 - 
the landowner by contract or grant, it shall be lawful for the coast 
counties of this State tcf construct such drains over any lands be- 
longing to other persons, upon payment or tendering to the owner 
thereof, or to his legally authorized agent, just and adequate com- 
pensation for the right of way, which compensation, when not oth- 
erwise agreed on, shall be assessed and determined in the manner 
provided in this Code for condemning property. 

General Note. — Mandamus granted against the inferior court to compel 
them to levy a tax for expenses of a county-site: 5 Ga. 522; 36/398. Where 
the removal of a county-site was not an impairing of the obligation of con- 
tracts : 17 Ga. 56. Discretion of commissioners as to selection of a county-site : 
17 Ga. 612. Injunction against an alleged illegal selection of a county-site: 
44 Ga. 163. See general note on Municipal Corporations under section 1833. 

Failure for forty years, by county authorities, etc., to recognize legislative 
change in county boundary, not affect right to recognize true boundary, assess 
taxes, etc. : 92 Ga. 549. 

Act of 1828, cutting off from Habersham and adding to Rabun county, con- 
templated a ridge-line, not an air-line: 79 Ga. 248. 



CHAPTER 3. 

COUNTY AND MUNICIPAL BONDS. 

§377. (508 i.) Notice of election on issue of bonds. When any county, Acts 1878-9, 
municipality or division shall desire to incur any bonded debt, as $$758,'i866, 
prescribed in paragraphs 1 and 2, section 7, Article 7 of the Consti- 
tution of 1877, the election required shall be called and held as fol- 
lows, to wit : The officers charged with levying taxes, contracting 
debts, etc., for the county, municipality or division, shall give no- 
tice for the space of thirty days next preceding the day of election, 
in the newspaper in which the sheriff's advertisements for the county 
are published, notifying the qualified voters that on the day named 



§§ 378-380 SIXTH TITLE .—CHAPTER 3. 124 

County and municipal bonds. 

an election will be held to determine the question whether bonds 
shall be issued by the county, municipality or division. In said no- 
tice he shall specify what amount of bonds are to be issued, for what 
purpose, what interest they are to bear, how much principal and in- 
terest to be paid annually, and when to be fully paid off. 

Act of October 14th, 1879, is constitutional: 79 Ga. 152. 

To have work done to be paid for at completion, or by installments during 
progress, money ready at time of payment, is not incurring debt: 67 Ga. 106, 
107. 

This and following sections carry out sections 5893 and 5894 of Constitution : 
f 1 Ga. 485. 

Election on February 5th, after publication but twice, to wit, January 21st 
and February 4th, not compliance with law. That local act itself published 
before election day described the bonds, not a compliance herewith ; nor did 
fact that only seventeen out of one hundred and eighty-nine voted against 
bonds cure defective notice : 79 Ga. 709. 

Where more than two- thirds of qualified voters voted in favor of measure, 
irregularity in publication not invalidate : 86 Ga. 605. 

Bonds enjoined, if this section not complied with, by notice specifying 
amount, purpose, terms, etc., of the proposed bonds: 79 Ga. 709. 

The notice must specify how much principal and interest would be paid an- 
nually : 89 Ga. 674. 

Denial, by election, of power to issue school bonds, no denial of right to tax 
for schools, under city charter previously ratified : 95 Ga. 555, 556. 

Actsi87e-9, §378. (508 j.) Election, how held. Said election shall be held at 
all the voting or election precincts within the limits of the county, 
municipality or division, and shall be held by the same persons, and 
in the same manner, under the same rules and regulations that elec- 
tions for officers of said county, municipality or division are held, 
and the returns shall be made to the officers calling or ordering the 
election, who shall, in the presence and together with the several 
managers (who bring up the returns), consolidate said returns and 
declare the result. 

Act | 1878 " 9 ' §879. (508 k.) Bonds may be issued, when. When said notice is 
given and said election held in accordance with the preceding sec- 
tion, if the requisite two-thirds of the voters of the county, munici- 
pality or division at said election vote for bonds, then the authority 
to issue the bonds in acccordance with paragraphs 1 and 2, section 
7, Article 7 of the Constitution is hereby given to the proper officers 
of said county, municipality or division. 

Act f 1878 " 9 ' §880. (5081.) Number of votes, how ascertained. In determining 
the question whether or not two -thirds of the qualified voters in said 
county, municipality or division voted in favor of the issuance of 
said bonds, the tally-sheets of the last general election held in said 
county, municipality or division shall be taken as a correct enumera- 
tion of the qualified voters thereof. 



125 SIXTH TITLE.— CHAPTER 4. §§ 381-38B 

Change of county lines. 

Where registration law provided for city, number of voters registered true 
test whether two-thirds qualified voters favor issue of municipal bonds : 86 Ga. 
132. 

Registration of voters not the test of number of qualified voters here ; this 
section furnishes test : 91 Ga. 139 ; see also 89 Ga. 476. 

§381. (508 m.) Collection of bonds. The owDers of said bonds, A p ct f m8 - 9 * 
when due, may, if necessary, enforce the collection thereof by suit in$ 341 - 
the proper court. 

General Note. — Election to issue bonds to repair county bridges must be 
held under general law : 76 Ga. 766. 

Issuance of city bonds enjoined for irregularity in advertising election, and 
for want of authority : 92 Ga. 560-563. 



CHAPTER 4. 

CHANGE OF COUNTY LINES. 

§382. (508 n.) Change of county lines. Whenever a citizen or any Acts isso-i, 
number of citizens of any county shall desire to have the boundary $5926. 
line of the county of his or their residence changed, they shall file 
in the office of the ordinaries of the counties to be affected, at least 
ninety days before the first day of the next term of the superior 
court of the counties whose boundaries are to be affected, a petition 
in writing, setting forth the exact character of the change to be 
made, specifying particularly the situation, direction and existing 
marks and monuments, if any, of the original line, and describing 
particularly the direction, location and length of the proposed new 
line, and setting forth the reasons for such change. The person or 
persons applying for such change shall also give notice of the in- 
tention to apply for such change, by publishing the same for at least 
thirty days next preceding the terms of the superior court to be held 
in the counties to be affected, which terms shall be those occurring 
next after the filing of the petition with the ordinaries, by publishing 
such notice in a public gazette having general circulation in each of 
the counties to be affected by the change, and by posting at the door 
of the court-house in each of such counties, and at three publio 
places in every militia district adjacent to the line to be changed, a 
like notice of the intention to apply for such change, and such post- 
ing shall be for a period at least of thirty days next preceding the 
terms of the superior court to be held in the counties next after the 
posting of the notice aforesaid. 

§383. (508 o.) Change, how effected. It shall be the duty of the or- ^Sfg^ 
dinaries of the counties whose dividing line is sought to be changed, 
to lay before the grand juries of their respective counties, on the 
first day of the term of the superior courts to be held next after th§ 



§§ 384-386 SIXTH TITLE.— CHAPTER 5. 126 

Settling disputed county lines. 

publication of the notice and the filing of the petition provided for 
in the preceding section, the original petition , together with all 
maps, plats and other papers that may have been filed therewith, 
and if such grand juries shall, by a two-thirds vote of their respec- 
tive bodies, approve the change applied for, they shall so declare in 
their general presentments, and this action of the grand juries shall 
be certified at once by the clerks of such superior courts to the ordi- 
naries, board of commissioners of roads and revenues, or other officer 
having the control of county business in the counties to be affected, 
who shall, within thirty days from the date of such certification, 
approve or disapprove the application, and certify their action to 
the ordinaries of their respective counties. When said ordinaries 
shall have satisfactory evidence of the concurrent approval of the 
grand juries, and of the officer or officers charged with the control of 
county business in the counties to be affected, they shall cause to be 
published for at least thirty days, in a public gazette having gen- 
eral circulation in their respective counties, an official notice of such 
concurrent approval and a description of the line approved. 

A p Ct 53 18801 ' §384. (508 r.) Change effected, when. When all the proceedings 
shall have been had in the manner -prescribed in the preceding sec- 
tions, and when the same shall have been fairly recorded by said or- 
dinaries on the minutes of their respective courts, the new line or 
lines shall be held to have been established in lieu of the original 
line or lines. 

Acts^iHso-i, |385 # (508 s.) Costs to be paid by applicant. The entire costs of ad- 
vertising and recording the petition, descriptions and all other pa- 
pers and proceedings relating to the proposed change, shall be paid 
by the person or persons applying therefor. 



CHAPTER 5. 

SETTLING DISPUTED COUNTY LINES. 

^ ct io6 887 ' §386. Proceedings to settle dispute as to county lines. Wherever the 
$30 ' boundary line between two or more counties in this State shall be in 

dispute, and the grand jury of either county shall present that the 
same requires to be marked out and defined, it shall be the duty of 
the clerk of the superior court in the county where such presentments 
were made to certify such presentments to the Governor, and the 
Governor shall appoint some suitable and competent surveyor who 
shall not reside in either county, to survey, mark out and define the 
boundary line in dispute, and return such survey with plat to the 
secretary of State's office to be recorded in a book to be kept for that 
purpose. 



127 SIXTH TITLE.— CHAPTER 6. §§ 387-393 



Change of county-sites. 



§387. Survey final. When such survey shall have been made,. re- Acts^887, 
turned and recorded, as provided in the preceding section, it shall be 
final and conclusive as to the boundary line in dispute. 

§388. Compensation of surveyor. The surveyor shall receive as com- p.^oe 887 ' 
pensation the sum of ten dollars per day while actually engaged in 
making the survey; he shall not be allowed more than five dollars 
per day for the paying of chain-carriers, flag-bearers and other la- 
borers necessary to clearly mark out and define such line. 

§389. Paid by each county. The fees and expenses allowed in the A p ct io6 887 ' 
preceding section shall be divided equally and chargeable to the 
counties interested in the establishment of such line, upon the affida- 
vit of the surveyor. 

§390. Notice of survey. Before the surveyor shall proceed to make A p Ct io6 887 ' 
the survey, he shall by mail or personally give the authorities hav- 
ing charge of the revenues of the counties at least ten days notice of 
the time and place intended to commence the survey. 



CHAPTER 6. 

CHANGE OF COUNTY-SITES. 

§391. (508 x.) Application for change, how made. Whenever two- Acts 1878-9, 
fifths of the poll-taxpayers (as shown by the tax-receiver's digest Jg^'P- 39 - 
last made out) of any county in this State shall petition the ordi- 
nary for the removal or change of the county-site of said county, 
said ordinary shall at once grant an order directing an election to be 
held at the various election precincts in said county, not less than 
forty, nor more than sixty days thereafter, notice of which election 
shall be published weekly for four weeks, in the newspaper in which 
the sheriff publishes his legal notices, previous to the day of said 
election; all persons qualified to vote for members of the General 
Assembly are qualified to vote at said election: Provided, that elec- 
tions under this section shall not occur oftener than once in five 
years. 

§392. (508 y.) Election, how conducted. Said election shall be held Acts i878-9 f 

° x J ' p. 44. 

and conducted, and returns made thereof, as is provided by law for 
members of the General Assembly. 

§393. (508 z.) Indorsement on ballots. At said election all voters in Acts 1878-9, 

" x ' p. 44. 

favor of removal, and to what place, shall indorse on their ballots 
"For removal," and those who are opposed to removal shall indorse 
on their ballots "Against removal," and if two-thirds of the votes 
cast at said election are in favor of removal to any one particular 
place, the General Assembly next convening after said election, may 
provide for the removal of said county-site by appropriate legislation. 



§§394-397 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 1. 128 

County revenue ; from taxation ; special and extra tax. 

A P ct 44 1878 " 9, § 894 - (508 aa.) Evidence of election. The certificate of the sec- 
retary of State, showing that said election was held, and that two- 
thirds of the qualified voters of said county (as indicated by the tax 
digest) voted at said election in favor of "removal," shall be suffi- 
cient evidence of the holding of said election and the number of 
yotes cast. 



CHAPTER 7. 

COUNTY REVENUE 



ARTICLE 1. 

FROM TAXATION. 



SECTION 1. 
SPECIAL AND EXTRA TAX. 

^am'm.' §395. (502.) Extra tax, how levied. The ordinaries of the several 
counties have the power to levy an extra tax sufficient to carry into 
effect sections 351 and 352, without a recommendation by the grand 
jury, whenever the necessities arise. 

Section cited and construed: 47 Ga. 639; 64/501. Illegality to t&xfi. fa. dis- 
missed, and various decisions relative to, discussed : 60 Ga. 351. 

County compellable by mandamus to pay judgment for injury from defect- 
ive bridge. Under Constitution (section 5892) and this section, tax therefor 
leviable : 78 Ga. 28. 

S 9, 4i5 8 ' §396. (508.) On failure to levy an extra tax. If such ordinaries fail 
to comply with the requirement of said sections, or to levy the tax, 
or levy an exorbitant tax, or levy one when unnecessary, their con- 
duct may be reviewed by the judge of the superior court, by man- 
damus or injunction, as the nature of the case may require, at the 
instance of any taxpayer of the county. 

When order of ordinary levying extra tax is not void : 53 Ga. 194. Discre- 
tion of ordinary as to tax can be reviewed by the superior court by injunction 
or mandamus: 52 Ga. 233. As to the extra tax : 60 Ga. 351. 

In discretion of county commissioners whether to pay for repairs by levying 
tax or issuing bonds under the law : 76 Ga. 766. 

Conduct of county commissioners of Chatham county reviewed in same 
manner as ordinary's: 77 Ga. 336. 

Act8i88o-i, §897. (514 a.) Tax for support of paupers. The county authorities 
$5892. w Yio are charged with the control of the finances of their county are 



129 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 2. §§398-400 

Tax for county purposes, generally ; how levied. 

authorized to levy a tax for the support of the paupers of their 
county, which shall not exceed twenty-five per cent, upon the amount 
of the State tax for the year such pauper tax is levied. 

§398. (515.) Tax not sufficient. When debts have accumulated 
against the county, so that one hundred per cent, on the State tax, 
or the amount specially allowed by local law, cannot pay the cur- 
rent expenses of the county and the debt in one year, they shall be 
paid off as rapidly as possible, at least twenty-five per cent, every 
year. 



SECTION 2. 

TAX FOR COUNTY PURPOSES, GENERALLY; HOW LEVIED. 

§399. (509.) Tax for county purposes. The ordinaries have power Act 1821, 
to raise a tax for county purposes, over and above the tax they are $$ 42 s8, 5892. 
hereinbefore empowered to levy, and not to exceed fifty per cent, 
upon the amount of the State tax for the year it is levied: Provided, 
two-thirds of the grand jury, at the first or spring term of their re- 
spective counties, recommend such tax. 

Bond taken from the tax-collector for the due collection of such tax, as well 
as all proceedings on the bond, void, where this has been done before such 
recommendation : 18 Ga. 47. A tax levied wrongfully for school fund, under this 
section, cannot be directed to county purposes, nunc pro tunc: 20 Ga. 102-104. 
A tax for public buildings, assessed under an act authorizing an extra tax for 
county purposes, is void: 27 Ga. 354. There is no power to levy an extra tax 
for county purposes on the capital stock of a bank: 28 Ga. 121. By virtue of 
the power granted in this section, a tax so recommended might be imposed to 
pay petit jurors, and for paling in the court-house: 34 Ga. 370. Abuse of the 
taxing power will not be presumed: 34 Ga. 370. Power as to taxation en- 
larged by the Code: 34 Ga. 370. What not subject to county tax, where cap- 
ital stock of a railroad taxed as specified in the charter, any other like property 
taxed by the county : 40 Ga. 647. Where an extra tax, not to exceed fifty per 
cent, of the amount of the State tax for the year it is levied : 47 Ga. 639. In- 
junction against tax : 42 Ga. 229. One hundred per cent, of the county tax of 
199 per cent, was recommended by the grand jury, and the rest of the tax au- 
thorized by the local act: 60 Ga. 349. Refers to this last case above, and is 
governed by it : 60 Ga. 298. Tax for the smallpox ; the third section of the 
Act of 1866 authorizing a tax for, is law although it was not inserted in the 
Code of 1873: 52 Ga. 406. 

County taxes are not due the State, and are not preferred like State taxes 
in distribution of decedent's estate: 69 Ga. 326. 

§400. (510.) Duty of ordinary. It is the duty of such ordinaries to 
see that by the time of the organization of such grand jury they 
shall have prepared by their county treasurer, under their supervi- 
sion, a statement of the financial condition of the county, and the 
amount of tax required to discharge the county liabilities for that 
9 



§§401-404 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 3. 130 

Purposes for which county tax may be assessed. 

year, which shall be by the treasurer presented to the foreman of the 
grand jury on the first day of court, for inspection by that body, 
^tsisso-i, §401. (511.) Failure of grand jury to recommend. If from any cause 
such grand jury is not impaneled, or they adjourn without taking 
any action thereon, or they refuse to make such recommendation 
sufficient to discharge any judgment that may have been obtained 
against the county, or any debt for the payment whereof there is a 
mandamus, or the necessary current expenses of the year, such ordi- 
naries may levy the necessary tax without such recommendation. 
And in all cases when the spring term of the superior court of any 
county in this State be adjourned before the grand jury shall have 
made their general presentments, the officer whose duty it may be 
to levy a county tax shall levy the same to the full extent and for 
any purpose that a recommendation of such grand jury would have 
authorized: Provided, such tax shall not exceed the levy last recom- 
mended by a grand jury for such county. 

Under this section the ordinary had in this case only the right to levy such 
tax, not exceeding fifty percent, of the State tax: 42 Ga. 229. Where part of 
the tax was recommended by the grand jury, and the rest was authorized by 
the local act: 60 Ga. 351. Refers to above case, and that seventy-five per 
cent, of the tax in that case was for bridges, which needed no recommenda- 
tion of the grand jury: 60 Ga. 298. Construing this section and section 399 
limits the tax still to fifty per cent, on the State tax : 52 Ga. 234-238. 

§402. (512.) Where there are several grand juries. Where there are 
several grand juries impaneled during such term, the recommenda- 
tion of either panel shall be sufficient authority; but if there are 
counter-presentments on the subject, it shall be as though there had 
been an entire failure to report thereon. 

§403. (513.) County creditors and taxpayers. The right of a cred- 
itor of a county to compel such tax levied, or of a taxpayer to resist 
it, is the same as set forth in section 396, touching tax for building. 



SECTION 3. 

PURPOSES FOR WHICH COUNTY TAX MAY BE ASSESSED. 

^5892 8 ' 895 ' §404. (514.) Objects of county tax. County taxes shall be assessed 

for the following purposes: 

Every order assessing a tax should specify the per cent, laid for each of 
nine specific purposes mentioned in this section : 39 Ga. 56-58. 

§$38i,34i. \ To- pay the legal indebtedness of the county due, or to become 
due during the year, or past due. 

2. To build or repair court-houses or jails, bridges or ferries, or 
other public improvements, according to the contract. 



131 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 4. §405 

Assessment and collection of taxes. 

Where seventy-five per cent, of the tax was for bridges, which needed no 
recommendation of the grand jury: 60 Ga. 298. As to what limits in the tax 
for bridges : 34 Ga. 370. 

Taxing power of counties sufficiently broad to raise revenue to pay damage 
caused by constructing bridge or road : 85 Ga. 420. 

3. To pay sheriffs', jailers', or other officers' fees that they may be 
legally entitled to, out of the county. 

The legislature may provide for the payment of such costs as are not paid by 
the fines and forfeitures fund, by a levy of a tax : 39 Ga. 578. 

4. To pay coroners all fees that may be due them by the county 
for holding inquests. 

5. To pay the expenses of the county, for bailiffs at courts, non- 
resident witnesses in criminal cases, fuel, servant hire, stationery, 
and the like. 

Section cited and construed : 48 Ga. 349. No pay to non-resident witnesses 
of the county for testifying before a committing court: 65 Ga. 384. List of 
statutes relating to this subject : 34 Ga. 370. Tax for the county poor: 34 Ga. 
370. Tax raised illegally: 20 Ga. 102. On this section and section 405: 39 Ga. 
56. Tax to compensate the owners of town lots for damages sustained by re- 
moval of the county-site : 43 Ga. 258. 

6. To pay jurors a per diem compensation. 

7. To pay expenses incurred in supporting the poor of the county, $ 426 - 
and as otherwise prescribed by this Code. 

8. To pay charges for educational purposes, to be levied only in 
strict compliance with the law. 

9. To pay any other lawful charge against the county. 

No authority of law for publishing grand-jury presentments at public ex- 
pense : 82 Ga. 252. 

Claim against public treasury must be clearly referable to a law authoriz- 
ing it: 82 Ga. 252; see also 60 Ga. 612; 58/384. 

Taxing power of counties sufficiently broad to raise revenue to pay damage 
caused by constructing bridge or road : 85 Ga. 420. 



SECTION 4. 

ASSESSMENT AND COLLECTION OF TAXES. 

§405. (516.) Order must specify. As soon as the county tax is as- Act | 1862 " 3 ' 
sessed for the year, it shall be done by order of such ordinaries and^ 38 - 
entered on their minutes, which must specify the per cent, levied for 
each specific purpose. The assessment applies to every species of 
value or specifics which is taxed by the State. 

On this section and section 514: 39 Ga. 56. Section cited, and the order 
should specify the object and purposes for which the extra tax was levied : 47 



§§406-413 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 4. 132 

Assessment and collection of taxes. 

Ga. 639. The section cited, and the Constitution of 1877 in regard to taxes 
commented on : 64 Ga. 498-500. 

§406. (517.) Order to be advertised. The ordinaries must advertise 
immediately a copy of such order for thirty days at the door of the 
court-house and in a public gazette, if one is published within the 
limits of their respective counties, and furnish the tax-collector with 
another copy. 

$$361,199 §407. (518.) Taxes for specified purposes. Taxes raised for educa- 
tional purposes, or the support of the poor, or any other specific 
purpose, must be used for such purpose, respectively, and none other. 

$894. §408. (519.) Hoiv collected and paid out. All taxes levied for coun- 

ty purposes must be assessed upon the tax-receiver's books for each 
year, and collected by the tax-collector, who shall pay the same to 
the county treasurer. 

$468. §409. (519.) Jury certificates to be received. It shall be the duty of 

the tax-collector to receive jury certificates when properly authen- 
ticated, as far as they will go toward paying the county tax of the 
person holding the same, for all taxes due by the taxpayers of this 
State to their respective counties. 

Cited : 74 Ga. 817. 

§410. (520.) Collector's fees. The tax-collectors shall be allowed 
the same commissions and fees for such collections as they are al- 
lowed by law for the collection of the State tax, and are liable to the 
same fines and forfeitures for any default or improper conduct. 
Acts i86i, 8411. (521.) Commissions, how assessed. The ordinaries, in allowing 

p. 81. o \ / i ^ o 

$$967,774, collectors their commissions for ■collecting the taxes levied by their 

941. & J 

respective counties, are authorized and required to aggregate the 

taxes for the various purposes levied, and to allow commissions on 

the whole amount, in accordance with the schedule from which the 

comptroller-general is authorized to allow commissions to collectors 

for collecting the State tax. 

Act 17%, §412. (522.) Payment, how enforced. Any other remedy or right 

Act 1815, ' allowed by law for the enforcement of the collection and payment 

Act 1825, ' of the State taxes, either by the comptroller-general or tax-collector, 

Cobb,1066. , _ „ ' J ,-,-,•• 

$$894-908, may be used for the county taxes by the ordinaries. 

874-879. J J J 

The Act of 1796 was constitutional as far as it conferred the right to issue 
executions against collectors, receivers, etc. : 5 Ga. 186-193. When the comp- 
troller-general could not issue an execution against one purporting to be a 
tax-collector, and who was in default : 3 Ga. 233-238. Section cited and com- 
mented on : 47 Ga. 639-642. Section cited, and no notice need be given where 
tax fi.fa. against tax-collectors and sureties: 60 Ga. 296. 

$4i6. §413. (523.) Fi. fa. against persons holding county money. Such 

ordinaries shall also have authority to compel all persons, their 
heirs, executors or administrators, who have or may have in their 



138 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 4. §§414-417 



Assessment and collection of taxes. 



hands any county money, collected for any county purpose what- 
ever, to pay over the same. 

The law in this section discussed: 11 Ga. 335. A fi. fa. issued by the ordi- 
nary against the administratrix of a former tax-collector and his sureties for 
his default : 60 Ga. 298. 

§414. (524.) On failure to pay. On failure to pay the same, such A coDt> 96 i82 
ordinaries shall issue executions against such persons and their se- ^w 6 \ 469 ' 
curities, if any, for the full amount appearing to be due, as the 
comptroller-general issues executions against defaulting tax-collect- 
ors. 

The Act of 1796 was constitutional, so far as it gave the right to issue exe- 
cutions against collectors, receivers, etc. : 5 Ga. 186-193. 

Section cited : 60 Ga. 298 ; 68/666. 

Execution against tax-collector and sureties as on bond, not good against 
tax-collector's estate, he not having signed bond : 68 Ga. 665, 667, 668. 

§415. (525.) Illegality. If such execution shall issue for too much, ^ 903,396 - 
or if defendant denies on oath owing any part thereof, he may, by 
filing an affidavit of illegality, according to the rules governing other 
illegalities, cause an issue to be formed thereon, which shall be tried 
by a special jury at the first term of the superior court thereafter. 

Act of 1804 (Cobb, 1051) t prohibiting judicial interference with the collec- 
tion of taxes, does not extend to county taxes : 27 Ga. 354-357. A tax-collector 
should not say the tax was illegal: 60 Ga. 297. A fi. fa. against the ordinary 
may be contested by illegality : 54 Ga. 498. Affidavit of illegality by adminis- 
tratrix of a collector : 60 Ga. 296 ; 68/666. 

Conclusions of witnesses irrelevant on trial of illegality : 77 Ga. 163. 

Defense available only to sureties, not set up by principal : 77 Ga. 164. 

County execution against tax-collector prima, facie case for county ; met by 
illegality, issue made should be tried , dismissal for absence of county attor- 
ney without excuse, error: 83 Ga. 275. 

§416. (526.) Persons borrowing county money. The provisions of the §§ 413 > 418 - 
foregoing sections are applicable to all persons and their sureties 
who may borrow, or pretendedly borrow, any county money from 
any person having custody thereof, and shall be in all respects held 
as holders of county funds. 

§417. (527.) County tax may be remitted. In all cases where persons ^JvJ 45 '™, 
have been overtaxed, or for any other cause taxes are claimed to be §$849-858, 
remitted, refunded, or in any manner claimed against, the ordina- 
ries shall be authorized to hear and determine such application to 
the extent of the interest of the county therein . 



§§418, 419 SIXTH TITLE.— CHAP. 7, ART. 1, SEC. 5. 184 

Proceedings against defaulting tax-collectors and treasurers. 

SECTION 5. 

PROCEEDINGS AGAINST DEFAULTING TAX-COLLECTORS AND TREASURERS. 

^ t 82 1882 " 8 ' §418- Tax-collectors and treasurers to make account of actings. The 
894?9oi 6 ' °ffi cers i n the several counties who by law are authorized to bring 
874-879. defaulting tax-collectors and treasurers to a settlement of their ac- 
counts with the county, shall also have power and authority, and it 
shall be their duty, to compel the tax-collectors and treasurers of 
their respective counties to come before them at such times as may 
be designated by them, not less than twice in each year, to render an 
account of their official actings and doings respecting the county tax 
and funds, and to make a full and complete exhibit of their books, 
vouchers, accounts, and all things pertaining to their several offices. 
§419, Failure to account, malpractice. The failure or refusal of any 
tax-collector or county treasurer to render the account and make 
the showing provided for by the preceding section, after being noti- 
fied so to do by the proper officer or officers, shall constitute mal- 
practice in office, and a conviction therefor shall subject the offender 
to removal from office. Pending the continuance of such failure or 
refusal after the notice aforesaid, the officer or officers aforesaid, 
who are by law authorized in the several counties to bring defaulting 
tax-collectors and treasurers to a settlement, shall have power and 
it shall be their duty, to suspend the said tax-collector or treasurer 
from duty; and in the case of the tax-collector, to appoint some com- 
petent person in his stead to collect the county tax pending such 
suspension and until the question of removal can be passed upon 
and decided by the proper tribunal; and in case of the treasurer, to 
appoint some fit and proper person to take charge of the county 
funds, and perform the duties of his office, pending such suspension 
and until the question of his removal can be passed upon and de- 
cided by the proper tribunal. Proper bonds shall be taken from the 
persons so appointed, as now provided by law: Provided, nevertheless, 
that the power given by this and the preceding section to inquire into 
the affairs of the tax-collector and treasurer of the county, and to 
suspend them from office in certain cases, shall in no way affect 
their own liability, or that of the sureties on their official bonds. 

General Note. — Failure for forty years by county authorities, etc., to recog- 
nize legislative change of county boundary, not affect right to recognize true 
boundary, assess taxes, etc. : 92 Ga. 549. 



135 SIXTH TITLE.— CHAPTER 7, ARTICLE 2. §§420-423 

From liquor licenses and other sources than taxation. 

ARTICLE 2. 

FROM LIQUOR LICENSES AND OTHER SOURCES THAN TAXATION. 

§420. (528.) Sources of county revenue. All sums which are paid 
into the county treasury for the following accounts make a part of 
the county revenue, viz.: 

Section cited : 64 Ga. 501. 

1. For the authorized sale of any county property, unless other- 
wise directed 

2. For the rent or hire of any county property. 

3. For shows or exhibitions. 

4. For licenses to sell liquors in any quantity. ^ 1519 ' 

5. From es trays. 

6. From licenses to peddle. 

Section cited : 55 Ga. 686. 
Cited: 69 Ga. 743. 

7. From any other sources. 

§421. (529.) Retail licenses, exhibitions, etc. The county charges 
for such licenses are as follows: 
To sell liquors . . $ 25 00 Acts im -^ 

p. 128. 

To peddle within the county, unless otherwise provided by Act 1820, 

the ordinary under the law . . . . 50 00 Aet 18 ^. 

m , ., . , J . Cobb, 185. 

To exhibit shows with horses 10 00 $ 1526 - 

To exhibit animals, beasts, and the like ,.,.«...... 10 00 

To exhibit any pictures or figures ..,.,....-..,. 5 00 

To exhibit any other show, not less than $5.00, nor more 

than $25.00, as the ordinary, may order. 
To exhibit theatricals or musical entertainments for profits 
to the proprietor, not more than $5.00 on each exhibi- 
tion, and subject to contract with the court. 

Cited: 69 Ga. 743. 

No application to the employer of peddler, or others than peddler himself: 
84 Ga. 754. 

§422. (530.) Licenses for one year. All such licenses, except exhi- 
bitions, are for the term of one year, extending to the county limits; 
but license to sell liquors will only authorize, either by the person in 
whose name it issues or his clerk, to sell at some one fixed place in 
the county, which must be specified in the license. 

License for four months illegal, and will not protect from prosecution: 65 
Ga. 157. 

§423. (531.) Selling without license. If any person sells liquors 
without first obtaining license, or, having obtained it, sells at any 
other or more places than the one fixed in the license, or transfers 



,§424-428 SIXTH TITLE.— CHAPTER 8, ARTICLE 1. 186 

County poor; jurisdiction of ordinary. 

it and allows it used by any other person than himself or an author- 
ized clerk, he forfeits to the county, for each violation, twenty-five 
dollars. 

§424. (532.) Exhibitions, etc., without license. If any person ex- 
hibits any show without first obtaining such license, or exhibits a 
show different from that for which he obtained license, he forfeits to 
the county three times the cost of license for each exhibition. 

§425. (533.) Peddling without license . If any person, except a dis- 
abled soldier of this State, peddles without first obtaining such li- 
cense in counties where the ordinaries take no action regulating ped- 
dling, he forfeits to the county one hundred dollars for the first act 
of peddling, and for each month thereafter twenty-five dollars more. 

Section cited, who are peddlers, forfeiture: 55 Ga. 686. 

Traveling lightning-rod dealer who puts up the rods he sells, is mechanic 
and not peddler: 76 Ga. 817. 

An itinerant, trading by sample, a peddler: 84 Ga. 754. 

No application to the employer of peddler, or others than peddler himself: 
84 Ga. 754. 

License as prerequisite to peddling, where interstate commerce involved, 
unconstitutional : 84 Ga. 754. 



CHAPTER 8. 

COUNTY POOR. 

( ARTICLE 1. 

JURISDICTION OF ORDINARY. 

A clhb 2 m. §426. (754.) Paupers. The general supervision of all paupers is 

A cobb!347. vested in the ordinaries of each county. 

The acts cited on the margin confer the right to inquire into the circum- 
stances of the poor, to elect who shall be treated as paupers, and who shall be- 
come chargeable to the county, and until this has been done by some act or 
order, no person can properly be said to be thus chargeable : 16 Ga. 89. Prior 
to the Code the tax for the support of paupers might extend to one-eighth of 
one per cent, : 34 Ga. 370. 

§427. (755.) Poorhouses. They have authority to purchase lands 
for a poorhouse, the title thereto vesting in the county, or to rent 
improvements for such purpose, or to board out the poor, and to 
make all necessary contracts in relation to them. 
Act *io 8656, §428, (756.) Pauper farms. Upon the recommendation of the 
$404(7). grand juries of their respective counties, said ordinaries shall have 
power and authority to purchase a house and farm in their respec- 
tive counties, upon which farm they may require all paupers in said 
counties to labor who are not, from old age and disease, unable to 
work. 



187 SIXTH TITLE.— CHAPTER 8, ARTICLES 2, 8. §§429-486 

Relief to poor Confederate soldiers. Commissioner of the poor and his duty. 



§429. (757.) Tax. The said ordinaries have authority to lay and 
collect a tax for the purpose of purchasing said house and farm. 

§480. (758.) Regulation of. They are also authorized to establish 
all necessary rules and regulations in the management of said farms. 

§481. (759.) Workshops, etc. They are further authorized to es- 
tablish any workshops, and schoolhouses, or churches, on said farms, 
as they may deem proper, -and may do any and everything necessary 
to carry out the provisions of this and the three sections preceding it. 



ARTICLE 2. 

RELIEF TO POOR CONFEDERATE SOLDIERS. 

§482. Poor fund to relieve ex-Confederates. Each and every county Acts isqs, 
in this State is authorized and directed to use so much of the poor 
fund raised by taxation as may be necessary to provide food and 
clothing for any ex-Confederate soldier of this State, who may be- 
come chargeable upon the poor fund, without compelling him to be- 
come an inmate of the poorhouse or poor-farm of said county. 

§438. Regulations to discover whether applicant entitled. Whenever Acts is»3, 
any ex-Confederate soldier shall apply to the proper county author- 
ity for assistance from the poor fund, it shall be the duty of said 
county authorities to ascertain whether he is properly entitled to 
assistance contemplated by the preceding section. 

§484. Assistance in food and clothing. The assistance to be ren- Acts isqs, 
dered shall not be by payments of money, but shall be made in pro- 
visions of food and a proper amount of comfortable clothing, to be 
used wherever he may see fit to reside; it being the intent that no 
ex-Confederate soldier of Georgia shall be forced to become an inmate 
of any poorhouse or poor-farm in this State in order to obtain re- 
lief from the authorities of the county in which he may reside. 



ARTICLE 8. 

COMMISSIONER OF THE POOR AND HIS DUTY. 

§485. (760.) Commissioners of the poor. The ordinaries shall, if 
necessary, appoint a commissioner of the poor, and the money aris- 
ing from the poor tax shall be paid into the hands of the county 
treasurer, on orders granted in his favor by such ordinaries, or in 
favor of any other person. 

§486. (761.) Receiver and disburser. Whoever receives and dis- 
burses such fund must, once in every year, at the time such ordina- 



437-441 SIXTH TITLE.— CHAPTER 8, ARTICLE 4. 138 



Paupers. 



ries may order, or oftener if they require, make up his account and 
lay the same before them, who shall allow or disallow, and whenever 
there is a deficiency or liability on the part of such person, he may 
be ruled for the amount as an officer of court. 

§437. (762.) Application of pauper. Application to be provided 
for as a pauper may be made at any time to the commissioner of the 
poor or the ordinary, upon which a hearing must be had, with the 
least possible delay, by the ordinary, and the person to whom such 
application is made is authorized to provide for such applicant as 
other county poor until a hearing is had. 



ARTICLE 4. 

PAUPERS. 



§438. (763.) Who are paupers. No person shall be entitled to the 
benefits of the provision for the poor who is able to maintain him- 
self or herself by labor, or if not, has sufficient means, and in cases 
where females are unable to maintain themselves and the helpless 
children they may have also, they may be aided to the extent re- 
quired in the furnishing of food, clothing or shelter. 
$$2501,2506, §489. (764.) Parents and children bound to support each other. If 

2508. 

any such person has father, mother or child of sufficient ability, he 
or she must be supported by them, and failing so to do, any county 
in this State having made provision for such persons, may sue per- 
sons of full age standing in such relation to them, and recover for 
the time such county has made provision for such person: Provid- 
ed, always, the person sued was possessed of such ability. 

§440. (765.) Certificate of the ordinary. On the trial, the certifi- 
cate of the ordinary 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. 
Act 6o 868 " 4, §441- (766.) Paupers, how buried. Whenever any person shall die 
in this State, whose family and immediate kindred are indigent and 
unable to provide for the decent interment of such deceased person, 
and where the deceased is a pauper and destitute of the means of 
paying for decent interment, the ordinary of the county where said 
death shall occur, in case there be any pauper funds belonging to 
the county unexpended, shall appropriate a sufficient amount thereof 
to provide a decent interment for such deceased pauper, or to reim- 
burse such person as may have expended the same voluntarily — said 
appropriation not to exceed what is necessary to defray the ordinary 
funeral expenses of persons dying in humble circumstances in this 
State. 



139 SIXTH TITLE.— CHAPTER 8, ARTICLE 4. §§ 442-447 

Paupers. 

Where coroner was entitled to reimbursement for burying victims of storm, 
not as ''costs" but under this section : 73 Ga. 806. 

§442. (767.) Persons removing paupers, liability. When any inhab- 
itant of any county, city, town or village in or out of the State 
sends a pauper to some county in this State, by paying the expense 
of transportation, or otherwise has him removed for the purpose of 
burdening some other community, the person so engaged shall be 
personally liable for the support of the pauper in the county where 
he locates. 

§443. (768.) County liable, when. If the person so engaged in$ 341, 
transporting a pauper is insolvent, or does not respond to such de- 
mand from any cause, the county from which the transportation 
took place shall be liable. 

§444. (769.) Paupers left by migratory companies, etc. If any person 
commanding any vessel, or the manager or proprietor of any the- 
atrical, circus, or any other migratory company, or their agent, or 
any person passing or moving through this State, shall bring and 
leave or abandon herein any infant, lunatic, maimed, deaf and 
dumb, blind, aged or infirm person, who is or is likely to become 
chargeable to the county, he may be brought by warrant before any 
judicial officer. 

§445. (770.) May be required to give bond. If such officer is satis- 
fied that such person is or probably will become such charge, he 
must require such person to enter into bond, payable to the Govern- 
or of the State and his successors in office, with sufficient sureties 
resident in this State, for the sum of five hundred dollars, for each 
of such persons so brought, conditioned to pay all such expenses as 
any county in the State may lawfully incur in their support. 

§446. (771.) Such bond to be filed in the office of the ordinary. Said 
bond must be filed in the office of the ordinary of the county where 
the paupers are at the time of its execution, and, upon condition 
broken, may be sued on and recoveries had, until exhausted in dif- 
ferent actions, in behalf of any county or person who may have 
properly contributed to the maintenance of such pauper. 

§447. (773.) Lunatics. When a pauper is found to be a lunatic, 
idiot, deaf and dumb, or blind, they must be dealt with according 
to the laws relating to them. 



448-455 SIXTH TITLE.— CHAP. 9, ART. 1, SECS. 1, 2. 140 

County officers; county treasurer; election and oath. Bond of county treasurer and its lien. 

CHAPTER 9. 

COUNTY OFFICERS. 



ARTICLE 1. 

COUNTY TREASURER. 



SECTION 1. 

ELECTION AND OATH. 

^brfm §448. (542.) Election and term, of treasurer . County treasurers are 
Act | 2 1827 ' elected by the qualified voters of their respective counties, and hold 
§5929. their offices for two years and until their successors are elected and 
qualified. 

§449. (543.) Oath and bond. No appointment or election is ef- 
fectual until bond and security is given and oath of office taken. 

Giving bond and security is a condition precedent before a county treasurer 
can enter on his office (citing Act of 1825, Cobb, p. 211) : 9 Ga. 185. 

^5obb 8 m §450. (544.) How removed. They may be removed in the same 

$4366. manner that clerks of the superior courts may be. 

^23o 88 ' 4350 ' §451. (545.) Vacancies. Vacancies are filled as vacancies in other 
county offices are filled. 

§452. (546.) Qualifications. No other conditions of eligibility are 
required save those that apply to all other officers, but no other of- 
ficer can be county treasurer. 

Act 1838, 8453. (547.) Oath and bond, where filed. His oath of office must 

Cobb, '215. . . 

be entered on the minutes of, and filed in the office of, the ordinary, 
and his official bond must be filed and recorded in said office. 
$28t. §454. (548.) Oath. County treasurers, before entering on the 
duties of their office, besides the oath required of all civil officers, 
must take the following oath, viz.: "I, , do swear I will faith- 
fully collect, disburse, and account for all moneys or other effects of 
the county, and otherwise faithfully discharge all the duties re- 
quired of me by law as county treasurer. So help me God." 



SECTION 2. 

BOND OF COUNTY TREASURER AND ITS LIEN. 



Actsi889, §455. (549.) Amount of bond. They shall also, within thirty days 
from their election or appointment, give a bond payable to the ordi- 



141 SIXTH TITLE.— CHAP. 9, ART. 1, SEC. 8. §§456-460 

Duty of county treasurer. 

nary of the county, with securities to be by him approved, in a sum 
which, in his judgment, will be double the amount of the county tax 
for the ensuing year, receipts from other sources, and cash on hand. 

§456. (549a.) Bond a lien from time of signature. When any offi- Act j 6 1876 ' 
cial bond is executed by any county treasurer, or any person acting ^ 189 » 927 - 
as such, the property of said treasurer, or any person so acting, as 
well as the security or securities on said bond, shall be bound from 
the time of the execution thereof, for the payment of any and all 
liability arising from the breach of said bond. 

Sureties not allowed to show by parol that bond was delivered to ordinary 
with understanding that they were not to be bound till others signed it: 70 
Ga. 486. 

§457. (550.) Appointees to fill vacancies must give bond. The bonds 
of appointees to fill vacancies shall be likewise in his discretion, tak- 
ing into consideration the amount that may come into their hands, 
and for double such amount. 



SECTION 3. 

DUTY OF COUNTY TREASURER. 

§458. (551.) County funds. All county funds are to be paid to, 
and disbursed by, the county treasurer, except such as may be spe- 
cially excepted by law, and then to be collected and disbursed as 
specially directed. 

When the county treasurer is not entitled to commissions out of the county 
funds : 60 Ga. 556. Since the Act of 1872, the county commissioner, and not 
the county treasurer, is the legal custodian of the school fund : 60 Ga. 558. 

Cited : 69 Ga. 329. 

§459. (552.) Office, where kept. He must keep his office at the$ 226 - 
county-site, or at some place within one mile of the court-house. 

§460. (553.) Duty of county treasurers. It is their duty — A f ? t 1 1 ?. 2 !' 

1. To diligently collect from all officers and others all countv dues. A ^ t 1 1 ? ; ^ 8 ' 

*^ J Cobb, 216. 

Section cited : 64 Ga. 679. A p% im ' 

2. To examine the minutes and execution dockets of the different 
courts of the counties, to demand and receive all moneys appearing 
to be due thereon, and to institute proceedings against defaulters. 

3. To pay without delay, when in funds, all orders, according to 
their dates (or other debts due); and when not in funds, as herein- 
after prescribed. 

Section cited : 64 Ga. 679. 

4. To take a receipt on each order when paid and carefully file it 
away. 



§§461-468 SIXTH TITLE.— CHAP. 9, ART. 1, SEC. 4. 142 

County orders. 

5. To keep a well-bound book in which shall be entered all re- 
ceipts, stating when received, who from, and on what account, and 
all amounts paid out, stating when paid, to whom, and on what ac- 
count. 

6. To keep a well-bound book in which shall be entered a full de- 
scription of all county orders, or other forms of indebtedness, as 
they are presented; to record a copy of the orders of the ordinary 
levying county taxes. 

Failure to keep proper records will not justify offering lower evidence : 77 
Ga. 163. 

$233. 7. To exhibit to the first grand jury at the first session of the su- 

perior court of each year, a full statement of the condition of the 
county treasury up to that time, and on the second Monday in Jan- 
uary, annually, to file with the ordinary a full statement of his ac- 
count, accompanied by his vouchers for the preceding year, together 
with his estimate of the indebtedness of the county for the ensuing 
year, and the means of providing therefor, and to place his books 
before either of said bodies for examination when called upon. 

8. To appear before the ordinary or grand jury to render an ac- 
count of his actings and doings as county treasurer, and to exhibit 
his books and vouchers whenever notified. 

Section cited : 64 Ga. 679. 

9. To publish at the door of the court-house, and in a public ga- 
zette, if there is one published in the county, a copy of his annual 
statement to the ordinary. 

§461. (554.) Books, etc., furnished by the county. All books and sta- 
tionery the county treasurer may require must be furnished at the 
expense of the county. 

§462. (555.) Books, etc., when deposited. When the books of such 
treasurer are full, they, together with the vouchers or other files 
relating thereto, or connected with the office, must be deposited in 
the office of the ordinary and afterwards be part of his records. 



SECTION 4. 

COUNTY ORDERS. 

$$199(8), 8463. (556.) Order in which the county debts are paid. When there 

206 ( 7 ) 720 o \ / t/ j. 

' are funds enough to pay all outstanding orders and other forms of 
indebtedness due, which the treasurer may be authorized to pay, 
they may be paid indiscriminately without regard to their dates; 
when there is enough to pay all dated anterior to some particular 



143 SIXTH TITLE.— CHAP. 9, ART.l, SEC. 4. §§464-468 

County orders. 

dates, all such may be likewise paid indiscriminately; when there 
is not enough to pay all of equal degree, they shall be paid ratably; 
under all other circumstances, they shall be paid in the order of 
their dates. 

Section construed as to the order of payment : 39 Ga. 56-58. 

§464. (557.) County orders. No order shall be paid until after 
five days from its date and delivery, unless otherwise specially or- 
dered, that the ordinary may furnish 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 law without further notice to the treasurer previous to 
the time of payment. 

§465. (558.) Failure to present county orders. If any person hold-$ 199 ( 15 )- 
ing county orders shall fail to present them by the first day of De- 
cember of each year to the county treasurer for payment, they shall 
be postponed to all orders which were so presented and not paid for 
want of funds. 

§466. (559.) Want of funds. On the first day in December ofSWS). 
each year such treasurer shall make an entry of all orders entitled 
to payment which were not so presented for payment, and what or- 
ders not of equal dignity have been paid instead, in whole or in 
part, and what others are entitled to payment before such non-pre- 
sented orders. Persons holding such orders, who present them with- 
out receiving their pay before said day, may have the treasurer an- 
nually to mark thereon "Presented," the day of presentation, and 
not paid for want of funds. 

§467. (560.) County orders negotiable. All county orders are ne- 
gotiable by delivery or indorsement, and the indorser liable accord- 
ing to the terms of his indorsement, 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. 

County orders are not legal tender: 63 Ga. 311. 

§468. (561.) Treasurer shall not purchase orders at a discount. Such §§208, m 
treasurer is forbidden to buy up any county orders or claims for less 
than their full par value, either by himself or agents, directly or in- 
directly, or by paying for them in property at an estimated value 
above its true value. 

Section construed, and cannot show in defense that the one from whom he 
purchased had not a good title : 47 Ga. 522. 



469-471 SIXTH TITLE.— CHAP. 9, ART. 1, SECS. 5, 6. 144 



Proceedings against defaulting treasurer. Final settlement and fees. 

SECTION 5. 

PROCEEDINGS AGAINST DEFAULTING TREASURER. 

^ t hh 25 2 2 §469. (563.) Treasurer failing to pay over money. When the county 
$|924. 206, treasurer at any time fails to pay any order which is entitled to pay- 
ment, or other legal demand upon him, or to pay any balance that 
may be in his hands to his successor, or to the person entitled to re- 
ceive it, the ordinary may issue execution against him and his sure- 
ties for the amount due, as against a defaulting tax-collector. 

Ten days notice required by the Act of 1825, before execution can issue: 9 
Ga. 186-188. Mandamus against the county treasurer, and when no order from 
the inferior court was necessary : 9 Ga. 367-371. Certiorari is not the proper 
remedy where such execution was improperly issued : 29 Ga. 155. County 
treasurer should not refuse to pay a certificate because there were outstanding 
claims to the title thereof: 9 Ga. 334-337. Execution against a defaulting tax- 
collector's estate: 60 Ga. 298. Section cited and commented on : 64 Ga. 679. 

Execution issued by ordinary against treasurer abandoning office, legal: 65 
Ga. 553. 

Defendant entitled to trial by jury after execution issued, and having had 
such, cannot complain that he did not have it before ; execution issued by 
county commissioners and signed by clerk : 67 Ga. 220. 

Separate fi. fas. issued against treasurer and his sureties, met by separate 
affidavits of illegality, and referred to an auditor to take account: 70 Ga. 486. 

Homestead of surety on county treasurer's bond subject to fi. fa. issued 
upon failure of treasurer to pay moneys to successor : 76 Ga. 352. 

Notice not condition precedent to issuing execution : 77 Ga. 163. 



SECTION 6. 

FINAL SETTLEMENT AND FEES. 

§470. (564.) Books must be turned over to successor. In case of the 
resignation, expiration of the term, or removal from office, such 
treasurer, or if he is dead, his personal representative, must state 
his accounts, and deliver all the money, books, papers and property 
of the county to his successor, as other officers do, who must report 
the same immediately to the ordinary. 

§471. (565.) Final settlement. When such county treasurer, or his 
representative, has made a fair and full statement of all his accounts 
and liabilities as such, an exoneration of himself and sureties, to- 
gether with the details of such settlement, must be entered on the 
minutes of the court of ordinary, and be final, except for fraud. 

Where the tax-collector pays money to the county treasurer by mistake, 
and can recover it back : 3 Ga. 90. Defense by the county treasurer to a claim 
against the county, order having been given by the inferior court to pay the 



145 SIXTH TITLE.— CHAP. 9, ART. 2, SEC. 1. §§472-476 

County surveyor and his fees; election, oath, and bond. 

creditor, such treasurer cannot go behind the order: 8 Ga. 560. Election of 
the treasurer of Muscogee county, who is an officer of that county : 33 Ga. 332. 
On the Act of 1868, as to the payment of orders: 39 Ga. 56. The county 
treasurer, and not the ordinary, is now by law the treasurer of the board of 
education : 45 Ga. 498. 

§472. (3703.) Fees of county treasurer. County treasurers in the Act f 1874 ' 
several counties of this State are entitled to receive two and one-half ^^J' 
per cent, commission for receiving, and two and one-half per cent, 
commission for paying out, all sums up to ten thousand dollars; and 
one and one-fourth per cent, for receiving, and one and one-fourth 
per cent, for paying out, the excess over ten thousand dollars, for 
receiving and paying out county funds: Provided, that in no case 
shall the compensation of county treasurers exceed the sum of three 
thousand dollars per annum. 

For making his returns to the grand jury $ 1 00 

For making his returns to the ordinary 1 00 

County treasurer entitled to two and one-half per cent, for receiving public 
funds, and two and one-half per cent, for paying out the same : 54 Ga. 172, 252. 
No commissions to be retained by county treasurer for money borrowed 
without authority of law for it: 60 Ga. 556. 



ARTICLE 2. 

COUNTY SURVEYOR AND HIS FEES. 



SECTION 1. 

ELECTION, OATH, AND BOND. 

§473. (566.) How elected. County surveyors are elected, commis- 
sioned, qualified, and removed as clerks of the superior courts are, 
and hold their offices for two years. 

§474. (567.) Failure to elect. In case there is a failure to elect a$ 4238 - 
person who is commissioned and qualified at the regular time, or a 
vacancy occurs, the ordinary must appoint such surveyor, until the 
vacancy is filled according to law. 

§475. (568.) When appointed by the court. If a county surveyor 
derives his authority from appointment, he needs no commission be- 
yond the order of such ordinary entered on his minutes, of which 
appointment the Governor of the State must be informed without 
delay. 

§476. (569.) Oath and bond. Before entering on the duties of his Act 1847, 

Cobb 217 

office, besides the 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 

10 



§§477-481 SIXTH TITLE.— CHAP. 9, ART. 2, SEC. 2. 146 

Duties of county surveyor. 

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. 

§477. (570.) May be removed. Whether appointed or elected, be- 
sides the causes of removal which apply to all officers, he may be re- 
moved by the ordinary for want of capacity, on the same proceeding 
before him, and by him to be decided, that officers are removed in 
the superior court. 
A Cobb 7 665 §478. (571.) One for each county. There must be one for each 
^obb^Vo coun ty> and he is empowered to appoint one or more assistants or 
deputies, for whose conduct he is responsible. 

§479. (572.) Must take an oath. When such an assistant is ap- 
pointed he must take the same oath the surveyor takes, and the fact 
of the appointment must, at the same time, be entered on the min- 
utes of the ordinary. 



SECTION 2. 

DUTIES OF COUNTY SURVEYOR. 

§480. (573.) Office, where kept. The county surveyor may keep his 
office at his place of abode, if within the limits of the county. 

A c C obD 8 672 § 481 ' ( 574 -) Duties - Jt is his duty— 

A cobrf 8 2i5 ■*■' ^° P unc tually observe and carry into effect all such orders as 

$328i. h e may receive from the officer who may lawfully command him. 

2. To admeasure and lay off dower, to partition lands, to make 
resurveys, to give plats of all surveys, and to administer all oaths 
required by law in such cases. 

Oohbfefa. ^* ^° surve y county lines and district lines, or other surveys, in 
which his county may be interested, whenever required by the ordi- 
nary. 

Commissioners to lay out militia district, etc., not limited to county sur- 
veyor : See section 334 ; 68 Ga. 354, 358. 

4. To execute all surveys required by the rule of any court of com- 
petent jurisdiction. 

Rule of survey taken out pending an action of ejectment should be limited 
to the purpose for which it was intended : 28 Ga. 465. 

5. To keep a well-bound book in which shall be entered plats of 
all surveys made by him, with a minute of the names of the chain- 
bearers, when executed, by whose order and to whom plat delivered, 
if any; which book shall belong to his office and be turned over to 



$5686. 



147 SIXTH TITLE.— CHAP. 9, ART. 2, SEC. 2. §§482-487 

Duties of county surveyor. 

his successor, and when full shall be deposited in the office of the 
ordinary. 

§482. (575.) Fees. When surveys are made for private or corpor- 
ate benefit, the fees are to be paid by the person, or persons, or cor- 
poration who orders the survey; when by order of the ordinary, 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. 

§483. (577.) Payment of fees. If after a county surveyor has made 
a survey for any person, who neglects to pay him, such surveyor 
upon making oath before the ordinary of his county of the per- 
formance of such service and its value, such ordinary shall issue a 
fl. fa. in the name of the ordinary, for the use of such surveyor, 
against such defaulter, who may defend himself therefor, in the 
same manner as persons against whom executions issue who detain 
county funds. 

§484. (578.) Surveys, when evidence. Surveys or plats of land $$ 5686 - 5690 - 
made by the county surveyor, under order of court, and on notice to 
all the parties, of lands within his county, signed by him officially, 
and stating the contents, courses, distances, of any land surveyed by 
him, are presumptive evidence of the facts, if all the requisites of 
the law touching such surveys and the reports thereof are complied 
with. 

Survey by the county surveyor alone is evidence : 58 Ga. 315= 
Cited : 71 Ga. 627. 

§485. (579.) Where there is no surveyor. When there is no county 
surveyor, any competent person, a citizen of the county, may per- 
form his duties, when specially required, if first sworn to do the 
same skillfully, faithfully and impartially, to the best of his knowl- 
edge; or in default of such person, the county surveyor of an adjoin- 
ing county may officiate. 

§486. (580.) Persons acting. Persons performing such service are 
on the same footing as county surveyors as to the special service ren- 
dered, and are personally liable as such surveyors are officially. 

§487. When surveyor disqualified. When any county surveyor is Actsi882-s, 
interested in any survey to be made, the judge of the superior court 
or the ordinary of the county in which the land is located, upon the 
application of any party in interest, shall appoint a competent, dis- 
interested surveyor to make the survey, or the order may, in his dis- 
cretion, be directed to the surveyor of any adjoining county. If the 
surveyor appointed is not a county surveyor, he shall, before enter- 
ing on said survey, subscribe before some judicial officer of the 
county the oath now required of county surveyors. 



§§ 488-492 SIXTH TITLE.— CHAPTER 9, ARTICLE 3. 148 

Coroners. 

§488. Such surveyor's rights. The rights, powers and duties of the 
surveyor so appointed shall be the same as those of the county sur- 
veyor, and the return of such surveyor shall have the same force and 
effect as other surveys. 

§489. (581.) False survey. When any county surveyor, or other 
person acting as such, has knowingly surveyed land as vacant land 
which is not, or so made any other false survey, he is guilty of a mis- 
demeanor. 

^3obb 9 35o §490. (3702.) Fees of county surveyors. County surveyors' fees are 
as follows, to wit : 

For surveying a town lot and returning a certificate thereof . $ 1 25 

For surveying a tract of land of or under one hundred acres . 3 50 

For each hundred acres after the first 1 00 

For making a plat, recording, advertising, and transmitting 

the same to the secretary of State'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 resurvey of land by order of court, of or under one hun- 
dred acres, for the first one hundred acres 3 50 

For every one hundred acres after the first 1 00 

For every other resurvey of the same 1 00 

For making and certifying a plat thereof and transmitting the 

same 1 25 

Running line between counties, districts, or making new lines, 

per day, he furnishing the chain-bearer and provisions . . 8 00 

Actsi87o, For each plat of homestead, affidavit and return 5 00 

For each additional plat where more than one lot 3 00 

General Note. — This certificate when not evidence to prove possession : 21 
Ga. 113. Also see rules of superior court 55 to 59 inclusive. 



P 



ARTICLE 3. 

CORONERS. 



§491. (582.) How elected. Coroners are elected, commissioned, 
qualified, and removed as clerks of the superior courts are, and hold 
their offices for two years. 
$4238. §492. (583.) Ordinaries may appoint. The ordinaries appoint cor- 

oners on the same terms and in the same manner that they do county 



140 SIXTH TITLE.— CHAPTER 9, ARTICLE 3. §§493-497 



Coroners. 



surveyors, which appointments take effect as those of county treas- 
urers. 

§493. (584.) Oaths. Before entering on the duties of his office, $284. 
besides the oath required of all civil officers, he must take the follow- 
ing: "I swear that I will well and truly serve the State of Georgia, 
in said office, and faithfully and truly execute ali writs and precepts 
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 exercise 
my office illegally, corruptly or unjustly, and that I will not, under 
any pretense, 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 office, demean myself honestly, 
fairly, and impartially, according to the best of my ability. So help 
me God." 

§494. (585.) Bond. He must likewise, at the same time, give Act 1823, 

° x ' ' . Cobb, 539. 

bond and surety in the sum of five hundred dollars, which may be 
for a greater or less amount, according to the local law now or here- 
after in force. He is liable for retaining moneys collected, or other- 
wise failing to do his duty, as sheriffs are, and is subject to the same 
proceedings. 

On the Acts of 1823 and 1809 (Cobb, p. 200) : 12 Ga. 41. 

§495. (586.) Additional bond. When a coroner has to act in the 
place of a sheriff, generally or specially, the ordinary may require of 
him an additional bond, in such sum and with such sureties as in his 
discretion he may think sufficient to meet the contingency. 

§496. (588.) Shall serve process. When a sheriff is disqualified, $ 4781 - 
and it does not appear upon the face of the proceedings, or he or his 
deputy refuses to perform a service, if any person makes affidavit 
thereof, the clerk of the court from which it issues shall place the 
process in the hands of the coroner for execution, and may compel 
its return to his office for such purpose. 

Service of process from justice's court on sheriff by constable, good : 66 Ga. 
150, 151. 

Coroner could not levy fi. fa. against sheriff, without this affidavit, fi. fa. 
being directed to all the sheriffs : 72 Ga. 96. 

§497. (589.) Inquests. It is the duty of the coroner to take in- 
quests as provided in the Penal Code. 

Has no vested right to hold inquest and charge the county therefor, unless 
the law so requires : 50 Ga. 581. 

Justice of peace acting as coroner not entitled to costs, unless contingencies 
provided for in section 4071 existed : 94 Ga. 679. 



§§498-503 SIXTH TITLE.— CHAPTER 10. 150 

Notaries public. 

CHAPTER 10. 

NOTARIES PUBLIC. 

A ^ t ^ ] 868 ' §498. (1497.) Notaries public, by ivhom and when appointed. The 
power to appoint notaries public is vested in the judges of the supe- 
rior courts, and may be exercised by them in vacation as well as in 
term. time. 

Act [ 3 1 868 ' §499. (1498.) Oath of notaries public. Before entering on the duties 
of their office, they shall take and subscribe before the clerk of the 
superior court the following oath, which shall be entered on his min- 
utes: "I, , do solemnly swear, or affirm, that I will well and truly 

perform the duties of a notary public for the county of , to the 

best of my ability; and I further swear, or affirm, that I am not 
the holder of any public money belonging to the State, and unac- 
counted for. So help me God." 

A Oobb!sao. § 500 - (1499.) Their term of office. They hold their offices for four 

Act i30 868, y ears ? revocable at any time by said judges, at the end of which 
time, if continued, they must be renewed on the minutes. The clerk 
must issue to them certificates of their appointment and qualifica- 
tion, and keep a register of their names. 

Commercial notary holds until successor appointed : 74 Ga. 416. 

§501. (1500.) Age and character of notary. A notary must be 
twenty-one years old, or an attorney at law, and of good moral 
character. 

§502. (1501.) Where their office may be exercised. Their notarial 
acts can only be exercised in the county of their residence and ap- 
pointment. Removal from the county vacates the office. 
$$5235,8620. §503. (1502.) Authority of notaries. They have authority— 

1. To take the acknowledgments of all writings relating to com- 
merce or navigation, and to witness such deeds and papers as they 
are permitted to by law. 

May make an affidavit before, to require bail in a trover case, without it 
being attested under his seal : 58 Ga. 388. 

2. To demand acceptance and payment of all commercial paper, 
or paper entitled to days of grace, and to note and protest the same 
for non-acceptance or non-payment. 

Where no protest legally required, no expense for protest, etc., can be re- 
covered : 29 Ga. 259. 

3. To certify to all official acts when required. 

\ et 59 1868 " 4 ' 4. To administer oaths in all matters incident to them as com- 
mercial officers, and all other oaths which are not by law required 
to be administered by a particular officer. 



151 SIXTH TITLE.— CHAPTER 10. §§504-506 

Notaries public. 

Bail and trover : 58 Ga. 383. Affidavit for the foreclosure of a mortgage is a 
ministerial act, and can be made before a notary who does not appear to be 
the attorney's clerk or employee : 50 Ga. 426-434. 

5. To exercise all other powers incumbent upon them by commer- 
cial usage or the laws of this State. 

What a notarial certificate should state, to be sufficient notice of the dis- 
honor of a draft: 1 Ga. 306. Certificate of a notary under the Act of 1836 
(Cobb, p. 273), is evidence of non-payment and of notice, where those facts are 
stated in the certificate : 3 Ga. 486. A notary public also the attorney at law 
cannot qualify a party to an affidavit for an attachment and take the bond and 
issue the attachment in a case in which he is employed : 37 Ga. 678. Neither 
can such an one qualify his client to probate of a mortgage : 46 Ga. 253. 

§504. Not lawful to issue attachments, etc. It shall not be lawful Acts^893, 
for commercial notaries public to issue attachments or garnishments $ 4511 - 
or to subscribe affidavits or approve bonds for the purpose of issuing 
attachments or garnishments. 

§505. (1503.) Notarial seal and register. For the authentication of ^ ct f 9 1863 " 4 ' 
their notarial acts each notary must provide a seal of office, which** 5 ' 226 - 
shall have for its impression his name officially, and the name of 
the State and county for which he was appointed. After the first of 
January, 1868, a scrawl shall not be a sufficient notarial seal. No 
seal is required to his attestation of deeds. He must keep a fair 
register of all his notarial acts signed by him, together with the 
date of the transaction. 

Need not affix his seal to probate of a deed by the subscribing witness : 46 
Ga. 253. Only notarial acts require a seal ; so an affidavit for bail in a trover 
case need not be attested under notary's seal : 58 Ga. 383. No seal required to 
an affidavit swearing one to a bill in equity: 56 Ga. 578-581. As to certificate 
of notice and proper evidence of a mailing, to show notice to indorsers : 60 Ga. 
347, 348. It is a ministerial act for a son, a notary public, to issue a distress 
warrant for his father, and this does not vitiate it: 55 Ga. 608. When a seal 
of, to a paper out of the State, is not sufficient authentication of its being a 
claim affidavit and bond : 56 Ga. 612. 

§506. (3704.) Fees of notaries public . The fees of notaries public A ^^% 2 
are as follows, to wit: 

For every protest, oath included $ 2 00 

For noting a protest 1 00 

For registering a protest, per copy sheet 10 

For copy of a protest, per copy sheet 10 

For administering an oath in any case 30 

For each attendance on any person, to make proof as a notary 

public, and certifying to the same 1 00 

For every other certificate 50 

The cost of registering is likewise a charge against the party noted 
and protested, and must be charged in the costs at the same time, 
and paid to the notary by the party for whose benefit the noting and 



§§507-510 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 1. 152 

Roads, bridges, ferries, turnpikes, causeways, crossings, etc.; public roads; classification of roads, etc. 

protesting was done. All other registering must be paid for by the 
party who has the service performed. The fees for all official acts 
which the notary is allowed to perform are the same as those pre- 
scribed for any other officers who are likewise permitted to perform 
them. 
A p Ct 8o! 8789 ' §507. (1503 a.) Fees of clerks. The clerk of the superior court shall 
be entitled to two dollars for all services in issuing certificates of 
appointment of commercial notaries public, administering the oath 
and recording the same, which sum shall be in full of all costs in 
such cases. 



CHAPTER 11. 

ROADS, BRIDGES, FERRIES, TURNPIKES, CAUSEWAYS, CROSSINGS, ETC, 



ARTICLE 1. 

PUBLIC ROADS. 



SECTION 1. 

CLASSIFICATION OF ROADS AND DISTRICTS. 

93Ga.462. §508. Rule of the road. The rule of the road requires travelers 
with vehicles when meeting to each turn to the right. 

$$2233,5. §509. (597.) Public roads. All roads laid out for public use by an 
Act of the General Assembly, if not otherwise provided, or by an 
order of the ordinary, are declared to be public roads. 

When a neighborhood road is not a public road : 61 Ga. 156 ; 55/310. 

^cobb"^ §510. (598.) Size, extent, foot-logs, etc. Public roads shall be 

Actsi877, cleared of all trees, stumps, grubs, and bushes, at least thirty feet 

^oDb 0< 945 w ^ e > an d of such limbs of trees as may incommode horsemen or 

^Cobb 1 949 carr i a g es ) stumps must be cut as nearly even with the surface as 

possible, and the carriage-track must be at least five feet six inches 

wide. And at all places on said public roads, where water may pond 

or flow, during any season, or for any considerable period in each 

year, so as to prevent the dry and convenient passage of pedestrians, 

the road hands shall place foot-logs or other convenient passways ; 

the same to be so constructed as to be at all times above high - water 

mark at such place or places. 



158 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 2. §§511-516 

Public road register. 

§511. (599.) Roads may be classified. The several ordinaries of this A p t | 9 1 7 870, 
State, with the concurrence of a majority of the road commissioners 
of their respective counties, shall designate such public roads in their 
respective counties, as in their discretion should be so designated, as 
second-class roads. 

§512. (600.) Width of second-class roads. All roads so designated A p ct | 9 1 7 870, 
shall be cleared of all stumps, trees, grubs, and bushes, at least 
twenty feet, and of such limbs of trees as may inconvenience horse- 
men or carriages; the stumps to be cut as nearly even with the sur- 
face as possible, and the carriage-track must be at least five feet and 
six inches wide ; said roads shall be managed according to the road 
laws of this State, as far as the same may be applicable. 

§513. Third-class roads. Third-class roads shall be cleared of all ^^J 894 ' 
stumps, trees, grubs, and bushes, at least sixteen feet wide, and of all 
limbs of trees that may inconvenience horsemen or carriages; the 
stumps to be cut as near the surface as possible, and the carriage- 
track must be at least five feet and six inches in width; and said 
roads shall be changed, worked, and managed according to the road 
laws of this State, as far as the same may be applicable. 

§514. (601.) Bridges and causeways. All bridges or causeways over ^k 1818 ^ 
small watercourses, and causeways over swamps or lowlands, shall 
be made 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 se- 
cured, made fast, and covered with earth. 

§515. (602.) Road districts and apportionment of hands. The ordi- A cob D 18 946 
naries must lay off their respective counties into road districts, and 
apportion the roads and hands so as to divide the labor and expenses 
on account of roads, causeways and bridges, equally throughout said 
counties; all of which proceedings must be entered on the minutes. 



SECTION 2. 

PUBLIC ROAD REGISTER. 

§516. (603.) Public road registers . The county commissioners, and Acts 1890-1, 
the ordinaries where there are no county commissioners, shall prepare 
and keep in their offices, open to the inspection of the public, a well- 
bound book, to be known as the "Public road register," in which they 
shall have entered a list of all the public roads and road districts in 
the county subject to be worked at the county expense. Said regis- 
ter shall correctly show the length, and define the width of each road, 
together with a general description of every public road on said list; 
and shall also contain a plat of each road, whenever such plat may 



§§517-519 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 2. 154 

Public road register. 

be necessary to clearly and accurately define its line. Said register 
shall be altered from time to time by said commissioners or ordina- 
ries, as new roads are established, or old ones altered or discontin- 
ued. It shall be unlawful for the county authorities having charge 
of working the public roads of the county to work, directly or indi- 
rectly, any road or part of road that is not found on said register, or 
to continue to work any road or part of road after the same has been 
stricken from said register by said county commissioners or ordina- 
ries. 
^0*^1890-1, §517. Penalty for encroaching on registered road. If any person shall 
encroach upon any public road that has been registered as aforesaid, 
by erecting thereon, or upon any part thereof, a fence or building, 
or part of any fence or building or other structure, or if he shall in 
any other manner appropriate to his own exclusive use any part of 
any road registered as aforesaid, and shall fail to remove such fence, 
building or other structure or encroachment upon the lines of such 
registered roads, within two days after being notified to do so by any 
road overseer, superintendent of roads, or road commissioner of the 
county, he shall be guilty of a misdemeanor. 

Discontinuance of road to be registered : 70 Ga. 704. 

^im 90 ' 1, §518. Obstructing such road. If any person shall obstruct any road 
registered as aforesaid, by building a fence, or felling a tree, or cut- 
ting a ditch in or across it, or any part of it ; or shall make or place 
in or across any such registered road, or part thereof, any obstruction 
of any kind which renders the use of said road unsafe or inconven- 
ient; or shall dig or plow up the surface of any registered public 
road or remove any dirt or rocks from the same; or shall fill with 
dirt or obstruct any side ditch or drain of any public road, such 
person shall be guilty of a misdemeanor: Provided, that this section 
shall not prohibit the duly authorized acts of the public officers of 
the county. 

^Jm 90 ' 1, §^19. Objections by landowners. Whenever any landowner shall 
believe that the lines of any public road registered as aforesaid 
encroach upon his property, he shall apply in writing to the county 
commissioners, or to the ordinary in counties where there are no 
county commissioners, to re-establish the lines of said road so far as 
the same touches his land, and no work shall be done on said road, 
upon the part thereof in dispute, until the issue thus raised has been 
finally determined. If on such application such landowner is dis- 
satisfied with the decision made by the commissioners or ordinary, 
he shall at once petition such commissioners or ordinary to issue a 
warrant directed to the sheriff of the county to summon from the 
vicinage a jury of freeholders to try such question of the true lines 
of said road, and the subsequent proceedings shall be the same as 



155 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 3. §§520, 521 



Roads; how laid out, altered, or discontinued. 



now prescribed in cases of landowners aggrieved by reason of any 
road proposed to be laid out through their lands: Provided, however, 
that this and the three preceding sections shall not become operative 
in any county until the grand jury of said county shall so recom- 
mend. 



SECTION 3. 

roads; how laid out, altered, or discontinued. 

§520. (604.) Public roads, how laid out or altered. On application ^jUJis 
for any new road, or alteration in an old road, the ordinary shall §§ 509 ' 584 
appoint three road commissioners, residing as near where such road 
is intended to pass as possible, and if they find it of public utility 
they must proceed to mark it out, and make their report under oath 
to such ordinaries that it was laid out and marked conformably to 
law. 

What is an order for the alteration of a road, and where an injunction was 
refused : 22 Ga. 369. Certiorari is the remedy in road cases : 22 Ga. 369. To 
open a road which has ceased to be public, and remove fences, are trespasses : 
22 Ga. 369. Indispensable that the commissioners take the oath : 30 Ga. 723. 
Construed, and it is discretionary with the county authorities, where they fol- 
low the law : 54 Ga. 187-189. The only legal alteration of a road must be by 
order of the court or permanent user: 48 Ga. 568, 569. 

Petitioners for new road incompetent, when objected to, to pass on dam- 
ages between landowner and county: 78 Ga. 199. 

Public road laid off in accordance with law, landowner's sole remedy is 
damages : 85 Ga. 697. 

Report merely discontinuing old road, incomplete ; if county commissioners 
adopt different scheme, their judgment should show where new road would 
run : 79 Ga. 792. 

§521. (605.) Notice of application. If such ordinaries, on the in- $4685. 
vestigation had, are willing to grant such road, or make alteration 
in an old road, they shall publish a citation for thirty days at the 
door 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 persons that on and after a certain day 
therein named, said new road or alteration will be finally granted, 
if no good cause is shown to the contrary. 

Certiorari is the remedy to correct any errors, and if new road applied for or 
any alteration therein, there should be a citation for thirty days published : 54 
Ga. 189. 

County must pay for land used in widening road, not more than public 
needs, though more than recited in order, and though order requires no ex- 
pense to county : 89 Ga. 615. 



fl47. 



522-526 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 4. 156 



Work on public roads. 



§522. (606.) Persons in possession to be notified. All persons, their 
overseers or agents, residing on land which such road goes through, 
except the applicants for the road or alteration, must be at the same 
time notified in writing, personally or by leaving it at their most 
notorious place of abode, that they may put in their claim for dam- 
ages or be forever after estopped. 

Section cited : 48 Ga. 566-569. 

Becital that notice given, in order of road board, is not evidence of the fact : 
89 Ga. 615. 

§523. (607.) Void roads. All public roads established without a 
substantial compliance with the provisions of the last-named sec- 
tions, are void. 

§524. (608.) Discontinuance of roads . Applications for the discon- 
tinuance of an old road, in whole or in part, must likewise be made 
to such ordinaries in writing, and likewise published, before it shall 
take effect. 

When a citation to alter a road may involve the discontinuance thereof : 54 
Ga. 189. 

Opening of a more direct road does not operate as a discontinuance : 70 Ga. 
704. 

Abandonment of road is not a forfeiture ; to discontinue, proceedings must 
be had : 70 Ga. 704. 

Act 1818, 8525. (609.) Public roads must be laid out the nearest and best way. 

Cobb 951. 

All public roads shall be laid out the nearest and best way to the 
place to which they are intended, and as little as can be to the prej- 
udice of any private person's inclosed grounds. 



SECTION 4. 

WORK ON PUBLIC ROADS. 

J c t bb 1 947 §526. (610.) Persons subject to road duty, and who exempt. All male 

Acts i| 6 |- 6 '» inhabitants, in this State, between the ages of sixteen and fifty years, 

igo, p. 399. shall be subject to work on the public roads, except ordained minis- 

1876, p. 20. ters of the gospel, who are in the regular discharge of ministerial 

duty, and in charge of one or more churches, and all men who have 

lost one arm or one leg. It shall be the duty of the superintendent 

of the Lunatic Asylum, Asylum for the Deaf and Dumb, and the 

Academy for the Blind, to furnish, under oath, to the ordinary or the 

commissioners of roads and revenues, where such officers exist, and 

where these institutions are located, a list of guards, watchmen, 

cooks, nurses and attendants employed on the first day of April of 

each year, and all such employees shall be exempt from road duty. 



157 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 4. §§527-532 

Work on public roads. 

The lessees of the penitentiary convicts are required to furnish to the 
officers in charge of the roads in each county of the State where they 
are employed, a list, under oath, of all guards employed, and said 
guards or convicts shall be exempt by paying one dollar per day for 
each day of road working for which they are summoned and said 
roads are worked. 

§527. (611.) When hands are compelled to work. The same road Act | 8 1878 " 9 ' 
hands shall not be compelled to work on more than one public road, 
which must come within three miles of their residence, or be the 
nearest public road to their residence, except in opening a new 
road, when all the road hands of the road district are subject to work 
upon it. 

§5.2&. (612.) Length of time to work. Road hands are not required ^cobbfe 
to work exceeding five days at one time consecutively, or more than 
fifteen days altogether, in twelvemonths, unless sudden emergencies 
require the immediate repairing of the roads, causeways and bridges 
within their respective districts. 

§529. (613.) List of hands. The several managers and employers Act | 3 1865 " 6, 
of male persons shall, whenever required, furnish the overseers of 
the road district with a list (in writing) of those who are liable to 
work on the public roads, signed by them, under a penalty of paying 
three dollars for each male person of color so liable to road duty, 
and whose names are not furnished, to be collected as fines for not 
working the roads. 

§530. (614.) Road hands, how summoned. Overseers of roads in 
their respective districts shall summon all persons liable to road 
duty, within the district, at least one day before the time of work- 
ing. 

Notice need not be in writing. One day here does not mean twenty-four 
hours, but the day before : 72 Ga. 437. 

§531. (615.) What the notice must contain. Such summons must 
state the road to be worked, the time and place for meeting, and the 
implements required. 

Summons need not be in writing: 72 Ga. 437. 

§532. (616.) Overseer, his duty. Such overseers shall superintend Actsl876 < 
the working on the roads assigned them by the commissioners, cause 
the same to be worked and repaired in the best possible manner, and 
make a return thereof to the commissioners, in writing, within five 
days after each time of working, and report all hands who may be 
in default, upon their several roads, without receiving therefor any 
part of the fines which may be collected from said defaulters ; and, 
upon failure to report any defaulter or defaulters (and upon convic- 
tion thereof before the commissioners), shall be fined five dollars for 
each defaulter he so fails to return. 



§§ 533-539 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 4. 158 

Work on public roads. 

A p Ct i39 8801 ' §533. (616a.) Extraordinary work. The county authorities of the 
several counties, having charge of the roads and revenues of each of 
said counties, are authorized and required to provide for the grading 
of the public roads of their respective counties, where said roads are 
too steep, too rough or too boggy for practical use or the hauling of 
ordinary loads; and said officials are authorized and required to pro- 
vide for any other extraordinary work on the public roads of their 
respective counties which cannot be done by the road hands subject 
to road duty under the laws of this State. 

A p t i39 880 " 1, §534. (616b.) By what means to be done. Said officials may have 
said work enumerated in the preceding section done by use of the 
county chain-gang, by contract let to the lowest and best bidder, or 
otherwise as may be to the best interest of their respective counties; 
and said officials shall be authorized to pay for said work out of 
any funds of their said counties not otherwise appropriated. 

^jjjgj 80 " 1 ' §535. (616 c.) Selection of roads by grand jury. The grand juries 
of the respective counties are authorized to select such roads or sec- 
tions of roads, if in their judgment any such roads exist in their re- 
spective counties, as cannot be made passable by the hands accessi- 
ble thereto, and shall recommend to the ordinaries, or boards of 
roads and revenues, or county judges (as the case may be), existing 
in their respective counties, to have said road put in proper order as 
provided in the two preceding sections, and they shall also recom- 
mend the manner in which said work may be done or contract let 
out. 
A p Ct i39 8801 ' §536. (616 d.) Culverts, bridges, and new roads. The provisions of 
189 °- 1 'P- 63 - the three preceding sections shall also apply to such culverts and 
short bridges not less than ten feet in length, and all new roads to 
be opened in said county, as the grand juries may recommend, as pro- 
vided in the preceding section. 

§537. (617.) Roads, etc., suddenly becoming impassable. When any 
road, or bridge, or causeway may become suddenly impassable, it 
is the duty of such overseer to call out as many hands as necessary 
to repair the same, after giving one day's notice. 

Fine imposed by road commissioners on road overseer for failure to work 
abutments of certain bridges, was no abuse of discretion : 73 Ga. 146. 

§538. (618.) Special work deducted. They shall take notice of the 
time such hands are employed on such special workings, and shall 
excuse them from road duty an equal number of days out of the 
whole number all hands are required to work during the year. 
Actsr 1865-6, g 53g> ^ 619 ^ j) e j au \ters maybe fined. Every individual liable to 
road duty, who, being duly summoned to work, shall neglect to obey 
such summons, and to carry the implements as ordered, or, appear- 
ing with or without the implements, neglects or refuses faithfully to 



159 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 5. §§540-542 



Apportionment of roads. 



work, shall be fined not less than one nor more than three dollars 
for every day he or they fail to work, or be imprisoned, at the dis- 
cretion of the commissioners. 

Section cited ; City of Dalton's mayor and council may assess fine for neg- 
lect to work streets, the same as road commissioners could do: 53 Ga. 426-428. 
Does not apply to a party under section 541 of the Code, but must be proceeded 
against under section 591 : 56 Ga. 689. 

Failing to work, without excuse, and imprisoned in default of paying fine, 
legal: 70 Ga. 407. 

Fine may be collected by execution, or defaulter imprisoned : 72 Ga. 437. 

§540. (620.) Extraordinary tools, how obtained. If any other in- Act | 4 1890 " 1 ' 
struments than ordinary farming tools are necessary to keep the 
roads in repair, the overseers may receive them in exchange for la- 
bor of hands, or may apply to the road commissioners in the district 
in which said instruments are needed, who shall apply to the com- 
missioners of roads and revenues where such exist, otherwise to the 
ordinary, who may, in their discretion, issue to said road commis- 
sioners the needed instruments, taking their receipt for the same, to 
be returned during the month of January thereafter, or become re- 
sponsible for the value of the same. 



SECTION 5. 

APPORTIONMENT OF ROADS. 

§541. (621.) Roads may be apportioned. When a person liable to Actl826 t 
road duty makes an application to the road commissioners for a Acts 1884-5, 
proportion of the road for himself and hands to work and keep in 
repair, they may, in their discretion, parcel orT to such applicant 
some equal and just portion of said road, to be increased or dimin- 
ished according to the number of hands, to be judged of by the com- 
missioners: Provided, that said hands accepting such apportionment 
shall be amenable and subject to the direction and control of road 
commissioners, and subject to the same fines or imprisonment, in 
common with the other road hands, the same as though they had 
not accepted such apportionment of road. 

Becomes quasi road commissioner, and liable to same penalties and pun- 
ished for neglect of duty in the same way as road commissioners : 56 Ga. 689. 

§542. (622.) Duty of persons to whom apportioned. Persons to whom 
portions of roads are thus apportioned must make annual returns to 
their respective commissioners, whenever they require them, of the 
number and names of their 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 com- 



543-547 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 6. 160 

Proceedings against defaulters. 

pelled to do any other road work, so long as they perform their work 
satisfactorily to the commissioners. 

§543. (623.) Persons refusing to accept apportionment. If the ap- 
plicants do not accept the portion of road assigned to them by the 
commissioners, they must still work in common with the other hands 
of their road districts. 

§544. (624.) Penalty for failure to work. If, after having accepted 
such portions, they neglect to keep them in good repair, they are 
liable to all the penalties and forfeitures to which commissioners are 
liable for neglect of duty, besides the usual road fines on the hands. 

Commissioners' court has no jurisdiction of such a case: 56 Ga. 689. 

§545. (625.) Complaint against commissioners. If such commission- 
ers assign any person a portion of road thus to work, which, taking 
into consideration his number of hands as compared to the number 
liable to do road duty on such road, is not an equal share of the la- 
bor, any male road-worker of the same road and district may com- 
plain to the ordinary at any time, and on giving such persons three 
days notice thereof, in writing, such ordinary may summarily hear 
all the evidence, and if they believe the complaint is just, they shall 
revoke such grant by the commissioners, and have them instantly 
informed. 



SECTION 6. 

PROCEEDINGS AGAINST DEFAULTERS. 

$589. §546. (626.) Defaulters may file excuse. All defaulters must file 

their excuses, if any, on oath, before the commissioners, who must 
meet at some place within the district for fining defaulters, of 
which place of meeting they shall give ten days notice in writing at 
one or more of the most public places in the district, and no other 
notice shall be necessary. 

That overseer threatened to report one for tardiness, no excuse for his re- 
fusing to work and going home : 72 Ga. 437. 

If notice given and defaulter attended, that court not held at proper time 
immaterial : 72 Ga. 437. 

Notice given before Act of 1881 by posting, sufficient : 72 Ga. 437. 

A Cobb 3 957 §547. (627.) Executions against defaulters. Such commissioners 
Acts 1865-6, m ust issue executions under their hands and seals, or their warrants 

p. 2d. ' 

of arrest, as the case may be, against each defaulter who fails to 
render a good excuse, directed to any lawful constable, who shall 
levy and collect the same as executions issued from the justices' 
courts, or, as the case may be, arrest the defaulter and bring him 
before the commissioners to abide the judgment of the same. 



161 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 7. §§548-552 

Duty of overseers; mile-posts; sign-boards, etc. 

Arrest under warrant for failing to work, and imprisonment, legal: 70 Ga. 

407. 

One arrested, etc.. under this section, cannot have reviewed, in commis- 
sioners' court, judgment previously rendered declaring him defaulter: 95 Ga. 
702. 

§548. (628.) Fines, how disposed of. When such fi. fas. or warrants A qI^% 7 
are collected within ten days thereafter, the amounts must be paid 
to any one of the commissioners. 

§549. (629.) Constables may be ruled. If constables neglect their ^bb^s 
duty in collecting such fi. fas. or fail to pay over the money, or fail Acts^iseo-e, 
to make such arrests and bring the parties arrested before the com- $ 4097 - 
missioners, they shall be subject to rule and suit at the instance of 
such commissioners, as though the fi. fas. or warrants had issued 
from a justice's court. In all cases where executions may be issued 
against road-hands in the employment of others, notice to the em- 
ployers of the existence of such execution shall have the force and 
effect of a garnishment, and shall operate as a lien on what is due 
or to become due from such employer to such employee, and may 
be collected as in cases of garnishment. 

§550. (630.) Lien of commissioners 1 judgment. The lien of such $2827. 
judgments are the same as any other judgment, and claim accord- 
ing to their priority in the distribution of money, except that no 
property is exempt therefrom, and if illegalities or claims are inter- 
posed, they must be returned as though issued from a justice's 
court in which the road district is situated in whole or in part. 



SECTION 7. 
duty of overseers; mile-posts; sign-boards, etc. 
8551. (631.) Timbers may be used. Overseers are authorized to^ 1 , 1818 . 

, Cobb, 949. 

make use of any timbers for the use of the roads, and may make§ i685 - 
contracts with owners of land for such other timber, if indispensa- 
ble, and if they disagree as to the value, the overseer shall appoint 
one arbitrator and the owner another, who, without further formal- 
ity, shall assess the value, and if they disagree, to call in an umpire, 
whose decision is final. The valuation so awarded must then be re- 
duced to writing and signed by the arbitrators, and upon the pro- 
duction of the same, with a certificate of the overseer that he used 
the timber assessed, must be allowed by the ordinary and paid out 
of the county treasury. 

§552. (632.) Road to be measured. They shall measure all that A?* "%^ 

7 J Cobb, 951. 

part of the road to which they may be appointed, beginning at the 
court-house, and at the end of each mile set up a post or mark on 
n 



§§ 553-557 SIXTH TITLE.— CHAP. 11, ART. 1, SECS. 8, 9. 162 

Duty of railroads as to roads. Damages, how assessed. 

some conspicuous place, which shall designate the number of miles 
from thence to said court-house; and the overseer in the next ad- 
joining district shall likewise begin to measure and mark at the last 
mile-post 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. 
A cobb| 8 95i. §553. (633.) Sign-boards. They shall, at the fork of each public 
road, place, in some substantial and conspicuous manner, a board or 
other mark, designating 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, of as not to make necessary such sign-boards, 
they shall be removed and replaced, or either, if necessary. 

§554. (634.) Overseers failing to put up posts and boards. If any 
overseer fails to comply with the provisions of the two preceding 
sections, he forfeits not exceeding fifty dollars, to be imposed and 
collected as other fines against him. 

§555. (635.) Overseers in default. If any overseer omits to do his 
duty with respect to the roads, bridges and causeways under his 
charge, for as much as thirty days from the time the necessity for 
any immediate work occurs, unless hindered by extremely bad weath- 
er or other providential cause, he shall be indicted, and is also liable 
for all damages at the suit of any person injured by such omission. 



SECTION 8. 

DUTY OF RAILROADS AS TO ROADS. 

^V^L §556. (636.) Railroad hands exempt, ivhen. Hands liable to road 

Cobb, 958. a \ / Jr ? 

Act | J; 851 " 2 ' work, employed as laborers on the line of any railroad in this State 
i860' P ' 57* De l° n gi n g to an incorporated company, or by any contractors con- 
s' P ' 10 ' structing railroads, are exempt from work on the public roads: Pro- 
vided, the public road overseer having charge of them, respectively, 
is paid one dollar per day for each hand so liable, which money shall 
be expended in hiring hands to work on the roads. 



SECTION 9. 

DAMAGES, HOW ASSESSED. 

^DobKk §557. (637.) Landowners aggrieved, how redressed. When any per- 

Act | 8 J 851 * 2 ' son shall feel aggrieved by any road proposed to be laid out through 

$4685. an y f hia i an( } 5 unless otherwise provided in the charter thereof, or 

some special law, he may petition in writing the ordinary, who shall 



163 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 9. §§558-565 



Damages, how assessed. 



issue a warrant under his hand, directed to the sheriff of the county, 
to summon from the vicinage a jury of freeholders to try such 
question of damage, who shall 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 deliberations. 

It is indispensable that the assessors of damages be sworn : 30 Ga. 723. 
When compensation for damages is to be given, where there was no evidence 
that the road had existed for seven years : 36 Ga. 393. 

Section cited : 74 Ga. 341. 

Public road laid off in accordance with law, landowner's sole remedy is 
damages : 85 Ga. 697. 

§558. (638.) Jurors incompetent, when. No person is competent as 
a juror who claims any damage of the county or person for the same 
or any similar road, or who would be disqualified if the trial was be- 
fore the superior court. 

§559. (639.) Trial, how conducted. The jury shall inspect the road 
and land in person, unless already familiar with 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. 

§560. (640.) Notice of trial. The sheriff shall notify the justice of 
the peace and the road commissioners of the district where the road 
lies, and the owner of the land, the day and place of trial, and shall 
notify to attend then and there, as witnesses, any persons he may be 
requested to by such commissioners, or the owner. 

§561. (641.) Time and place of trial. He shall fix the time and 
place, the time not less than five nor more than twenty days, and 
the place as near the land as the proper house-room can be obtained. 

§562. (642.) Objections to jurors. At the trial any person in inter- 
est may object to the impaneling of any juror for cause, and if from 
this or any other cause there are not twelve jurors impaneled and 
sworn, the sheriff must proceed to procure tales jurors. 

§563. (643.) Trial may be postponed . The trial may be postponed 
or continued from day to day until completed, and if the justice of 
the peace summoned to attend should fail to preside, the sheriff 
must supply the vacancy, if necessary, from some other district. 

§564. (644.) Mistrial. If a mistrial occurs the sheriff shall pro- 
ceed de novo to summon other jurors, and all the proceedings shall 
be as at first, and so on until there is a verdict. 

Such proceedings legal : 32 Ga. 414. 
Section cited : 74 Ga. 341. 

§565. (645.) Certiorari. The judgment in such cases may be§ 4829 - 
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. 



§§566-570 SIXTH TITLE.— CHAP. 11, ART. 1, SEC. 10. 164 

Overseers' neglect; proceedings against railroads and others for obstructions, etc. 

Certiorari is the remedy for errors in road cases : 22 Ga. 369. Construed : 
57 Ga. 495 ; 54/189. 

§566. (646.) Order for damages. When such judgment becomes 
final, all the papers appertaining thereto must be filed in the office 
of the ordinary, who must grant an order for the damages assessed 
in favor of the landowner; but if such ordinary is satisfied that 
such damages transcend the utility of such road, or that part of it, 
he may revoke the road altogether, or order the same altered so as 
to avoid the land so damaged, or make the owner an offer of such 
compensation as the ordinary may think just. 

$4685. §567. (647.) Value of land, how estimated. In estimating the value 

of land when taken for public uses, it is not restricted to its agricul- 
tural or productive qualities, but inquiry may be made as to all 
other legitimate purposes to which the property could be appro- 
priated. 

$$3798,636. §568. (648.) Consequential damages. Prospective and consequen- 
tial damages resulting therefrom may be also taken into considera- 
tion, if the same are plain and appreciable; and on the other hand, 
the increase of the value of the land from the proposed public im- 
provement may be considered, but in no case shall the owner be de- 
prived of the actual damages by such estimated increase. 

Case of land taken for a bridge, the prospective and consequential damages 
for the same, where they are plain : 17 Ga. 30. 

Incidental benefit to one from construction of railroad over his lands, not 
set-off against damage from negligent construction : 69 Ga. 396. 



SECTION 10. 



overseer's neglect; proceedings against railroads and others 

for obstructions, etc. 

^ob? 1 ^ §569. (649.) Overseer neglecting duty, etc. If any overseer within 
twelve months after his appointment neglects faithfully to discharge 
the duties required of him, he is subject to a fine not exceeding fifty 
dollars by the commissioners under whom he serves, who shall notify 
him of his neglect, and unless a good excuse is rendered to them 
within twenty days from the time of such notice, they shall issue 
execution for the fine assessed. 

A p t | 5 ^ 859 ' §570. (650.) Altering or obstructing public road, penalty. If any 
person shall alter any public road or cut any ditch across, or alter 
the location of any bridge, or make any new bridge necessary by 
his act, without first obtaining an order therefor, he is guilty of a 
misdemeanor, and shall be liable besides, by suit, for all damages 
any person may sustain thereby. 



165 SIXTH TITLE.— CHAPTER 11, ARTICLE 2. §§571-573 

Alternative road law. 

To maintain an action for an injury received from an obstruction, two things 
must concur — an obstruction in the road by the fault of the defendant, and no 
want of ordinary care to avoid it on the part of the plaintiff: 17 Ga. 136. 

§571. Commissioners or ordinary may sue railroads. Commissioners Act ^ 889, 
of roads and revenues, or ordinaries in counties where there are no^ 2233 ' 556 - 
commissioners, are empowered to bring any action against any rail- 
road corporation that may be necessary or proper to sustain the 
rights of the public in and to any highway in any county, and to 
enforce the performance of any duty enjoined upon any railroad 
corporation in relation to any highway in any county in this State, 
and to maintain action for damages or expenses which any county 
may sustain or may be put to in consequence of any act or omission 
of any such corporation in relation to highways. 

§572. (651.) Obstructions not removed, fine, etc. When any person A q1^ 8 q\ q 
shall make any fence or cut any tree, or make other like obstructions Acts g i853-4, 
in or across any public road, which is not removed in two days and 
a safe and a convenient way, at the time of the obstructions, made 
for travelers, he shall pay a fine of twenty dollars for each obstruc- 
tion, to be recovered by execution issued by the commissioners, as 
in cases of road fines, and shall be liable for any damages caused by 
the obstruction, from the first to the last, if the person injured used 
ordinary caution. 

General Note — How the State may construct roads : 6 Ga. 130. Where in- 
junction granted against the opening of a public road over the un inclosed 
land of a citizen: 9 Ga. 341-358. Discontinuance of an old road: 20 Ga. 126. 
Jurisdiction over roads vested formerly in the inferior court: 22 Ga. 369. Use 
of a road by the public for thirty years authorizes the presumption of a grant 
to the public : 26 Ga. 665. Private road : 26 Ga. 665. The public has only a 
restricted prescriptive right to a road where passage has been permitted by 
the owner, he keeping gates at both ends of the road ° 30 Ga. 896. There being 
no evidence that the road in controversy existed for seven years, it is not to 
be declared a public road without providing compensation to the landowners 
for damages sustained: 36 Ga. 393. When it is no breach of warranty that 
there exists a public road on the land purchased : 56 Ga. 515. 

See note to section 3591. 

Discontinued by proper authority, no right to use as private way survives 
to one who has long used it as one of public: 67 Ga. 761. 



ARTICLE 2. 

ALTERNATIVE ROAD LAW. 



§573. County authorities to lay out roads. The commissioners of ^ t f^ 890 * 1, 
roads and revenues, ordinary, or such other officer as has charge 
of county matters of each county in this State, shall have the sole 
right to lay out, open, change or discontinue public roads therein, 



§§574-576 SIXTH TITLE.— CHAPTER 11, ARTICLE 2. 166 

Alternative road law. 

and the sole management of the working of said roads; and said 
authorities shall have authority to appoint a superintendent of pub- 
lic roads when necessary, and also to appoint all overseers, guards 
and officers that may be required to successfully carry out the pro- 
visions of this Article, to prescribe the duties of said superintendent, 
guards and officers, fix the terms of office of the same, and to pre- 
scribe and pay said appointees such salaries or wages as may be 
deemed proper. 

^iss 890 " 1 ' §574. Who subject to road duty. Each male citizen between the 
ages of sixteen and fifty years shall be subject to road duty (except 
those who are now exempt by law), and shall be required, when noti- 
fied or summoned, to work on the public roads of the county of his 
residence for such length of time in each year as may be fixed, or to 
pay such commutation tax as may be fixed by said authorities: Pro- 
vided, that no one shall be required to work for longer than ten days 
in any one year, nor shall said commutation tax be fixed at a sum 
that will amount to more than fifty cents per diem for the number of 
days work required. 

^ ct i35 890 1 ' §575. County tax for roads. The commissioners of roads and rev- 
enues, or ordinary, as the case may be, shall levy a tax additional 
to any now authorized by law, of not more than two-tenths of one 
per cent, on all the taxable property of the county, and the funds 
raised by said taxation, together with the commutation tax hereto- 
fore provided for, shall be known as the "Public Road Fund" of the 
county, and shall be used and expended for the purposes of paying 
the salaries and wages, and for working, improving and repairing the 
public roads, as herein set forth. 

Acts 1890-1, 8576. Provision for ivorkinq. Said authorities are authorized to 

p. 135. ° . 

work, improve, and repair the public roads, as follows: 

1. They may work a chain-gang (which said authorities are here- 
by empowered to organize; said gang to consist of the misdemeanor 
convicts of the county, or of any other county in this State that 
may be obtained without cost or for hire) and those who do not pay 
the commutation tax: Provided, that the convicts and those who do 
not pay the said tax shall not be worked together. 

2. They may work free hired labor and those who do not pay 
the commutation tax. 

3. They may have said roads worked, improved or repaired, by 
contracting for the same in such manner as they may deem fit, with 
private parties, or corporations: Provided, that if the work is done 
by contract, the contractors shall be required to employ the chain- 
gang, if established, and the labor of those who do not pay the com- 
mutation tax, and to pay for the same. 



167 SIXTH TITLE.— CHAPTER 11, ARTICLE 2. §§577-588 

Alternative road law, 

4. They may employ or combine any or all of said three above- 
mentioned methods, or may use any other method or sytem that may 
be desired for accomplishing the work necessary to put and keep the 
public roads in good condition. 

§577. Machinery, tools, etc. Said authorities may purchase any and ^f^ 890 " 1 ' 
all machinery, implements, tools, wagons and stock necessary and 
required for working said roads, and may build such houses or stock- 
ades, and purchase any thing or article necessary and useful in 
handling and working the chain-gang. 

§578. Fund, how spent. Said authorities shall expend said public ^f^ 890 " 1, 
road fund in any manner they may deem best for putting and keep- 
ing the roads in thorough condition and repair. 

§579. Residents of cities not affected. The citizens of cities and towns ^f^ 890 " 1 ' 
shall not be required to work the public roads outside the corporate 
limits, nor to pay the commutation tax. 

§580. Defaulters. Any person who has failed or refused to pay the ^f^ 890 " 1 ' 
commutation tax when demanded by the officer appointed by the au- 
thorities to make such demand, and who shall, without a good ex- 
cuse, fail or refuse to appear at the time and place appointed to 
work, when summoned or notified by the officer whose duty it is to 
give said summons or notice by the rules of the authorities having 
charge of the public roads, or who shall fail or refuse to do faithful 
work as ordered by the officers in charge of the work when he has 
appeared, shall be fined not less than one dollar nor more than five 
dollars for each day he fails to work, or be imprisoned in the com- 
mon jail, at the discretion of the authority trying the case, or be 
sentenced to work in the chain-gang for not longer than ninety days. 

§581. Defaulters, by whom tried. One or more of the commissioners ^fgg 890 ' 1, 
of roads and revenues in counties having commissioners, and the 
ordinaries in counties where the ordinary has charge of county mat- 
ters and public roads under this Article, and the county judge in coun- 
ties where said judge has charge of county matters and public roads, 
are empowered to try all defaulters, and said authority shall hold 
court or courts for the trial of said defaulters, at any time or times, 
and at any place or places in the county that may be fixed by said 
authority : Provided, that ten days notice be given of the time and 
place, or times and places, to defaulters. 

§582. Summoned by whom. Defaulters shall be summoned f or p. 135. °" ' 
trial by, or arrested by, such officer or officers as the commissioners 
or ordinary or county judge may appoint, or by any lawful consta- 
ble of the county. 

§583. Provision of force on recommendation of grand jury . This Ar- p c .i35. "' 
tide shall not go into effect in any county in this State until it i 8 1893 <P- 125 - 
recommended by the grand jury of said county, said recommendation 



}§ 584-589 SIXTH TITLE.— CHAP. 11, ART. 3, SECS. 1, 2. 168 

Commissioners of public roads; appointment and obligation to serve. Duty of road commissioners. 

to be made at any term of court, and the operation of this Article 
shall be suspended in any county of this State upon a like recom- 
mendation of the grand jury made at any term of court, 

Not unconstitutional: 91 Ga. 770. 



ARTICLE 3. 

COMMISSIONERS OP PUBLIC ROADS. 



SECTION 1. 

APPOINTMENT AND OBLIGATION TO SERVE. 

A Cobb!947 §584. (653.) Three commissioners for each district, two may act. 
There shall be three commissioners for each road district, any two 
of whom may act, and in case there is only one in a district, that one is 
invested with all the powers of the three until the vacancies are filled. 
§585. (654.) How appointed . Such commissioners are appointed 
or reappointed by the ordinary biennially, and, whenever necessary, 
to fill vacancies at any time. 
A ct 1818, §586. (655.) Compelled to serve. Those thus appointed are corn- 
Acts law, pelled to serve, unless excused by such ordinary, who shall receive 
for such excuse providential cause only: Provided, that those who 
have served two years consecutively shall have the right to resign a 
third appointment, if made immediately after two years consecutive 
service. 

§587. (656.) Notified in ivriting . As soon as appointed, they shall 
be notified thereof in writing within ten days thereafter by the or- 
dinary, and if such appointees do not, within ten days after receiv- 
ing such notice, file their excuse in writing, under oath, in such 
ordinary's office, they shall be considered as having accepted. 

§588. (657.) Exemptions of commissioners. Such commissioners, 
while in office, are exempt from all jury, patrol, militia, and other 
road duty. 



SECTION 2. 

DUTY OF ROAD COMMISSIONERS. 

A Cobb!947 § 589, ( 658 ') Duties - It is their duty— 

948. 



1. To appoint, within fifteen days, one or more persons in their 
respective districts as overseers of the road. 



169 SIXTH TITLE.— CHAP 11, ART. 3, SEC. 2. §589 

Duty of road commissioners. 

2. To apportion the roads and hands under their charge at the 
same time as equally and fairly as possible, and to furnish the sev- 
eral overseers with a list of the roads and hands under their respec- 
tive charge. 

3. To hear and determine upon all cases of default or other viola- 
tion of the road laws within their jurisdiction (if not indictable 
only) at a court to be held by them within twenty days after every 
road-working, or as often as emergencies may require, and to issue 
executions or other process against the convicted. 

This should read "within twenty days" instead of "twenty days after." 
But time of holding court immaterial, if defaulter attended. Fine may be 
collected by execution or defaulter imprisoned : 72 Ga. 437. 

4. To expend as in their judgment will best serve the public good, ^^1876, 
all moneys coming into their hands from defaulting road hands, and 

from fines imposed upon and collected from overseers: Provided, 
that such moneys are to be applied to improvement respectively of 
the roads whereon such defaulters may have been required to serve. 

5. To cause to be served upon road defaulters three days notice in ^J 5 ^ 880 ' 
writing, of the time and place of the meeting of such commissioners^ 547 - 
for the trial of defaulters. Such notice to be served by the overseer 

of roads or the constables of their respective militia districts upon 
such defaulters personally or by leaving the same at their most no- 
torious place of abode. 

6. To keep a book in which to enter — 

(1) The several hands in their respective districts subject to road 
duty; to what roads and what parts thereof assigned, and under 
what overseer; changing and correcting it from time to time, as may 
be necessary. 

(2) A list of all defaulters and persons fined, the amounts 
fined, amounts paid, what disposition made of the money, what ex- 
ecutions issued and unpaid. 

7. To pay to the county treasurer, as soon as collected, that por- 
tion of the fine-money belonging to the county ? to be used in the re- 
pairing or building of public bridges and causeways; and annually, 
on the first of December, to report to the ordinary the condition of 
the public roads and bridges in their respective districts, the state of 
the finances, what executions are outstanding and unpaid, and their 
condition. 

8. To inspect from time to time the public roads, bridges, and fer- 
ries within their districts, notice the character of the repairs, and 
observe if such road is regularly posted and direction boards put up 
as required by law, and if said bridges and ferries are in proper re- 
pair. 



§§590-592 SIXTH TITLE.— CHAP. 11, ART. 3, SEC. 3. 170 

Proceedings against road commissioner. 

9. To exercise a general supervision over their respective overseers, 
and to fine them for neglect of duty, and to see that persons are in- 
dicted for the offenses set forth in the road laws. 

10. To administer all oaths relative to the road laws, connected 
with their duties. 

^) Ct 79 18823 ' §590. May punish for contempt. All road commissioners' courts in 
this State, when convened as such, may fine for contempt in any 
amount not to exceed five dollars or imprisonment not to exceed five 
hours, and any constable of the county in which the road commis- 
sioners' court is held is empowered to execute sentence of said courts. 



SECTION 3. 

PROCEEDINGS AGAINST ROAD COMMISSIONER. 

Acts 1866, §591. (661.) Proceedings against commissioners for neglect of duty. 

1884-5, p. 4i. Whenever the grand jury in any county in this State shall present 
any road commissioners for neglect of duty generally, or in any par- 
ticular, it shall thereupon be the duty of the clerk of the court to 
issue a summons in writing, directed to such commissioners, com- 
manding them to be and appear at the next term of the superior 
court in which the presentment is made, to answer the accusation of 
the grand jury, which said summons shall be served by the sheriff 
upon the commissioners at least twenty days before the court to 
which the same is returnable; and if, upon the investigation of the 
case, it shall appear that the accusation is made out by the proof, 
the judge shall thereupon impose upon such commissioners a fine 
not less than ten dollars nor more than two hundred dollars. 

Proceeding under this section not technically a criminal proceeding, but one 
against a public agent for neglect of duty, and the presentment need not be 
the form required for a violation of the criminal law: 40 Ga. 680. In such 
cases road commissioners are not entitled to demand jury trial : 40 Ga. 680. 
It is error to compel defendant to answer questions, the answer to which may 
subject to a fine, forfeiture or penalty : 40 Ga. 688. Under section 541 of the 
Code he is a quasi commissioner and liable according to the terms of this sec- 
tion : 56 Ga. 690. 

Aet i36 8845 ' §592- Complaint against road commissioners. Any citizen, by peti- 
tion in writing to the ordinary, judge of the county court, or board 
of commissioners of roads and revenue, as they may respectively have 
jurisdiction over the appointment of road commissioners, may make 
complaint against any road commissioners appointed for any road 
district of the petitioner's county, for neglect of duty generally or in 
any particular, which petition shall be sworn to, and it shall there- 
upon be the duty of the officer to whom such petition is addressed to 



171 SIXTH TITLE.— CHAP 11, ART 3 T SEC. 4. §§593-597 

Roads, how assigned; discharge of commissioner. 

issue a summons in writing, directed to such defaulting commission- 
ers, commanding them to be and appear before such county author- 
ities, at the usual place of sitting^ on a day certain, to answer the 
accusation in the petition contained, which summons shall be served 
by the sheriff or his deputy upon the commissioners complained' 
against, at least twenty days before the day of hearing; and if, upon 
investigation of the case it shall appear that the accusation is made 
out by the proof, the county authorities shall impose a fine upon 
such commissioners of not less than ten dollars nor more than two 
hundred dollars. If such commissioners have been duly cited and 
served and fail to appear, the tribunal to which such summons is 
made returnable may proceed ex 'parte , and execution shall issue 
against such commissioners for any fine imposed, which shall be ex- 
ecuted by the sheriff or his deputy, and the lien of such execution 
and the property subject thereto shall be the same as against default- 
ing road-workers. 

§593. Penalty. Upon the hearing of the case against such de- 
faulting commissioners, it shall be lawful for the tribunal trying the 
case to impose an alternative punishment of imprisonment in the 
county jail for a term not exceeding ten days, and if the tribunal 
hearing the case shall fine such commissioners, they shall there- 
upon be removed from office, and other commissioners shall be 
forthwith appointed in their place. 

§594. (662.) Failure to appear. If they have been duly cited and 
served and fail to appear, the court may proceed ex parte. 

§595. (663.) Clerk shall issue execution. The clerk of the court is 
directed to issue executions against them for the fine and costs, 
which shall be executed by the sheriff. The lien of such executions, 
and the property subject thereto, are the same as those against de- 
faulting road-workers. 



SECTION 4, 
ROADS, how assigned; discharge of commissioner. 

§596. (664.) A public road being a district line. When any public ^0^949 
road may be on a road-district line, and the ordinary has not spe- 
cially assigned it to any particular district or set of commissioners, 
the commissioners of each district shall co-operate in arranging the 
hands and appointing the overseers for such road. 

§597. (665.) Books, who furnishes . The book such commissioners 
are required to keep must be furnished by the ordinary, at the ex- 
pense of the county, and out of the road money, if any, and when 
full must be deposited in his office. 



598-601 SIXTH TITLE.— CHAP. 11, ART. 4, SECS. 1, 2. 172 



Bridges, ferries, turnpikes, and causeways; classification. Jurisdiction of ordinary. 

§598. (666.) Commissioners, by whom discharged. After the com- 
missioner has faithfully served through the term of his appointment, 
he may obtain from the ordinary a certificate of such fact. 

General Note. — A plank road cannot appropriate the whole of a highway 
without express authority in their charter : 9 Ga. 475. 



ARTICLE 4. 

BRIDGES, FERRIES, TURNPIKES. AND CAUSEWAYS. 



* SECTION 1 

CLASSIFICATION. 

A Cobb!943. §599. (667.) Public bridges, ferries, causeways, etc. All bridges or 
$5780. ferries, turnpikes, or causeways erected or permitted by any act of 

the General Assembly, if not otherwise provided, or by order of the 
ordinaries, for public purposes, are declared to be public. 

When a county liable for a bad bridge although it is in a town : 54 Ga. 79 ; 
55/609. 

§600. (668.) Bridges, ferries, etc. They are divided — 

1. Those established by the county which are free to every one. 

2. Those established by the county where toll is charged gener- 
ally 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 ac- 
commodate the public or any portion of them for compensation 



$626. 



SECTION 2. 

JURISDICTION OF ORDINARY. 

§601. (669.) Ordinary may establish for benefit of county . The ordi- 
nary may put a ferry or causeway, or both, or may establish a toll- 
bridge for the benefit of the county; but when on any such county 
bridge, ferry or causeway, toll is charged, the county is liable as in- 
dividuals owning them, and the owners of lands must be compen- 
sated as in other cases. 

Section cited and construed : 54 Ga. 25. 

County not liable for damages on free bridges : 77 Ga. 249. 



173 SIXTH TITLE.— CHAP. 11, ART. 4, SEC. 2. §602 



Jurisdiction of ordinary. 



§602. (670.) Power of ordinaries over public bridges, ferries, cause- A cobtv»45. 
ways, etc. The ordinaries of the several counties have authority — A cobb!952. 

<S4238 

Section cited and construed : 54 Ga. 25. 

1. To appoint the places for the erection of public bridges, county 
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. 

Section cited ; certiorari: 64 Ga. 70,71. Section cited and construed : 52 Ga. 
540. Power of taxation for public bridges seems to have no limit except the 
cost of erecting the bridge : 34 Ga. 370. Damages for the neglect of the ordi- 
nary to repair a bridge do not lie except where the bridge is a toll-bridge or 
built by contract : 41 Ga. 225-228. When no exclusive right could be granted : 
48 Ga. 367. 

Where bid other than lowest accepted, injunction against paying contractor 
more than lowest bid, comprehensive enough, without enjoining all payment 
whatever : 78 Ga. 230. 

2. To require sufficient bond and good security for the faithful W 603 ' 622 - 
performance of all such work and contracts, and to indemnify for 

all damages occasioned by a failure so to do. 

In suit against the county under this section, the declaration should allege 
that the bridge was erected by letting it out to the lowest bidder and no bond 
taken from the contractor : 54 Ga. 25. 

3. To license any person to establish such bridge, ferry, turnpike, 
or causeway, not exceeding ten years, which may be renewed at the 
expiration thereof, 

4. To fix the rates of toll for crossing any such where the toll can 
lawfully be charged, and regulate those previously established, or 
that may afterwards be established, so as to conform to what is 
both reasonable and usual on such watercourses: Provided, such 
charges are not specially regulated by the General Assembly in some 
act of incorporation to the exclusion of such ordinaries. 

Private party cannot charge toll on bridge used by public road., except by 
license from ordinary or charter from legislature : 76 Ga. 645. 

5. To exercise a general supervision over such, and see that they 
are kept in proper order and properly attended to, and to require, 
from time to time, as the occasion may demand, sufficient bond and 
good security from the proprietors thereof, conditioned for their 
keeping in repair a sufficient and safe bridge, flat, rope, turnpike, or 
causeway, and all other appointments necessary for a good ferry and 
competent and faithful attendance by day and night, and to indem- 
nify the public against all damages by reason of a failure so to do. 

As to the obligation by law on the owners of toll-bridges : 52 Ga. 540. 
Plaintiff in damage suit must allege special neglect of duty by county: 77 
Ga. 249. See 74 Ga. 358, and cases cited, and notes to section 363. 



§§603-607 SIXTH TITLE.— CHAP. 11, ART. 4, SEC. 3. 174 

Contractor's liability and bond. 

SECTION 3. 

contractor's liability and bond. 

Acts 1888, §603. (671.) Condition of contractor's bond. When a public bridge, 
$§622,628, ferry, turnpike, or causeway is let out, the contractor must in his 
bond make a condition also to keep it in good repair for at least 
seven years, and as many more years as the contract may be for: 
Provided, that such contract may be let out under existing laws with- 
out requiring the aforesaid condition in the contractors' bonds, if, 
in the opinion of the commissioners of roads and revenue, or of the 
ordinary in counties where there are no such commissioners, it would 
be to the public interest to dispense with said condition in said 
bond: Provided, however, that in every case the county shall be 
primarily liable for all injuries caused by reason of any defective 
bridges, whether erected by contractors or county authorities. 

Construed : 95 Ga. 218. 

Section cited and construed: 54 Ga. 25-27- Section construed j county lia- 
ble for injury even after the seven years, if there has been a failure to take the 
requisite bond of the contractor: 59 Ga. 832-835. If the county undertakes 
itself to keep a county bridge in repair, it is liable in damages for failure so to 
do: 64 Ga. 69-71. When a county was held not liable, according to the aver- 
ments made in the declaration in the suit : 41 Ga. 225-228. 

Not applicable to contracts let before passage of act : 92 Ga, 130. 

County failing to take from contractor bond to keep bridge in repair, trav- 
elers still bound to ordinary care : 74 Ga. 107 ; citing 17 Ga. 136 ; 58/238. 

County failing to take bond not liable for damage occurring ten years after 
bridge built : 80 Ga. 489. 

Bond only taken for three years, party injured by defect within that period, 
contractor, not county, primarily liable: 92 Ga. 130. 

Proviso not applicable to bridges built before its enactment ; under prior 
law county not liable : 90 Ga. 72 ; 94/698. 

$602(2). §604. (672.) Bond must be approved. All bonds taken from con- 

tractors or proprietors must be approved by the ordinary, filed in 
his office and by him recorded in books kept for that purpose. 

$$622,623. §605. (673.) Additional bond may be required. If when an addi- 
tional bond is required, it is not given within ten days from the 
time the proprietor, or his agent, is notified by the ordinary, the 
license must be revoked. 

§606. (674.) Roads, bridges, etc., to be kept in repair. When any 
such work shall require repairing it is the duty of any one or more 
road commissioners in whose road district the same is, to give notice 
in writing to the contractor or one of his sureties, stating the re- 
pairs necessary to be made, and requiring them to be done within a 
reasonable time, stating the time. 

§607- (675.) Repairs, by whom to be made. If such repairs are not 
made within the time required they shall employ some other per- 



175 SIXTH TITLE.— CHAP. 11, ART, 4, SEC. 4. §§608-612 

Bridges and ferries between different counties. 

son forthwith to make them, and upon report to the ordinary of 
their cost, he shall issue an execution against such contractor and 
his sureties for the expense of such repairs and the costs. 

Liability of county failing to repair, not affected by Constitution of 1877 : 70 
Ga. 714. 

§608. (676.) If defendant resists payment of such execution, how tried. 
If the defendant resists the payment of said execution at law, it must 
be returned for trial by jury, if demanded, either to the justice's 
court of the district where the defendant resides upon whose property 
the levy is made, or to the superior court of the county, according to 
the principal amount thereof. 

§609. (677.) Contractors cannot be road commissioners. Persons who ^J^siw. 
have undertaken the building or keeping in repair any bridge, ferry, 
turnpike, or causeway, or are surety for such persons, cannot be road 
commissioners of the road district which embraces such, and if, 
after having been appointed, they become such contractor or surety, 
the ordinary must declare a vacancy and appoint some other persons 
in their stead. 



SECTION 4. 

BRIDGES AND FERRIES BETWEEN DIFFERENT COUNTIES. 

§610. (678.) Bridges, etc ; 5 crossing county lines, how kept up. When A ^^' 49 
a bridge or ferry is necessary over any watercourse which divides ^ 367 ' 
one county or more counties from each other, each county must con- 
tribute equally toward the building and keeping the same in repair, 
or in such proportion as would be just, taking into consideration the 
taxable property of each, and the amount expended by each in con- 
struction of bridges and other passways. 

One county held liable for damage from defect in bridge over stream divid- 
ing from another county : 95 Ga. 218. 

§611. (679.) The remedy when one county refuses to contribute. If A q^ 2 ^ 3 
any county refuses to undergo its fair proportion of such expenses, 
the other county or counties may construct the work compel the 
other to contribute by suit, and until such contribution takes place, 
may have exclusive control thereof, and charge toll thereon against 
all the citizens of the refusing county. 

§612. (680.) Toll-bridges, etc., crossing county lines, how licensed. 
The toll-bridges or ferries over watercourses making county lines, 
may be licensed by either county, and in such cases the bonds must 
be approved, filed and recorded in the county where the license is 
granted. 



§§613-618 SIXTH TITLE.— CHAP. 11, ART. 4, SEC. 5. 176 

Private ferries and bridges ; tolls, etc. 



SECTION 5. 

PRIVATE FERRIES AND BRIDGES; TOLLS, ETC. 

§613. (681.) No private ferry shall be established, ivhen. No private 
ferry charging toll shall be established on any watercourse within 
three miles of where public bridges are previously erected and kept 
up, but bridges may be erected at the public expense at places on 
the same stream, other than those where bridges are previously 
erected, if not violative of any special provision of the law. 

This section does not prohibit the establishment of private ferry within 
three miles of a public one ; injunction refused : 47 Ga. 282. 

$3063. §614. (682.) Distance, how computed. When exclusive right is 

granted to any person to prevent others from erecting bridges or fer- 
ries, or the like, within a given distance from the same, it shall be 
computed by the course of the stream. 

Distance is to be computed by the stream's course : 9 Ga. 213-215. 

A Cobb° 8 946 §615. (683.) Posting rates of toll. Every proprietor of bridges, fer- 
Acts^i859, Y [ e8i) turnpikes, and causeways, where toll is allowed to be charged, 
S' P ' 52 ' mus ^ fi x a board in a conspicuous place, as near the same as practi- 
cable, on which shall be the various rates of toll. 
^obb 50 958 §61^- (^84.) Landowner may construct bridges, etc., on his own land. 
$$3063, 620, Any person who may be the owner of any land through which a stream 
may pass, on both sides thereof, may establish any bridge or ferry 
thereon, at his expense, and may charge lawful toll for crossing, ac- 
cording to the rates of other bridges and ferries on the same stream, 
or if none other, the customary rates over such streams elsewhere. 

Construed in connection with section 3035, and applies to private ferries 
only : 47 Ga. 282- 

Effect of section 3053 on one who erected toll-bridge under this section : 74 
Ga. 342. 

Owner of charter to build bridge, etc., who was member of legislature which 
granted charter, not estopped here from asserting he built bridge under Act 
of 1850. Such bridge is a public bridge : 75 Ga. 815. 

Private parties have no right to charge toll on bridge over which public road 
passes, although bridge owned by them: 76 Ga. 645. 

$$6i9,6i5. §617. (685.) Excessive rates shall not be demanded . If such person 
shall demand excessive rates, any person may complain to the ordi- 
nary of the county, and if the rates are excessive, he must reduce 
and fix them. 

§618. (686.) Rates to be examined annually. The ordinary of each 
county must once each year examine the rates charged in their coun- 
ties, and keep fixed the rates of toll for the several bridges, ferries, 
turnpikes and causeways within the limits of their county, which have 
the right to charge them, and must enter the same on their minutes. 



177 SIXTH TITLE.— CHAP. 11, ART. 4, SEC. 5. §§619-623 

Private ferries and bridges; tolls, etc. 

§619. (687.) Persons making excessive charges, how punished. If any Act | 6 18& 9, 
person shall charge more than the lawful rates, or more than indi- $ 615 - 
cated by the board, for the second offense, in addition to the fine, he 
forfeits his franchise. 

§620. (688.) Fords, bridges, etc., not to be obstructed. No persons- 
authorized to have a bridge or ferry on his own land will be permitted 
to stop up or obstruct any ford, bridge, or ferry. 

§621. (689.) Bridges, etc., not to be discontinued. After a person $ 673 - 
has once established such bridge or ferry, he shall not discontinue 
the same without first giving public notice thereof by advertisement 
posted on the court-house door and in a public gazette, if there is one 
published in the county, for at least sixty days. 

§622. (690.) Proprietors liable for neglect. Any proprietor of any^^°|' 45 
bridge, ferry, turnpike, or causeway, whether by charter or prescrip- ^w^ 09 ' 
tion, or without, or whether 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 damage shall occur by reason of non-attendance, 
neglect, carelessness, or bad conduct, he is bound for all damages, 
even if over and beyond the amount of any bond that may be given. 

Where the county was held liable for damages, a certiorari: 64 Ga. 69-71. 
When the proprietor of a toll-bridge is not liable for damages while repairing 
the bridge : 52 Ga. 540. Where the jury alone should settle the doubts as to 
the negligence of the proprietor of a toll-bridge : 63 Ga. 489, 490. Damages 
against a county for defective construction of a bridge : 59 Ga. 832. As to the 
degree of care the owner of a bridge franchise should exercise, and when he 
alone is liable : 53 Ga. 47. Proprietor of a toll-bridge only responsible for or- 
dinary care and diligence, and beyond this is not an insurer: 64 Ga. 312. 

Admissions by defendant, some time prior to tort, not sufficient alone to 
charge him as owner of ferry upon which tort committed : 91 Ga. 422. 

Owner of land upon which public ferry situated, liable for torts of ferryman, 
when : 91 Ga. 423. 

City of Augusta liable for unsafe condition of South Carolina abutments of 
its toll-bridge over Savannah river : 88 Ga. 600. 

City liable for injuries from failure to have proper guard-rails on toll-bridge, 
charged with notice from long existence of defect : 94 Ga. 135. 

§623. (691.) On failure to take bond the county is liable. The provi- ^f^jjS^ 
sions of the preceding section apply to all contractors for the estab- 
lishment of such, when damages accrue from want of good faith in 
performing their several contracts, and if no bond or sufficient guar- 
antee has been taken by the ordinary, the county is also liable for the 
damages. 

Construing this section : 59 Ga. 832-835. Where the county was held not 
liable under the allegations of the declaration in the suit: 41 Ga. 225-228. 
County liable where it attempts to keep the bridge in repair: 64 Ga. 69-71. 
Section construed — failure to take bond, and as to how the county should be 
served : 54 Ga. 25-27. 

Cited ; county liability is statutory : 72 Ga. 188. 
12 



§§624-628 SIXTH TITLE.— CHAP. 11, ART. 4, SEC. 6. 178 

Liability for detention, defective bridge, excessive toll, etc. 

County not liable for neglected bridge ; two exceptions : 74 Ga. 358. 

See also cases cited in 74 Ga. 358, 70/714, and notes to section 602 et seq. 

Plaintiff in damage suit, must allege special neglect of duty by county : 77 
Ga. 249. 

County failing to take bond not liable for damage occurring ten years after 
bridge built : 80 Ga. 489. 

County failing to take bond primarily liable : 81 Ga. 730 

One county held liable for damage from defect in bridge over stream divid- 
ing from another county: 95 Ga. 218, 



SECTION 6. 

LIABILITY FOR DETENTION, DEFECTIVE BRIDGE, EXCESSIVE TOLL, ETC. 

§624. (692.) Persons shall not be detained at public crossings. Any 
person unreasonably detained at a public ferry, toll-bridge, turnpike, 
or causeway, may for each detention recover of the owner ten dollars 
before any justice of the county. 

$ 641 ° §625. (693.) Persons charging toll after charter expires . If any per- 

son demands or receives toll for crossing any ferry, bridge, or cause- 
way, or turnpike, after the revocation of his license or forfeiture of 
his charter, or, having a right for a ferry, allows the banks on either 
side to be out of repair for more than five days at any one time, or 
fails to provide good and safe boats of a size sufficient for the accom- 
modation of the public, furnished with competent and sufficient ferry- 
men, 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. 

$6oo(3), §626. (694.) Private ferries . If any person who keeps a private 

bridge, ferry t turnpike, or causeway, passes any person for toll, the 
owners incur the same liability and penalties as those permitted by 
law. 

Act | 3 1872 > §627. (695.) Remedy against delinquent bridge owners. If any 
owner of any chartered toll-bridge or turnpike road, the charter of 
which was granted by any of the courts, or by the legislature of this 
State, shall fail or refuse to keep the same in good repair, and in 
terms of the provisions of its charter, it shall be the right of any per- 
son to file with the ordinary of the county in which such charter 
was granted, a petition (in writing) setting forth the parties and the 
facts, and praying for the remedy hereinafter set forth. 

^saJ 872 ' §628. (696.) Citation, service and jury. On the filing of said peti- 
tion with the ordinary, he shall issue a citation, directed to the 
sheriff of said county, his deputy, or any lawful constable, requir- 
ing. the defendant to appear before him at the court-house of said 



179 SIXTH TITLE.— CHAP. 11, ART. 4. SEC. 6. §§629-632 

Liability for detention, defective bridge, excessive toll, etc. 

county, on a day therein named, to defend said suit. A copy of said 
petition and citation shall be served upon the defendant, either in 
person or by leaving the same at his most notorious place of abode, 
or, if he be without the county, then upon the gate-keeper, at least 
fifteen days before the time for trial. And said ordinary shall also 
cause a jury of twelve men to be summoned to try the issue in such 
case. 

§629. (697.) Issue, oath of jury, continuance. When said cause is ^ s ^ 7 % 
called and set down for trial, the ordinary shall cause an issue of 
facts to be made upon the pleadings and tried before said jury. The 
jurors shall take the general oath prescribed for jurors in common-law 
actions in the superior courts of this State: Provided, that either 
party shall have the same rights of continuance as in other cases at 
common law, and, in case of continuance, the ordinary shall fix the 
time of hearing the same- 

§630. (698.) Verdict, and its effects. On the return of the verdict A p c % 1872 ' 
of the jury, if the issue be found in favor of the defendant, judg- 
ment shall be entered against the plaintiff for costs of suit; but if 
the issue be found against the defendant, judgment shall be entered 
against said defendant for costs of suit, and also suspending his 
right to collect further tolls on said bridge or road until after the 
next term of the superior court of said county, after which it shall 
not be lawful for any tolls to be collected on any such bridge or road 
during the operation of said judgment: Provided, however, that the 
owner or any person interested in such toll-bridge or turnpike road 
may afterwards put the same in good repair, and on making the same 
clearly appear to the ordinary, said ordinary may enter an order 
vacating said judgment, so far as the same operates as a suspension 
of the right to collect tolls. 

§631. (699.) Proceedings may be at any time; fees. All the proceed- ^fg 1872, 
ings set forth in the four preceding sections may be had in term 
time or during vacation; and the fees of the ordinary for the whole 
service shall be five dollars, the jurors one dollar each for every day 
engaged, and the sheriff's or constable's fees — the usual fees for like 
services. 

§632. (700.) Injuries; avoiding payment. If any person break or 
injure any gate to a toll-bridge, turnpike, or causeway, or obstruct, 
injure, or destroy such bridge or causeway, pass round or under the 
same with 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. 



§§633-636 SIXTH TITLE.— CHAP. 11, ART. 4, SEC. 7, 180 

Right of way ; grants, how construed. 

SECTION 7. 

RIGHT OF WAY; GRANTS, HOW CONSTRUED. 

$$661,4685. §633. (701.) Right of way. Damages for the right of way are to 
be assessed id the maDDer prescribed for public roads aud private 
ways. 

$3063. §634. (702.) Grants to land. GraDts to laDd od watercourses, 

with the appurteuaDces, couvey do right of public bridge or ferry. 

Right to establish a public ferry by a private individual must be by grant 
actual or implied: 6 Ga. 130. Seven years ol uninterrupted possession of a 
ferry right implies a grant: 7 Ga. 348. Grant of land, etc., from the State on 
a watercourse, conveys no right to a public ferry : 9 Ga. 359. 

$$3064,3221. §635. (703.) Grant for ferry . The grant of a ferry frauchise cod- 
veys do right to build a bridge, or the coutrary. 

Grants strictly construed, and no grant of exclusive ferry franchise by im- 
plication : 9 Ga. 517. Stated and construed : 14 Ga. 1. Section cited and con- 
strued, where in a grant of power to a city as to streets it did not give power 
to establish or work a ferry ; 53 Ga. 639. As to a bridge and ferry franchise 
proving not exclusive : 56 Ga. 73. 

$$568.3798. §636. (704.) Value of land, how estimated. Id determiDiDg the 
value of laud takeD for a bridge, its prospective value as a bridge 
site aud its preseDt value as a ferry, if oue is id use, may be takeu 
iDto the calculatioD. 

General Note. — Damages not recoverable against a city for delay in erect- 
ing a bridge: 57 Ga. 114. Right of the State to erect bridges: 6 Ga. 130. 
When implied trusts as to ferry rights are created : 7 Ga. 348. Power by con- 
tract not conferred on the commissioners of roads and revenues of Chatham 
county to repair bridges across a canal: 14 Ga. 391. No grant of public ferry 
rights by implication : 9 Ga. 359. Builders of a bridge on the lands of another 
knowingly, have no lien against the owner of such lands thereby: 19 Ga. 427 
Parol contract for building bridges is within the power of the justices of the 
inferior court : 20 Ga. 328. On the Act of 1806, authorizing a toll-bridge across 
the Great Ogeechee at a particular place to the exclusion of any other for five 
miles above or below it : 25 Ga. 445-453. How damages are to be estimated in 
an action for mesne profits for a ferry landing, what must be proven : 20 Ga. 
523. What is a ferry defined : 20 Ga. 529. A tax levied for a turnpike fund 
and subsequently ratified by the legislature, Is valid : 34 Ga. 370. As to a grant 
of an exclusive right to build and establish a bridge was not in the power of 
the inferior court of Floyd county: 48 Ga. 367. A declaration in an action 
against a county for the falling of a bridge must aver that the claim had been 
presented to the ordinary for auditing within twelve months from the injury 
suffered : 65 Ga. 216. 

See note on Municipal Corporations (section 1833), as to bridges in towns and 
cities. 



181 SIXTH TITLE.— CHAPTER 11, ARTICLE 5. §§ 637-644 



Turnpike companies. 



ARTICLE 5. 

TURNPIKE COMPANIES. 

§637. (719 v.) Commissioners of turnpikes. There shall be in each$ 2 ^ 68 - 
county of this State, through which any turnpike road passes, or 
through which any part of any turnpike road passes, a board of com- 
missioners, to be known as commissioners of turnpikes. 

8638. (719 w.) Number and election. Said board shall consist of Act ^ 1878-9, 

° v ' t p. 74. 

three persons, to be elected by the grand juries of each county 
through which any turnpike road, or any part of the same, passes, 
at their first session; and any person qualified to vote and hold office 
under the Constitution and laws of this State, shall be eligible as 
such commissioner. 

§639. (719 x.) Report and certificate of election. The several grand Act | 4 1878 - 9 - 
juries so electing commissioners shall report the fact of such elec- 
tion in their general presentments at the term at which the same oc- 
curs, giving the names of the persons so elected; and thereupon the 
clerk of the superior court of the county shall issue to each of said 
persons so named a certificate of his election and appointment, 
which shall have the force and effect of a commission. 

§640. (719 y.) Term of office. The commissioners selected shall A p Ct 7 s 4 ! 878 ~ 9 ' 
hold their offices for the term of two years, and until their succes- 
sors are elected in the manner first herein pointed out. 

§641. (719 z.) Duty of commissioners. It shall be the duty of said A p ct ? 4 1878 " 9 ' 
boards of commissioners to inspect the condition of any and all turn- ^ 625 * 
pike roads in their counties as often as every three months, and to 
see to it that such roads are kept in good condition to be traveled 
over, and are graded according to the terms of their charters, re- 
spectively ; and that the tolls charged are not greater than allowed 
by such charters. 

§642. Maximum grade of turnpike. The maximum grade of all turn- Act s 2 i884-5, 
pike roads in this State shall not exceed one foot in fifteen, unless a$ 2368 - 
steeper grade has been allowed in the charter^ 

§643. Penalty. The owner and manager of turnpike roads in this p .^. 5 ' 
State shall have six months after October 3d, 1885, to grade and 
construct their roads in conformity to the provisions of the preced- 
ing section, and upon failure so to do, their charter shall be subject 
to be forfeited as now provided by law. 

§644. Judges to fix grade of turnpike . The judges of the superior Act | 2 J 890 " 1 ' 
courts of this State, in granting charters to incorporate turnpike^ 2368 - 
road companies upon application, may, in their discretion prescribe 
the grade of such turnpike roads, which shall be reasonable and fair, 
taking into consideration the elevation of the ground upon which 
such turnpike roads are to be constructed. 



§§ 645-649 SIXTH TITLE.— CHAPTER 11, ARTICLE 5. 182 

Turnpike companies. 

Act i34 882 " 3 ' §645. Tolls on turnpikes not collectible unless kept in repair. It shall 
$$2368, 625. De unlawful for any owner of any turnpike road, or keeper of any 
toll-gate upon any turnpike road in this State, to demand or collect 
toll from any person for traveling over such road, when it is not kept 
repaired so as to comply with the terms of its charter. 
Acts^i876-7, §646. (719 aa.) Proceedings against defaulting owners of turnpikes. 
Whenever it shall be ascertained that any turnpike road is being 
used and kept as such by its owners, and is not graded as required by 
its charter, the commissioners aforesaid shall make out a statement, 
wherein shall be specified, as nearly as may be, the defects in such 
roads, a copy of which shall be served upon the keeper of the toll- 
gates on such road, which shall be deemed and held as service upon 
the owners of such turnpike; and should such owners fail or refuse 
to make such road in compliance with the terms of its charter, for 
thirty days after such notice, it shall be the duty of such commis- 
sioners to forthwith institute suit against such owner, owners, or 
company, to forfeit its charter, which suit shall be in the name of 
the commissioners. 

Action against defaulting turnpike-owner was properly brought in name of 
commissioners of turnpikes : 73 Ga. 552. 

Acts 1878-9, §647. (719 bb.) Duty of commissioners as to turnpikes out of repair. 

i882-3 - ,p.83. In all cases where turnpike roads are neglected and suffered to get 
into a condition that they cannot be traveled over comfortably by 
travelers, and drayed over successfully, the commissioners aforesaid 
in the counties where such roads are, shall notify the keeper of the 
toll-gates on such road of the condition of the same, and unless such 
road is immediately repaired and put in good condition, such com- 
missioners shall institute the proceeding provided for in section 646, 
and on the trial of said case, provided for in this section, if the fault 
or failure of such owner, company or corporation should be deemed 
insufficient to authorize the forfeiture of its charter, the measure of 
damages to the public may nevertheless be estimated in dollars and 
cents by the jury trying such case, judgment for which may be en- 
tered against such owner, company or corporation, and when collected 
shall be paid over to the county school commissioner and paid out 
as part of county school fund. 

Acts^i878-9, §648. (719 cc.) Compensation of commissioners. Each commissioner 
shall receive, as compensation, one dollar per day for the time actu- 
ally spent in inspecting roads, and all necessary expenses actually 
incurred by them in consequence of the prosecution of any suit as 
herein provided for, to be paid by the county of such commissioners. 

Acts 1878-9, §649. (719 dd.) Extent of jurisdiction. In cases where any turn- 

$1900/ pike road, the property of the same owners, or company, runs through 
or into more counties than one, it shall be competent for the com- 



188 SIXTH TITLE.— CHAPTER 11, ARTICLE 6. §§ 650-653 

Rights of way for persons engaged in mining. 

missioners, in either of the counties in which any part of said road 
may be, to perform all the duties herein imposed, and to institute and 
maintain the suits herein provided for, without the co-operation of 
the commissioners of the other county or counties through which 
such road passes, and any judgment of forfeiture so obtained shall 
apply to the whole road. 

Superior court of county where portion of road ran had jurisdiction, an 
agent being found therein ; immaterial that such agent resided in another 
county : 73 Ga. 552. 



ARTICLE 6. 

RIGHTS OF WAY FOR PERSONS ENGAGED IN MINING. 

§650. Mining rights oftcay. Any person, or corporation, who may Acts 1887, 
be actually engaged in the business of mining iron, copper, gold, $§1938,4685 
coal, or any other metal or mineral ; in quarrying marble, granite, 
or any other stone; or in making copperas, sulphur, saltpeter, alum, 
or other similar articles, and may need for the successful prosecu- 
tion of such business a right of way for a railroad, turnpike, or a 
common road across the lands of others, such right of way may be 
obtained in the same manner that the right to convey water across 
the lands of others may be acquired by the owner of mines, as pro- 
vided by the Code. 

§651. Arbitrator's duty. The arbitrators selected as provided by Aet |. 1887 ' 
the Code, shall decide both as to the necessity for the right of way$ 1938 - 
sought to be condemned, and the compensation to be paid to the 
landowners therefor. 

§652. (744.) May direct watercourses. In all cases where it may 
be deemed desirable and necessary to divert any watercourse from 
its usual channel, for any of the purposes specified in section 650, it- 
shall be lawful to organize the board of arbitrators, whose duty in 
relation to the same shall be to decide both as to the necessity of 
diverting the watercourse, and who are damaged, and how much. 

§653. (746.) Mining, privileges incidental thereto. The owner of A ^ t J 3 g 868 ' 
any mine shall have the right to enter upon any land between the$ 4685 - 
mine and the water-power upon which the same is dependent, and to 
cut thereon such ditch, canal or tunnel, or to construct such flume, 
or other aqueduct, and to build such dam as may be necessary to 
control said water-power: Provided, that the party desiring to cut 
such ditch, canal or tunnel, or to construct such flume or other aque- 
duct, or to erect such dam, shall first have the damages assessed 
arising to the owner of such intervening land, or owner of the land 
on which such dam is to be erected, by reason of the cutting of such 



§§654-657 SIXTH TITLE.— CHAPTER 11, ARTICLE 6. 184 

Rights of way for persons engaged in mining. 

ditch, canal or tunnel, or the construction of such flume or other 
aqueduct, and the erection of such dam, and shall pay to the owner of 
the land so intervening, or on which such dam is to be erected, the 
damages which may be assessed in the manner hereafter provided. 
A ppfi39T' §654. (747.) Application for privileges. The owner of the mine 
14 °- shall, after having given the owner of the land to be entered upon at 

least five days notice of his intention to make such application, 
present to the ordinary of the county his written application for the 
right and privilege of cutting such ditch, canal or tunnel, or con- 
structing such flume or aqueduct, or erecting such dam. 
Acts 1895, §655. (752.) Draining privileges, how obtained. The owner of any 
mine shall have the right to enter upon any land, and to cut and 
open thereon such ditches, canals and tunnels, or to construct such 
flumes or other aqueducts, or such rope, wire, track, or other tram- 
way, or such wagonway, as may be necessary to drain his mine, or 
to carry off and drain away the water and tailings of such mine or 
mining operations, or to carry off and transport any crude ore from 
such mine or mining operations to the mill or other place of reduc- 
tion where such ore is to be treated : Provided, that the party desir- 
ing to cut and open such ditches, canals or tunnels, or to construct 
such flumes or other aqueducts, or such rope, wire, track, or other 
tramway, or such wagonway, shall first have the damages assessed 
arising, or which may arise, to the owner of such land by reason of 
the cutting and opening of such ditches, canals, or tunnels, or the 
construction of such flumes or other aqueducts, or such rope, wire, 
track, or other tramway, or such wagonway; and shall pay the 
owners of such land the damages which may be assessed. 
A p Ct 265 870 ' §656. (753.) Application and proceedings thereon. The owner of the 
$4685. mines who desires the right and privilege of cutting and opening such 
ditches, canals or tunnels, or of constructing such flumes or other 
aqueducts, shall make his application under and according to the 
provisions and requirements specified in this Code, and all proceed- 
ing in relation thereto shall be had, and the damages shall be as- 
sessed and paid, according to the method of condemning land in 
this Code provided, all of which are extended to the owners of mines 
desiring to drain their mines, and to carry off the water and tail- 
ings from their mines and mining operations, through or over the 
land of others. 

It is a necessary incident of a mining corporation that it shall have power 
to contract and bind itself to those dealing with it in matters within the in- 
tent of the charter, even although the charter contains no express grant of 
power to contract or make debts : 45 Ga. 34. 

A pp S i4o 68 ' §657. (750.) Lessee of mine deemed the owner. Any person or com- 

l41, pany of persons engaged in working a mine, under a lease for that 

purpose, shall be held and regarded as owner or owners, and as such 



185 SIXTH TITLE.— CHAPTER 11, ARTICLES 7, 8. §§658-661 

Tram roads. Private ways. 



shall be entitled to avail himself or themselves of the benefits and 
privileges of this Article: Provided, that in no instance the water 
shall be drawn from any mill or factory now in operation. 

General Note. — Ownership of water in artificial ditch ; and its diversion 
restrained : 70 Ga. 86. Measure of damages for diverting water flowing in a 
ditch : 70 Ga. 88. Lessee of water estopped from denying lessor's title : 70 Ga. 
88. Record in suit for damages assessed for cutting a ditch, admissible in later 
suit over title to the water, when : 70 Ga. 86. 

Purchaser from grantee of deed reserving mining privileges, not enjoined 
from using water on land : 75 Ga. 447. 



ARTICLE 7. 

TRAMROADS. 



§658. Tramways. Any person, or corporation, desiring to build Actsi887, 
or construct any tramways to connect with any waterway or railway, |P|> 50 'f7f' 
in this State, for the purpose of transporting lumber, naval stores 
and timber by means of the same, may make application, in writing, 
to the ordinary or county commissioners of the county in which 
such tramway is to be located, setting out the length of such way, 
together with the place of starting and the terminus of the same and 
the line of its location as near as may be. 

§659. Proceedings to lay out road. When the application aforesaid |* 6 ^ 
is filed in the office of the ordinary, as aforesaid, or county commis- 
sioners, as the case may be, all the proceedings thereafter shall be 
the same as are now allowed and directed by this Code for con- 
demning property, except that the strip of land to be used for such 
purpose shall not exceed in width fifteen feet. 

§660. Cessation in use of. If such tramway so laid out shall at any 
time cease to be used for such purposes, then the land so employed 
for such way shall in its use revert to the owner thereof. 



ARTICLE 8. 

PRIVATE WAYS. 



§661. (720.) Private ways, by whom granted. The ordinaries have A cti834, 
authority to grant private ways to individuals to go from and return Acts 1853-4, 
to their farms or places of residence. $$638,3065, 

r 5729, 4685. 

The county judge of Richmond county : 62 Ga. 319. 
Cited : 72 Ga. 140. See 89 Ga. 111. 

Ordinaries or county commissioners cannot grant private way to brick-yard: 
71 Ga. 250. 



§§662-665 SIXTH TITLE.— CHAPTER 11, ARTICLE 8. 186 

Private ways. 

Ordinary has power to open private ways, but no power to declare one, al- 
ready claimed, permanent: 86 Ga. 323. 

§662. (721.) Not more than fifteen feet wide. They must not ex- 
ceed fifteen feet in width, and must be kept open and in repair by 
the person on whose application they are established, and may be as 
much less as the applicant may choose. 

Section cited and construed, as to the kind of road and the occupation nec- 
essary to obtain a prescriptive right: 61 Ga. 29,30. A neighborhood road used 
by a settlement of people is not a public road: 61 Ga. 156. 

Stated: 68 Ga. 528; 69/758, 766. Cited: 72 Ga. 140. 

Not sufficient that average width not over fifteen feet : 69 Ga. 758, 766. 

Running around one spot until repairs made, is not increase of width so as 
to break continuance of use : 75 Ga. 858. 

See notes to section 678. 

§663. (722.) How obtained. Any person desiring any such pass- 
way over the land of another, must petition the ordinary, setting 
forth particularly the distance and direction of such road, over 
whose land it is to go, through what improvements, if any, and their 
nature, and the special purpose for which it is desired. 

One cannot claim road over another's land as necessary, when one over his 
own available. Acquisition of new road competent to show old one unneces- 
sary: 82 Ga. 770. 

Acts 1851-2, §664. (723.) Twenty days notice, appeal, etc. After all persons 
over whose lands such pass way is to be made shall have had twenty 
days notice, in writing, of such application, and such ordinary shall 
be satisfied that such applicant is entitled to the same, he shall 
appoint five commissioners who shall be disinterested persons, any 
three or five of whom may act, to view and lay out such road, so as 
to do the least possible damage and inconvenience to the landown- 
ers, who shall make their report within thirty days from their ap- 
pointment. They shall make out their report in writing, and fur- 
nish all the parties in interest with copies thereof; and if either 
party is dissatisfied with such report, by giving the other five days 
notice in writing, he may take an appeal to the ordinary, who, after 
hearing all the evidence pro and con, may confirm said report or al- 
ter the same, which when done shall be final. 

Party present at hearing and making no objection, estopped from setting up 
want of service : 80 Ga. 805. 

Act 28i 851 2> §665. (724.) Damages, how assessed. If the person then, over whose 
$4685. land the passway is, conceives that he will be damaged thereby, he 
may proceed to have the damages assessed in the same manner that 
damages are assessed in case of public roads, and the applicant there- 
for stands in the place of the county and road commissioners. 

Payment of damages is not a prerequisite to appointment of commissioners 
and laying out of road : 80 Ga. 805. 



187 SIXTH TITLE.— CHAPTER 11, ARTICLE 8. §§666-672 

Private ways. 

§666. (725.) Applicant may decline to open the way. After the dam- 
ages are thus assessed, the person who has them to pay may decline to 
open the same, but he is bound for the costs of all the proceedings, 
whether he uses the passway or not, for which the ordinary may issue 
an execution; and in all cases the damages must be paid before the 
way is opened. 

§667. (726.) May be established by agreement. Private ways may 
be established by an agreement in writing of all parties concerned, in 
which may be stipulated any 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. 

§668. (727.) Recorded and protected. When a private way becomes 
established, it must be entered on and fully described in the road- 
book, and the owner thereof is entitled to be protected in the use of 
the same as a public road. 

Cited: 68 Ga. 449. 

§669. (728.) Landowners may join in opening a way. Several land- 
owners may join together in opening a private way, or in keeping it 
up afterwards, or both; and when so done and entered on the road- 
book, the duties and privileges extend to vendees of the same real 
estate. 

§670. (729.) May apportion the work. When several so join, they 
may apportion the road for work among themselves, or work it un- 
der the road laws, selecting one of their number as road commis- 
sioner, whose powers are the same touching such road and the hands 
thereof as the three road commissioners of the district. 

§671. (730.) On wild lands. If a private way is established over 
the wild lands of a person who has no notice of the proceeding, as 
soon as he does have such notice, and within six months thereafter, 
he may proceed to have his damages assessed against all persons who 
are landowners and are in the habitual use of such private way, and 
not after. 

Railroad company's express consent necessary to license thoroughfare under 
stationary cars, so as to make company liable for injury to child crawling un- 
der cars: 87 Ga. 491. 

Lane originally cattle-way became general way by seven years use ; ordi- 
nary could remove obstruction under section 2222: 87 Ga. 320. 

§672. (731.) Prescriptive right to way. When a person has laid out 
a private way, and has been in the use and enjoyment of it as much 
a3 seven years, of which the owners have had six months knowledge 
without moving for damages, his right to use becomes complete, and 
such owners are barred of damages. 

But must be one fixed route only, not more than fifteen feet wide: 61 Ga. 
29,30. Section cited, and the use of a private way for seven years must be 
without intermission, to create aright by prescription: 53 Ga. 232-235. 



§§678-678 SIXTH TITLE,— CHAPTER 11, ARTICLE 8. 188 

Private ways. 

See notes to section 678. 

Cited : 72 Ga. 140. 

Constitutional requirement to pay just compensation for private ways, not 
applicable to prescriptive way: 75 Ga. 858, 859. 

Consent or acquiescence to use of way by owner, not prevent prescriptive 
right ripening: 75 Ga. 859. 

What necessary to entitle one to prescriptive right of way over land of an- 
other: 68 Ga. 528; 69/758, 766. 

Mere frequency of passage across lands, without repairs, etc., and not al- 
ways in same track, insufficient : 68 Ga. 528. 

Party claiming must bring himself strictly within requirements : 69 Ga. 766. 

Must have been in uninterrupted use thereof, and way only fifteen feet 
wide : 76 Ga. 107 ; see also 81 Ga. 749. 

Where party has used private way for seven years or more, injunction will 
lie to restrain interference with such use : 80 Ga. 77. 

To establish prescriptive private way, must show seven years uninterrupted 
use : 86 Ga. 323. 

$62i. §673. (732.) Cannot be closed after one year without notice. When a 

road has been used as a private way for 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 permanent. 



Person seeking to close private way used longer than one year, must show 
due notice to users : 85 Ga. 273. 



$633. 



§674. (733.) Special ways. When a private way is established 
over the land of another for the purpose of hauling wood or timber, 
or other commodity, to any place of landing whereat the business of 
rafting or shipping is carried on, or to any railroad depot, it shall not 
extend to the use of any landing erected by a person for his own 
benefit. 
Aets o i853-4, §675. (734.) If there is but one bluff. If, however, there should 
$ 658 - be but one bluff or place of landing, the owner cannot appropri- 

ate such to himself exclusively, if he will not be damaged by the 
admission of others to its use, or, if damaged, he is properly compen- 
sated therefor; but no person 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. 

§676. (735.) The use of another landing. 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. 

§677. (736.) Omission to assess damages. If a private way is es- 
tablished and there is an omission to have considered the damages 
for using such, it may be done afterwards if within a reasonable 
time. 

Act | 1872 > §678. (737.) Prescriptive right of toay. Whenever a private way 
has been in constant and uninterrupted use for seven years or more, 



189 SIXTH TITLE.— CHAPTER 11, ARTICLE 8. §679 

Private ways. 

and no legal steps have been taken to abolish the same, it shall not be 
lawful for any one to interfere with said private way. 

Section cited, and where it was not shown in reference to a private way that 
there had been seven years of uninterrupted user : 62 Ga. 422. Must be unin- 
terrupted user for seven years : 53 Ga. 232-235. And user on one fixed route 
only: 61 Ga. 29,30. 

See notes to section 672. 

Conveyance of fee by tenants in common, with no reservation of way, con- 
veyed whatever easement tenant had : 65 Ga. 468. 

Not acquired by tenant in common so long as all tenants had undisputed 
use of premises : 65 Ga. 468. 

Public road discontinued by proper authority, no right to use as private way 
survives to one who has long used it as one of public: 67 Ga. 761. 

Whether private way closed by implied consent, question for jury: 80 Ga. 
659. 

Consent or acquiescence to use of way by owner, not prevent prescriptive 
right ripening: 75 Ga. 859. 

What necessary to entitle one to prescriptive right of way over land of an- 
other: 68 Ga. 528; 69/758, 766. 

Mere frequency of passage across lands, without repairs, etc., and not always 
in the same track, insufficient: 68 Ga. 528. 

Party claiming must bring himself strictly within requirements : 69 Ga. 766. 

Private way not within this section unless strictly fulfilling definition in sec- 
tion 662 : 81 Ga. 749 ; see also 76 Ga. 107. 

To establish prescriptive private way, must show seven years uninterrupted 
use : 86 Ga. 323. 

Continual passing through two-foot private alley in city, not ripen into pre- 
scriptive right, when : 93 Ga. 298. 

No establishment by prescription of private way which shifts from one place 
to another: 93 Ga. 300; see also 95 Ga. 151. 

Obstruction of such way removed on petition to ordinary : 75 Ga. 858. 

§679. (738.) Obstructions, how removed. In the event the owner Acts 1872, 
or owners of land over which such private way may pass, or any $4685.' 
other person, shall obstruct, close up, or otherwise render said private 
way unfit for use, the party or parties injured by such obstructions, 
or other interference, may petition the ordinary in the county where 
such private way has been in use to remove such obstructions, and 
upon the petition being filed, the ordinary shall issue a rule nisi, di- 
rected to the party or parties complained against (which rule shall 
be served by the sheriff or his deputy), calling upon the offending 
parties to show cause why said obstructions should not be removed, 
and the free use of said private way be re-established. Said rule 
shall be served at least three days before the day set for the hearing, 
and when the day arrives the ordinary shall proceed to hear evidence 
as to said obstructions or other interference, and if it should appear 
that said private way has been in continuous, uninterrupted use for 
seven years or more, and no steps taken to prevent the enjoyment 
of the same, then the ordinary shall grant an order directing the 



§§680-682 SIXTH TITLE.— CHAPTER 11, ARTICLE 8. 190 

Private ways. 

party or parties so obstructing, or otherwise interfering with said 
right of way, to remove said obstructions or other interference within 
forty-eight hours, and in the event of failure so to remove said ob- 
structions, the ordinary shall issue a warrant directed to the sheriff, 
commanding him forthwith to remove said obstructions. 

Confined to obstruction of private ways arising by prescriptive right under 
this section : 63 Ga. 658. Obstructing a private way : 55 Ga. 310. As to pro- 
cedure under this section: 64 Ga. 339; 60/101. A neighborhood road used by 
one settlement of people is not a public road : 61 Ga. 156. 

Commissioners of roads and revenues of Monroe county have no jurisdiction 
to remove obstructions : 66 Ga. 537. 

Obstruction of private way is private nuisance, and magistrate has concur- 
rent jurisdiction with ordinary for removal: 80 Ga. 659. 

Jurisdiction in ordinary, not court of ordinary: 67 Ga. 283. 

Where city sold part of commons over which private way existed, vendee 
bought subject to it, and ordinary could remove obstruction. Distinction be- 
tween city's jurisdiction over its public squares, streets, etc., and over such 
way : 78 Ga. 158. 

What must appear by evidence : 67 Ga. 283. 

This a complete remedy at law : 69 Ga. 757. 

Evidence not showing that way only fifteen feet wide, nor open seven years, 
judgment ordering obstructions removed, reversed: 76 Ga. 107. 

Right of way, founded upon use, etc., by owners of plantations, their agents, 
etc., is in owners, and must be enforced in their names and not agent's : 92 Ga. 
156. 

Street not treated as such for forty years, not opened on complaint to have 
obstruction removed : 87 Ga. 564 ; citing 44 Ga. 529. 

Proceeding to remove obstruction of private way over land claimed by sev- 
eral, will lie against obstructor alone : 89 Ga. 257. 

Acts 1872, §680. (739.) No appeal; certiorari. There shall be no appeal from 
$$4634-4656. the judgment of said ordinary; but either party being dissatisfied 

shall have the right to sue out a writ of certiorari, said certiorari to be 

had as in other cases now provided by law. 

Superior court should not order final judgment, but should remand case: 94 
Ga. 697 ; citing 60 Ga. 100. 

Act | 1 1872 ' §681. (740.) Fees of officers. The fees of the ordinary in such case 
$ 4269 - shall be three dollars, to be paid by the losing party. Sheriff's fees 
the same as serving declaration, or other process of court. 

§682. (741.) May be converted into public road. When a private 
way is once established, it is in the power of the ordinary 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 public roads. 

General Note. — The Act of 1834, authorizing the granting of private ways 
without just compensation, is unconstitutional : 9 Ga. 37. Injunction against a 



191 SIXTH TITLE.— CHAPTER 11, ARTICLE 8. §682 

Private ways. 

defendant for obstructing a road over his ©wn land to which plaintiff did not 
have right of way, and which was not a public road, refused: 44 Ga. 30. De- 
fendant who established a -private road cannot be made to keep it in repair 
for others : 53 Ga. 232. When a neighborhood road was not a public road : 61 
Ga. 156. 

Private ways not presumed personal, but construed as appurtenant to land, 
nature of covenants running with land : 69 Ga. 456. 

As to who holds title to private roads: 91 Ga. 659-668. 

Measure of damages for unauthorized use of private way : 91 Ga. 659. 



683, 684 SEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 1. 192 



Municipal corporations; towns and villages ; how incorporated; petition and preliminary election. 



SEVENTH TITLE. 

Municipal Corporations. 



CHAPTER 1. 

TOWNS AND VILLAGES. 



ARTICLE 1. 

HOW INCORPORATED. 



SECTION 1. 

PETITION TO SUPERIOR COURT AND PRELIMINARY ELECTION. 

Actsi882-3, §683. Superior-court charters. The superior court of either county 
^2683°' 1832 ' sna H have power to grant charters to towns and villages when the 
^i^ 890 1 ' territory described in such charters is in more counties than one, in 
1893, p. 65. the same manner as when the territory is in one county only. 

See notes on Municipal Corporations under sections 1833 and 778. 

^^g 1872 ' §684. (774.) Existing towns, by what law governed. New towns and 
1874, pp. 44, v m a g es ^ }i 0W incorporated. The towns and villages heretofore estab- 
lished in this State, shall remain subject t° the laws now in force, 
applicable thereto respectively; and the provisions hereinafter set 
forth shall be deemed applicable only to towns and villages estab- 
lished after August 26th, 1872. 

The provision in the Act of 1873, p. 16, allowing the councils of towns or 
villages theretofore established to exercise powers conferred by that Act, and 
to that extent, to amend charters of such existing corporations is unconstitu- 
tional : 60 Ga. 405 ; 60/227, 228 ; 74/658 (2a). , 

The Acts of 1874, pp. 44, 46, amending the Act, and the title of the Act of 
1872, and authorizing towns theretofore established to exercise powers con- 
ferred by the Act of 1872, p. 16, unconstitutional as containing two subject- 
matters, and matter not in the title : 60 Ga. 404-406. See 62 Ga. 425 ; 74/658 
(2a). 

An Act providing for the incorporation of companies thereunder cannot 
constitutionally apply to those already incorporated (such an Act is uncon- 
stitutional as containing more than one subject-matter, and one not indicated 
by the title) : 74 Ga. 658 (2a). 



193 SEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 2. §§685-687 

Certificate of incorporation. 

§685, (775.) Application for incorporation, how made. Whenever Act | 6 1872 « 
the qualified voters of any town or village, not incorporated, consist- 
ing of not less than twenty-five qualified voters, wish to be incor- 
porated, a petition shall be filed, by at least a majority of the male 
inhabitants of such town or village, in the superior court of the 
county in which the inhabitants reside, stating in such petition the 
proposed boundaries of such town, and the name to be given, if in- 
corporated. The persons intending to make such application shall 
give notice that they will apply on some day therein specified, to 
said superior court, and shall also specify in such notice a day on 
which all the qualified voters residing in the proposed boundaries 
of such town will meet to vote on the question of incorporation; 
which said notice shall, if there be a newspaper printed within such 
territory, be printed therein once in each week for four successive 
weeks previous to the time specified for making such application and 
taking such vote, and if there be no such paper, the notice shall be 
posted in at least three of the most public places in such territory 
for four weeks at least before the time so specified therein. 

Proceedings hereunder, incorporating town of Toombsboro, were valid. Act 
of 1872 attacked as unconstitutional as containing more than one subject-mat- 
ter. No specific ruling: 81 Ga. 352. 

§686. (776.) Corporation determined by election, On the day men- Act ? 1872 - 
tioned in such notice for the taking of the vote, the qualified voters 
residing within the proposed bounds shall meet at the place named 
therein and cast their votes for or against such incorporation. Each 
voter shall deposit a ballot in a ballot-box to be provided for that 
purpose, with the words written or printed thereon "For incorpora- 
tion," or "Against incorporation," which vote shall be taken under 
the superintendence of any three voters, within the said boundary, 
appointed for that purpose by the voters present, and the result of 
such vote shall be certified and returned by them, under oath, to the 
superior court of the county, in case a majority of all the qualified 
voters residing within such boundary shall vote in favor of such cor- 
poration. 



SECTION 2. 

CERTIFICATE OF INCORPORATION, 

§687. (777.) Certificate of incorporation. Upon the filing of such A p C p S i7 7 i8„ 
certificate, the superior court shall, by an order, direct the clerk of 
said court to issue a certificate of the incorporation of such town or 
village, in form or in substance as follows; 
13 



§688 SEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 3. 194 

Election for organization. 

"A certificate under oath of A. B., C. D., and E F., that a 
majority of the qualified voters in the following boundaries, to wit: 
(here recite the boundaries), having been given in due form of 

law, in favor of the incorporation of the town (or village) of , 

in the county of — — , and it appearing to the satisfaction of 
the court that the provisions of the Code of Georgia have been com- 
plied with by the applicants for said corporation, the said town (or 
village) is duly authorized, within the corporate limits aforesaid, to 
exercise all the corporate powers conferred by the legislature of the 
State of Georgia, from and after the date of this certificate. 

l ' , Clerk." 

And from and after the date of such certificate the territory 
embraced within the boundary mentioned in said certificate, shall 
be an incorporated town or village, by the name specified in said 
notice and certificate. 

Objection to admission of certificate, properly overruled here: 81 Ga. 355. 



SECTION 3. 

ELECTION FOR ORGANIZATION. 

Acts 1872, 8688- (778.) Election of officers, how held. 

pp. 17, 18. " v ' J JJ i 

1 . At the term of ordering the certificate mentioned in the preced- 
ing section, the court shall appoint three legal voters residing within 
the said territory, who shall act as inspectors at the first election to 
be held in said town, or village, as hereinafter provided, and in case 
they shall fail or refuse to act, the said election may be held, certified 
and returned by any three voters of said town, or village, appointed 
for that purpose by the voters present. 

2, The first charter election for officers of such incorporation shall 
be held within sixty days from the date of the certificate mentioned 
in the said section, of which election the appointed inspectors of 
election, or persons acting as such, shall cause at least two weeks no- 
tice to be given of the time and place of holding such election, and 
the officers to be voted for. 

3 Such inspectors, or persons acting as such, after taking the oath 
prescribed for superintendents of elections in the Code, shall prescribe 
and act as inspectors of election, and all the laws applicable to the 
election of county officers shall apply to such election, if not incon- 
sistent with the provisions of this Chapter; and such inspectors shall, 
within ten days after such election, grant a certificate to the person 
elected, which shall be recorded among the records of such town or 
village. 



195 SEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 4. §§ 689, 690 



Corporate officers and their duties. 



SECTION 4. 

CORPORATE OFFICERS AND THEIR DUTIES. 

§689. (779.) Council; officers and their duties. 

1. The municipal authorities of such town or village shall be aActsi872, 

. p. 18. 

mayor, a recorder, and five council men, who together shall form a 

common council; but no person shall be eligible to either of said 
offices unless at the time of his election he resides within the corpo- 
ration. 

2. The mayor, recorder, and councilmen of such town or village, as 
soon as they have been elected and qualified as herein provided, and 
their successors in office, shall be a body politic and corporate by the 

name of "the town (or village) of /'' and shall have perpetual 

succession, and a common seal, and by that name may sue and be 
sued, plead and be impleaded, purchase and hold real estate neces- 
sary to enable them the better to discharge their duties and needful 
for the good order, government, and welfare of said town or village. 

3, All the corporate powers of such corporation shall be exercised 
by said council, or under their authority, except when otherwise 
provided. 

4, They shall also elect a treasurer and marshal if they deem nec- 
essary, each of whom, when elected, shall enter into a bond with 
sufficient sureties approved of by the mayor, in such penalty as the 
board shall prescribe, payable to the corporation, conditioned faith- 
fully to collect and pay over, as required by the board, all taxes, 
fines, forfeitures, and all other incomes of said corporation, and said 
officers shall continue in office during the pleasure of council, and 
perform the duties respectively as herein prescribed, or as may be 
required by the council. 

Town marshal was removable hereunder at pleasure of council, a privilege 
which could not be abdicated by contract with him: 81 Ga. 489* Citing : 76 
Ga. 828. 

§690. (780.) Term of office. The officers first elected in such town Actsi872, 
or village shall hold their offices until their successors are elected 
and qualified. The terms of all officers elected after the first elec- 
tion shall commence on the first Tuesday in February in each year, 
and shall be for one year, and until their successors are elected and 
qualified. 



,§691-694 SEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 5. 



196 



Elections, and qualification of voters. 



SECTION 5. 



ELECTIONS, AND QUALIFICATION OF VOTERS. 



Acts 1872, 
p. 18. 



Acts 1872, 
p. 19. 



Acts 1872, 
p. 19. 
$5737. 



Acts 1872, 
p. 19. 
$111, 



§691. (781.) Annual election and oath of officers. After the first 
election of officers in such corporation, they shall be elected on every 
first Thursday in January, at such place in the town or village, and 
under such supervision, rules, and regulations (not inconsistent with 
the laws regulating county elections) as the council may prescribe; 
and every person elected or appointed to an office in such corpora- 
tion, shall, within twenty days after his election or appointment, 
and before he shall enter upon the duties of his office, take and sub- 
scribe the oath of office, which may be done before any person au- 
thorized by law to administer oaths, or before the mayor or recorder 
of such town or village, which oath, with the certificate of the officer 
administering the same, shall be filed with the recorder of the town 
or village. 

§692. (782.) Effect of failure to hold election. The franchises of 
such corporation shall not be forfeited or discontinued by a failure 
to hold the election at the proper time; but the officer or other per- 
son authorized by law, or, on their failure, any justice of the peace 
therein, may at any time, on giving the inhabitants at least five days 
notice thereof, by advertisement in some newspaper, or by written or 
printed notices at three or more public places in the corporation, 
hold such election; and the persons elected at such election shall 
have the same powers and authorities as if they had been elected at 
the regular period. 

Candidates defeated in such election are estopped from questioning its le- 
gality : 72 Ga. 460. 

§693. (783-) Qualified voters. All persons who have been bona fide 
residents of such town or village for six months next preceding a 
charter election held therein, and who are qualified voters under the 
Constitution and laws of the State, and none others, shall be allowed 
at any charter election in said town. But no person shall be deemed 
a resident of any such town or village by reason of being a student 
of any school or college therein, or being stationed therein for any 
temporary purpose. 

Construed. 62Ga.425. 

§694„ (784.) Vacancies. When a vacancy shall occur from any 
cause in the office of mayor , recorder, or in the council, the vacancy 
shall be filled by appointment by the council from among the citi- 
zens of the town or village, eligible under this Chapter. 



197 SEVENTH TITLE —CHAP. 1, ART. 2, SECS. 1, 2. §§ 695, 696 

Powers of council and its officers; council and its meetings. Powers of council. 



ARTICLE 2. 

POWERS OF COUNCIL AND ITS OFFICERS, 



SECTION 1. 

COUNCIL AND ITS MEETINGS. 

§695. (785.) Presiding officer, quorum, books, etc. The council shall ^fg 1872 ' 
be presided over at its meetings by the mayor, or, in his absence, byg- 
one of the councilmen, elected by a majority of the council present, 
and a majority of the council shall be necessary to form a quorum 
for the transaction of business. The council shall cause to be kept in 
a well-bound book an accurate record of all its proceedings, by-laws, 
acts, orders, and resolutions, which shall be fully indexed and open 
to the inspection of any one who is required to pay taxes in such 
town or village. At such meeting of the council, the proceedings of 
the last meeting shall be read, and corrected if erroneous, and signed 
by the presiding officer for the time being. Upon the call of any 
member, the yeas and nays on any question shall be taken and re- 
corded on the journal. The mayor, in case of a tie, shall have the 
casting vote. 

Council has power to remove policeman for good cause, without trying him 
for the offense : 80 Ga. 503. 



SECTION 2. 

POWERS OF COUNCIL. 

§696. (786.) Powers and duties of the council. The council of such Act | 1872 » 
town or village shall have power therein to lay off, vacate, close, $ 2623 - 
open, alter, curb, pave, and keep in good order and repair roads, 
streets, alleys, sidewalks, crosswalks, drains, and gutters, for the use 
of the public, or aDy of the citizens thereof, and to improve and 
light the same, and have them kept free from obstructions on or over 
them; to regulate the width of sidewalks on the streets, and to order 
the sidewalks, footways, crosswalks, drains, and gutters to be curbed 
and paved and kept in good order, free and clean, by the owner and 
occupants thereof, or of the real property next adjacent thereto; to 
establish and regulate market; to prescribe the time of holding the 
same ; to prevent injury or annoyance to the public or individuals 
from anything dangerous, offensive or unwholesome; to prevent hogs, 
cattle, horses, sheep, and other animals, and fowls of all kinds, from 



§697 SEVENTH TITLE.— CHAP. 1, ART. 2, SEC. 2. 198 

Powers of council. 

going at large in such town or village ; to protect places of divine 
worship in and about the premises where held ; to abate or cause to 
be abated anything which, in the opinion of the majority of the 
whole council, shall be a nuisance; to regulate the keeping of gun- 
powder and other combustibles; to provide, in or near the town or 
village, places for the burial of the dead, and to regulate interments 
therein ; to provide for the regular building of houses or other struc- 
tures, and for the making of division fences by the owners of adja- 
cent premises, and the drainage of lots by proper drains and ditches ; 
to make regulations for guarding against danger or damage by fire; 
to protect the property and person of the citizens of such town or 
village, and to preserve peace and good order therein, and for this 
purpose to appoint, when necessary, a police force to assist the mar- 
shal in the discharge of his duties ; to prescribe the powers and de- 
fine the duties of the officers appointed by the council, fix their term 
of service and compensation, require and take from them bonds 
when deemed necessary, payable to such town in its corporate name, 
with such sureties and in such penalty as the council may see fit, 
conditioned for the faithful discharge of their duties ; to erect or au- 
thorize or prohibit the erection of gas-works or water-works in the 
town; to prevent injury to or pollution of the same, or to the 
water or healthfulness of the town ; to regulate and provide for the 
weighing of hay, coal, and other articles sold or for sale in the town, 
and to provide a revenue for the town and appropriate the same to 
its expenses ; to provide for the annual assessment of taxable prop- 
erty therein, and L to adopt rules for the regulation and government 
of its own body. To carry into effect these enumerated powers and 
all others conferred upon such town or village, or its council, by this 
Chapter, or by any future act of the legislature of the State, the 
council shall have power to make and pass all needful orders, by- 
laws, ordinances, resolutions, rules, and regulations, not contrary to 
the Constitution and laws of this State, and to prescribe, impose, and 
enact reasonable fines, penalties, and imprisonments in the county 
jail, or the place of imprisonment in said incorporation, if there be 
one, for a term not exceeding thirty days for the violation thereof. 

Summons to recorder's court need not conform to ordinance : 77 Ga. 663. 

Bridges, streets, and sidewalks must be kept by city in reasonably safe con- 
dition : 76 Ga. 585. 

City not liable for failure to carry out ordinance looking to opening new 
street: 77 Ga. 745. 

Without express statutory authority, town has no right to permit per- 
manent obstruction in street, for private use : 86 Ga. 756. 

Acts 1880-1, §697. (786a.) May organize chain-gangs. The right and power to 
organize work-gangs or other means of confinement and to confine at 
labor therein, for a term not exceeding thirty days, persons convicted 



199 SEVENTH TITLE.— CHAP. 1, ART. 2, SEC. 3. §§698-701 

Taxes, licenses, and streets. 

of violating the ordinances of such towns and villages, are hereby 
conferred on the incorporated towns and villages of this State, or 
their respective authorities: Provided, that said penalty shall be in- 
flicted only as an alternative of failure or refusal to pay fines im- 
posed for such violations. 

§698. (786b.) May provide for forfeiture of bonds. Any municipal Acts isso-i, 
corporation in this State shall have full power and authority to pro- 
vide, by ordinance, for the forfeiture of bonds given by offenders for 
their appearance before municipal courts, and to provide for the 
collection of the same from the principal and sureties to such bonds 
by judgment, execution, and sale. 

§699. (786c.) May bind over or commit offenders. Any mayor, re- Acts isso-i, 
corder, or other proper officer presiding in any municipal court in 
this State, shall have authority to bind over, or commit to jail, of- 
fenders against any criminal law of this State, whenever in the course 
of an investigation before such officer a proper case therefor shall be 
made out by the evidence. 



SECTION 3. 

TAXES, LICENSES, AND STREETS. 

S700. (787.) Taxes, on what, and how levied. The council shall Acts 1872, 

- v ' ' 7 p. 21. 

cause to be annually made up, and entered upon its journal, an ac-^ 753 » 745 - 
curate estimate of all sums which are or may be lawfully chargeable 
on such town or village, and which ought to be paid within one year, 
and it shall order a levy of so much as may in its opinion be neces- 
sary to pay the same. The levy so ordered shall be upon all dogs in 
the said town or village, and upon all the real and personal estate 
therein, subject to State and county tax : Provided, that the tax so 
levied shall not exceed one dollar on every hundred dollars of the 
value thereof. 

§701. (788.) Streets, by whom and how worked. Every male resident Acts 1872, 
of said town or village, not under sixteen nor over fifty years of age, $775. 
shall, if required by the council thereof, work not exceeding fifteen 
days, by himself or an acceptable substitute, on the roads, streets, 
and alleys of said town or village, under the direction of the super- 
intendent of roads, streets, and alleys, or may be released from such 
work upon the payment to the superintendent or council of such 
amounts as may be fixed by the council, the money so paid to be 
used in the improvement of said roads, streets, and alleys; and if 
said work and money so paid is not sufficient to put and keep the 
roads, streets, alleys, sidewalks, cross-walks, drains, and gutters of 
such town or village in good repair, the council thereof shall levy a 



§§702, V08 SEVENTH TITLE.— CHAP. 1, ART. 2, SEC. 8. 200 

Taxes, licenses, and streets. 

Act J 7 4 878 " 9 ' tax on all the subjects of taxation therein, sufficient for that pur- 
pose, and to pay all other expenses incident thereto. And the munic- 
ipal authorities of any incorporated city in this State are hereby 
authorized to permit the inclosure of any lane or alley, or portion 
of a lane or alley in such city, when the owners of the lots abutting 
on such lane or alley, or portion of the lane or alley, sought to be 
secluded, and the owners of any other lots, to the enjoyment of which 
access through said lane or alley is necessary, consent: Provided, 
that said municipal authorities may have the right at any time to 
reopen said lane or alley. 

^tei872, §702. (789.) Licenses. Whenever anything for which State li- 
cense is required is to be done within such town or village, the 
council may require a town or village license therefor, and may im- 
pose a tax thereon for the use of the town or village, and may also 
require a bond, with sureties, conditioned as prescribed in section 
689, payable to such town or village, in such penalty as it may think 
proper, and may revoke such license at any time, if the condition of 

A P ct 25 1876 ' sa ^ DOn( i De broken. And they shall have power to license and reg- 
ulate the management of barrooms, saloons, hotels, and private 
boarding-houses, livery-stables, and private and public transporta- 
tion through the town or village, and in addition to the ad valorem 
tax provided for by law, to levy a tax on all billiard-tables, tenpin 
or ninepin alleys, and tables and alleys of any other kind used for 
the purpose of playing on with pins or balls, or both, within such 
town or village, and on all contrivances, of whatever kind, used for 
the purpose of gaming or carrying on a game of chance, by selling 
cards, tickets, or numbers, or by turning a deal or wheel, or by using 
any other artifice or contrivance. They shall also have power to tax 
all shows taxed by the laws of this State, which may exhibit within 
such town or village, which tax may be collected, if not voluntarily 
paid, by execution and levy and sale, as provided for the collection 
of taxes under the general law prescribing the mode of incorporating 
towns and villages; and said council shall have full power to pass 
all ordinances necessary to carry into effect the provisions of this 
section. 

A town whose charter embraces this section has power to issue license to 
retail spirits and to tax therefor: 62 Ga. 423-427. 

License as fish-dealer, not give right to use street for business : 86 Ga. 756. 

A v% 1872, § 708 - ( 790 -) Marshal's duty. It shall be the duty of the marshal 
to collect the town or village taxes, fines, levies, and assessments, 
and in case the same are not paid within one month after they are 
placed in his hands for collection, the council shall issue execution 
therefor, and the marshal may levy and sell therefor in like manner, 



201 SEVENTH TITLE.— CHAP. 1, ART. 2, SEC. 4 §§ 704-706 

Mayor and other officers. 

and under the same regulations, as the officers of the State are now 
authorized to levy and sell under other executions. 

§704. (791.) Lien for taxes, how enforced. There shall be a lien on ^J/ 872 ' 
real estate within such town or village, for the town or village taxes* 778 - 
assessed thereon, and for all other fines and penalties assessed or 
imposed upon the owners thereof by the authorities of such town or 
village, from the time the same are assessed or imposed, which shall 
have a priority over all other liens, except the lien due the State and 
county, and may be enforced in the same manner as now prescribed 
by law for the enforcement of the lien for county taxes, or in such 
other manner as the council may by ordinance prescribe. 



SECTION 4. 

MAYOR AND OTHER OFFICERS. 

§705. (792.) Powers and duties of mayor. The mayor shall be the ^ ct | 2 1872 ' 
chief executive officer of the town or village; he shall take care that 1890 " 1,p * 66, 
the orders, by-laws, ordinances, acts, and resolutions of the council 
are faithfully executed; he shall be ex officio justice of the peace 
within the town or village; shall, within the same, possess and exer- 
cise all the powers and duties, vested by law, as a justice of the 
peace, except that he shall have no jurisdiction as such in civil 
cases. He shall have control of the police of the town or village, 
and may appoint special police officers whenever he deems it neces- 
sary, and it shall be his duty especially to see that the peace and good 
order of the town or village are preserved, and that persons and prop- 
erty therein are protected, and to this end he may cause the arrest and 
detention of all riotous and disorderly persons in the town or vil- 
lage, before issuing his warrant therefor. He shall have power to 
issue executions for all fines, penalties, and costs imposed by him, 
or he may require the immediate payment thereof, and in default of 
such payment, he may commit the party in default to the jail of 
the county in which such town or village is situated, or other place 
of imprisonment in such corporation, if there be one, until the fine 
or penalty or costs shall be paid; but the term of imprisonment in 
such case shall not exceed thirty days. In the absence from the 
town or village, or sickness of the mayor, or during any vacancy in 
the office of mayor, any one of the councilmen, selected by the ma- 
jority, shall perform his duties, and be vested with all his powers. 

§706. (793.) Compensation of officers. The mayor, recorder, and Act | 2 1872 » 
marshal of the town or village shall each receive such compensation 
for their services as may be fixed by council, which shall not be in- 
creased or diminished during their term of office. 



707-711 SEVENTH TITLE.— CHAPTER 2, ARTICLE 1. 202 



Corporate courts and penalties; police courts. 



Actsi872, §707. (794.) Jail fees, how paid. The expense of maintaining any 
person committed to the county jail, or other place of imprison- 
ment, by the mayor, shall be paid by the town or village, and all 
costs incurred in the incorporation of any town or village shall be 
paid by the same. 

Acts^i872, §708. (795.) Limits of towns, how extended. The question of ex- 
tending the limits of such corporations shall be submitted to the 
people of the district to be included, and if two-thirds of such people 
vote for extension, the same may be made. 

In chartering town, or amending charter, legislature may give to incorpo- 
rated territory such extent as it may choose ; annexed territory taxable for 
prior municipal debts : 94 Ga. 557. 

A y%2~ 872 ' §709. (796.) Officers shall not contract, when. No person holding 
$75i. office under any municipal incorporation shall, during the time for 

which he was elected or appointed, be capable of contracting with 
such corporation for the performance of any work which is to be paid 
for out of the treasury, nor shall any such person be capable of hold- 
ing or having any interest in such contract, either by himself or 
by another, directly or indirectly. 

Construing this section in reference to the mayor of Macon : 60 Ga. 227. 
If an illegal contract, as against public policy, be performed, no action, to 
recover money paid will lie : 85 Ga. 734. 

A p Ct 22 1872 ' §710. (797.) Municipal debts, how created. No such town or village 
©SI* 758 1 ' sna ll create any debt except the ordinary expenses of said town or 
877 - village, unless by a vote of a majority of the citizens of said town 

or village, at an election to be held specially for that purpose. 

Generally : See note on Municipal Corporations under section 1833. 



CHAPTER 2. 

CORPORATE COURTS AND PENALTIES, 



ARTICLE 1. 

POLICE COURTS. 



$$4634,ii. §711. (480.) Corporate and police courts. The organization of the 
various corporate and police courts of this State, and the laws rela- 
tive thereto, are undisturbed by the adoption of this Code, unless 
additional, concurrent, or exclusive jurisdiction, or cumulative rem- 
edies, are conferred by it upon them, or other courts, or other 
magistracy, and then they are altered only to that extent. 



203 SEVENTH TITLE.— CHAPTER 2, ARTICLE 2. §§ 712-716 

Punishment of offenders. 

As to city court of Savannah, see Appendix : 22 Ga. 466. City court of Au- 
gusta, affidavit for bail process, certiorari from. Richmond county superior 
court : 13 Ga. 357. City court of Augusta had no jurisdiction of less than $100 : 
46 Ga. 486. City court of Atlanta, habeas corpus case, no supersedeas before 
bill of exceptions tendered : 47 Ga. 390. City court of Atlanta cannot grant 
new trials : 48 Ga. 37. 



ARTICLE 2. 

PUNISHMENT OF OFFENDERS. 

§712. (480 a.) Alternative sentences by police courts. All police Acts 1878-8, 
courts of this State., having authority to try offenses against the laws 
of the cities, towns and villages in which such courts are located, 
shall have power and authority to impose fines upon persons con- 
victed of said offenses, with the alternative of other punishment 
allowed by law, in case said fines are not paid. 

§713. Selection or appointment of whipping -bosses. The governing ^f^ 890 " 1 ' 
authorities of any county or municipal corporation in this State, 
employing or having labor performed by convicts, in any such county 
or municipal corporation, may appoint a whipping-boss for such 
convicts, and fix his compensation and prescribe his duties: Pro- 
vided, however, that proper and necessary discipline may be adminis- 
tered by the superintendent or other officer or person having control 
of any convict or convicts, without the employment of a whipping- 
boss. 

§714. When to whip. No whipping shall be administered to a 
convict by any whipping-boss or other officer or person, except in 
cases where the same is reasonably necessary to enforce discipline or 
compel work or labor by such convict. 

§715. Rules for government of convicts, etc. Said governing author- 
ities of counties and municipal corporations, respectively, employing 
or having labor performed by convicts, shall prepare and have pub- 
lished full and complete, reasonable and humane, rules and regula- 
tions for the government of the convicts under their control, which 
rules may be amended as occasion may require, but shall specifically 
prescribe the powers and duties, in all respects, of the superintend- 
ent, commissioner, guard, whipping-boss, or other person connected 
with the management of convicts, as to the care, keeping, control, 
work, and discipline of convicts. 

§716. Superintendent, etc., not personally liable for damage to convict. $ 744 - 
No superintendent, commissioner, guard, whipping-boss, or other 
person or employee of convicts, shall be personally liable for any 
injury or damage to any convict, resulting from the employment, 
care, keeping, control, work, and discipline of convicts who are 



§§ 717-719 SEVENTH TITLE.— CHAPTER 3, ARTICLES 1, 2. 204 

Municipal taxation; assessors. Limitation on cities' right of taxation. 

under the direction of said governing authorities, respectively, in 
accordance with reasonable and humane rules and regulations 
adopted as aforesaid. 



CHAPTER 3. 

MUNICIPAL TAXATION. 



ARTICLE 1. 

ASSESSORS. 



Acts i89o-i, §717. Tax assessors for city. The mayor and council of each town or 
city are authorized, at their option, to elect three freeholders, resid- 
ing in the town or city, as assessors, who shall value and assess all 
the property within said town or city liable for taxation. All per- 
sons dissatisfied with the value placed on their property shall appear 
before said assessors and produce testimony as to the value of prop- 
erty, and the decision of said assessors, after hearing the evidence, 
shall be final: Provided, that this section shall not affect towns or 
cities now having the power to appoint assessors. 

§718. Reports. Said assessors shall make their reports at such 
time and in such manner as the town or city authorities shall deter- 
mine, and shall be governed by rules made by the authorities, unless 
contrary to the laws of this State. The authorities shall, in levying 
or assessing the rate of taxation, do so upon the value of the prop- 
erty reported by the assessors. 



ARTICLE 2, 



LIMITATION ON CITIES ' RIGHT OF TAXATION. 



Actsi874, §719. (1672a.) Not to tax over one-half of one per cent. No munici- 
$$i608,7io. pal corporation shall levy or collect for the ordinary current expenses 
of said corporation, except as hereinafter provided, any ad valorem 
tax upon the property within said corporation, exceeding one-half of 
one per cent, upon the value of said property, any charter of said 
corporation to the contrary notwithstanding. 

City cannot tax railroad property used in its business : 71 Ga. 158. 

Ad valorem assessment by authorities constituted in the charter for that 
purpose, is legal method of fixing taxes ; execution for amount so fixed not en- 
joined : 79 Ga. 98. 



205 SEVENTH TITLE.— CHAPTER 3, ARTICLE 3. §§720-723 

Assessment for street and other improvements. 

§720. (1672b.) "Ordinary expenses" defined; separate accounts. ^no 874 ' 

1. The term "ordinary current expenses" shall be construed to in-^|Jg^^J 7) 
elude all current expenses, excepting only expenditures for education, 

for paving or macadamizing streets, and for payment of the principal 
and interest of the public debt, which shall be known as "extraordi- 
nary expenses." 

2. And in all cases where it shall be necessary to levy an additional 
tax above said one-half of one per cent., for any one or more of said 
extraordinary expenses, the levy and assessment of the same for each 
said extraordinary expense shall be separately made and collected. 

3. Said municipal authorities shall cause separate accounts to be 
kept, on account of all amounts collected and disbursed on account 
of each of said extraordinary expenses; and all amounts so collected 
shall be applied exclusively to the extraordinary expenses for which 
said tax was levied and collected. 

Expenses, "ordinary" and "extraordinary" considered. How far tax of one- 
half of one per cent, may be used for fitting up municipal offices ; work begun 
before money in treasury : 67 Ga. 106. 

§721. (1672 c.) Officer diverting money to other purposes, guilty of mal- Acts 1874, 
practice. Any officer of any municipal corporation who shall apply WM (*0 , 
any portion of any fund collected by taxation for either of said ex- 
traordinary expenses, to any other ordinary or extraordinary expense, 
shall be guilty of malpractice in office. 

8722. (1672 d.) Additional fund, how raised. If an additional fund Acts 1874, 
. . . . . p- u°- 

is required by said corporation for internal improvements, not 

herein provided for, or if the amount realized by the levy of one- 
half of one per cent, shall be insufficient to defray the ordinary cur- 
rent expenses of said corporation, an additional tax may be levied 
for this purpose when the same shall be authorized by a vote of two- 
thirds of the legal voters of said corporation who shall vote at an 
election to be held for that purpose, and separate accounts of all 
amounts so collected and disbursed shall be kept as is provided in 
section 720. 



ARTICLE 3. 

ASSESSMENT FOR STREET AND OTHER IMPROVEMENTS. 

§723. Municipalities may issue executions for paving, etc. All mu- Acts 1884-5, 
nicipal corporations have authority to enforce the collection of any 
amount due or to become due for paving streets or lanes, or for lay- 
ing sewers and drains, or for cleaning or repairing privy vaults, by 
execution to be issued by the treasurer against the persons or corpo- 
rations by whom such debts maybe due, which may be levied by the 



§§ 724-727 SEVENTH TITLE.— CHAPTER 3, ARTICLE 4. 206 

Taxation of railroads "by cities. 

marshal on the real estate of the owners, and after proceedings as 
in cases of sales for city taxes, the same may be sold at public out- 
cry. All sales made by such city under execution shall be subject 
to purchase by said corporation, and the right of redemption by the 
owner after sale. 

Cited : 79 Ga. 104. 

^ t ^» 890 " 1, §^24. Renewal of pavements by assessment, etc. The mayor and coun- 
cil or governing authority of any city having a population of over 
twenty thousand, have authority to renew, by the use of any mate- 
rial that may be decided on, or repair any pavement in said city, 
upon the same terms and conditions as to assessment of property and 
street-car companies, as were in force when the pavement was orig- 
inally laid : Provided, in the judgment of the city council of said 
city the pavement is worn-out and no longer serviceable. 



ARTICLE 4. 



TAXATION OF RAILROADS BY CITIES. 



Acts 1890-1, 8725. Property of railroads- subject to municipal taxation. All prop- 
$779. erty, real and personal, belonging to railroad companies in this 

State, which is within the limits of any municipal corporation, shall 
be subject to taxation by the said municipality as fully and as com- 
pletely as is the property of other corporations within the limits. 
And it is made the duty of the municipal authorities to cause prop- 
erty belonging to a railroad company to pay its proper and just pro 
rata of municipal taxes. 
Acts I890-1, §726. Return, to show what. In addition to the facts required to be 

p. 152. . . . 

$784. shown by the Act to provide a system of taxation of railroad prop- 

erty in each of the counties of the State, every railroad company in 
this State shall, at the time of making the returns provided for in 
said Act, show the value of the company's property in each incorpo- 
rated city or town through which it runs. 

Actsi89o-i, §727. Rolling-stock, how assessed. The rolling-stock and other per- 
sonal property of said railroad companies shall be distributed to said 
municipalities on the same basis that rolling-stock and other per- 
sonal property are distributed to the counties under the provisions 
of said Act — that is, as the value of the whole property, real and 
personal, of the said company, is to the value of the property located 
in the particular municipality, such shall be the amount of rolling- 
stock and other personal property to be distributed for taxing pur- 
poses to each municipality. 



207 SEVENTH TITLE.— CHAPTER 3, ARTICLE 5. §§ 728-731 

Garnishment and interest on tax executions. 

§728. County tax law applicable. All other provisions of said Act ^ p ct ^ 890 " 1 ' 
are made applicable to the assessment and collection of taxes of 
railroads by municipalities upon the property of such railroads lo- 
cated in such municipalities, and upon the rolling-stock and other 
personal property. 



ARTICLE 5. 

GARNISHMENT AND INTEREST ON TAX EXECUTIONS. 

§729. Garnishment for city taxes. When any treasurer or other A p ct | 3 | 890 " 1 » 
person authorized to collect the taxes due any municipal corporation $ 895, 
can find no property of the defendant on which to levy any tax ex- 
ecution, he shall make an entry to that effect on said execution, and 
may then issue summons of garnishment against any person whom 
he may believe is indebted to the defendant, or who may have prop- 
erty, money or effects in his hands, without making affidavit or giv- 
ing bond. Said summons of garnishment shall be served by the 
treasurer or other tax-collector, or by the sheriff, or any constable of 
the county in which the garnishee may reside, at least fifteen days 
before the sitting of the court, and returned to the superior or city 
court of the county in which such municipal corporation is situated. 

8730. Entry on execution and return. Said treasurer shall enter on Acts 1890-1, 
the execution the name of the person garnisheed, and return the exe- 
cution to said court, and the subsequent proceedings shall be the 
same as on garnishments in cases when judgment has been obtained. 

§731. Tax executions to bear interest, when. All executions issued f or Acts i89o-i, 

P-50. 

taxes due the State, or any county thereof, or any municipal corpo- 1889, p. 31. 
ration, whether issued on assessments for permanent improvements of 
streets or sewers of said municipal corporations, or otherwise, shall 
bear interest at the rate of seven per cent, per annum, from the time 
fixed by law for issuing the same: Provided, that this section shall 
not apply to taxes or tsmfi. fas. issued by any municipal corporation 
imposing penalties for failure to pay taxes to any municipal corpo- 
ration on any fi.fas. due to it for taxes or assessments, having, No- 
vember 11th, 1889, a population of sixty thousand or more, unless the 
mayor and general council, mayor and council, or other governing 
authority of any such municipal corporation shall, by order, resolu- 
tion, or ordinance, provide for the charge and collection of such in- 
terest on such fi. fas. 

Generally : See note on Municipal Corporations under section 1833. 



§§ 732-735 SEVENTH TITLE.— CHAPTER 3, ARTICLE 6. 208 

Sales for municipal taxes and redemption of property sold. 

ARTICLE 6. 

SALES FOR MUNICIPAL TAXES AND REDEMPTION OP PROPERTY SOLD. 

^ Ct i25 877 ' §732. (3656 a.) Time, place, and manner. The time, place, and 
manner of the sale of property, both real and personal, for taxes 
due to municipal corporations in this State, shall be the same as that 
provided by law for sheriff's sales for State and county taxes. 

Sunday is dies non juridicus, and advertisement of sale in a Sunday paper 
is illegal, and sale void : 72 Ga. 290. 

The language of this section does not embrace the newspaper in which sales 
are to be advertised : 86 Ga. 303. 

Section does not change rules of evidence as to city tax sales and deeds : 89 
Ga. 286. 

^m 877, §733. (3656b.) Redemption. Whenever any land is so sold, the 
1880-1, p. 48. owner thereof shall have the privilege of redeeming said land thus 
sold, within one year by paying the purchaser the amount paid by 
said purchaser for said land, with ten per cent, premium thereon, 
from the date of the purchase to the time of the payment. 
Act i25 877 ' §734. (3656 c.) Corporation may purchase, when. Whenever at 
$$i27-i3i. an y gU ch g a le by a municipal corporation for taxes due it, by its 
marshal or duly authorized officer, no one present shall bid for the 
property put up to be sold, as much as the tax for which it is pro- 
posed to sell the same, and the officer's cost, if any due thereon, af- 
ter such property shall have been cried a reasonable time, then any 
duly appointed officer or agent of the corporation may bid off such 
property for the corporation, and the marshal or other officer mak- 
ing such sale, shall make to the corporation a deed to the property 
so sold, and deliver the same to the officer designated by the corpo- 
ration to receive it, and the title acquired by the corporation at such 
sale and by such deed shall be perfect, valid and binding, after the 
period above provided for redemption by the owners shall have 
elapsed and there is no redemption by the owner, as if purchased by 
an individual or corporation other than such corporation so purchas- 
ing, and the marshal, or other duly authorized officer making the 
sale, shall put the corporation, through any officer or person it may 
designate, in the possession of the property so sold. 

^^i 877 ' §735. (3656 d.) Property sold by corporation, how. Neither the 
$i3i. governing body of any such municipal corporation, whether known as 

mayor and councilmen, mayor and aldermen, or by any other name, 
during whose term of service any such sale shall take place, nor any 
subsequently elected or appointed governing body, shall be capable 
of diverting or alienating the title of the corporation to any prop- 
erty so purchased, except by a public sale of the same to the highest 
bidder. 



209 SEVENTH TITLE.— CHAPTER 4, ARTICLES 1, 2. §§ 736-740 

Power of municipality and its officers ; councilmen incompetent to hold other office. Cities as trustees. 

§736. (3656 e.) Ordinances to carry this into effect. Municipal cor- ^y. 877 * 
porations shall have full power and authority to pass appropriate 
ordinances and by-laws to carry these provisions into effect. 

§737. (3656 f.) Does not apply to counties. Nothing in the preceding Act ^ 2 1 5 877 ' 
five sections shall be construed to apply to counties. 

§738. Recitals in tax deed. Unless otherwise provided in the char- S^o" 288 ' 
ter, the recitals in a deed under a sale for municipal taxes are not 
evidence of the facts recited. 

Recitals in city tax deed do not prove sale regular, unless statute so pro- 
vides : 89 Ga. 286. 

Before municipal tax fi. fa. and deed admissible in evidence as title, what 
must be shown : 69 Ga. 194. 

Ordinance requiring written notice of levy, etc., should have been complied 
with: 77 Ga. 772, 773. 

Generally : See notes on Municipal Corporations under section 1833. 



CHAPTER 4. 

POWER OF MUNICIPALITY AND ITS OFFICERS. 



ARTICLE 1. 

COUNCILMEN INCOMPETENT TO HOLD OTHER OFFICE. 

§739. Councilmen incompetent to hold other municipal office. Coun- ^J 5 *!^ 890 ' 1, 
oilmen and aldermen of the towns and cities of this State shall be in- S* p - 79 - 
competent to hold, except in towns of less than two thousand inhab- 
itants, any other municipal office in said towns and cities during the 
term of office for which they were chosen; but nothing in this section 
shall apply to any municipal office which is filled by appointment of 
the mayor. Any councilman or alderman appointed during his term 
to any other municipal office shall resign before being eligible to en- 
ter upon the office to which he has been appointed. 



ARTICLE 2. 

CITIES AS TRUSTEES. 

§740. Incorporated towns and cities may accept gifts. All incorpo- Acts 1892, 
rated towns and cities in this State are authorized to receive any 
donations or gifts of real or personal property which may be made 
to them by deed of gift, will, or otherwise, and subject to such con- 
ditions as may be specified in the instrument giving or donating the 
14 



§§ 741-747 SEVENTH TITLE.— CHAPTER 4, ARTICLE 3. 210 

Limitation on powers of city and its officers. 

property, if the governing body of such town or city approves of such 
conditions. 

§741. May act as trustees. The incorporated towns and cities in 
this State shall be authorized to act as trustees under any convey- 
ance or will donating or giving property for charitable or eleemosy- 
nary purposes. 
^ ct i78 889, §742. Towns trustees of cemeteries. Any person may convey to the 
mayor and city council of any town or city in this State, any money 
or property to be held by such mayor and council in trust, the cor- 
pus or increase thereof to be expended as directed by such convey- 
ance, in the improvement or preservation and care of any cemetery 
or of the burial lots of such owner therein, and such mayor and 
council shall receive and hold such property and execute such trusts, 
according to the terms thereof, as other trusts are executed under the 
laws of this State, and shall by its clerk make annual returns to the 
ordinary, and shall be entitled to such commissions as are paid to 
other trustees, but shall not be required to give bond. 



ARTICLE 3. 

LIMITATION ON POWERS OF CITY AND ITS OFFICERS. 

68 Ga. 816. §743. Cannot restrict subsequent council. One council cannot by an 

ordinance bind itself or its successors so as to prevent free legislation 

in matters of municipal government. 

88 Ga. 455. §744. Not liable for acts of public officers. A municipal corporation 

$716. ' is not liable for the torts of policemen or other officers engaged in 

the discharge of the duties imposed on them by law. 

See notes to section 1833, catchword " Policeman. " 

86Ga.756. §745. Obstructions in street. Without express legislative authority, 
a municipality cannot grant to any person the right to erect or 
maintain a structure or obstruction in a public street. 

See notes to section 1833, catchword "Streets." 

75 Ga. 433. 8746. Equity will not interfere with discretion of council. The coun- 

$$1859, I860. ° 1 V J ... . .., 

cil or other governing body of a municipality has a discretion in the 
management and disposition of its property, and where it is exer- 
cised in good faith, a court of equity will not interfere therewith. 

§747. Municipal corporations not liable for discretionary acts. Where 
municipal corporations are not liable by statute to perform an act, 
they cannot be held liable for exercising their discretion in failing to 
perform the same. 

See notes to section 1833, catchword "Damages." 



211 SEVENTH TITLE.— CHAPTER 4, ARTICLE 4. §§ 748-753 

Streets neglected ; duty of justice. 

§748. Municipal corporations liable for what. Municipal corpora- 69 Ga - 542 - 
tions are not liable for failure to perform, or for errors in perform- 
ing, their legislative or judicial powers. For neglect to perform, or 
for improper or unskillful performance of their ministerial duties, 
they are liable. 

See notes to section 1833, catchwords "Damages" and "Ministerial Acts." 

§749. Municipal corporations liable for injuries, when. If a munici- 82 Ga - 207 - 
pal corporation has not been negligent in constructing or repairing 
the same, it is not liable for injuries resulting from defects in its 
streets when it has no notice thereof, unless such defect has existed 
for a sufficient length of time for notice to be inferred. 

See notes to section 1833, catchword "Notice." 

§750. Municipal property not subject to levy. Property of a munici- 64 Ga. 291. 
pal corporation in use for the public, or held for future use for the 
public, is not subject to levy and sale under executions. All prop- 
erty held by a municipality is presumptively for public use. 

See also 59 Ga. 771 ; 62/324. 

80 Ga. 793. 



)751. Voting when personally interested . It is improper and illegal f?^* 



3010. 



for a member of a city council to vote upon any question, brought 
before the council, in which he is personally interested. 

§752. Officers, when personally liable. Members of the council Egof; 190, 
and other officers of a municipal corporation are personally liable to 
one who sustains special damages as the result of any official acts of 
such officer, if done oppressively, maliciously, corruptly, or without 
authority of law. 



ARTICLE 4. 

STREETS NEGLECTED; DUTY OF JUSTICE. 

§753. (652.) Streets neglected for three months, justices to act, etc. ^bifsk 
When the main streets of an incorporated town or city continue in a $ 745 - 
state of neglect for three months, the justices of the peace therein 
are, by virtue of their office, road commissioners, and shall appoint 
overseers, apportion the hands that would be liable to road duty 
throughout the town, have the streets worked on, as though they 
were public roads, and must in every other respect perform the 
duties of road commissioners, and for neglect of any other duty, or 
violation of any of the road laws, are liable to fine as such commis- 
sioners. 



§§ 754-757 SEVENTH TITLE.— CHAPTER 4, ARTICLES 5, 6, 7. 212 

Citizens as jurors. Licenses to pawnbrokers. Sale of domestic wines in cities. 

ARTICLE 5. 

CITIZENS AS JURORS. 

Act f 5 1874 ' §754. (1672 f.) Who are competent jurors. The fact of a person 
J875, p. 96. b e i n g a citizen or resident of a municipal corporation shall not 

render him incompetent to serve as a juror in cases in which such 

municipal corporation is a party or interested. 

In case against city, where residents stricken from jury as disqualified, new 
trial granted, unless facts demand verdict: 69 Ga. 577. 



ARTICLE 6. 

LICENSES TO PAWNBROKERS. 

Act i36 868 ' §755. (2137.) Pawnbrokers, how licensed and governed. It shall 
be lawful for the municipal authorities of the several incorporated 
towns and cities in the State of Georgia to license pawnbrokers in 
their respective jurisdictions, to define by ordinance their powers 
and privileges, to impose taxes upon them, to revoke their licenses, 
and generally to exercise such superintendence over pawnbrokers as 
will insure fair dealing between the pawnbroker and his customers. 

In absence of ordinance, recorder could not fine pawnbroker for doing busi- 
ness without license : 78 Ga. 773. Charge of running a pawnshop without reg- 
istering it, on a day named, did not authorize verdict and punishment for more 
than one day's violation : 87 Ga. 65. 



ARTICLE 7. 

SALE OF DOMESTIC WINES IN CITIES. 

Acts^i895, §756. Sale of domestic wines. Except where the sale has been pro- 
hibited by special act or the local-option law, any city or town may 
regulate the sale of domestic wines within their limits, provide pen- 
alties for non-compliance therewith, and license or tax each place 
where the same are sold. The same shall not be sold in quantities 
less than one quart nor be drunk on the premises where sold, except 
in regularly licensed barrooms. 

§757. Producer may sell domestic wine, when. Nothing in the pre- 
ceding section shall be construed so as to prevent any person from 
selling in cities and towns wine made from grapes or berries grown 
on his own land, or lands leased or rented by him : Provided, he does 
not establish a place of business to sell the same or otherwise engage 
regularly in the business of selling the same within the territorial 



213 SEVENTH TITLE.— CHAPTER 5. §§ 758-761 

Funding bonded debt of municipalities. 

limits of said cities and towns, in which case he shall fall within the 
operation of the preceding section. 



CHAPTER 5. 

FUNDING BONDED DEBT OF MUNICIPALITIES. 

§758. (508m (2).) Bonded debt of towns and cities may be compro- $$5893. 377, 
mised. The municipal authorities of any incorporated town or city ActsJL878-9, 
of this State are authorized to compromise their bonded debt, in ac- $§710/719. 
cordance with the provisions of this Chapter: Provided, that this 
Chapter shall not be construed to prejudice the rights of such credit- 
ors as may refuse to assent to such compromise. 

§759. (508m (3).) New bonds may be issued for outstanding bonds. Acts 1878-9, 
Where there are outstanding bonds and coupons of any incorporated 
town or city of this State whether the said outstanding bonds or 
coupons are due or to become due, it shall be lawful for the munici- 
pal authorities to issue new bonds, with coupons attached, to be ex- 
changed and to stand in the place of such outstanding bonds and 
coupons: Provided, always, that the new bonds so issued shall not 
exceed in amount the previously existing total bonded debt, with 
interest thereon, of such town or city. 

§760. (508 m (4) . ) Benefits of this law, how obtained. When the au- Acts_i878-9, 
thorities of such town or city shall desire to avail themselves of the 
benefit of the provisions of this Chapter, they are hereby authorized 
and empowered to pass any ordinance, or ordinances, to provide for 
the issuance and exchange of new bonds to stand in the place and 
stead of outstanding bonds and coupons, and to determine the mode 
and method of such issuance and exchange, and to fix the length of 
time such new bonds shall run and the rate of interest they shall bear. 
Such ordinance, or ordinances, shall have the force and effect of 
contracts between the said town or city and those who may receive 
or hold such new bonds so issued and exchanged. 

§761. (508m (5).) Sinking fund, how provided. If any town or Act | 5 1878 ' 9 » 
city, availing itself of the provisions of this Chapter, shall desire to 
provide a sinking fund for the redemption of such new bonds, it shall 
be lawful for the authorities to pass all ordinances necessary for 
that purpose, and to create a commission for the management of said 
sinking fund, and for its proper use and application, which commis- 
sion shall be composed of not less than three nor more than five 
freeholders of such town or city; and the ordinance, or ordinances, 
providing for said sinking fund and said commission, for its man- 
agement and application, and the mode of appointing said commis- 



761 SEVENTH TITLE.— CHAPTER 5. 214 



Funding bonded debt of municipalities. 



sion, and prescribing its duties, shall have the force and effect of 
law, and shall be held and considered as part of the contract be- 
tween such town or city and the acceptors or holders of such new 
bonds. 

General Note on Municipal Corporations. — See notes to sections 1833 and 

778. 



215 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §762 



Public revenue; taxation; exemption. 



EIGHTH TITLE. 

Public Revenue. 



CHAPTER 1. 

TAXATION. 

ARTICLE 1. 

EXEMPTION. 



§762. (798.) Property exempt from taxation. The following de- Acts 1878-9, 
scribed property shall be exempt from taxation, to wit: All public $§5796, 5884, 
property, places of religious worship, and places of burial ; all insti- 
tutions of purely public charity; all buildings erected for and used 
as a college, incorporated academy, or other seminary of learning; 
the real and personal estate of any public library, and that of 
any other literary association, used by or connected with such li- 
brary; all books, philosophical apparatus, paintings, and statuary of 
any company or association, kept in a public hall, and not held as 
merchandise or for purposes of sale or gain: Provided, the above- 
described property so exempted be not used for purposes of private 
or corporate profit or income; and all laws exempting property from 
taxation, other than the property herein enumerated, shall be void. 

Construed, imports and exports are exempt: 60 Ga. 66-69. Masonic lodge 
is exempt: 53 Ga. 93. Referred to: 53 Ga. 93. 

See 11 Ga. 79 ; 50/424. 

Not in conflict with constitutional inhibition against taking money from 
treasury in aid of any church, sect, etc. : 76 Ga. 182. 

Property exempted from tax illegally, mandamus remedy : 84 Ga. 213. 

Municipal contract with street-railroad company here did not exempt sta- 
bles, shops, houses, etc., from taxation : 66 Ga. 104. 

Exemption of realty within limits of city used for farming purposes, void: 

89 Ga. 810. 

Lands held in trust to appropriate income for benefit of poorhouse, not ex- 
empt : 80 Ga. 159. 

Though income from stores in Masonic building go exclusively to charitable 
purposes, store part of building taxable : 81 Ga. 212. 

Lands of public academy exempt though separate from academy grounds • 

90 Ga. 634. 



§§ 763-767 EIGHTH TITLE.— CHAPTER 1, ARTICLE 2. 216 



Persons and property subject to taxation. 



Public property non-taxable whether income derived from it or not ; terms 
"private or corporate" are employed in this section in contradistinction to 
public : 90 Ga. 648. 

Act allowing city of Atlanta to assess property for street-improvements did 
not apply to places of religious worship : 76 Ga. 182. 

Church property subject to assessment for street-paving : 86 Ga. 730. 

Water-works in city of Athens not exempt here: 74 Ga. 413. 

Formerly, State could by contract restrict its taxing power. Not so as to 
municipality : 83 Ga. 734. 

As to exemptions and restrictions on power to tax certain railroads char- 
tered prior to Constitution of 1877, see 54 Ga. 428, 423, 402 ; 62/485 ; 66/563 ; 
62/468 ; 68/318 ; 70/11 ; 64/783 ; 62/453 ; 87/487 ; 89/574, 575. 

'pJul 89 ' §763. What toll-bridges exempt from taxation. When any person 
residing in or out of this State is the proprietor of any toll-bridge, 
or bridge on which toll may be lawfully charged in this State, such 
bridge shall be considered and treated as public property, and ex- 
empt from taxation whenever and so long as the proprietor shall 
allow it to be used absolutely and entirely as a free bridge, and shall 
keep the same in good repair and safe condition for the free use of 
the public. 

A p Ct f 5 ^ 889 ' §764. Unlawful exemptions. No county authority shall exempt 
from taxation any manufactory, industry, enterprise, or any prop- 
erty of any kind not now exempt by law. 

§765. Tax-receiver. The tax-receiver shall have all property, 
whether exempted by the county authorities or not, which is re- 
quired by law to be returned for taxes in the several counties in this 
State, returned for taxation, and the tax-collector shall collect the 
taxes upon such property. 

Act i2o 882 " 8 ' §766. Maimed Confederate soldiers exempt from poll-tax. All per- 

$ 775 - sons who have lost a limb or limbs, or the use of the same, while 

actually engaged in the military service of the late Confederate 

States, are relieved from the payment of all poll-tax in this State. 



ARTICLE 2. 



PERSONS AND PROPERTY SUBJECT TO TAXATION. 

Acts 1851-2, §767. (799.) Taxable property. All real and personal estate, 
^5883,769, whether owned by individuals or corporations, resident or non-resi- 
dent, is liable to taxation. 

A foreign insurance company taxed by means of license required : 50 Ga. 
537. City may exempt property from taxation : 60 Ga. 93 ; 54/330. Income is 
not property : 60 Ga. 93-100 ; 8/23. Promissory note taxable according to its 
market value : 47 Ga. 382, 384. No tax permitted on State bonds : 60 Ga. 505 ; 
50/387. A municipal corporation can tax the property and business also : 62 



217 EIGHTH TITLE —CHAPTER 1, ARTICLE 2. §§ 768, 769 

Persons and property subject to taxation. 

Ga. 645-650 ; 60/133. Also as to a tax on -the gross value of sales : 62 Ga. 645- 
650. 

Property of national bank and its shares, taxable by city here, but not its 
business : 62 Ga. 650 ; 59/648. 

City of Augusta could tax insuranpe and banking company on "capital 
stock" and not the company as a corporate body : 37 Ga. 620-622. 

Capital stock of corporation is, relatively to the corporation, a liability, not 
property ; not taxable by city here : 94 Ga. 201. 

Savannah could tax capital invested and stock of corporations : 75 Ga. 36. 

Where legislature prohibited tax on cotton or sales thereof, a tax laid by 
municipality on such sales, illegal: 69 Ga. 581 ; see also 65 Ga. 231. 

Gity of Macon could not tax its own bonds : 67 Ga. 489, 492. 

Assessments against abutting property for street-improvements are not 
taxes: 70 Ga. 817; 75/9; 76/186; 79/105; 85/49; 86/737. 

Specific tax on business is constitutional, and consistent with ad valorem tax 
on property used in such business : 94 Ga. 617. 

Livery-stable business and sale-stable business may be separately taxable : 
94 Ga. 617. 

Under Act of December 11th, 1871, city of Macon could not tax capital stock 
of corporation : 94 Ga. 201. 

Tax fi. fa. for tax on lot, good, though issued against agent of owner: 74 Ga. 
592. 

Under Act of December 22d, 1894, shares in building and loan associations 
upon which no loan has been made, liable to taxation at true market value: 

80 Ga. 515. 

Real estate held under city of Savannah on payment of annual ground-rent 
forever, etc., taxable by city: 87 Ga. 397. 

Maker and holder of bond for titles liable indiscriminately to the public for 
taxes, but between themselves the one enjoying the use is liable : 80 Ga. 55. 

Tax execution issued under general assessment against all of defendant's 
property, sale thereunder of lot in which defendant had no more than life- 
estate passed only defendant's interest. Had assessment been against the 
particular lot sold, title of purchaser would have been good against the world : 

81 Ga. 86. Compare 86 Ga. 602. 

Charter authorizing city to tax "real and personal estate" does not necessa- 
rily confer right to tax income ; such right must clearly appear : 76 Ga. 189, 
190. 

Where illegal tax voluntarily paid to city and used, cannot be recovered: 
69 Ga. 581; see also 48 Ga. 309; 61/228; 62/541; 66/31; 50/304; 68/119; 85/468; 
89/154. 

See note on Municipal Corporations under section 1833. 

§768. Interest in land less than fee. All persons owning any min- Acts 1889, 
eral or timber interests, or any other interest or claim in or to land $$778,816. 
less than the fee shall return the same for taxation and pay taxes 
on the same as on other property. And any person failing to com- 
ply with the requirements of this section shall be proceeded against 
as a defaulting taxpayer. 

§769. (808.) Non-resident owners of property liable . Lands or other $$767,816. 
property belonging to citizens of the United States, not resident of 
this State, cannot be taxed higher than the property of residents, 



§§ 770-773 EIGHTH TITLE.— CHAPTER 1, ARTICLE 2. 218 

Persons and property subject to taxation. 

but all the property of such non-residents, whether their property be 
real or personal, in this State, must pay taxes on the same herein. 

Discrimination as between property of residents and non-residents : 25 Ga. 
610. Non-residents are not required by our law to pay taxes on notes held by 
them on citizens of this State : 44 Ga. 651. Section cited and construed : 50 
Ga. 392. 

^p ^! 851 " 2 ' §770. (804.) Tax to be assessed, by whom. All property or other 
$139. thing of value, subject to taxation, must be given in by the tax- 

payers as hereinafter set forth, 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. 

According to its value, under the Constitution of 1868 : 41 Ga. 22. The Con- 
stitution of 1868 authorizing a special tax on liquor for certain purposes, this 
tax was not objectionable to the ad valorem provisions : 42 Ga. 416. A tax on 
the occupation of a retail dealer of liquor, held valid : 42 Ga. 596-599. City tax 
on the shareholders of stocks in banks should be ad valorem: 47 Ga. 562, 563. 
Promissory notes or other debts : 47 Ga. 384. 

That rate of taxation provided for by act may vary in different counties, not 
render act otherwise than uniform: 89 Ga. 574; 91/774. 

City ordinance imposing ad valorem tax on realty, unconstitutional because 
personalty not taxed : 82 Ga. 138. 

Taxation upon property must be at a uniform rate on all kinds : 84 Ga. 683. 

Tax on business or occupation is not a tax on property which must be ad 
valorem and uniform : 89 Ga. 642. 

Act authorizing city to assess abutting real estate to pave street, etc., not 
violative of constitutional provision as to ad valorem taxation : 70 Ga. 817 ; see 
also 75 Ga. 9; 76/186; 79/105; 85/49; 86/737. 

Municipal taxes must be ad valorem; values, how determined : 79 Ga. 98. 

See notes to section 5883. 

Acts 1851-2, §771. (805.) Assessment, when to be made. Such assessment must 

p. 291. c \ / •> 

$$395, 139. be made each year, as soon as the 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 
also publish a copy thereof for the space of thirty days in some pub- 
lic gazette at the seat of government. 

$139. §772. (806.) Amount of taxes to be assessed. The amount of taxes 

assessed shall not exceed the actual annual wants of the State gov- 
ernment, exclusive of the commissions of collectors and receivers, 
and any other expense that may be lawfully incurred in assessing 
and collecting them. 

^obb!io5i. §773. (807.) In what funds taxes are to be paid. Taxes must be 
^p Ct 29i 851 2 ' paid in gold or silver, or in the bills of such banks as pay specie 
$$1952,806. p rom ptiy^ unless specially excluded by law or otherwise directed by 
the Governor. 



219 EIGHTH TITLE.— CHAPTER 1, ARTICLE 2. §§ 774-778 

Persons and property subject to taxation. 

§774. (808.) Default and insolvent list. In netting the digest, the^ b ^ 4 ^ 79 
default list shall be deducted for the receivers, and the insolvent list ^f^ 851 ' 2 ' 
for the collectors. 

§775. (809.) Poll-tax. Every male person between the ages of ^f^ 869 ' 
twenty-one and sixty years, shall pay an annual poll-tax of one dol- Act'ife* 82 " 
lar. No county, city, or corporate authority shall assess or collect $ S$g' \ { §q' 
any capitation tax whatever, except street tax, and that only after 70L 
opportunity to work the streets. 

Commutation street tax not unconstitutional : 62 Ga. 646. 

Act authorizing city of Savannah to collect poll-tax, constitutional : 66 Ga. 
217. 

To work roads, or pay a fair tax, is a public duty, and a failure so to do may 
be punished under police powers, without trial by jury: 91 Ga. 773. 

§776. (801.) Bonds, notes, etc., of non-residents; bonds of other States, ^jj, 858 ' 
Bonds, notes, or other obligations for money, on persons in other $$ 819 » 766 - 
States, or of other States, or bonds of corporations of other States, 
and shipping, are the subjects of return and taxation in this State. 

Bonds owned by citizens of Augusta on corporations or individuals out of 
the city : 50 Ga. 387-392. Bonds, notes, etc., follow the situs of the creditor : 64 
Ga. 799. The law as set forth in this decision is now different under this sec- 
tion : 33 Ga. 113. 

State of Georgia cannot tax its own bonds : 60 Ga. 505. Nor can city of Au- 
gusta tax Georgia bonds : 50 Ga. 387. City of Macon not authorized to tax its 
own bonds : 67 Ga. 489. 

Generally, choses in action taxable at creditor's domicile: 90 Ga. 648. 
Where trustees personally and as tenants in common own choses in action, 
city could only tax pro rata share of those trustees living in city : 90 Ga. 648. 

§777. (802.) Ungranted lands and stock corporations. All lands held ^f^ 851 " 2 ' 
under warrants and certificates, but not granted, are liable to taxa- 
tion, and all moneyed or stock corporations, are liable to taxation. 

§778. Taxes charged against whom. Taxes are to be charged against §§309o, 3992. 
the owner of property if known, and against the specific property 8 ? j^a. 399. 
itself if the owner is not known. Life-tenants, and those who own $$767, 848. 
and enjoy the property, are chargeable with the tax thereon. Hence, 
while the public may treat property as belonging either to the maker 
or the holder of a bond for titles, when the latter is in possession, yet 
as between the parties the one receiving the rents or enjoying the 
use is liable for the tax. 

Where t&xfi.fa. against one as "agent" (for estate of deceased non-resident), 
purchaser thereunder got good title : 51 Ga. 453 ; see also 68 Ga. 585 ; 74/592. 

State and county taxes are not only against the owner, but against the prop- 
erty ; the only concern as to the owner is to know against whom to assess, but 
the tax and lien is against the property : 69 Ga. 194. But see 86 Ga. 602. 

Land to be taxed only against owner, agent, or occupant, unless owner un- 
known : 86 Ga. 600; 90/287. 

Real estate held under city of Savannah on payment of annual ground-rent, 
taxable by city against holder: 87 Ga. 397. 



778 EIGHTH TITLE.— CHAPTER 1, ARTICLE 2. 220 

Persons and property subject to taxation. 

General Note on Municipal Taxation. — Denial, by election, of power to 
issue school bonds, no denial of right to tax for schools under city charter rat- 
ified : 95 Ga. 555, 556. 

Amendment to charter extending limits, new citizens taxable for old city 
debts : 94 Ga. 551. 

Mayor and council cannot delegate to mayor the taxing power conferred on 
it: 62 Ga. 646. 

Under Act of December 11th, 1871, city of Macon could not levy tax on cap- 
ital stock of corporation : 94 Ga. 201. 

Formerly State could by contract restrict its taxing power ; not so as to 
municipality : 83 Ga. 734. 

Whether or not tax necessary for purpose covered by charter, is for taxing 
power, not the courts : 63 Ga. 527. 

Assessments, municipality must follow strictly power to tax by local assess- 
ment : 91 Ga. 50*0. Act of October 16th, 1889, as to assessment by Athens against 
abutting real estate, for sidewalk-paving, etc., not violative of ad valorem 
clause of Constitution ; nor does it deprive owner of property without due proc- 
ess ; nor is it exercise of eminent domain : 85 Ga. 49 ; see also 70 Ga. 817 ; 
75/9 ; 76/186 ; 79/105 ; 86/737. 

Church property subject to assessment for street-paving : 86 Ga. 730 ; but 
see 76 Ga. 188. 

Business taxes, etc., ad valorem tax on property not hinder tax on business 
carried on with same : 94 Ga. 617. Act here authorized special tax on all 
business occupations within city ; one class might be taxed without taxing 
others : 94 Ga. 617. 

As to manner of collecting taxes where two separate occupations carried 
on by same person. Livery-stable and sale-stable not two occupations as 
matter of law : 94 Ga. 617, 618. 

Municipality may classify all subjects of taxation exclusive of property, tax- 
ing or exempting any or all classes ; the rate must be be uniform on each class 
taxed : 84 Ga. 683. 

City having authority to tax businesses, may lay tax on each department 
of general-merchandise store, as different business : 69 Ga. 583 ; see also 42 
Ga. 596. 

One taxable in Savannah as commission merchant and also as agent for steam- 
ship, etc., unless custom made them one business: 70 Ga. 760. As to whether 
running omnibuses to depot is, by custom, part of public stable business, so 
that city can require only one tax : 66 Ga. 31, 36. 

Tax on business may be required of each member of firm : 70 Ga. 761 ; 59/187 ; 
see also 53 Ga. 616. After special tax imposed upon a class of dealers, but 
before time for returning and paying same, rate may be increased: 75 Ga. 36. 

Right of city of Macon to tax businesses ; distinction between tax on prop- 
erty and tax on business carried on with said property : 62 Ga. 645. Tax on 
business measured by gross sales must be uniform as to rate : 62 Ga. 645 ; see 
also 59 Ga. 648; 60/133. 

Tax on private wagon for private use, is tax on property ; such wagon not 
liable to specific tax : 62 Ga. 646. May tax business of drayage according to 
number and capacity of drays employed, and whether employed in general 
business, or only business of owners: 62 Ga. 645, 646; see also 53 Ga. 410. 

Distinction between taxes and licenses, and taxes on property and on busi- 
nesses, considered in connection with the ad valorem and uniformity rules: 50 
Ga. 530. See also cases there cited : 49 Ga. 195. 



221 EIGHTH TITLE.— CHAPTER 1, ARTICLE 3. §§779, 780 

State tax on railroads. 

Tax on sales of itinerant trader is tax on property : 55 Ga. 678 ; so as to tax 
on mules sold in city, of $1.00 per head, void for want of uniformity : 41 Ga. 21. 

See notes to the several sections of this Chapter, and general note following 
section 1833. 



ARTICLE 3. 

STATE TAX ON KAILROADS. 

§779. Rolling-stock taxed. Railroad companies operating railroads ^ ct | 2 i 882 - 3 * 
lying partly in this State and partly in other States shall be taxed ^ 725 ' 784 - 
as to the rolling-stock thereof and other personal property appurte- 
nant thereto, and which is not permanently located in any of the 
States through which said railroads pass, on so much of the whole 
value of rolling-stock and personal property as is proportional to the 
length of the railroad in this State, without regard to the location 
of the head office of such railroad companies. 

Cited: 71 Ga. 31. 

§780. (826a.) President to make returns. The presidents of all the Act | ^ 874 ' 
railroad companies, including street-railroads, dummy railroads, andS^ p ^ 6 - 
electric railroads in this State shall be required to return on oath, 804 - 
annually, to the comptroller-general, the value of the property of 
their respective companies, without deducting their indebtedness ; 
each class or species of property to be separately named and valued, 
so far as the same may be practicable, to be taxed as other property 
of the people of the State; and said returns shall be made under the 
same regulations provided by law for the returns of officers of other 
incorporated companies, which are required by law to be made to the 
comptroller-general: Provided, that the said railroads shall be tax- 
able for city purposes as other property is taxed for city purposes, 
and any law making railroads taxable by counties will be applicable 
to street-railroads of every character. 

What property of Central Railroad Company was taxable by county of Bibb : 
40 Ga. 647. 

What is capital stock and liable to taxation: 8 Ga. 486. Property of the 
Rome Railroad in the city of Rome necessary to conduct its business is part 
of its capital stock, and exempt under its charter from city tax as property: 
14 Ga. 275 ; 62/473. Capital stock exempt by charter, but other property taxed 
as ordinary property : 40 Ga. 646 ; 44/388. What taxes upon the Georgia Rail- 
road and Banking Company are illegal according to the terms of their charter : 
26 Ga. 651. Railroad tax cases : 54 Ga. 401, 408, 423, 430 ; 60/269. 

As to taxes against various portions of Southwestern Railroad and force of 
its charter limitations : 68 Ga. 312 ; see also 70 Ga. 11 ; 64/783. 

Valuation, how ascertained: 68 Ga. 318. 

Western and Atlantic Railroad Company, how taxed ; rate fixed by contract 
with State: 66 Ga. 563. As to Georgia Railroad and Central Railroad, see 62 
Ga. 485 ; 66/566. Such contract irrepealable : 54 Ga. 428, 423. 



§§ 781, 782 EIGHTH TITLE.— CHAPTER 1, ARTICLE 8. 222 

State tax on railroads. 

That some railroads not constitutionally taxable beyond percentage of in- 
come, not hinder taxation of other railroads ad valorem: 87 Ga. 487; see also 
89 Ga. 575. 

Act limiting taxation on per centum of "annual income," means gross in- 
come ; lease not affect basis of taxation : 62 Ga. 468. 

Consolidation of railroad with South Carolina Railroad under new name, new 
corporation, at least de facto, and taxable as other persons : 63 Ga. 483. 

This act exhaustive as to State taxation ; return should specify the several 
sorts of property ; does not exempt property previously taxable : 71 Ga. 25. 

No machinery under Act of 1874 for county taxation, and doubtful if county 
could tax ; provided by Acts of 1882-3, p. 39: 71 Ga. 25. 

City cannot tax railroad property used in its business : 71 Ga. 158 ; see also 
71 Ga. 24. 

Where effect of legislation was to exclude counties and municipalities from 
taxing railroads : 72 Ga. 211 ; see also 78 Ga. 119. 

Under Act of 1883, pp. 39 and 41, depot in city not subject to city or county 
tax : 74 Ga. 16. 

^pfio? 874 ' §^81. (826 b.) The presidents shall pay the taxes assessed. Said pres- 
idents shall pay to the comptroller-general the taxes assessed upon 
the property of said railroad companies; and on failure to make the 
returns required by the preceding section, or on failure to pay the 
taxes so assessed, the comptroller-general shall proceed to enforce the 
collection of the same in the manner provided by law for the en- 
forcement of taxes against the other incorporated companies before 
mentioned. 

A p Ct io7 874 ' §782. (826 c.) Tax, how resisted. If any railroad company affected 
by the preceding sections desires to resist the collection of the tax 
therein provided for, said company through its proper officer may, 
after making the return required in section 780, and after paying 
the tax levied on such corporation by the tax Act and continuing 
to pay the same while the question of its liability herein is undeter- 
mined, resist the collection of the tax above provided for, by filing 
an affidavit of illegality to the execution or other process issued 
by the comptroller-general, stating fully and distinctly the grounds 
of resistance, which shall be returnable to the superior court of 
Fulton county, to be there determined as other illegalities; the same 
to have precedence of all cases in said court as to time of hearing, 
and with the same right of motions for new trial and writs of 
error as in other cases of illegality, in which case the comptroller- 
general shall be represented by the attorney-general of the State, or 
such other attorney as the Governor may select; if the grounds of 
such illegality be not sustained, the comptroller-general shall, after 
crediting the process aforesaid with amount paid, proceed to collect 
the residue due under the provisions aforesaid; and if, at any time 
during the pendency of any litigation herein provided for, the said 
corporation shall fail to pay the tax required to be paid as a condi- 
tion of hearing, then said illegality must be dismissed, and no sec- 



$903 



223 EIGHTH TITLE.— CHAPTER 1, ARTICLE 4. §§ 783-785 

County taxation of railroads. 

ond affidavit of illegality shall be allowed. Said illegality may be 
amended as other affidavits of illegality, and shall always be accom- 
panied by good bond and security for the payment of the tax fi. fa. 
issued by the comptroller-general. 

To be entitled to this remedy, railroad must have made returns before ex- 
ecutions issued : 62 Ga. 463, 468, 485, 495, 510.- 

Case under this section: 70 Ga. 11. 

Attorney-general cannot perform duties of comptroller: 70 Ga. 26. 

Entries of settlement stricken, and fi. fas. ordered to proceed : 70 Ga. 12. 

Jury may assess the property, on trial, under this section : 70 Ga. 12. 

Mode of assessing sections and branches of railroad : 70 Ga. 13. 

Taxpayer availing himself of illegality authorized by statute, must abide 
the statute as to such remedy : 89 Ga. 598. 

§783. (826 c (3).) Railroad companies, how dealt with for not paying A ^%^ 77, 
tax. In the event of refusal by any railroad company to pay the tax ^JIJ'q?? 9 ' 
on account of exemption in the charter of such company, it shall be 
the duty of the attorney-general, when directed by the Governor, to 
institute proceedings to ascertain whether or not the charter of such 
company is liable to forfeiture by reason of any violation of its pro- 
visions, and the result of such proceedings shall be reported to the 
General Assembly. 



ARTICLE 4. 

COUNTY TAXATION OF RAILROADS. 

§784. Railroads to report to comptroller annually. On or before the Act , s 1889 » 
first day of May, each railroad company in this State shall make $»726, 779, 
an annual return to the comptroller-general, for the purposes of 
county taxation in each of the counties through which said road 
runs, in the following manner: Said return shall be under the oath 
of the president or other chief executive officer, and shall show the 
following facts as they existed on the first day of April preceding, 
to wit: first, the aggregate value of the whole property of said rail- 
road company; second, the value of the real estate and track-bed of 
said company; third, the value of the rolling-stock and all other 
personal property of said company; fourth, the value of the com- 
pany's property in each county through which it runs. 

Constitutional : 89 Ga. 574. See 71 Ga. 30. 

§785. Taxed by each county through which it passes. Whenever the Act | 1889 » 
amount of the tax levy of any county through which the said rail- $$ 779 > 726 « 
road runs is assessed by the authority of such county, it shall be the 
duty of the ordinary thereof to certify the same and transmit such 
certificate to the comptroller-general; and the property of such rail- 



786-789 EIGHTH TITLE.— CHAPTER 1, ARTICLE 4. 



224 



County taxation of railroads. 



Acts 1889, 
p. 29. 



Acts 1889, 
p. 29. 



Acts 1889, 
p. 29. 
$903. 



Acts 1889, 

p. 29. 
$903. 



road companies shall be subject to taxation in each county through 
which the same passes, to the same extent and in the same manner 
that all other property is taxed, in the manner hereafter set out. 

§786. Property assessed. Whenever such certificate is received by 
the comptroller-general, he shall proceed to assess the amount of 
each and every railroad company's property, in each and every of 
said counties, in the following manner: First, it shall be assessed 
upon the property located in each county, upon the basis of the value 
given by the returns. Second, the amount of tax to be assessed up- 
on the rolling-stock and other personal property, is as follows: As 
the value of the property located in the particular county is to the 
value of the whole property, real and personal, of the said company, 
such shall be the amount of rolling-stock and other personal property 
to be distributed for taxing purposes to each county. The value of 
the property located in the county and the share of the rolling-stock 
and personal property thus ascertained, and apportioned to each of 
such counties, shall be the amount to be taxed to the extent of the 
assessment in each county. 

§787. Taxes due county paid tax-collector. Whenever the comptrol- 
ler-general shall ascertain and levy in the manner specified the 
amount of tax due by such company to each of such counties, it shall 
be his duty at once to notify the president and treasurer of such 
railroad company of the amount due in each of said counties for 
county taxes of said railroads, and each and every road is required, 
within sixty days from the receipt of such notice, to pay to the tax- 
collector of each county through which the railroad runs the amount 
mentioned by the comptroller-general as the tax due to such county. 

§788. Manner of issuing fi. fas. If any railroad company shall re- 
fuse to pay the amount thus ascertained and due by it to the tax-col- 
lector of any county to which the same is due and payable, it shall 
be the duty of the comptroller-general to issue & fi. fa. in the name 
of the State of Georgia against such railroad company for the same, 
to be issued, levied, and returned in the same manner as tax fi. fas. 
are issued for State taxes due in the State by said companies. 

§789. Affidavit of illegality . If any railroad company shall dispute 
the liability to such county tax, it may be done by an affidavit of 
illegality, to be made by the president of said railroad in the same 
manner as other affidavits of illegality are made, and shall be re- 
turned for trial to the superior court of the county of Fulton, where 
such cases shall be given precedence for trial over all other cases, 
except tax cases in which the State shall be a party. 

General Note. — This act considered and construed in detail and held con- 
stitutional: 89 Ga. 574; see also 89 Ga. 597. 



225 EIGHTH TITLE.— CHAPTER 1, ARTICLE 5. §§790-795 

Special tax for liquor-dealers, etc. 



ARTICLE 5. 

SPECIAL TAX FOR LIQUOR-DEALERS, ETC. 

§790. (809 a.) Special tax on liquor-dealers, and its collection. The Acts I880-1, 
general tax Act provides for levying a specific tax upon all dealers 
of spirituous or malt liquors, and intoxicating bitters, whether 
dealing in either or all thereof, for each place of business in each 
county where the same are sold, and the collection of such tax is 
provided for in the sections following. 

§791. (809 b.) Liquor-dealers shall register . Annually, each person Acts isso-i, 
or firm desiring to engage in the sale of spirituous or malt liquors or 1882-3, p. 55. 
intoxicating bitters, or in either or all of them, in this State, shall, 
before they commence the sale of such spirituous or malt liquors or 
intoxicating bitters, go before the ordinary of the county in which 
he or they propose to sell said spirituous or malt liquors, or intoxi- 
cating bitters, and register his or their names as such dealer. 

Registration, etc., not authorize sales in Atlanta, without license from county 
commissioners : 77 Ga. 663. 

§792. (809 c.) Ordinary shall give notice of registration. As soon as A p c ^ 2 1880 * 1 ' 
the dealer has registered, the ordinary shall notify the comptroller- 
general, and the tax-collector of his county, of the fact that such 
person, or the members of such firm, have registered as a dealer in 
spirituous or malt liquors, or intoxicating bitters. 

§793. (809 d.) Comptroller shall keep register. The comptroller- A p ct f 2 | 880 " 1 ' 
general shall keep in his office a book, to be known and styled as a 
"Register of liquor-dealers," and it shall be his duty, when notified 
by the ordinary of a person or the members of such firm registering 
for the purpose of engaging in the sale of spirituous or malt liquors, 
or intoxicating bitters, to enter the name of such person or the 
members of such firm in said book, in places set aside in said book 
of registry, for each county in this State. 

§794. (809 e.) Tax-collector's duty. The tax-collector, as soon as^ 5 ^ 880 " 1 ' 
he is notified of the registering of a person or the members of a firm 
as a dealer in spirituous or malt liquors, or intoxicating bitters, 
shall enter the name of said person, or the members of such a firm, 
in a book to be known as a county register of liquor-dealers, said 
book to be furnished the tax-collector. 

§795. (809 f.) Dealer shall pay tax upon registration. Whenever a A p ct J 2 ^ 880 " 1 ' 
person or members of a firm register, such person or members of 
such firm shall pay to the tax-collector of the county where such 
registry is made, the entire amount of the tax imposed for that year 
by the General Assembly in the general tax Act, before commencing 
to do the business for which he or they registered. 
15 



796-800 EIGHTH TITLE.— CHAPTER 1, ARTICLE 5. 226 



Special tax for liquor-dealers, etc. 



Acts^o-i, §796. (809 g.) Penalty for failure to register and pay tax. Where a 
person or members of a firm register as a dealer in spirituous or 
malt liquors, or intoxicating bitters, and fail or refuse to pay the 
tax, or where a person or members of a firm commence to sell spir- 
ituous or malt liquors, or intoxicating bitters, without complying 
with the requirements of section 791, such person or members of 
such firm shall be guilty of a misdemeanor, and it shall be the duty 
of the tax-collector to give information against such person, or 
members of such firm so violating the provisions of the preceding 
sections, to the solicitor-general of the circuit in which his county 
is located, and it shall be the duty of the solicitor-general to draw 
up a bill of indictment against such person or members of such firm, 
and when there is a true bill found by the grand jury, he shall pros- 
ecute such person or members of such firm so indicted. 

ActsU88o-i, g797. (809 h.) Liability of tax-collector who fails to inform. When- 
ever a tax-collector fails or refuses to give the solicitor-general the 
information, it shall be the duty of the Governor, upon proper proof 
being made before him of such failure or refusal by the tax-collector 
to give information to the solicitor-general, to order the comptroller- 
general to issue fi. fa. against such tax-collector and his bondsmen 
for the amount of the tax which is due by the offender who has vio- 
lated the provisions of the preceding sections as aforesaid, and 
against whom the tax-collector has failed or refused to inform. 

^ ct | 3 ^ 880 " 1 ' §798. (809 i.) Comptroller to furnish register, etc. The comptroller- 
general shall furnish each ordinary and tax-collector with a book, 
upon which they shall enter the name of each person or members of 
a firm registering as a dealer in spirituous or malt liquors, or intox- 
icating bitters. In the case of the ordinary, it shall be his duty in 
registering the same to give the name, place of business, and when 
registered. In case of the tax-collector, it shall be his duty to enter 
the name of the person or members of a firm registered with the or- 
dinary, date when notified by the ordinary, date of when tax was 
paid him, amount of tax paid, and date of remitting same to the 
treasurer of the State. 

Act | 3 1880 " 1 ' §799. (809 j.) Collectors shall report tax and remit same. The tax- 
collector shall make quarterly reports of the amounts collected from 
dealers in spirituous or malt liquors, or intoxicating bitters, to the 
comptroller-general, under oath to be administered by any duly 
qualified officer, and it shall be the duty of the tax-collectors to remit 
to the treasurer of the State the amounts of their collections, less 
commissions, at the time of forwarding their quarterly reports to the 
comptroller-general . 

Acts^i88o-i, §800. (809 k.) Fees of ordinary and collector. The commission to 
be allowed to the tax-collectors for collecting these special taxes 



227 EIGHTH TITLE.— CHAPTER 1, ARTICLE 5. §§801-803 

Special tax for liquor-dealers, etc. 

shall be the same percentage as is now allowed them for collecting 
the general tax in their respective counties, upon the amount col- 
lected; and the fee to be allowed the ordinary for registering the 
name of the dealer in spirituous or malt liquors, or intoxicating bit- 
ters, shall be the same as now allowed for recording an official bond : 
Provided, said fee is paid by the party registering. 

§801. (809 m.) Inspection of registry by grand jury. It shall be the Acts^isso-i, 
duty of the ordinary and tax-collector to lay before the grand juries 
of their respective counties, at the fall term of each meeting of their 
superior courts, the books of registry kept by each of them, and it 
shall be the duty of the grand jury to inspect said registers and com- 
pare one with the other, and having made such inspection, if any 
discrepancies are found in said books, or if they find there are any 
dealers in spirituous or malt liquors, or intoxicating bitters, doing 
business in their county, not reported or registered on such books, it 
shall be their duty to report such discrepancy to the comptroller- 
general, and it shall be his duty, if the discrepancy is found to be in 
favor of the State, to issue fi. fa. against said collector for the 
amount so reported by the grand jury as being due the State, and 
if a person, or the member or members of a firm engaged in this sale 
of spirituous or malt liquors, or intoxicating bitters, have failed to 
register, or having registered have failed to pay, it shall be their 
duty to indict such persons. 

§802. (811.) License, when necessary. No assessment or payment 
of tax is to exonerate the person from taking out a license from the 
county, or city or incorporated town, where they are required by law 
so to do. 

Where a physician is licensed by authority of the State, the city of Savan- 
nah cannot require him under penalty to take out license before he can prac- 
tice his profession. But the practice of his profession in that city is the sub- 
ject of taxation : 36 Ga. 460. See also note to section 1538. A license tax by a 
city on a foreign insurance company with an agency in the city: 50 Ga. 537. 

Suit against city, alleging unlawful revocation of liquor license, should spec- 
ify how act was unlawful : 89 Ga. 781. 

§803. (810.) Billiard-tables, etc. Where persons are specifically 
taxed for keeping a billiard or pool table, bagatelle-table or tenpin- 
alley, they need not give in the value thereof. 



^§804-807 EIGHTH TITLE.— CHAP. 2, ART. 1, SECS. 1, 2. 228 

Taxes, how returned and collected; returns to comptroller-general ; payment made. Arbitration, etc. 

CHAPTER 2. 

TAXES, HOW RETURNED AND COLLECTED. 



ARTICLE 1. 

RETURNS TO COMPTROLLER-GENERAL, 



SECTION 1. 

RETURNS AND PAYMENT, HOW MADE. 

$$874,779- 8804. (832.) Returns to comptroller, how made. The returns of all 

789. . . 

companies, or persons, required to be made to the comptroller-gen- 
eral, must be in writing 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 company is subject to taxation by the laws of this State. 
§805. (826.) Returns and taxes, etc. The returns of all railroad 
and insurance and express companies, and agents of foreign compa- 
nies, authorized in this State, shall be made to the comptroller-gen- 
eral by the first day of May in each year, and the taxes thereof paid 
to the State treasurer by the first day of October, and not later than 
December twentieth, of each year. 

Cited : 87 Ga. 490. 

Right to tax railroads reserved to State ; city ordinance attempting to im- 
pose such tax, invalid: 78 Ga. 119. 
See notes to section 780. 

$773. §806. (833.) Payments, how made. Such payments must be made 

in the funds in which taxes may be paid at the State treasury, free 
of any expense to the State. 



SECTION 2. 

ARBITRATION OF DIFFERENCES. 

Act i66 878 " 9 ' §807. (833a.) Differences arbitrated, how. Whenever the comp- 
troller-general shall be dissatisfied with a return for taxation required 
by law to be made to him by any corporation, company, person, or 
institution, and shall make an assessment which is not satisfactory 
to the officer or person making such return, and two arbitrators are 
chosen, one by the comptroller-general and the other by said officer 



229 EIGHTH TITLE.— CHAP. 2, ART. 1, SEC. 3. §§808-811 

Returns of insurance companies. 

or person, if said arbitrators fail to select an umpire within thirty 
days after receiving notice of their appointment, the Governor shall 
appoint two arbitrators, who with the arbitrator selected by said 
officer or person representing the corporation, company or institu- 
tion, shall determine the question of amount or value, as the case 
may be, and their award shall be final. 

Applies to taxes accruing after date of this Act : 70 Ga. 13. 

§808. Arbitration to assess tax against railroad, express, sleeping-car, A.cts 1894, 
and telegraph companies. In all cases of disagreement between the $812. 
comptroller-general and any railroad or express company, sleeping-car 
companies, and telegraph companies owning property in this State, 
as to the taxable value of their said property, where said differences 
are referred to arbitration, the comptroller-general shall appoint any 
one of the railroad commissioners to act as arbitrator for the State, 
in each case, and it shall be the duty of said railroad commissioner, 
when thus appointed, to perform the duty of arbitrator without any 
additional compensation. 



SECTION 3. 

RETURNS OF INSURANCE COMPANIES. 

§809. (875c.) Insurance companies to give names of agents. Insur- Acts lssa-i, 
ance companies doing business in this State, in making their returns p ' 
to the comptroller-general for purposes of taxation, shall give the 
name of each agent acting for such company, and post-office ad- 
dress of same; the aggregate amount of risks underwritten in this 
State during the tax year; the amount of premiums received, and 
the losses paid and unpaid by agencies. 

§810. (875 d.) President makes return. The returns provided f or Acts I880-1, 
in the preceding section shall be made by the president, or some 
other duly authorized officer of the company duly sworn to, and 
shall be forwarded to the comptroller-general on or before July first, 
of each year, and at the time of making such return, the amount of 
tax due by said company upon premium receipts, or otherwise, shall 
be forwarded to the treasurer. 

§811. (875 e.) Returns, shall embrace what. Returns hereinbefore re- Acts wao-i, 
. x p. 47. 

quired to be made to the comptroller-general shall embrace a period 
of time commencing with May first, and ending with April thirtieth, 
next preceding the date of the return made, and companies making 
the same must notify the comptroller-general of the officer or attorney 
in this State against whom legal process shall issue in case it becomes 
necessary for the comptroller to issue fi. fa. against said companies 



§§812, 818 EIGHTH TITLE.— CHAP. 2, ART. 1, SECS. 4, 5. 230 

Returns to comptroller, assessments in case of difference. Proceedings in case no returns, collection, etc. 

for any violation of the laws in this State governing insurance com- 
panies, or for the non-payment of taxes due by them. 



SECTION 4. 

RETURNS TO COMPTROLLER, ASSESSMENTS IN CASE OF DIFFERENCE. 

^lsi 877 ' §812. (826 d.) Returns to comptroller must be itemized. Whenever 
$808. corporations, companies, persons, agencies, or institutions, are re- 

quired by law to make returns of property, or gross receipts, or busi- 
ness, or income, gross, annual, net, or any other kind, or any other 
return, to the comptroller-general, for taxation, such return shall 
contain an itemized statement of property, each class or species to 
be separately named and valued, or an itemized account of gross 
receipts, or business, or income, as above defined, or other matters 
required to be returned, and in case of net income only, an itemized 
account of gross receipts and expenditures, to show how the income 
returned is ascertained, and such returns shall be carefully scruti- 
nized by the comptroller-general, and if in his judgment the property 
embraced therein is returned below its value, he shall assess the 
value, within sixty days thereafter, from any information he can ob- 
tain, and if he shall find a return of gross receipts, or business, or 
income, as above defined, or other matters required to be returned as 
aforesaid, below the true amount, or false in any particular, or in 
anywise contrary to law, he shall correct the same and assess the true 
amount, from the best information at his command, within sixty 
days. In all cases of assessment, or of correction of returns, as 
herein provided, the officer or person making such returns shall re- 
ceive notice and shall have the privilege, within twenty days after 
such notice, to refer the question of true value or amount, as the 
case may be, to arbitrators — one chosen by himself, and one chosen 
by the comptroller-general — with power to choose an umpire in case 
of disagreement, and their award shall be final. 

Applies to taxes accruing after February 22d, 1877: 70 Ga. 13. 



SECTION 5. 

PROCEEDINGS IN CASE OF NO RETURNS; COLLECTION BY COMPTROLLER. 

Act i27 877 ' §813. (826 e.) When no return, comptroller to assess. In cases of 
failure to make return, the comptroller-general shall make an as- 
sessment from the best information he can procure, which assess- 



231 EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 1. §§814-818 

Returns to receiver of tax returns; what to be returned. 

merit shall be conclusive upon said corporations, companies, persons, 
agencies, or institutions. 

Mode of assessing sections and branches of railroad : 70 Ga. 13. 

§814. (826 f.) Collection of tax, how enforced. In all cases of de- A i !t f 2 1 7 877 ' 
fault of payment of taxes upon returns or assessments, the comp-^ 7 ' 874, 
troller-general shall enforce collections in the manner now provided 
by law. 

§815. (826 g.) Usual penalties still of force. Nothing in the three Aet ^ 877 ' 
preceding sections shall alter or affect the penalties now provided by ^fi^'m? 9 ' 
law against defaulting or delinquent corporations, companies, per- n - 
sons, or institutions referred to therein, or to alter or affect the mode 
of enforcement of such penalties now provided by law. 

Cited: 72 Ga. 211. 

Taxes do not bear interest, but are enforced by penalties: 70 Ga. 13; see 
also section 887. 



ARTICLE 2. 

RETURNS TO RECEIVER OF TAX RETURNS. 



SECTION 1. 

WHAT TO BE RETURNED. 

§816. (828.) Returns of mining companies, etc. Mining companies Actsi855-e, 
must make their returns in the county where the mine is worked, § 768 - 
and those who have plantations in counties not their residence must 
make the returns for them together with the stock and other prop- 
erty employed thereon, in the counties where they are respectively 
situated. 

§817. (829.) Mine or plantation on county line. If there is a mine ^fg 1880 " 1 ' 
or plantation on the line between two counties, and in two or more 
counties, the returns shall be made in the county where the im- 
provements or most of the improvements are. But any plantation 
whereon the owner resides which shall be divided by a county line 
or lines, and said county line or lines shall not be definitely ascer- 
tained and distinctly marked, shall be returned for taxation by the 
owner in any of the counties in which a part of said plantation may 
lie, which the owner may elect. 

Meaning of "plantation" discussed and defined: 79 Ga. 721. 

§818. (830.) Non-residents included. The provisions of the two^ 766,776 - 
preceding sections apply to non-residents who hold such property 
in this State. 



§§819-821 EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 2. 232 

Wild lands and notice to non-residents. 

^Cob^iOTS §819. (831.) Returns of non-residents, etc. Lands and other prop- 
S 9 ' 776 ' er ^y °f non-residents must be returned and paid for in the county 

where the lands or other property are respectively situated. 
ActsW2, §820. (873.) Taxable lands, how and when returned. All lands in 
this State subject to taxation, whether improved or unimproved, 
shall be returned by the person or persons owning the same, his, her 
or their agent or attorney, to the receiver of the county where the 
land lies. And it shall be the duty of the receiver to require all per- 
sons making returns of lands in his county, to return the same by 
district, number and section, if the lands have such designation, and 
when lands have no such designation, then by such description as 
will enable the receivers to identify them. Receivers are prohibited 
from receiving any returns of land which do not so designate them. 
And the comptroller-general is prohibited from allowing any receiver 
compensation or percentage for his services, who receives returns in 
any other manner. 

Sale under t&xfi.fa. where land improperly described : 80 Ga. 73. 

Wild lands returned to tax-receiver and tax paid to collector, sale by comp- 
troller-general void : 76 Ga. 739. 

Where tract of land did not constitute a "plantation" within meaning of sec- 
tion 817, but should have been returned under general law, to wit, this sec- 
tion : 79 Ga. 721. 

Under Act of 1874 (pamph. pp. 105, 107), comptroller-general could issue 
tax execution only against unimproved land. Sale under execution against 
cultivated land was void : 73 Ga. 95 ; see also 65 Ga. 219. 



SECTION 2. 

WILD LANDS AND NOTICE TO NON-RESIDENTS. 

Acts 1880-1, §821. (874 b.) Wild land returned, how, and subject to double tax, 
i8S2--3,-pA7. w hen. Any wild lands not given in for taxes in the county in which 
they may be, shall be subject to double tax, as other property, and it 
shall be the duty of the receiver of tax returns, when taxes are not 
paid in the time provided by law, to issue executions against said wild 
land, and after due advertisement, as now prescribed by law, to sell 
said lands for payment of taxes; the tax-collector, upon receipt by 
him of any return of lands, shall transmit immediately his receipt 
for such return to the person making the same: Provided, that the 
owner of any wild lots or tracts of land through which county lines 
may run, shall be allowed to return said lots or tracts of land in 
...either county containing any portion of said lots or tracts of land. 

This, and section 910 refer to unreturned wild lands ; returned wild lands 
governed by section 909, and are redeemable only within a year: 81 Ga. 653. 



EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 3. §§ 822-828 

Returns, when and to whom made; duty of receiver of returns. 

§822. Owners to be notified of returns received. The receiver of tax A p ct f 5 1881 ' 
returns shall notify non-residents or their agents of the receipt of S^~ 3, p * 45, 
their returns immediately upon the receipt of the same by them, 
and the tax-collectors, as soon as the digests are turned over to them, 
and the rate of tax levied, shall notify non-residents or their agents 
of the amount of tax due by them. 

§823. Penalty If any person shall suffer injury by the failure of 
the tax-collectors to do their duty as prescribed in the preceding sec- 
tion, the officer so offending shall be liable on his bond to the party 
so damaged for the full damage sustained by the owner of said 
land, including all costs and expenses of redeeming or recovering his 
land or the value of the land not redeemed or recovered. 

§824. Notice by mail. Notice forwarded by due course of mail 
shall be held and deemed a sufficient compliance with the require- 
ments of this Article by the receiver and collector. 

§825. Expense refunded. The receiver and collector shall be allowed 
and paid their respective accounts annually incurred for postage in 
carrying out the requirements of this Article, upon a sworn account 
properly audited by the officer or officers having charge of the county 
finances. 



SECTION 3. 

EETURNS, WHEN AND TO WHOM MADE; DUTY OF RECEIVER OF RETURNS. 

§826. (827.) Returns, to ivhom made. All other companies or per- 
sons taxed shall make their returns to the receiver of the respective 
counties where the persons reside or the office of the company is 
located, except in cases of mining companies and of persons who 
cultivate lands in counties not their residence. 

§827. (834.) Other returns, how made. Returns of companies and 
individuals may be made by themselves or agents to the proper tax- 
receiver, by the first day of July in each year, for property held and 
subject to taxation on the first day of April previously ; and pay- 
ments to the tax-collector by the first day of October and not later 
than the twentieth day of December in each year. 

Formerly the first of January was the time: 8 Ga. 479. Section cited, and 
the first of April fixes the liability to tax for the current year : 51 Ga. 252-254. 
An export on the first of April, 1875, exempt from taxation : 60 Ga. 63-66. 

Irregularities in returning municipal taxes are waived by defendant in ft. 
fa., pointing out property to be levied on : 80 Ga. 55. 

§828. (921.) Negligence of receiver, etc. It shall not be an excuse to 
any person for not making a return of his taxes as the law requires, 
that the receiver should fail to advertise or fill his appointments. 



§§829-838 EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 4. 234 

Form of tax returns. 

§829. (923.) One whose return has been refused, etc. The person 
whose return is refused may save a double tax by making his return 
to the ordinary, together with an affidavit in writing that he ten- 
dered said return to the receiver, stating the time when, place 
where, and persons present, and that it was refused. 

§830. (925.) What is no refusal. The claim of the receiver to as- 
sess a taxpayer's property is not a refusal to receive a return. 

^ c *f 5 * 876, §831. (923 a.) Names to be taken in full. Receivers of tax returns in 
the various counties of this State shall enter on their digests the 
first name in full of all taxpayers. 

aa\»\9m, §832. Names of colored persons shall be entered alphabetically , etc. 
The tax-receivers shall place the names of the colored taxpayers, 
in each militia district of the county, upon the tax digest in alpha- 
betical order. Names of colored and white taxpayers shall be 
made out separately on the tax digest. 



SECTION 4 

FORM OF TAX RETURNS. 

Acts g i884-5, §833. Questions for taxpayers. For the purpose of having a full 
1886, p. 24. an( j correct return of the real and personal property of this State, it 
shall be the duty of the receiver of tax returns to present a list to 
each taxpayer, which shall contain the following : 

Are you subject to poll-tax? 

Are you a daguerrean or other artist? 

Are you a lawyer? 

Are you a doctor? 

Are you a dentist? 

How many hands are employed by you between the ages of twelve 
and sixty-five years? 

How many acres of land, except wild lands, do you own, or of how 
many are' you the holder, either as parent, husband, trustee, execu- 
tor, administrator, or agent? Where is the same located by number 
and section? What is the value thereof? 

How many acres of wild land do you own or represent in this 
county, by number, district, and section? What is the value thereof? 

What is the value of your improved city or town property, includ- 
ing the improvements thereon? 

What is the value of your unimproved city or town property? 
How many shares in the bank of which you are president, and 
what is the value thereof? 



235 EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 4. §833 

Form of tax returns. 

How much capital have you in the bank of which you are presi- 
dent, as a sinking fund, or surplus fund, and not represented in the 
value of the shares? 

How much property, real and personal, does the bank of which 
you are president own, not used in the banking business, and what 
is the value thereof? 

How much money or capital has the building association or the 
building and loan association of which you are the president, in 
loans? 

How much money on hand? 

What is the gross value of your notes, accounts, or other obliga- A p ct | 8 1884 " 5, 
tions for money, and the market value thereof — whether the same 1886 ' p - 2i - 
are within or without this State? 

What is the value of your turpentine-stills and appurtenances? 

What is the value of your leases or leased privileges or other assets 
of like character? 

The value of your merchandise of all kinds on hand? 

The amount of capital invested in shipping and tonnage? 

The amount of capital invested in stocks of companies other than 
such companies as are required to be returned by the presidents or 
their agents to the comptroller-general? 

How much capital invested in bonds,' except bonds of the United 
States and such bonds of this State as are by law exempt from tax- 
ation? 

How much capital has the manufacturing company of which you 
are president, or agent, invested in the manufacture of woolen or 
cotton fabrics, including lands, and what is the value of your stock 
on hand, and what is your surplus fund? 

How much capital have you invested in iron-works, foundries, and 
machine-shops, including machinery and land? 

How much capital have you invested in mining, including lands, 
and what is your surplus fund? 

What is the value of your household furniture including your 
tableware? 

What is the value of your kitchen furniture? 

What is the value of your office furniture? 

What is the value of your pianos, organs, and other musical in- 
struments? 

What is the value of your sewing-machines? 

The value of your gold watches? 

The value of your silver watches? 

The value of your watches made from material other than gold or 
silver? 

The value of gold and silver ware? 



§834 EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 5. 236 



Oath of taxpayer. 



The value of diamonds and jewelry worn by owner or not? 

The value of horses? 

The value of mules and asses? 

The value of cattle? 

The value of sheep? 

The value of goats? 

The value of hogs? 

The value of carriages, wagons, and buggies? 

The value of agricultural tools, implements, and machinery? 

The value of your library, pictures, paintings, and statuary? 

The value of cotton, corn, and other farm products on hand and 
for sale? 

Value of guns, pistols, bowie-knives, and such articles? 

The value of portable sawmills, gins, engines, and other ma- 
chinery, or of such or other machinery, stationary or otherwise, and 
not returned as part of the realty? 

The value of all other property not herein mentioned? 



SECTION 5. 

OATH OF TAXPAYER. 

Acts 1884-5, §834. Oath of taxpayers. The oath to be attached to the lists pro- 
1886, p. 24. vided for in this Chapter shall be as follows: "I do solemnly swear 
that I have carefully read (or have heard read) and have duly con- 
sidered the questions propounded in the foregoing tax-list, and that 
the value placed by me on the property returned, as shown by said 
list, is at the true market value thereof; and I further swear that I 
returned, for the purposes of being taxed thereon, every species of 
property that I own in my own right, or have control of, either as 
agent, executor, administrator, or otherwise; and that in making said 
return, for the purpose of being taxed thereon, I have not attempted, 
either by transferring my property to another or by any other means, 
sought to evade the laws governing taxation in this State. I do fur- 
ther swear that in making said return I have done so by estimating 
the true worth and value of every species of property contained 
therein." Which oath shall be subscribed by the persons making 
S 822 - the return, and the administration and taking of the oath shall be 

attested by the receiver of tax returns; but the oath of non-residents, 
females, and sick persons may be taken and subscribed before any 
person authorized to administer an oath, and forwarded to the re- 
ceiver. 



237 EIGHTH TITLE.— CHAP. 2, ART. 2, SECS. 6, 7. §§835-839 

Blanks, lists, and digests. Assessment or arbitration in case of insufficient return. 

SECTION 6. 

BLANKS, LISTS, AND DIGESTS. 

§835. Lists furnished to tax-receivers. It shall be the duty of the ^ ct f 8 1884 " 5, 
comptroller-general to have the lists provided for in this Article 1886, p * 24 - 
printed with the oath required by preceding sections attached 
thereto, and at the time of forwarding the digests to the receivers of 
tax returns, he shall forward to each receiver of tax returns a suf- 
ficient number of such lists to enable them to take the returns of the 
taxpayers of their respective counties; the lists furnished by the 
comptroller-general, as above provided, shall be so arranged as to 
make the items in the same correspond as nearly as practicable with 
the items on the digests as furnished to the receivers of tax returns. 

§836. (846.) Comptroller to furnish receivers blank forms. The re- ^t !845, 
ceivers of tax returns in making the digests shall conform to the 
forms furnished and shall make out three digests, and each digest 
shall be of uniform size, and when returned shall be bound and la- 
beled. 

§837. (848.) Returns, how entered in digests. Land and interest in ^ ct | 9 o 851 " 2 ' 
land, together with the returns of personal estate and other interests 
the subject of taxation, must be returned and set down in the digest 
in separate columns according to the classification furnished the re- 
ceivers by the comptroller-general in each year, and their aggregate 
value carried out. 

§838. (849.) Number of digests, to whom furnished. The receiver Actsi85i-2, 
must make out three of such digests in a fair and legible handwrit- 
ing, and furnish, by the first day of August in each year, one to 
the comptroller-general, one to the ordinary, and one to the tax-col- 
lector. 

Section cited and the digests are evidence on the trial of an issue as to the 
payment of taxes : 47 Ga. 90. 



SECTION 7. 

ASSESSMENT OR ARBITRATION IN CASE OF INSUFFICIENT RETURN. 

§839. (839.) In case of false return, tax-receiver to assess value. Act ^ 58 ' 

Each return shall be scrutinized carefully by the tax-receiver, and if ^ 7 » 812 ' 

in his judgment he shall find the property embraced in the return, 

or any portion of it, returned below its value, he shall assess the 

value at once or within thirty days thereafter. 

Does this apply to returns made to the comptroller-general? 70 Ga. 13. 
Tax -receiver dissatisfied with return should assess property within thirty 
days : 92 Ga. 715. 



§§840-844 EIGHTH TITLE.— CHAP 2, ART. 2, SEC. 8. 238 

Overpayment and mistakes, how corrected. 

Act io3 858 ' §840. (840.) Subsequent proceedings. If such assessment is not 
$ 879 - made by the receiver instanter, he shall give the taxpayer notice of 

his assessment, and in either case it shall be the taxpayer's privi- 
lege 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 shall fix 
the assessment. 

It is here assumed that the Act of 1804 is still in force in reference to one 
neglecting or refusing to give in his taxable property, or convicted of fraud or 
making a false return, being liable to a penalty one-half to the informer: 20 
Ga. 585. That a part of the eighth section of the Act of 1804 in reference to 
paying clerks of the inferior court a fine of $10.00, is repealed : 28 Ga. 85. 

Does this apply to returns made to the comptroller-general? 70 Ga. 13. 

Assessors may fix valuation higher even than receiver himself did. Tax- 
payer having invoked this section cannot attack its constitutionality. Notice 
of time and place of meeting, and opportunity to be heard, not required, stat- 
ute contemplating that assessors act, not on evidence, but on their personal 
knowledge and opinion : 90 Ga. 148. 

$$874,879. §841. (841.) Property returned below its value. It is the privilege of 
any taxpayer of the county where a return is made to complain to 
the receiver at any time before his digest is completed that any re- 
turn 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 writing, giving him the name of complainant and the 
ground of complaint, and shall proceed to have a new assessment in 
the terms of the preceding section. 

^p.^o! 859 ' §842. (842.) Oath of assessors. Whenever such assessors are called 
in, they shall take an oath before the receiver to do justice between 
the parties at variance touching the true assessment of the tax re- 
turn. 



SECTION 8. 

OVERPAYMENT AND MISTAKES, HOW CORRECTED. 

^obbfio77. §843. (850.) Mistakes, how corrected. If a receiver makes a mis- 

$ 3723. 68 ' take in his digest, it is the duty of the comptroller-general, with the 

sanction of the Governor, to correct such mistake by making the 

necessary entries in the digest furnished the comptroller, and must 

in writing notify the ordinary and the tax-collector of the county 

from which such digest comes, of such mistake and correction. 

^obb 4 io78 §844. (851.) Tax overpaid to be refunded when in the treasury. If 

$$303,3723. D y reason of such mistake, or from any other cause, a taxpayer's 

money is in the treasury for a greater amount than he is liable for, 

of which such officer is clearly satisfied, he may certify the same to 



239 • EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 9. §§845-848 

Double tax, when collected. 

the Governor, who shall, if he approves, draw his warrant on the 
treasury in favor of such taxpayer for the proper amount, out of 
any moneys not otherwise appropriated. 

Money paid for license voluntarily, though in good faith, and license ille- 
gally issued, not recovered back: 85 Ga. 468. 

§845. (852.) And before reaching the treasury. If such mistake is ^J 5 ^ 855 " 6 ' 
ascertained before the tax-collector has paid the amount into the* 3723 - 
treasury, the comptroller-general, with the sanction of the Gov- 
ernor, shall authorize such collector to refund the amount, or if he 
has not collected it, to order him to desist. 

§846. (853.) Doubtful cases. When any similar cases arise which A p ct f 7 5 855 " 6 ' 
are doubtful in the opinion of the Governor, he shall refer the mat- 
ter to the General Assembly. 



SECTION 9. 

DOUBLE TAX, WHEN COLLECTED. 

§847. (854.) Defaulters to be doubly taxed. If a person fails to make ^obb 1 ?^ 
a return, in whole or in part, or fails to affix a value to his prop- ^o b 184 i5 76 
erty, it is the duty of the receiver to make the valuation and assess ^^fas 
the taxation thereon, and in all other respects to make the return Act | 9 J 851 " 2 ' 
for the defaulting person from the best information he can obtain, il?|" 4, P 2o 9 " 
and having done so, he shall double the tax in the last column of 
the digest against such defaulters, after having placed the proper 
market value or specific return in the proper column; and for every 
year's default the defaulter shall be taxed double until a return is 
made. 

Taxes do not bear interest unless so provided : 70 Ga. 13. 
Where machinery for making return is not provided, double tax is inequi- 
table, and should be enjoined : 71 Ga. 25. 

§848. (855.) Property not returned to be doubly taxed. If there is$ 874 - 
taxable property, real or personal, in a county, that to the satisfac- 
tion of the receiver, when he comes to conclude his digest, is not re- 
turned 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. 

Section cited : 51 Ga. 454, 455 ; see also 68 Ga. 585. Cited : 71 Ga. 814. 



849-853 EIGHTH TITLE.— CHAP. 2, ART. 2, SEC. 10. 240 



Relief from double tax. 



SECTION 10. 

RELIEF FROM DOUBLE TAX. 

§849. (856.) When defaulters not liable for double tax. If persons 
who are required to give in land in the counties where situated fail 
so to do, they shall be liable only for the real tax assessed by the 
receiver, unless they fail to pay the amount by the time required; in 
which event the collector shall collect the double tax and issue proc- 
ess therefor. 

Acts i860, §850. (843.) Defaulting taxpayer, how relieved. When a taxpayer 
has been returned as a defaulter and doubly taxed, either by the 
receiver or collector, the ordinary is authorized to relieve the de- 
faulter of the penalty for default at the time said ordinary allows 
the collector his insolvent lists: Provided, that said taxpayer shows 
to such ordinary, by satisfactory evidence, that either from providen- 
tial or other good cause he had not an opportunity to make his re- 
turns 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. 

^\Jb°io5i §851. (844.) Defaulters, how relieved from double tax. All default- 
ers may at any time, and for the same causes, before the digest is 
made up and ready to be sent to the comptroller, save the double 
tax by likewise giving in to the ordinary 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. 

§852. (845.) Defaulter's oath. The ordinary, shall require the 
taxpayer to swear to the cause of his delay, and shall state the 
same in the copies furnished the comptroller or receiver. 

^?obb 1 io62 §853. (885.) Persons wrongly judged as defaulters, how relieved. 
When a person shall have lawfully returned and paid his taxes in 
one county, and is treated as a defaulter in another for the same 
tax or any portion thereof, the grand jury or the ordinary of the 
county claiming the tax may discharge said defaulter, which will 
exempt him from liability for it, and shall authorize the comptrol- 
ler to credit the collector for the same, and the Governor to draw 
his warrant therefor. 



Sheriff collecting money from defaulter must at once pay it to comptroller- 
general : 83 Ga. 38. No law for judicial trial of claim thereto : 83 Ga. 38 ; cit- 
ing 58 Ga. 106. 



241 EIGHTH TITLE. —CHAP. 2, ART. 2, SECS. 11, 12, 13, 14. §§854-857 

Liability of agents of non-residents. For former years. When estates not double-taxed. Third parties, etc. 

SECTION 11. 

LIABILITY OF AGENTS OF NON-RESIDENTS. 

§854. (857.) Agents of non-residents. All persons who give in ^bb°io47 
property for persons not resident in the State shall be personally § 881 - 
liable for the taxes, as well as the principal and his property. 

Section cited and construed : 51 Ga. 455; see also 68 Ga. 585. Cited : 71 Ga. 
814; 86/601. 

Notice of levy for municipal taxes should have been given agent of non- 
resident owner here : 77 Ga. 772. 



SECTION 12. 

TAXES OF FORMER YEARS. 

§855. (870.) Taxes for former years, how returned and collected. Re- ^coVb^ioeo. 
ceivers and collectors are required to receive the returns and to col- ^ 883, 2/87, 
lect the taxes thereon for former years, when any person is in 
default, which taxes shall be assessed according to the law in force 
at the time the default occurred, and shall be so specified in the 
digest. 

As to taxes due under the relief law: 43 Ga. 538-547. Overruled by: 16 
Wall. (U. S.)315. 



SECTION 13. 

ESTATES NOT LIABLE FOR DOUBLE TAX, WHEN. 

8856. (871.) Estate not liable to default, when. The estate of anyActi848, 

v ' . J Cobb,1057. 

person shall not be liable for default when said person may have 
died before the time expired for giving in taxes for the year, and the 
representatives or any heir may give in the same, and in any event, 
for that year, such estate shall not be liable to double tax. 



SECTION 14. 

LIABILITY OF TAX OFFICERS TO THIRD PARTIES. 

§857. (874d.) Officer liable for failure of duty. If any person has Acts isso-i, 
given in his lands as herein prescribed, and shall suffer injury by 
the failure of the receivers of tax returns to do their duty, the officer 
16 



858-861 EIGHTH TITLE.— CHAP. 2, SEC. 15. ART. 3, SEC. 1. 242 

Colored taxpayers' returns. List of insolvents and defaulters; insolvent lists. 

so offending shall be liable on his bond to the party so damaged for 
the full value of the land sold. 



SECTION 15. 

COLORED TAXPAYERS' RETURNS. 

Acts 1874, §858. (875a.) Returns of taxes paid by colored people to be made. 
The several receivers of tax returns and tax-collectors in this State, 
or other officers performing similar duties, shall make returns to the 
comptroller-general of the character and amount of all taxes re- 
turned or paid by colored taxpayers in this State. And it shall be 
the duty of the comptroller-general in his annual report to make a 
general exhibit of the character and amount of the taxes so re- 
turned. 



ARTICLE 8. 

LIST OF INSOLVENTS AND DEFAULTERS. 



SECTION 1. 

INSOLVENT LISTS. 

Act 1 ^, §859. (858.) When collectors to pay taxes into treasury and present 
Acts 1855-6, insolvent list. The several collectors must pay into the State treas- 

p. 136. # , . 

1857, p. 132. U rv the taxes of their respective counties by the twentieth day of 
December of each year, and shall at the same time present their in- 
solvent list, duly certified to have been allowed them by the proper 
authority. 
A p Ct i8o 878 " 9 ' §860. (859.) Insolvent list, by whom allowed. Insolvent lists of tax- 
$$774,941. collectors shall alone be allowed by the ordinary, county judge, 
commissioners of roads and revenue, or other tribunals authorized 
by law, except grand juries, upon a return of the tax execution with 
entry of proper legal officer of "no property." 

^iso 878 " 9 ' § 86L ( 860 -) Lists ' how allowed. Said official tribunals shall, if 
they have reason from any cause to suspect the return of the re- 
turning officer to be incorrect in any particular, to cause 8uch.fi. fa. 
to be sent out again for collection. But before any officer named in 
this section shall allow any insolvent list, the officer in whose hands 
the tax fi. fas. have been placed for collection shall make oath that 
he has made every effort in his power to collect the same, and that 



243 EIGHTH TITLE.— CHAP. 2, ART. 3, SEC. 1. §§862-869 



Insolvent lists. 



he verily believes the taxpayers on said list have no property out 
of which the tax can be collected. 

§862. (861.) On what tax allowed. The proper tribunal in making a^ 1861 ' 
out such list shall be required to state how much is allowed the col- 
lector on account of the State tax, and how much is allowed on the 
county tax. 

§863. (862.) Ordinary to retain copy of list, constable to collect fi. fas. ^f^ 857. 
When the collector shall have his insolvent list credited, it shall be 1861 'P- 80 - 
the duty of the tribunal allowing it to retain a copy of such list and 
direct the collector to issue executions for the same, and place them 
in the hands of some constable of the county for collection, who shall 
be entitled to the same fees as he is entitled to for other executions, 
and two and one-half per centum, and the balance shall be paid by 
the constable to the ordinary, whose duty it shall be to transmit the 
same to the treasury. 

§864. (863.) Disposition of insolvent list. When such lists are al- 
lowed, they must be entered on the minutes of the court, and the 
ordinary, or other tribunal, must furnish the collector certified 
copies thereof, stating in the certificates when and by what tribunal 
allowed. 

§865. (864.) Comptroller to wait for insolvent list, how long. When- A ^ s 8 186 ^ 
ever the comptroller-general shall be satisfied that a tax-collector 
has exercised due diligence in his efforts to have his insolvent list 
allowed within the time prescribed by law, the said comptroller- 
general shall be authorized, if in his judgment the public interest 
will not suffer thereby, to wait with the collectors fifteen and not 
exceeding thirty days for said insolvent list, before issuing^, fa. for 
the same. 

§866. (865.) When not. They shall not, under any circumstances, ^obj^iose 
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. 

§867. (866.) When time shall be granted to receivers and collectors. A 3obb 4 i074 
The time by which digests shall be completed and the taxes paid ^ 774, 941 - 
does not apply to receivers and collectors who have not been in office 
long enough to make such compliance, but in all such cases such 
officer must respond to the requirements of the comptroller-general. 

§868. (867.) Newly elected receivers and collectors. Such officers are 
not liable for the penalties fixed for those regularly elected, until 
the time allowed by the comptroller-general has expired, unless 
they have been so long in office as would have been sufficient for 
the regular officers. 

§869. (868.) Collector to make a schedule of defaulters. It is the Actsi867, 
duty of the collector to examine the digest of the receiver, and if he 



§§ 870-874 EIGHTH TITLE.— CHAP. 2, SEC. 2. ART. 4. 244 

Record of tax defaulters. Duty of comptroller as to delinquent taxpayers. 

knows of any default not entered, to make a schedule of such in the 
same manner as done by the receiver, and of any other that he may 
then or afterwards learn, and of their property, and assess a double 
tax in the same manner the receiver is allowed to do, one copy of 
which shall be furnished to the comptroller-general to add to the 
digest in his office, and another to the receiver, who shall likewise 
correct his digest. 
A Goibibn. §870. (869.) Comptroller may allow further time. And in other 
cases where any unexpected obstacles occur to completing the digest 
or paying over the taxes within the time prescribed, it is in the dis- 
cretion of the comptroller-general to allow further and sufficient 
time. 



SECTION 2. 

RECORD OF TAX DEFAULTERS. 

^ ct | 8 ^ 884 " 5, §871. Record of tax defaulters . The tax-collectors shall record in 
a book kept for the purpose, in alphabetical order and by militia 
districts, the names of all persons who have not paid their taxes, 
placing opposite the name of such person the amount he is due for 
such tax, said record to be made in a well-bound book, to be fur- 
nished at the expense of the county, and the record so required to 
be made shall be filed by the first day of July of each year with the 
court or board of commissioners having charge and control of the 
county affairs. 

Acts 1884-5, §872. Tax collected after record, how applied. When any tax shall 
be collected after said record is made, it shall be applied to oldest 
tax demand a'gainst said person paying the same. 

Acts 1884-5, §873. Pay of collector and forfeiture of commission. For the service 
in making said record, the tax-collector shall have the sum of five 
dollars for every hundred names so recorded on said book, to be paid 
out of the county treasury; and for his failure to discharge the 
duties herein required of him, such collector shall forfeit one-fourth 
of his commissions. 



ARTICLE 4. 

DUTY OF COMPTROLLER AS TO DELINQUENT TAXPAYERS. 

^somi2, §874. (876.) Defaulting corporations . If any corporation, com- 
pany, person, agency, or institution, 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 



245 EIGHTH TITLE.— CHAPTER 2, ARTICLE 4. §§ 875-881 

Duty of comptroller as to delinquent taxpayers. 

liable to the State treasury, the comptroller-general shall issue 
against them an execution for the amount of taxes due, according 
to law, together with the costs and penalties. 

Section cited; illegality dismissed, not entitled to the terms of the Act of 
1874, a later provision repealing an exemption from tax in the charter of a 
railroad: 62 Ga. 463-467. Section cited; illegality dismissed: 62 Ga. 500-508. 
A tax execution against a dealer in sewing-machines, under this section, not 
restrained by injunction: 63 Ga. 738. 

Company failing to make revised return, this section applies : 70 Ga. 12. 

Taxes do not bear interest, but are enforced by penalties : 70 Ga. 13. 

Long standing decision that comptroller may not transfer execution, not 
reversed, though unsound: 84 Ga. 772. 

Comptroller-general cannot transfer wild-land tax execution : 87 Ga. 448. 

§875. (877.) Forfeiture of charter of delinquent corporations. The$$i882, 1883. 
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. 

§876. (878.) Penalty, where there is no special provision. The pen- 
alty or default tax on banks, railroads, and other corporations, 
where there is no special provision, shall be three times the amount 
of their lawful tax. 

§877. (879.) Foreign insurance companies, penalty. The penalty or $875. 
default tax on foreign insurance companies shall be five hundred 
dollars; on foreign bank agencies, two thousand dollars; on ex- 
press companies, ten thousand dollars. 

§878. (880.) On lottery dealers. The penalty on lottery dealers, if 
there should be any authorized by the laws of this State, shall be 
three times the amount of the taxes assessed. 

§879. (881.) When there is no return. When there is no return by^i. 

which to assess the tax, the comptroller-general shall, from the best 

information he can procure, assess in his discretion. 

Mode of assessing sections and branches of railroad : 70 Ga. 13. 

Jury may assess on trial under section 782: 70 Ga. 12. 

Company failing to make revised return, this section applies: 70 Ga. 12. 

Can the comptroller-general delegate this power ? 70 Ga. 12. 

§880. (882.) Executions issued against corporations, how directed. ^ff'gfj 8 ' 
The executions issued by the comptroller-general against any com- 
pany shall be directed to all and singular the sheriffs and other law- 
ful officers of this State, with directions to levy the same on the 
property of the corporation or company, with power to issue and 
serve garnishments upon the debtors of the corporation. 

§881. (883.) Executions against agents, etc. The executions against S 854 - 
agents of foreign institutions as aforesaid shall be against the prin- 
cipal agent or his successor, and shall authorize the officer to levy on 
all the property of the agency, to seize its money, notes, or other 
effects. 



§§882-885 EIGHTH TITLE.— CHAP. 2, ART. 5, SEC. 1. 246 

Tax fi. fas. and sales; lien of tax fi. fas. 

§882. (884.) Money collected on fi. fa. When an officer collects 
money on such process, or on any other issued by the comptroller- 
general, he shall, without delay, remit the same to him by some safe 
and speedy method, and on failure to do so, is liable as he would be 
to other plaintiffs. 

Section cited, and creditor with an older fi. fa. cannot claim the money ; no 
judicial interference with, tolerated : 58 Ga. 106, 107. 



ARTICLE 5. 

TAX FI. FAS. AND SALES. 



SECTION 1. 

LIEN OF TAX FI. FAS. 

^oDb°io5o §883. (812.) Taxes to be first paid. Taxes shall be paid before any 
^55 91 ' 2787, other debt, lien, or claim whatsoever, and the property returned or 
held at the time of giving in, or after, is always subject. 

Taxes due the State were a lien on the property of the debtor, formerly, 
from the first of January : 8 Ga. 479. In this case was a lien from the first of 
April, and sale by the assignee in bankruptcy did not divest the State's lien 
for taxes : 46 Ga. 412. Nor does a sale of land under a decree of the circuit 
court of the United States divest the State's lien for taxes : 63 Ga. 486, 487. 
Nor is the city's lien for taxes divested by a sale for purchase-money in a 
matter transpiring in the city of Atlanta: 66 Ga. 617. 

Cited : 70 Ga. 36. 

Stated, as to State taxes : 69 Ga. 194. 

Lien for State taxes follows property. The assessment is against owner, the 
tax and lien is against the property : 69 Ga. 194. 

Return of no personalty not prerequisite to levy by constable on land for 
State and county taxes : 83 Ga. 198. 

Return by husband and father as his own, fi. fa. properly against him. No 
hardship that burden on wife and children to show part not subject, since, if 
return invalid altogether, double tax (section 848) results: 79 Ga. 799. 

$9o? a ' 483 ' §884. Lien of tax not divested by judicial sale. A sale of property 
under any other process does not divest the lien of the State for 
taxes. 

See also 84 Ga. 34; 66/617. 

^?obb°io5o §^85. (813.) Conveyances and judgments to avoid payment of taxes, 
$$855,2787. vo id. All deeds of gift, mortgages, sales and assignments of prop- 
erty of any kind, made to avoid payment of taxes, or judgments pro- 
cured to be rendered for the same purpose, are null and void. 

Cited. Codifiers revised the law and changed it, how: 69 Ga. 194. 



247 EIGHTH TITLE.— CHAP. 2, ART. 5, SECS. 2, 3. §§886-888 

Interest on tax fi.fas. Transfer of tax fl. fas. 

§886. (814.) Donee, etc., property liable. The person holding such ^obb°io5o 
property, or to whom such conveyance may be made, is liable for 
such taxes, and the property also, whenever found, no matter in 
whose possession it may be. 

Cited. Codifiers revised the law and changed it, how: 69 Ga. 194. 



SECTION 2. 

INTEREST ON TAX FI. FAS. 

« 

§887. Tax fi. fas. bear interest. All executions issued for taxes due A p t | 1 1889, 
the State or any county thereof, or any municipal corporation ^ 395 ' 889# 
therein, whether issued on assessments for permanent improvements 
of streets or sewers of said municipal corporation, or otherwise, shall 
bear interest at the rate of seven per cent, per annum from the time 
fixed by law for issuing the same: Provided, that this section shall 
not apply to taxes or tax fi. fas. issued by any municipal corporation 
imposing penalties for failure to pay taxes. 

Formerly taxes did not bear interest: 70 Ga. 13. 



SECTION 3. 

TRANSFER OF TAX FI. FAS. 

§888. (891 a.) Transfer of tax fi. fas. Whenever any person, other Acts 3 189 ^ 
than the person against whom the same has issued, shall pay any J*j72, p. 35 
execution issued for State, county, or municipal taxes, or any other § 5374 - 
execution issued without the judgment of a court, under any law, 
the officer whose duty it is to enforce said execution shall, upon the 
request of the party paying the same, transfer said execution to said 
party; and said transferee shall have the same rights as to enforcing 
said execution and priority of payment as might have been exercised 
or claimed before said transfer: Provided, said transferee shall have 
said execution entered on the general execution-docket of the supe- 
rior court of the county in which the same was issued, and if the 
person against whom the same was issued resides in a different 
county, then also in the county of such person's residence, within 
thirty days from said transfer. And in default thereof such execu- 
tions shall lose their lien upon any property which has been trans- 
ferred bona fide and for a valuable consideration before the record 
and without notice of the existence of such execution. 

Illegality to tax fi. fa. held by transferee, on ground of payment to him: 
66 Ga. 88. 



§§889-891 EIGHTH TITLE.— CHAP. 2, ART. 5, SEC. 4. 248 

Dormancy of tax fi. fas. 

Interest on docketed executions : 70 Ga. 35. 

Sheriff's sale here not having divested tax lien, transferee of t&xfi. fa. could 
not claim money arising from sheriff's sale : 66 Ga. 617. 

The terms of this section must be strictly complied with as to third persons : 
86 Ga. 125. 

After such transfer, city has no title in tax fi. fa., and marshal's function at 
end except to enforce^, fa. for transferee: 67 Ga. 337. 

Where mortgagee pays taxes to protect mortgage, such taxes are charges 
upon the property as against mortgagor and all persons claiming under him ; 
but taxes on other property are not charges except as against defendant: 80 
Ga. 55. Tax execution cannot avail transferee as lien, unless properly entered 
on execution-docket within thirty days : 80 Ga. 56. 

If not recorded within thirty days, not enforced by transferee as lien on 
defendant's property : 66 Ga. 351. 

Transfer here should have been recorded within thirty days ; lien not saved 
by Act of 1879, extending time of record : 69 Ga. 644. 

Tax execution not entered on superior-court docket, within thirty days 
after transfer, is satisfied as to third persons : 86 Ga. 777 ; lien not lost as 
against defendant: 85 Ga. 463. 

Long standing decision that comptroller may not transfer execution, not 
reversed, though unsound: 84 Ga. 772. Comptroller-general cannot transfer 
wild-land tax execution : 87 Ga. 448. 

Transfer by attorney, representing State and sheriff, of fi. fa. issued by 
comptroller against tax-collector, legal : 85 Ga. 463. 

Sheriff has no right to transfer fi.fa. under this section, unless paid in full: 

86 Ga. 777. 

^^1887, §889. Interest on transferred tax fi. fas. All tax fi. fas. transferred 
$ 887 - to third parties shall bear interest, at the lawful rate, from date of 

transfer: Provided, the same have been recorded as prescribed by- 
law. 



SECTION 4. 

DORMANCY OF TAX FI. FAS. 

Aet 23 1887 ' §890. Tax fi.fa. dormant, when. All State, county, city, or other 
$376i. tax^. fas. , before or after legal transfer and record, shall be enforced 
within seven years from the date of their issue; or within seven years 
from the time of the last entry upon the tax/, fa. by the officer au- 
thorized to execute and return the same, if said entry is properly 
entered by said officer upon the execution-docket and books in which 
said entries are now required to be made in cases of entries on exe- 
cutions issued on judgments. 
$376i. §891. Laws as to judgments applicable to tax fi. fas. All laws in ref- 

erence to a period of limitation as to ordinary executions for any 
purpose, or to the length of time or circumstances under which they 
lose their lien in whole or in part, are made applicable to tax fi. fas, 



249 EIGHTH TITLE.— CHAP. 2, ART. 5, SECS. 5, 6. §§892-894 

Alias tax fi. fas. Tax executions, when and by whom issued. 

SECTION 5. 

ALIAS TAX FI. FAS. 

§892. Alias tax fi. fas. When any tax execution which shall have ^ ct ^ 882 " 3 ' 
been regularly issued by the tax-collector of any county of this State 
shall be lost or destroyed, an alias execution, in lieu of such original 
execution, may issue upon the party having the right to control such 
original execution filing with the ordinary of the county in which 
it issued a statement under oath of the loss or destruction of such 
original. The ordinary shall indorse on the copy issued in lieu of 
said original, the word "Alias" 

§893. Force and effect of alias. Said alias execution shall have all ^q^ 180 ^ 
the legal force and effect of the lost or destroyed original execution. 



SECTION 6. 

TAX EXECUTIONS, WHEN AND BY WHOM ISSUED. 

§894. (886.) Tax-collector's fi. fas., when and how issued. Execu- ^fjs^tu, 
tions for non-payment of taxes against persons who are not required 
to pay to the treasurer, are issued by the tax-collectors of their re- 
spective 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. 

Tax-collectors have the power to issue executions against defaulting tax- 
payers, which the sheriff and constables are bound to execute and return : 11 
Ga. 79. Summary of statutes on this subject : 11 Ga. 81. Constitutional pro- 
visions as to trial by jury do not apply to the case of a taxpayer who fails or 
refuses to pay his tax : 23 Ga. 566. Rule against the sheriff to account for such 
fi.fas: 29 Ga. 212. Prerequisites for must be strictly complied with, and an in- 
junction sustained against a t&x fi.fa. issued by a city : 31 Ga. 700. Tax fi. fa. 
levied by a constable on land and returned to the sheriff to sell : 60 Ga. 352, 
353. 

Sale not void because improved land described as wild, in fi. fa.: 80 Ga. 71. 
Sale under tax execution issued by the collector after going out of office, a 
nullity: 92 Ga. 367. 

Taxfi.fa., how directed: 68 Ga. 173. 

Tax-collector can issue execution for unpaid liquor tax : 74 Ga. 592. 
Recitals in tax deed presumed correct, and officer issuing execution pre- 
sumed to have done his duty : 85 Ga. 835. 



895-898 EIGHTH TITLE.— CHAP. 2, ART. 5, SECS. 7, 8, 9. 250 



Garnishment on tax fi. fas. Insolvent tax fi. fas. to be levied. Tax fi. fas., on what levied. 



SECTION 7. 

GARNISHMENT ON TAX FI. FAB. 

^) Ct i37 8556 ' §895. (3557.) Tax-collector may issue garnishment. When any tax- 
$§729,880. collector can find no property of the defendant on which to levy any 
tax execution in his hands, it shall be his duty to make an entry to 
that effect on said execution ; and such tax-collector may then issue 
summons of garnishment against any person whom he may believe 
is indebted to the defendant, or who may have property, money or 
effects in his hands belonging to the defendant; which said sum- 
mons of garnishment shall be served by the tax-collector, the sheriff, 
his deputy, or any constable of the county in which the garnishee 
may reside, at least fifteen days before the sitting of the court to 
which the same is made returnable, and returned to the superior 
court of the county for which he is tax-collector. 

Section referred to and construed : 60 Ga. 304. 

^.m 855 " 6, §896. (3558.) Proceedings thereon. Said tax-collector shall enter 
on said execution the names of the persons garnisheed, and return 
said execution to said superior court, and all the subsequent pro- 
ceedings shall be the same as now provided by law in relation to gar- 
nishments in other cases where judgment has been obtained or exe- 
cution issued. 



SECTION 8. 

INSOLVENT TAX FI. FAS. TO BE LEVIED. 

A v% m °' h §897. (886 a.) Insolvent tax fi. fas. may be put out. The county 
authorities of any county in this State shall place such tax execu- 
tions as have been returned insolvent, in the hands of the sheriff or 
any constable of the county for collection, to be levied, and sales 
thereunder to be made in accordance with the regulations governing 
sales under executions issued from common-law judgments. 



SECTION 9. , 

TAX FI. FAS., ON WHAT LEVIED. 

S 5423 - §898. (891.) Defendants may point out property . Defendants in fi. 

fas. issued by tax-collectors for taxes shall have the privilege of 
pointing out the property upon which to levy said fi. fas., but it 
shall be within the discretion and power of the collector to have the 



251 EIGHTH TITLE.— CHAP. 2, ART. 5, SEC. 10. §§899, 900 



Claims, how interposed. 



proper officer levy the same on any other property he may point out, 
whenever he deems it necessary to secure the prompt collection of 
the tax fi.fas. 

Formerly a tax-collector could not transfer a tax fi. fa. so that the trans- 
feree could enforce it against the defendant's property: 59 Ga. 202. Fi.fa. 
prima facie satisfied and transferred, such transferee cannot interfere with the 
title acquired at a sheriff's sale before the transfer: 61 Ga. 61. There was no 
authority before the Act of 1872 to transfer a t&xfi. fa.: 48 Ga. 177. Since the 
Act of 1875, if a tax fi. fa. is transferred, but not recorded in thirty days, can- 
not be enforced by transferee : 66 Ga. 351. 

Act of pointing out property on which to levy tax fi. fa. is waiver of all 
irregularities in returns as against defendant and all parties interested: 
80 Ga. 55. 

Pointing out property for tax sale governed by this section, not by section 
5423: 86 Ga. 379. 

Realty held under bond for title, partly paid for, liable for obligee's taxes. 
Tax sale not vitiated by obligee thereafter paying off lien older than ta,x fi.fa.: 
90 Ga. 287. 



SECTION 10. 

CLAIMS, HOW INTERPOSED. 

§899. (896.) Claim may be interposed when tax fi. fa. is levied. cobb,io56. 
When property is levied on under a tax fi.fa. issued either "by the cobb,io72. 
comptroller-general or tax-collector, it may be claimed by a third 
person and tried in the same manner as other claims are, except 
that the claimant shall give a bond and security for the eventual 
condemnation-money, and if found subject, such claimant and his 
sureties shall be in all respects liable as on appeal bond. 

Claim in forma pauperis cannot be interposed to tax levy, either of city or 
State. This section governs tax levies; section 4618 inapplicable: 73 Ga. 28. 

§900. (3732.) Claim if fi. fa. against tax-collector. When any exe- ^ 8, 894 5 ' 
cution may be issued against any tax-collector or taxpayer 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 party to 
such execution, such claimant shall make oath provided in the case 
of other claims, and give bond, and the same proceedings shall be 
had thereon as provided for the trial of the right of property, ex- 
cept that such trials shall be had in the county wherein the levy was 
made. 

Section referred to and construed : 60 Ga. 77. 

Cited as illustrating legislative construction of word "taxes," embracing 
money due by defaulting tax-collector: 66 Ga. 121. 

Court erroneously dismissing levy, may correct error by reinstating case at 
same term: 86 Ga. 777. 



§§90i-90S EIGHTH TITLE.— CHAP. % ART. 5, SECS. 11, 12. 252 

Costs and fees. No judicial interference. 

SECTION 11. 

COSTS AND FEES. 

Acts 1880-1, §901. (888a.) Cost of collecting tax fi. fa. Whenever the sheriff 
or other officer of any county shall collect any tax fi. fa. over one 
hundred dollars, he shall be entitled to one dollar for costs, and for 
collecting any tax fi. fa. of one hundred dollars or under, fifty cents 
for costs. 
Actsisei, §902. (887.) Fee for issuing tax fi. fas. Tax-collectors shall be al- 
§906. lowed a fee of fifty cents for issuing t&xfi. fas.; but no tax-collector, 

sheriff, or constable, shall receive costs on said fi. fas. unless the 
same be collected from the defendant. 



SECTION 12. 

NO JUDICIAL INTERFERENCE. 

Act 1840, §903. (3668.) No judicial interference with taxes . No replevin shall 

§$396, 4i5. lie, nor any judicial interference be had, in any levy or distress for 

taxes under the provisions of this Code, but the party injured shall 

be left to his proper remedy in any court of law having jurisdiction 

thereof. 

As to injunctions : 59 Ga. 805-811 ; 63/352. 

Not entertained in a proceeding against defaulting tax-collector and sure- 
ties : 21 Ga. 50, Where a tax fi. fa. can be estopped by illegality : 25 Ga. 610. 
Where tax for an illegal purpose, can resort to illegality: 20 Ga. 102; 47/642, 
643. Law of this section referred to : 33 Ga. 623. As to interference of equity 
in: 42 Ga. 229; 49/201; 27/354. When not permitted: 59 Ga. 811. When al- 
lowed : 64 Ga. 789. State bonds, tax on : 60 Ga. 506-508. As to injunction 
against municipal taxes : 56 Ga. 448. Where writ of prohibition did not lie 
against a tax-collector: 45 Ga. 85. This section intended to prevent only 
suits obstructing the State in collection of her revenue : 46 Ga. 460. Where 
no judicial interference allowed as against comptroller-general: 46 Ga. 325, 
344. Section referred to and construed : 48 Ga. 139. When ho illegality al- 
lowed against county and municipal taxes: 57 Ga. 166, 167. When affidavit 
against tax-collector allowed: 51 Ga. 252. When no injunction as against 
State tax on bank-stock : 59 Ga. 353. 

Courts are slow to obstruct collection of municipal tax : 62 Ga. 646. 

Illegality to tax fi. fa. held by transferee, on ground of payment to him: 66 
Ga. 88. Illegality to t&xfi.fa.: 76 Ga. 100, 101 ; 75/502. 

Equity will interfere to prevent officer from enforcing execution for taxes 
not founded on any valid law : 68 Ga. 311. 

Injunction granted against illegal imposition of tax by county against rail- 
road: 71 Ga. 25. Unconstitutional tax against railroad enjoined in county 
where levy made : 64 Ga. 783. Remedy by injunction against illegal tax on 
railroad : 62 Ga. 485, 495, 510. 



253 EIGHTH TITLE.— CHAP. 2, ART. 5, SEC. 13. §§904-906 

Levy and sale under tax fi. fas. 

Interlocutory injunction against collection of school tax, properly denied, 
where complainants guilty of acquiescence and delay : 86 Ga. 605. 

Erroneous administrative acts of school board not ground to enjoin collec- 
tion of school tax : 86 Ga. 605. Municipal tax sale not enjoined where no ir- 
reparable loss, etc.: 77 Ga. 496. Ad interim injunctions sparingly granted: 
82 Ga. 138. 

Tax-collector enjoined from collecting taxes on land transferred to another 
county : 92 Ga. 549. 



SECTION 13. 

LEVY AND BALE UNDER TAX FI. FAS. 

§904. Purchase by one bound to pay. One who is bound to pay the 86 Ga - 604 - 
tax on property cannot strengthen his title by purchasing at a tax 
sale; such purchase will be treated as payment. 

§905. (888.) By whom levied, and sales under. Executions may be Act | 1876 » 
levied by either of the officers to whom directed, or other officer who 
by law may be authorized in their place; but a constable cannot levy 
a t&xfi.fa. when the principal amount exceeds one hundred dollars, 
and if a t&xfi.fa. for less than one hundred dollars be levied by a 
sheriff, his fee for said levy shall be that now allowed constables, 
and if the levy be made upon personalty, the same shall be adver- 
tised and sold as is now provided for justice-court^, fas. If the 
constable levies on land, it must be returned to and sold by the sher- 
iff of the county. 

Under this section, sheriff could not levy where the amount did not exceed 
$50.00: 60 Ga. 466. But by Act of 1876, page 16, he can levy whatever amount 
involved. Where the constable could levy the fi. fa. on land and return it 
to the sheriff: 60 Ga. 353. And by Act of 1876, page 30, could do this, where 
the amount involved is over $50.00. A sheriff levying a tax^. fa. of less than 
$100, need not make an entry of no personalty before levying on realty : 65 
Ga. 64. 

Cited : 68 Ga. 196. 

In 1873 constable could not levy tax fi. fa. for more than $50.00 : 68 Ga. 173. 

Levy and sale not void here, where execution improperly directed, but 
properly executed : 75 Ga. 516. 

Return of "no personalty" not prerequisite to levy by constable on land for 
State and county taxes : 83 Ga. 198. 

Proceedings regular, not fraud in sheriff to sell under tax fi. fa. land al- 
ready sold under general fi. fa. Nor in purchaser with notice of first sale : 
84 Ga. 34. 

§906. (889.) Constable may levy in any part of the county. The tax- $$ 911 > 902 - 
collector may place his fi. fas. in the hands of any one constable of 
the county, who shall be authorized to collect or levy the same in 
any part of the county. 



§907 EIGHTH TITLE.— CHAP. 2, ART. 5, SEC. 13. 254 

Levy and sale under tax fi. fas. 

$$545i,884. §907. (890.) Sales under tax fi. fas. Sales under tax fi. fas. shall be 
made under the same rules governing judicial sales. 

Purchaser at, gets a good title, when : 8 Ga. 479. Tax-collectors' sales must 
show upon their face that all the prerequisites of the law have been strictly 
complied with: 11 Ga. 423-427. Sales should be made in the county where 
the property to be sold is: 20 Ga. 639. What sale is void and when it does not 
divest the lien of a mortgage : 25 Ga. 103. Mortgagee may purchase under a 
tax execution older than the mortgage so as to take the land freed from a 
judgment older than the mortgage: 55 Ga. 145. Purchaser at, is not entitled 
to rents, issues and profits accruing between the time of his purchase and the 
redemption of the property : 60 Ga. 260. 

See notes to section 913. 

Where sale of wild lands under comptroller-general's fi. fa., invalid for 
failure to comply with law as to advertising: 76 Ga. 739. 

Applies to tax fi. fa. of comptroller-general: 89 Ga. 793. 

Sale, under ta.xfi.fa. for $3.60, of land worth $1,200, voidable at landowner's 
option ; and deed showing such excessive levy, void on its face : 81 Ga. 40. 

Municipal tax sale must meet all requirements of the law, and ordinances of 
city should be strictly followed ; agent of non-resident owner should have 
been notified of levy here: 77 Ga. 772, 773. 

Stranger to title, not in possession nor in privity with owners, cannot attack 
sale for excessive levy, illegal advertisement, etc. : 93 Ga. 715. 

Officer bound to levy and sell only to extent necessary to pay fi. fa. As to 
levying on equity of redemption where property mortgaged : 69 Ga. 194. 

Purchasers acquire title subject only to right of redemption ; not affected 
by pre-existing liens, etc. : 69 Ga. 194. 

Sale under general fi. fa., lien for tax not divested : 84 Ga. 34. 
See section 884. 

Sale under two fi. fas. at once (common-law and ta,xfi.fa.) not void ; but 
latter dominates character of sale, and land redeemable by refunding whole 
amount paid by purchaser: 81 Ga. 247. 

Proceedings regular, not fraud in sheriff to sell, under tax fi. fa., land al- 
ready sold under general fi. fa. Nor in purchaser with notice of first sale: 84 
Ga. 34. 

Internal revenue officer's certificate of tax sale (see Revised Statutes 
United States, sections 3198 and 3199), neither passed title nor evidenced that 
title had ceased to be where it was before : 83 Ga. 79. 

One holding property as agent, or trustee, cannot purchase it at tax sale for 
self or wife ; amount property bought at sale not evidence of value in account- 
ing with owner : 92 Ga. 149, 154. 

Blanks in sheriff's deed as to date of levy and of sale, except that sale was 
first Tuesday, and of day and month deed executed, may be supplied by parol 
as in case of other judicial sales: 94 Ga. 542. 

Land of one person sold under ta.xfi.fa. against another, sale void : 95 Ga. 60. 

Recitals in tax deed that preliminaries of valid sale were observed, not evi- 
dence : 89 Ga. 286. 



255 EIGHTH TITLE.— CHAP. 2, ART. 5, SECS. 14, 15. §§908, 909 

Tax execution in rem and sale thereunder. Redemption of property sold for taxes. 

SECTION 14. 

TAX EXECUTION IN REM AND SALE THEREUNDER. 

§908. (897.) Property not returned but assessed, how disposed o/. $ 848 - 
When property is assessed for taxes which has not been returned by 
any one, as soon as assessed the tax-collector shall at once issue an 
execution against it for the amount due and costs, and the sheriff 
shall advertise it for sale in some public gazette 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. 
Whatever overplus there may be shall be paid over to the ordinary $912. 
as a part of the educational fund, with a statement of the property 
and account of sales, subject to the claim of the true owner within 
four years. 

Section cited and referred to: 51 Ga. 454; see also 68 Ga. 585. 

Purchaser at sheriff's sale cannot recover the overplus, not showing title 
from true owner : 72 Ga. 193. 

Those in charge of disbursing educational fund might sue ordinary for mis- 
application : 72 Ga. 193. 

T&xfi.fa. against land, owner unknown, should be issued how: 86 Ga. 591. 



SECTION 15. 

REDEMPTION OF PROPERTY SOLD FOR TAXES. 

§909. (898.) Land sold may be redeemed. Whenever any land is "t ct | 1878 " 9 ' 
sold by virtue of a tax execution issued under this Code, the owner $$ 916, 733 - 
thereof, or any administrator, executor, or guardian, or other trustee 
of the defendant in execution, shall have the privilege of redeeming 
said land thus sold, within one year, by paying the purchaser the 
amount paid by said purchaser for said land, with ten per cent, 
premium thereon from the date of the purchase to the time of pay- 
ment. 

When the lien of a mortgage is not divested by a tax sale: 25 Ga. 103. 
Under a city tax fi. fa. the right of redemption exists: 50 Ga. 425. The pur- 
chaser on redemption only gets his money back and ten per cent. ; this section 
cited : 60 Ga. 262. 

Title perfect and absolute if not redeemed within one year: 69 Ga. 194. 

Redemption must be within one year of date of sale, not of record of deed : 
86 Ga. 379. 

Wife of defendant in execution has privilege of redeeming where property 
sold was homestead property : 80 Ga. 25. 

Sale under two fi. fas. at once (common-law and tax fi. fa.) not void ; but 
latter dominates character of sale, and land redeemable by refunding whole 
amount paid by purchaser : 81 Ga. 247. 



§§910-913 EIGHTH TITLE.— CHAP. 2, ART. 5, SECS. 16, 17. 256 

Tax fi. fas. levied in any county. Surplus at tax sale ; tax deeds. 

Tendering in redemption less than price paid at tax sale and ten per cent., 
no tender: 84 Ga. 561. 

Though paid in ignorance of the law, rents paid to purchaser at tax sale 
not applied as in redemption : 84 Ga. 561. 

Demand by purchaser for larger amount than paid and ten per cent., no ex- 
cuse for failure to tender: 84 Ga. 561. 

Conveyance hereunder, no proof that grantee is owner: 94 Ga. 689. 

Act | 5 1880 " 1, §910. (874c.) How redeemed. Whenever any wild land is sold by 
$$916,733. virtue of a tax execution, the owner thereof, or the executor, admin- 
istrator, guardian, or trustee of such owner shall have the privilege 
of redeeming said land thus sold, within two years from the date of 
such sale, by paying to the purchaser the amount paid by such pur- 
chaser, together with interest thereon at the rate of twenty per cent, 
per annum. Upon the redemption as aforesaid by any owner of any 
lot of wild land sold, said owner, or his agent, shall receive any sur- 
plus of money which may remain in the hands of the sheriff, after 
deducting the taxes and costs of such sale; and if said lot or lots are 
not redeemed in the time mentioned, all surplus funds arising from 
the sale of wild land shall be paid over by the sheriff having posses- 
sion of such funds, to the State treasurer, with a list of the lands 
from which said sums were derived. 



SECTION 16. 

TAX PI. FAS. LEVIED IN ANY COUNTY. 

^5)bb°i65o §911. (899.) Tax fi. fas. run in any county. If there is not suffi- 
$906. cient property in the county where the taxpayer resides to satisfy 

the taxes, property situated in any other county is the subject of 

levy and sale. 

Tax-collector's sale must take place in county where property is : 20 Ga. 639. 



$738. 



SECTION 17. 

SURPLUS AT TAX SALE; TAX DEEDS. 

§912. (892.) Excess, how paid. If there is any excess after paying 
taxes and all expenses, it shall be immediately paid to the person 
authorized to receive it. 

§913. (893.) Deed made at sale under tax fi. fa. valid. The deed or 
bill of sale made by such officer shall be just as valid to the pur- 
chaser as if made under the ordinary process of law issuing from the 
superior court. 



257 EIGHTH TITLE.— CHAP. 2, ART. 5, SECS. 18, 19. §§914, 915 

Purchaser's right to possession. Purchase by counties at tax sales. 

The terms of this section do not apply to sales by the marshal of a town or 
city : 50 Ga. 424. Mortgagee buying in land at a tax sale holds it good against 
a judgment older than the mortgage: 55 Ga. 145. This deed is not evidence 
without the fi. fa. under which the sheriff acted: 55 Ga. 572. 

See notes to section 907. 

Section applies to tax fi. fa. of comptroller-general: 89 Ga. 793; does not 
apply to deed by city officer under city tax sale : 89 Ga. 286 ; citing 50 Ga. 418 ; 
distinguishing 69 Ga. 194; 65/366. 

Purchaser at tax sale gets no title where levy excessive and description in- 
complete: 75 Ga. 169. 

Description in tax deed held to be fatally defective : 91 Ga. 577. 

Improved land listed as wild land, and sold for taxes as such, sale void: 
85 Ga. 603. 

Sale of land, under tax fi. fa. issued in personam and specifying no particu- 
lar property, not valid, where person had neither possession nor title : 86 Ga. 591. 

Land of one person sold under tax^L fa. against another, sale void : 95 Ga. 60. 

Tax deeds admissible to show title, though levy apparently excessive, va- 
lidity having been recognized : 86 Ga. 166. 

Recitals in tax deed presumed correct, and officer issuing execution pre- 
sumed to have done his duty : 85 Ga. 835. 

Affidavit here insufficient under statute prescribing that mayor shall make 
affidavit on tax deeds, as dispensing with other proof: 91 Ga. 577. 

Return of no personalty not prerequisite to levy by constable on land for 
State and county taxes : 83 Ga. 198. 

Person chargeable with payment of tax cannot strengthen his title by pur- 
chase under tax fi. fa. improperly issued against former occupant : 86 Ga. 591. 
See section 904. 



SECTION 18. 

purchaser's right to possession. 

§914. (894.) Officer to put purchaser in possession of land . The offi-^ 5468 - 
cer selling has the authority to put purchasers in possession of land 
sold, as in other cases. 

The superior court will not order the marshal of Atlanta to place in posses- 
sion the purchaser of land sold under a tnxfi.fa. for taxes due the city, which 
sale was by a former marshal : 40 Ga. 49. But the purchaser is not entitled 
to the rents and profits accruing between the time of his purchase and the re- 
demption : 60 Ga. 261. 

One not evicted, where land sold under tax fi. fa. against another, unless 
privy in estate, etc. : 95 Ga. 60. 



SECTION 19. 

PURCHASE BY COUNTIES AT TAX SALES. 



§915. Counties may buy property sold under tax fi. fas. The board of ^ ct f 5 2 892 ' 
commissioners of roads and revenues in counties where such boards 
17 



916-919 EIGHTH TITLE.— CHAPTER 3, ARTICLE 1. 258 



Delinquent tax receivers and collectors; penalty for incomplete, improper, or useless digest. 



have been created, or the ordinaries or the judges of the county 
court in such counties as have such officers in control of their roads 
and revenues, are authorized to purchase and hold in their official 
capacity any real property offered for sale by virtue of tax fi. fas.: 
Provided, that said commissioners, ordinaries or judges shall only be 
authorized to bid on such real property when other bids do not cover 
the amount of said tax fi. fa. and cost: And provided further, that 
said commissioners, ordinaries or judges shall not bid more for 
such property than the amount of taxes and cost. Said county au- 
thorities, upon bidding in any property as herein provided, shall draw 
their warrant on the county treasurer to pay to the officers the costs 
due on said tax fi. fas., and accruing costs in effecting said sales. 
$§909,127, §916. Right of redemption. Owners of real property sold under 

too. 

and by virtue of tax fi. fas., and bid in by the board of commission- 
ers of roads and revenues, ordinaries or judges, as provided in the 
preceding section shall have the privilege of redeeming said real 
property as in other cases. 
$$847,348, §917. If not redeemed may be sold. Said board of commissioners of 
roads and revenues, ordinaries or judges of the county court are 
authorized to dispose of said real property purchased under said tax 
fi. fas., and remaining unredeemed, as provided for in the Code. 



CHAPTER 3. 

DELINQUENT TAX RECEIVERS AND COLLECTORS. 



ARTICLE 1. 



PENALTY FOR INCOMPLETE, IMPROPER, OR USELESS DIGEST. 

§918. (902.) Receivers failing to complete digest. If a tax-receiver 
fails to have his digest completed and deposited by the first day of 
August in each year, unless excused by the terms of the law or by the 
comptroller-general, he forfeits, for every week's delay one-tenth of 
his commissions; and if the delay extends beyond thirty days, he 
forfeits one-half of his commissions; and if beyond the time when 
the Governor and comptroller fix the rate per cent., he forfeits all 
his commissions. 

§919. (903.) Failing to make a proper digest. If he fails to make 
out his digest in the manner prescribed by law, or to comply 
with the directions given him by the comptroller-general in so doing, 
he forfeits one-half his commissions. 



259 EIGHTH TITLE.— CHAPTER 3, ARTICLE 2. §§ 920-924 

Execution against defaulting receiver or collector and sureties. 

§920. (904.) Making a useless digest. If such digest is made out 
so badly as not to answer the purpose of the tax laws, he forfeits all 
his commissions, and must be removed from office by the ordinary, 
on the request of the comptroller-general. 



ARTICLE 2. 

EXECUTION AGAINST DEFAULTING RECEIVER OR COLLECTOR AND 

SURETIES. 

§921. (905.) Becoming indebted to the State, "process to issue. If he ^ 418 - 416 - 
receives commissions which he is not entitled to receive or retain, 
or in any other manner becomes possessed of any money belonging 
to the State, or incurs any liability thereto, the comptroller-general 
is authorized to issue execution or other legal process against him . 

§922. (906.) Making false return. If a receiver makes a false re- ^obb?io52. 
turn in either of his digests, expressive of more than is returned, he^ 418- 
shall forfeit to the party aggrieved, in all cases, one hundred dol- 
lars, 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 iam.action. 

§923. (907.) Liable for deceiving taxpayer. If by any device, in- 
tentionally, he causes the taxpayer to pay more than his lawful 
tax, the provisions of the preceding section apply. 

§924. Comptroller to issue executions vs. collector and sureties on default. "(?obbfio25. 
If any collector shall fail to settle his accounts with the comptroller- A p Ct f 2 1889 ' 
general in terms of the law, he shall issue execution against him ^f^ Jf J' 
and his sureties for the principal amount, with interest at the rate 419.' 405 " 
of twenty per cent, per annum on said amount: Provided, that if 
upon a final settlement it should appear that said collector was en- 
titled to credits at the time he is required by law to settle, the comp- 
troller-general may allow the same, and charge such interest only 
on the amount for which the collector is in default, together with 
all the costs and attorney's fees incurred by reason of the issuance 
of said execution. 

When removed upon a quo warranto, and ordered to pay taxes collected to 
the clerk of the superior court, such execution cannot issue against him as 
tax-collector : 3 Ga. 233. Tax execution against a collector and his sureties 
must be issued by the comptroller-general : 27 Ga. 69. Presumption as to the 
custody of such execution : 27 Ga. 69. Is a homestead subject to such fi. fas.? 
47 Ga. 417. Suit by one surety against the other: 59 Ga. 646. No notice nec- 
essary before issuing execution : 60 Ga. 296-298. Tax-collector cannot protect 
himself from paying over money collected from the taxpayers, and the ordi- 
nary's order protects him from claims of the taxpayers : 53 Ga. 191-194. 



§§ 925-929 EIGHTH TITLE.— CHAPTER 3, ARTICLE 3. 260 



Bond and oath to be filed before qualification. 



Cited, as to interest : 70 Ga. 35. 

Comptroller-general may issue execution against defaulting tax-collector 
and his sureties: 83 Ga. 38. 

Construing special county with general law, county officers charged with 
"examining and auditing'' and with "bringing said officers to a speedy settle- 
ment" had implied authority to issue execution against defaulting tax-col- 
lector. Immaterial whether commissioners or clerk signed execution: 83 Ga. 
270. 

County execution against tax-collector prima facie case for county. Met by 
illegality, issue made should be tried; dismissal for absence of county attor- 
ney without excuse, error: 83 Ga. 275. 

$$405-419. §925. (911.) Fi. fas. against collectors. All executions and other 

process against collectors and receivers must be directed to all and 

singular the sheriffs of this State, and must be executed by them, 

their lawful deputy, or other officer lawfully in their stead. 

Rule against the sheriff to account for tax fi. fas. placed in his hands: 29 
Ga. 212. When a levy by a sheriff on the property of his cosurety and co- 
defendant was not permitted : 60 Ga. 490. 

Act 1804, 8926. (912.) Not to be suspended, etc. Executions so issued shall 
Cobb,1052. » . . v / ...... 

$$139, 903. not be suspended or delayed by any judicial interference with them, 

but the Governor may suspend collection not longer than the next 

meeting of the General Assembly. 

By the Act of 1804, courts cannot entertain an affidavit of illegality to an 
execution proceeding against a defaulting tax-collector and his sureties: 21 
Ga. 50. If defaulting tax-collector is entitled to any judicial interference, it is 
as complete at law as in equity : 40 Ga. 133. Section cited, and the sheriff was 
not made to pay over money here collected to plaintiff in an older judgment: 
58 Ga. 106, 107. When the courts will not entertain an injunction : 46 Ga. 326- 
344. 

See notes to section 903. 

Sheriff collecting money from defaulter must at once pay it to comptroller- 
general ; no law for judicial trial of claim thereto : 83 Ga. 38. 

*924 9 938?' §927. (913.) Lien on property of principals and sureties, bound. The 
976. property of collectors, receivers, and of their sureties, is bound, from 

the execution of their bonds, for the payment of taxes collected and 

the discharge of their duties. 
$$905-907. §928. (914.) Proceedings in selling, etc. The proceedings in selling 

property under such executions must be the same as under fi. fas. 

issued from the superior court. 



ARTICLE 3. 

BOND AND OATH TO BE FILED BEFORE QUALIFICATION. 

$$24i,252. §929. (915.) Collector not to collect till bond filed. If any collector 
shall collect, or attempt to collect, any taxes before the receiver has 
completed and transmitted his digest to the comptroller-general, 



261 EIGHTH TITLE.— CHAP. 8, ART. 4, SEC. 1. §§930-933 



Tax-receivers; election and liability. 



unless specially so ordered by such officer, or allowed by special enact- 
ment, he forfeits to the State double the amount so collected, or at- 
tempted to be collected, to be recovered by execution issued by the 
comptroller-general . 

§930. (916.) Governor may vacate the commissions, ivhen. The Gov-^ b ^ 2 ^ 60 
ernor may vacate the commissions of defaulting tax-collectors, or of ^ 132 » 229 - 
tax-receivers failing or refusing to do their duty, give bond, and take 
the oath required by law; and in such event the vacancy shall be 
filled in the manner prescribed for other vacancies. 

Cannot urge the invalidity of the orders of the ordinary for levying the 
taxes, against a foreclosure of a mortgage made to secure the county : 56 Ga. 
290. Section cited, as to vacating tax-collector's commissions: 48 Ga. 137. 



ARTICLE 4. 

TAX-RECEIVERS. 



SECTION 1. 

ELECTION AND LIABILITY. 

§931. (917.) Tax-receivers, how elected. The tax-receivers shall be Act | 2 1872, 
elected on the first Wednesday in January, biennially, for the term $§4350-4355. 
of two years, and are commissioned and qualified as clerks of the 
superior court are. Vacancies are rilled as vacancies for such clerks. 

§932. (918.) Receivers'' oath and bond. Such receiver, whether $ 234 - 
elected or appointed, before entering on the duties of his office, besides 
the oath required of all civil officers, must take and 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 
things 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 carefully ex- 
amine each, and will to the best of my ability carry out all the 
requirements made upon me by the tax law. So help me God." 
He shall also at the same time give bond and security in a sum equal ^ ct f 2 i 863 " 4 ' 
to one-half of the amount of the State tax supposed to be due from 
the county for the year in which he shall give bond; the amount of 
said bond to be filled by the comptroller-general before being sent 
out to the several counties from the Executive office. 

8933. (919.) Liability of receivers, etc. Receivers and their sureties $$972, 027, 

© \ / iJ J 1 924,976. 

are liable on their bonds for all penalties or forfeitures they may in- 
cur under the law, and for all losses, or damage, or expense the 
State may sustain by reason of their conduct. 



934, 935 EIGHTH TITLE.— CHAP. 8, ART. 4, SECS. 2, 3. 262 



Duties of tax-receiver. Examination and correction of returns by grand jury. 



SECTION 2. 

DUTIES OF TAX-RECEIVER. 

Cobb, 1045. §934. (920.) Duties of receiver enumerated. It is his duty — 

Cobb, 1054. 1. To receive all returns of taxes within the time and in the man- 

Cobb, io57. ner prescribed by law. 

Cobb, i'o59. 2. To make out and perfect the three digests in writing and fig- 

p C 29o. 'ures plainly, legibly and neatly, and to properly deposit them. 

3. To give ten days notice in writing of the 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 al- 
lowed 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 taxpayer applies to 
give in. 

7. To embrace in his digest to the comptroller-general, the ordi- 
nary, 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 special action had 
in conformity to the laws. 

8. 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 assess upon the digests deposited with the ordinary the 
county taxes according to law, and the rate per cent, levied by said 
ordinary. 

10. To conform to such rules as he may be furnished with, and to 
obey such orders as may be given by the comptroller-general. 

11. To perform all other duties that the law requires, and which 
necessarily under the law appertain to his office. 

Tax-receiver bound to know law regulating his official duty : 92 Ga. 719. 



SECTION 3. 

EXAMINATION AND CORRECTION OF RETURNS BY GRAND JURY. 

Act ?08 874, §935. (923 b.) Grand jury shall inspect receiver's books. The tax- 
receiver in each county of this State, in each and every year, at the 
fall term of the superior court in his county, shall lay before the 
grand jury his returns for that year, of the taxable property in his 
said county, and the grand jury shall overlook the same, and when- 
ever they find an undervaluation, to correctly assess the same, ac- 



268 EIGHTH TITLE.— CHAP. 3, ART. 4, SEC. 4. §§986-941 



Tax-receiver's compensation. 



cording to the market valuation of the property, and return to the 
receiver his returns with the corrections which they have made. 

Railroad returns not subject hereto, but stand as made : 89 Ga. 594. 

§986. (928 c.) Corrected returns the guide for next year. When the Acts 1874, 
receiver shall receive his returns for the next succeeding year, and §§95i, 418. 
the corrected returns made by the grand jury, it shall be his guide 
for that year, and if the taxpayer shall return his property below 
the valuation made by the grand jury, the receiver and taxpayer 
each shall select an arbitrator, and these two shall select an um- 
pire to whom the question of valuation shall be referred, and their 
award shall be returned to the receiver, and shall be entered by him 
as the valuation of said taxpayer's property. 

§987. (928 d. ) These provisions to be given in special charge. The A D ct 1 s J 874 ' 
judges of the superior courts, at each fall term, shall give these 
provisions in special charge to the grand juries, that they may be in- 
formed of the duties therein imposed upon them. 

§988. (923 e.) Liquor-dealers to be returned by name. The receivers Acts^i878-9. 
of tax returns in this State shall return by name all persons or firms 
dealing in spirituous, vinous or malt liquors, intoxicating bitters, or 
other articles of like character. 

§989. (924.) Return forwarded to comptroller. The ordinary shall $ 829 - 
forward a copy of a defaulting taxpayer's corrected return, and affi- 
davit to the comptroller-general instanter, and retain the originals, 
for which he shall be entitled to one dollar from the taxpayer. 



SECTION 4. 



TAX-RECEIVER S COMPENSATION, 



§940. (926.) Receiver's pay, etc. The county shall pay the receiver §968(8). 
one-half of what the collector gets for collecting the county tax. 

Tax-receivt rs were not entitled to any commissions on the county tax : 19 
Ga. 611. 

§941. (808.) Defaidt and insolvent list. In netting the digest, the 
default list shall be deducted for the receivers, and the insolvent list 
for the collectors. 



942-945 EIGHTH TITLE.— CHAP. 3, ART. 5, SECS. 1, 2. 264 

Tax-collectors; election and oath. Tax-collectors' bonds. 



ARTICLE 5. 

TAX-COLLECTORS. 



SECTION 1. 

ELECTION AND OATH. 

$ 931 - §942. (927.) Election, commission of tax-collectors, etc. Tax-collect- 

ors are elected at the same time and in the same manner, for the 
same term of office, and are commissioned and qualified as tax- 
receivers. 

Tax-collector's term having expired, he is in office so long as he acts, and 
until successor qualifies : 92 Ga. 367. 

$931. §943. (928.) Vacancies, how filled. Vacancies are filled as they are 

in the office of receiver. 

$234. §944. (929.) Collector's oath. Before entering on the duties of his 

office, besides the 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 return of all defaulters, polls, professions, and all taxable 
property not found on the tax-receiver's digest, or not returned to 
the clerk of the superior court by the fifteenth of August, and that 
I will pay over all taxes collected by me, as required by law. So 
help me God." 



SECTION 2. 

tax-collectors' bonds. 
Acts 1863-4, §945. (930.) Amount of bonds and their conditions. He shall also 

p. 124. ° v ' . 

give bond and security for thirty-three and one-third per cent, more 
than the State tax supposed to be due from the county for the year 
for which said officer is required to give bond, the amount of the 
bond to be filled up by the comptroller-general before being sent out 
to the county from the Executive office; and shall give another bond 
with sufficient security, payable to the ordinary, conditioned for the 
faithful performance of his duties as collector of the county tax, in 
a sum to be fixed by such ordinary. 

It is not compulsory, but is discretionary as to a bond under the Act of 1821 : 
11 Ga. 207. Where the bond is void under the Act of 1821 : 18 Ga. 47. Securi- 
ties on a bond for the collection of the State tax are not liable to the ordinary 



265 EIGHTH TITLE.— CHAP. 3, ART. 5, SEC. 8. §§946-949 

Tax-collectors' duties. 

for failure of the collector to collect and pay over the county tax : 47 Ga. 639- 
642 ; section cited. As to a bondsman sharing fees with the collector, his prin- 
cipal being made to respond to another cosurety on the bond : 59 Ga. 644-647. 

§946. (931.) Approved by whom. Such bond for county taxes 
when given must be approved by the ordinary, filed in his office, re- 
corded in the book with other official bonds, and in all respects is 
an official bond. 

Sureties not released by ordinary's failure to approve and file the bond : 94 
Ga. 37. 

§947. (932.) Bond to be given, etc. Tax-collectors shall not collect ^obbfioes 
any portion of the county tax until such bond is given, and if they 
fail to give such a bond, or one satisfactory to such ordinary, he may 
appoint some competent person to collect the county tax. 

§948. (933.) Duty of person so appointed. When such an appoint- 
ment is made, the person appointed shall give such a bond as is re- 
quired 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. 



SECTION 3. 



tax-collectors' duties. 



§949. (934.) Collector's duties enumerated. It is the duty of the'oJbMfoe. 
tax-collector— ISob&s. 

Acts 1857 

1. To diligently collect and promptly pay over in the funds p . si. 
allowed by law the State and county taxes to the comptroller-gen- 
eral and the county treasurer, respectively. 

Cannot urge the invalidity of the order of the ordinary in reference to the 
tax, as an excuse for not paying over the money collected : 56 Ga. 290. 

2. To search out and ascertain as far as possible all polls and 
professions, and all taxable property not returned to the receiver or 
not found in his digests. 

3. To enter all of such defaults in a book kept for that purpose, Acts i862-s, 
to assess and collect thereon a double tax and pay the same over to 

the comptroller-general and county treasurer, respectively, after 
deducting single commissions, and to deposit said book with the 
comptroller-general, and a copy with the ordinary, 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. 



950 EIGHTH TITLE.— CHAP. 8, ART. 5, SEC. 3. 266 



Tax-collectors' duties. 



5. To issue executions against all defaulters and insolvents, and 
place them with the proper officer for collection. 

6. To give notice of the time and places of his attending to col- 
lect the taxes, and of the days he will be at the court-house, and 
there to attend during the time for collection required of the re- 
ceiver. 

7. To publish at the door of the court-house, for thirty days, his 
insolvent lists, including the taxes of each person thereon. To fur- 
nish to election-managers of the county lists of all persons who have 
not paid their taxes. 

8. To pay the receiver his commissions, upon the production 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 receiver's receipts, with his re- 
ceipts thereon, to the comptroller-general, before he shall be allowed 
credits for such commissions. 

9. To conform to such rules as may be furnished, and to obey 
such orders as may be given by the comptroller-general. 

Actsa878-9, io j n collecting the special tax that may be levied year after year 
on dealers in intoxicating bitters, or other articles of like character, 
and upon dealers of spirituous, vinous and malt liquors, or any other 
person liable to special tax, to report the name of the person or firm 
paying said tax, the amount paid, and the date of said payment, to 
the comptroller-general at the time of paying said special tax into 
the State treasury. 

A p Ct i2o 875, 11* T° i ssue executions against all tax defaulters who are residents 
of the counties in which said tax-collectors are holding their offices, 
for any and every year preceding and including the years for which 
they are elected, and to collect the tax due from said defaulters, and 
pay over the same to the proper authorities. 

12. To perform all other duties that the law requires, and which 
necessarily under the law appertain to his office. 

It is the duty of the collector, and not of the receiver, to make the assess- 
ment both for State and county purposes upon the taxable property of the 
county : 21 Ga. 206. 

$ 7 - §950. (935.) Collector's negligence no excuse to defaulting taxpayer. 

It is no excuse to any person for not paying his taxes as the law re- 
quires, that the collector should fail to advertise or fill his appoint- 
ments. 



267 EIGHTH TITLE.— CHAP. 3, ART. 5, SECS. 4, 5, 6. §§951-954 

Report to grand jury and comptroller. Bonds of collectors in certain counties. Weekly reports, etc 

SECTION 4. 

REPORT TO GRAND JURY AND COMPTROLLER. 

§951. (935a.) Statement of special taxes to grand jury . It shall be Act | 8 1878 * 9 ' 
the duty of the tax-collector of each county in this State to lay be-^^oS 6, 
fore the grand jury, on the first day of the term of each court, a full 
statement of all special taxes received by him for the six months 
immediately preceding said report, and to state fully the date of 
said payments, from whom received, and also the amounts received. 
And the judges of the superior courts of this State shall give this 
law in charge to the grand jury at each term of their respective 
courts. 

§952. (935 b.) Quarterly returns of special taxes to comptroller. It Act | 1878 " 9 ' 
shall be the duty of the tax-collectors of this State to make quar- 
terly returns to the comptroller-general, under oath, to be adminis- 
tered by any duly qualified officer, of all special taxes collected by 
them, except those given in and entered upon the receiver's digest, 
setting forth in said returns the names of all persons or companies 
paying such tax, when paid, for what purpose, and the amount 
thereof. 



SECTION 5. 

BONDS OF COLLECTORS IN CERTAIN COUNTIES. 

§953. Separate bonds. Each of the tax-collectors of such counties ^ioJ? 90 " 1 ' 
in this State as have a population of thirty thousand or more, shall 
enter into two bonds, one to the State for fifty thousand dollars, 
with good and approved security as now required by law, and one to 
the county in the sum of twenty-five thousand dollars, with like 
approved security, as now required by law, for the faithful per- 
formance of the duties of such tax-collector. 



SECTION 6. 

WEEKLY REPORTS IN SUCH COUNTIES. 

§954. Weekly settlement of amount due State. Whenever the tax- ^^J 890 " 1 ' 
collector, in any such county having a population of thirty thou- 
sand or more, collects State taxes to the amount of five thousand 
dollars, he shall at once pay the same over to the treasurer a3 now 
required bylaw; and shall also pay over all the taxes he may have col- 
lected during the week, on Saturday of each week, whether the same 



§§955-958 EIGHTH TITLE.— CHAP. 8, ART. 5, SEC. 7. 268 

Collector, when ex officio sheriff. 

amounts to five thousand dollars or not; so that no tax-collectors in 
said counties shall have or keep any of the money of the State in his 
hands for a longer period than one week. 
Acts i89o-i, §955. Amount due county. Said tax-collectors shall each pay 
over, from time to time, the county taxes to the proper county offi- 
cers, as now required by law, so soon as there is collected three 
thousand dollars; and if he fail to collect said sum during any week, 
he shall then pay over on Saturday all he has collected during said 
week. 

§956. Weekly duplicate reports. The tax-collector in each of such 
counties shall make duplicate weekly reports to the comptroller-gen- 
eral and the county authorities of the aggregate amount of taxes 
collected during said week, naming separately the amount of taxes 
collected for the State and the county, and shall swear that the 
same is a correct report of the taxes collected as aforesaid. 

Act | 9 1892 » §957. Reports of failure to discharge duty. If any of such tax-col- 
lectors fail or refuse to make said payment, or if he make a false re- 
turn, or if he fail or refuse to file such list as required, it shall be 
the duty of the comptroller-general, or the ordinary, or county officer 
having charge of the county affairs , as the case may be, to report 
said facts to the Governor, and it shall be the duty of the Governor 
to cause a notice to be served on said tax-collector, calling on him to 
show cause why he should not be removed from office, and if he fail 
to make a proper excuse within ten days, it shall be the duty of the 
Governor to remove him. 



SECTION 7. 

COLLECTOR, WHEN EX OFFICIO SHERIFF. 

Acts 1890-1, 8958. Collector ex officio sheriff in some counties . The tax-collectors 

p. 101. . . 

of counties which contain a population of seventy-five thousand or 
more, shall be ex officio sheriffs in so far as to enable them to collect 
the taxes due the State and county, by levy and sale under tax ex- 
ecutions; and said tax-collectors shall not turn over any tax execu- 
tions to the sheriffs, or to any other levying officials of the said 
State, except when it may become necessary, for the purpose of en- 
forcing the same, to send said executions to any other county or 
counties than that in which issued; but said tax-collectors, by virtue 
of their office, shall have full power and authority to levy all tax 
executions heretofore or hereafter to be issued by them in their re- 
spective counties; and the compensation of said tax-collectors shall 
not exceed fifty cents for issuing each fi. fa., and for levying and 



269 EIGHTH TITLE.— CHAP. 3, ART. 5, SEC. 8. §§959-963 

Execution-docket, receipt, and stub- book. 

selling the same fees as are now allowed by law to the sheriffs of 
said State; and said tax-collectors shall have full power to bring 
property to sale, and sales made by them shall be valid, and shall 
convey the title to property thus sold as fully and completely as 
if made by the sheriffs of said counties. 

§959. Levy under general law. All levies and sales made by the ^^j 890 " 1, 
tax-collectors as ex officio sheriffs, under the provisions of this Arti- 
cle, shall, as to the time, place and manner, and in all other re- 
spects, conform to, and be controlled by, the general laws of the 
State regulating sales under tax ft. fas. 

§960. Deputies. Tax-collectors in counties under the provisions ^fo^ 890 " 1 ' 
of this Article shall have power to appoint one or more deputies, 
who shall be vested with the same powers as to levy and collections 
as are vested in the tax-collectors; the said tax-collectors shall be re- 
sponsible for the acts of said deputies, and their compensation shall 
be paid by said tax-collectors. 



SECTION 8. 

EXECUTION-DOCKET, RECEIPT, AND STUB-BOOK. 

§961. Keep stub-book of tax receipts. The several tax-collectors of Act 6 s 6 1881 ' 5, 
this State shall keep a stub-book of tax receipts, and enter on the 
receipt and the stub attached thereto the name of each taxpayer in 
their respective counties, the amount of taxes assessed against him, 
and itemize the same, stating the amount due the State, county, 
poll-tax, or any other professional or special tax. 

Provisions directory and executive, valid : 86 Ga. 779. 

§962. Execution December twentieth of each year. They shall keep an ^f^ 884 " 5 ' 
execution-docket, and on the twentieth day of December in each year 
issue executions against each delinquent or defaulting taxpayer in 
their respective counties, unless further time is allowed as now pro- 
vided by law, and enter the names of such delinquent or defaulting 
taxpayers on said docket, together with an itemized statement of the 
taxes covered by such execution. 

§963. Receipt to be attached. When such executions have been ^ ct | 6 1884 * 5, 
issued, it shall be the duty of the officer issuing the same to clip from 
the stub the unsigned receipt of such taxpayer, and attach the same 
to the execution issued, and place said execution in the hands of 
some officer authorized by law to collect the same, and make an entry 
on his execution-docket of the name of said officer and the date of 
delivery. 

Provision requiring tax-collectors to attach unsigned receipt to tax execu- 
tion, directory: 86 Ga. 777. 



§§964-966 EIGHTH TITLE.— CHAP. 3, ART. 5, SEC. 8. 270 

Execution-docket, receipt, and stul>-book. 

Act 66 1884 " 5, §964. Duty of collecting officer. It shall be the duty of the officer 
into whose hand said execution is placed, to proceed at once to col- 
lect the same, and when said execution is paid by the defendant, vol- 
untarily or by levy and sale, it shall be the duty of said officer to 
detach from the execution the tax receipt and enter thereon the 
amount collected, including all costs and commissions, and also to 
make a similar entry on said execution, the receipt to be delivered 
by the officer to the defendant, and the execution to be returned to 
the tax-collector with the amount of tax collected, who shall at once 
copy the entry of the officer on his execution-docket and file said 
execution in his office. 

Act | 6 1884 " 5, §965. Docket to be submitted to grand jury. It shall be the duty of 
SJJjj 1 ' 935 ' the several tax-collectors of this State to submit their respective ex- 
ecution-dockets and cash-books to the grand jury of the spring term 
of the superior court of their respective counties, whose duty it shall 
be to thoroughly inspect the same and report thereon by general or 
special presentment. 
"*p Ct 66 1884 " 5 ' §966. Penalties. For a violation of any of the provisions of the 
five preceding sections, said tax-collector so violating shall forfeit all 
or such part of his commissions as the grand jury of the county shall 
recommend, and if he fails to pay over such penalty imposed, it 
shall be enforced against such tax-collector and his securities by the 
comptroller-general, as now provided by law against defaulting tax- 
collectors, with twenty per cent, penalty of the amount added thereto. 

General Note. — Where by mistake the tax-collector pays over money to 
the county treasurer, he can recover it back : 3 Ga. 90. The comptroller-gen- 
eral cannot issue an execution against a person assuming to act as tax-collector 
and his sureties: 3 Ga. 233. A tax-collector in default cannot take a home- 
stead as against the process of the State directed against him : 60 Ga. 76. Tax- 
collectors cannot urge as a defense the invalidity of the ordinary's orders 
levying the extra tax : 53 Ga. 191-194. 

Comptroller-general's execution against defaulting tax-collector and sure- 
ties leviable on homestead : 66 Ga. 119. 

Tax executions collectible for benefit of tax-collector are subject to all 
equities between him and defendant in fi. fa.: 83 Ga. 581. 

Tax executions not collectible for benefit of public by tax-collector's admin- 
istrator, but by his successor, or the sheriff: 83 Ga. 582. 

Tax-collector personally liable, and to what extent, where he coerces, by 
execution, payment of business tax by one not liable : 93 Ga. 12. 

Verdict and judgment against one "as tax-collector" sued individually, not 
void — such words descriptive only : 93 Ga. 13. 



271 EIGHTH TITLE.— CHAPTER 3, ARTICLE 6. §§967, 968 

Compensation of collectors and receivers. 



ARTICLE 6. 

COMPENSATION OF COLLECTORS AND RECEIVERS. 

§967. (936.) Pay of tax officers. The commissions to be allowed to Act | 8 1878 " 9 ' 
each receiver and collector of State and county tax shall be as fol-$ 940 - 
lows, viz.: 

On all digests for the first one thousand dollars .... 6 per cent. 
On all digests for excess over one thousand dollars to 

two thousand dollars 4 per cent. 

On all digests for excess over two thousand dollars to 

three thousand dollars 3 per cent. 

On all digests for excess over three thousand dollars to 

four thousand dollars 2j per cent. 

On all digests for excess over four thousand dollars to 

six thousand dollars 2£ per cent. 

On all digests for excess over six thousand dollars to 

eight thousand dollars 2^ per cent. 

On all digests for excess over eight thousand dollars to 

twelve thousand dollars 2 per cent. 

On all digests for excess over twelve thousand dollars 

to eighteen thousand dollars If per cent. 

On all digests for excess over eighteen thousand dollars 

to thirty-six thousand dollars !■£ per cent. 

On all digests for excess over thirty-six thousand dol- 
lars \\ per cent. 

Where school tax levied, tax-collector may retain his usual commissions; 
the tax must pay expense of its gathering: 87 Ga. 22. 

§968. (936 a.) Local laws changing commissions, repealed. 

1. All laws heretofore enacted by the General Assembly, fixing the A p ct f 5 * 878 " 9 ' 
commission of receivers of tax returns and collectors of taxes in cer-$ 973 - 
tain counties, different from the rates hereinbefore set forth, are 
repealed. 

2. And no tax-collector shall in any event receive any greater or 
different rate of commission or rate of payment for the collection 
of county taxes than he receives by this Article for collecting State 
taxes. 

3. The commission of tax-receiver, to be paid from county taxes, ^o. 
shall be one-half the amount allowed by this Article to tax-collectors 
for collecting county taxes. 



969-973 EIGHTH TITLE.— CHAP. 3, ART. 7, SECS. 1, 2, 3. 272 

Miscellaneous provisions; comptroller to make rules. Suit on bonds. Different persons, etc. 

ARTICLE 7. 

MISCELLANEOUS PROVISIONS. 



SECTION 1. 

COMPTROLLER TO MAKE RULES. 

§969. (937.) Comptroller-general to make rules for collectors and re- 
ceivers. The comptroller-general has authority to make all needful 
rules and regulations for the government of tax collectors and re- 
ceivers, and any other rules that may be necessary to insure the 
prompt and faithful execution of the tax laws, if not in violation of 
or inconsistent therewith. 

§970. (938.) Furnish collectors and receivers with the same. These 
rules, when made, shall be entered in a book in his office kept for 
that purpose, and be binding upon all successors until amended or 
repealed, copies of which shall be printed and furnished to receivers 
and collectors at the time of sending them the forms required. 

§971. (939.) May be published. They shall also be printed during 
the month of March every year in a public gazette published at the 
seat of government, if in the discretion of the comptroller he shall 
deem it beneficial. 



SECTION 2. 

SUIT ON BONDS. 

$ 927 8 r6 4 ' §972. (940.) Bonds may be sued on. Nothing shall be so construed 
414 - as to make the collector's and receiver's bonds not subject to be sued 

according to due process of law, but which is not to be done unless 

some emergency should make it necessary. 



SECTION 3. 

TAX-RECEIVER AND TAX-COLLECTOR TO BE DIFFERENT PERSONS. 

Acts 6 i878-s, §973. (940 a.) Tax offices separated. All local or special laws con- 

$$224,968. solidating the offices of tax-receiver and tax-collector in any of the 

counties in this State, are repealed, and the compensation of said 

officers shall be governed by the general laws of force in this State. 



273 EIGHTH TITLE.— CHAP. 3, ART. 7, SEC. 4. §§974-978' 

Record and lien of tax officers' bonds. 

SECTION 4. 

RECORD AND LIEN OF TAX OFFICERS' BONDS. 

8974. Tax officers' bonds, where recorded. In all cases where one or Acts i89o-i, 
more sureties on the bond or bonds of county treasurers, tax-collect- 
ors, or tax-receivers, shall own real estate in any county or counties 
other than the county in which such officers shall hold office, such 
bond, within thirty days after the execution thereof, shall be re- 
corded in the county or counties wherein such real estate is situated, 
by the ordinary of such counties, or if the fiscal affairs of such coun- 
ties are or shall be by law committed to a board of commissioners, 
such bond or bonds shall be recorded within thirty days after its 
execution by such board, in the book of record of bonds of county 
officers. 

§975. Bonds forwarded for record. After the bond of any such offi- ^ ct i l? 9 ° 1 ' 
cer shall have been accepted and recorded in the county in which 
such an officer holds such office, the ordinary or board of commis- 
sioners of such county shall forward the same to the ordinary or board 
of commissioners in each county in this State in which any one or 
more sureties on such bond shall own any real estate, and such ordi- 
nary or board of commissioners to whom such bond shall be sent 
shall record the same in accordance with the preceding section. 

§976. Third parties not affected unless bond recorded. As against p c . 104. * ' 
the interests of third parties acting in good faith and without notice, 933*414^' 
who may have acquired a transfer or lien binding the real estate of 972 ' 
any surety on the bond of any county treasurer, tax-collector, or 
tax-receiver in this State, situated in any county other than that in 
which such officer or officers shall hold such office, no such real es- 
tate of such surety or sureties shall be bound from the date of such 
bonds, unless such bonds shall have been recorded in such county. 
When such bond or bonds shall be recorded after the thirty days, the 
real estate of the surety or sureties thereon situated in any county 
or counties other than that in which such officer or officers shall hold 
such office or offices, shall be bound only from the date when such bond 
or bonds shall be so recorded. 

§977. Lien between parties unaffected. Nothing in preceding three ^J 51 ?^ 890 " 1, 
sections shall be construed to affect the validity or force of the lien of 
any such bond from the date thereof as between the parties thereto. 

§978. Directions by Governor, and costs of record. It shall be the Actaww-i, 
duty of the Governor to give written or printed directions to the or- 
dinaries and boards of commissioners of the various counties, upon 
the requirements of the four preceding sections, as other instructions 
and directions are now given in reference to the bonds of said ofrl- 
18 



§978 EIGHTH TITLE.— CHAP. 3, ART. 7, SEC. 4. 274 

Record and lien of tax officers' bonds. 

cers; and the costs of transmitting and recording said bonds shall 
be paid by the officer whose bond it is. 

General Note on Taxation. — On the subject of taxes generally : 8 Ga. 23. 
In laws imposing taxes if there be a doubt as to whether the intention of the 
act was to levy a tax, that doubt should absolve the taxpayer: 8 Ga. 23. 
State tax on imports held not invalid in this case: 14 Ga. 439. But see, there 
can be no State tax on exports : 60 Ga. 61. In the District Court of the United 
States an injunction was granted to prevent the collection by a revenue officer 
of an illegal assessment of taxes : 35 Ga. 315. Income of the Western and 
Atlantic Railroad is not subject to taxation : 35 Ga. 315. The right of taxation is 
in the sovereign, the State : 41 Ga. 331. Power of a de facto government to as- 
sess taxes only avails while it maintains its supremacy: 41 Ga. 331. Tax 
levied for educational purposes on liquor is not unconstitutional: 42 Ga. 416. 
See section 1519 et seq., for taxes upon retailers of spirituous liquors. On 
the Act of 1870 directing ordinaries to assess a tax to pay the salaries of the 
district judges and attorneys, where it was sufficiently definite: 44 Ga. 77. 
Non-residents not required by our law to pay taxes on notes held by them on 
citizens of this State: 44 Ga. 651. Whether a citizen of Georgia is liable to 
pay taxes on an open account due him by a non-resident: 45 Ga. 327, 328. A 
sale by an assignee in bankruptcy does not divest the State's lien for taxes: 
46 Ga. 412. The declaration must set forth the facts in a suit to recover back 
taxes said to have been illegally collected: 46 Ga. 272. When an injunction 
was granted because the tax fi. fa. had the first lien : 46 Ga. 458. Not a uniform 
tax, and an injunction was granted as against it : 47 Ga. 562. A municipal 
corporation so far as the right of taxation exists in it is a grant and is called a 
franchise, and a de facto government assessing a tax, afterward overthrown, 
cannot collect the tax : 41 Ga. 331. Injunction at the instance of taxpayers 
will not be granted, unless the acts of its officers are ultra vires, fraudulent 
and corrupt : 43 Ga. 67. See notes to sections 802 and 1538. City of Columbus 
could not assess tax to pay bonds except by legislative enactment : 25 Ga. 610. 
A legislative act rendering binding a subscription of the city of Columbus 
to the stock of certain railroads : 30 Ga. 845. Augusta's canal tax held valid : 
5 Ga. 561. Illegal tax enjoined as against the Georgia Railroad and Banking 
Company: 26 Ga. 651. A proceeding of the city council of Augusta should 
have been enjoined, in issuing a tax execution not having complied with the 
prerequisites: 31 Ga. 700. Injunction refused against a tax on gross sales, 
etc., by the city of Augusta: 37 Ga. 597. Where the city of Augusta could not 
assess a specific tax on the insurance and banking company itself, and not on 
its capital : 37 Ga. 620. No tax on notes held by and belonging to the residents 
of the town of Griffin on non-residents: 33 Ga. 113. The marshal of Griffin 
need not make entry of "no personal property" before he levies a tax fi. fa. on 
real property : 40 Ga. 39. The right of trial by jury does not apply to a tax- 
payer who refuses to pay his tax : 23 Ga.566. The superior court will not order 
the marshal of Atlanta to put a purchaser in possession of lands in the city 
sold by a former marshal for taxes : 40 Ga. 49. The town of Albany can only 
impose an ad valorem tax on horses or mules sold by drovers : 41 Ga. 21. That 
land in a city is used for agricultural purposes, is no ground for an injunc- 
tion of the tax on it : 53 Ga. 589. A physician of Savannah licensed by the 
State cannot be required under a penalty to take out license by the city : 36 
Ga. 460. Retailers of liquor in Savannah must pay license and also the special 
tax : 42 Ga. 596. There can be no set-off of illegal taxes paid in former years 
as against a tax execution for tax of later years : 56 Ga. 448. Ordinary cannot 



275 EIGHTH TITLE.— CHAPTER 4. §979 

Revenue from other sources. 

buy in at tax sales, nor can he pay city taxes on property purchased, out of 
the county funds : 51 Ga. 9. Taxes illegally assessed by the town of Jonesboro : 
63 Ga. 527. When cannot recover back taxes illegally yet voluntarily paid : 
61 Ga. 228-230. 

Protest accompanying voluntary payment of taxes to city will not author- 
ize recovery ; what must appear: 68 Ga. 119. 

See notes to section 767. 

Paragraph 18, section 2, general tax Act of 1889 and 1890, applies to any one 
buying and selling futures, though sales not completed by him : 86 Ga. 246. 

Local agent of non-resident dealers in futures, liable to punishment pre- 
scribed by general tax Act for 1889 and 1890: 86 Ga. 246. 

General tax Act of 1890, nor fourth section, unconstitutional as referring to 
more than one subject-matter, uniform, etc. ; "futures" dealer case : 92 Ga. 21. 

Board of equalizers ; Act of 1891 a general law and constitutional ; prior 
special acts void : 91 Ga. 117. 

Taxpayer cannot protect himself against legal demand for his taxes, by 
showing that another taxpayer has been assessed so as to make his taxes less 
than they should be : 89 Ga. 598. 

Meaning of term "doing cold storage business" in twenty-second clause, 
second section, general tax Act of 1890: 93 Ga. 12. 

Taxation is not a contract, nor does payment of a tax exempt a party from a 
future assessment : 75 Ga. 36. 

Legislature cannot impose pecuniary penalty for non-payment upon one class 
of taxpayers exclusively, nor subject one class to execution for taxes earlier 
than others : 87 Ga. 487. 

As to license tax imposed on railroads hauling sleeping-cars, etc., violating 
interstate-commerce clause of United States Constitution : 85 Ga. 650. 

See notes to section 5974. 

Tax fi. fa. must issue against owner of the property: 86 Ga. 602. 

Previous cases apparently contra reconciled and distinguished : 86 Ga. 600, 602. 

Tax fi. fa. must issue against owner ; excepted cases are those in which law 
authorizes them to issue against agent or occupant. Owner unknown, fi. fa. 
issues in rem against specific property taxed : 86 Ga. 600-602. 

Execution in personam can only sell that which defendant in fi.fa. owns: 
86 Ga. 600. 

General tax fi. fa. no warrant for selling property of a person who is not the 
owner, nor occupant, nor agent of either, and who has not returned it for tax- 
ation : 71 Ga. 810; 86/601; distinguishing 46 Ga. 412; 51/453; 79/799; 80/55; 
74/592. 

Failure to return property for taxation, effect on title: Simms vs. Tidwell, 
October term, 1896. 



CHAPTER 4. 

REVENUE FROM OTHER SOURCES. 

§979. (941.) State* 's revenue from other sources. The sources from 
which the State does or may derive revenue, other than by taxation, 
are as follows: 

1. The net earnings of the Western and Atlantic Railroad. 

2. Dividends on the bank-stock owned by the State. 



§§980, 981 EIGHTH TITLE.— CHAPTER 4. 276 

Revenue from other sources. 

3. Dividends or interests on the stock owned in the Main Trunk 
Railroad. 

4. Sale of State bonds at a premium. 

5. The use by individuals of any other property of the State. 

6. Receipts from military or other claims against the United 
States. 

7. Receipts from assets of the Central Bank and other old claims. 

8. Receipts on claims from tax-collectors or other officers for pre- 
vious years, which were in litigation or regarded as insolvent. 

9. Dues for the sale of reverted or other 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 librarian may re- 
ceive for official duties. 

$$5829,180. §980. (942.) Miscellaneous revenue. All the receipts from there- 
sources mentioned in the preceding section, all fees not specially 
awarded to any particular officer, all fines and forfeitures not other- 
wise disposed of, all moneys collected from any source or on any ac- 
count, to which the State is entitled, not otherwise directed, must 
be paid into the State treasury. 

$ 134 - §981. (943.) Fees to be paid to treasurer. The fees which officers 

are allowed to charge, and which, when collected, must be paid to 
the treasurer, are as follows: 

1. Those by the secretaries of the Governor: 

A grant for one hundred acres or under $ 1 00 

A grant for over one hundred acres or under three hundred 

acres . 2 00 

A grant for over three hundred acres or under five hundred 

acres 3 00 

A grant for over five hundred or under one thousand acres . 4 00 
A grant for one thousand acres and over, 1 per cent, per 

acre for every additional acre. 
Affixing the great seal of the State, by order of the Gov- 
ernor, to anything of a private nature 2 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 Department 1 00 

Certified copy of any record not more than three hundred 

words 1 00 

If more than three hundred words, per one hundred words 10 

2. Those by the secretary of State: 

For a grant of land and affixing the seal thereto, the same 
as is allowed the secretaries of the Governor, according 
to the number of acres. 



277 EIGHTH TITLE.— CHAPTER 4. §981 

Revenue from other sources. 

For registering each grant $ 50 

For registering bond or other similar writing 1 00 

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 grant of land 1 00 $ 180 - 

For a certified copy of any other paper not of more words . 1 00 

For more words, per hundred 10 

For every search per request 25 

For granting charters to railroad companies 100 00 ^f^ 1894 ' 

For granting charters to insurance companies 100 00 

For granting charters to banking companies 50 00 

For granting charters to express companies 100 00 

For granting charters to canal companies 100 00 

For granting charters to telegraph companies 100 00 

For granting charters to navigation companies 100 00 

Renewing charters to railroad companies 100 00 

For granting charters to purchasers of railroads 50 00 

Renewing charters to insurance companies 100 00 

For renewing charters to banking companies 100 00 

For renewing charters to express companies 100 00 

For renewing charters to canal companies 100 00 

For renewing charters to telegraph companies 100 00 

For renewing charters to navigation companies . 100 00 

For amending charters of banking companies 25 00 

For amending charters of insurance companies 25 00 Acts^i894, 

For amending charters of railroad companies 25 00 

For amending charters of canal companies 25 00 

For amending charters of navigation companies 25 00 

For amending charters of express companies 25 00 

For amending charters of telegraph companies 25 00 

For recording trade-mark 1 00 

For granting charters to street or suburban railroad com- 
panies 50 00 

For renewing charters of street or suburban railroad compa- 
nies 25 00 

For appointing commissioners of deeds 5 00 

3. Those by the treasurer: 

For every extract or copy from any book, minutes, or file 

of office, not more than three hundred words $ 1 00 $$188,197. 

For every additional one hundred 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 

office, not more than three hundred words $ 1 00 



§§ 982-984 EIGHTH TITLE .—CHAPTER 5. 278 

State depositories. 

For every additional one hundred words $ 10 

For every search by request 10 

5. Those by secretary of State or surveyor-general: 

For examining a plat $ 50 

For recording a plat 1 25 

For recording a plat of a town, township, or village .... 10 00 

$i8i. Transmitting a caveat to Governor, and attending thereon . 1 00 
Certified copy of any original record not more than three 

hundred words 1 00 

For every additional one hundred words 10 

Certified copy of an original warrant 50 

Issuing a certificate of record 50 

For every search per request 25 

$150. q Those by the librarian: 

Certifying to the existence or contents of any manuscript, 

map, or other document intrusted to his keeping . . . .$ 1 00 

Furnishing copies of his catalogue of books 50 



CHAPTER 5. 

STATE DEPOSITORIES. 

^ ct 24-29 8 ' §982. State depositories provided for in various cities. The Governor 
1889' p' 54' sna U name and appoint a solvent chartered bank of good standing 
1892, pp. 54, an( ^ credit in each of the following cities, to wit: In the cities of At- 
I895 V21 7 ' lanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Amer- 
$198(4). icus, Albany, Hawkinsville, Gainesville, Griffin, LaGrange, Thomas- 
ville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, 
Dawson, Cordele, Marietta, Richland, Millen, Warrenton, Carroll- 
ton, Elberton, Monticello, Fort Gaines, Cedartown, Jackson, Har- 
mony Grove, Thomaston, Covington, Blackshear, Waycross, Bruns- 
wick, Forsyth, Jefferson, Washington, Quitman, and Greenville, 
which shall be known and designated as State depositories. 

State depositories are not public officers : 72 Ga. 501, 511. 

Acts 1878-9, §983. (943 b.) Selection of State depositories, etc. Said State de- 

1895, p. 22. positories shall be appointed for the term of four years from the 

date of their appointment, and shall be liable to be removed by the 

Governor in his discretion for any neglect of their official duty, and 

they shall receive no salary or fees from the State of Georgia. 

These banks are not public officers : 72 Ga. 501. 

^ ct | 8 1878 " 9 ' §984. (943 b.) Contracts as to interest to be paid. The Governor 
S2? 58% sna H make with depositories the most advantageous contracts for in- 
terest to be paid by them to the State for the use of the State's 



279 EIGHTH TITLE.— CHAPTER 5. § 985 

State depositories. 

money which may be deposited therein, as hereinafter provided by 
this Chapter. And in the event any depository so named shall re- 
fuse to make satisfactory contract with the Governor as to interest 
to be paid, he shall have authority to remove such depository 
and appoint another. In the event only one bank is situated in any 
city designated as a legal depository, the Governor can place depos- 
its in the depository nearest situated with whom a satisfactory con- 
tract has been made: Provided, that no officer of this State shall be 
allowed to receive any commission, interest, or reward to himself 
from any source for the depositing of such money in such deposi- 
tories, or for continuing such deposits. But the receiving of any 
such benefit by any officer shall be felony. 

§985. (943 d.) Depositories to give bond. Each of said depositories ^ ct f 8 * 878 " 9 ' 
shall, before entering upon the discharge of their duties by their $ m 
proper officers, execute a bond with good and sufficient securities, to 
be approved by the Governor, in a sum of fifty thousand dollars. 
Said bond shall be conditioned for the faithful performance of all 
such duties as shall be required of them by the General Assembly 
or the laws of this State, and for a faithful account of all the public 
money or effects that may come into their hands during their con- 
tinuance in office. Said bond shall be filed and recorded in the Ex- 
ecutive office, and a copy thereof, certified by one of the Governor's 
secretaries, under the seal of the Executive Department, shall be re- 
ceived in evidence in lieu of the original in any of the courts of this 
State. And said bonds, when given, shall have the same binding 
force and effect as the bond now required by law to be given by 
State treasurers, and, in case of default, shall be enforced in like 
manner. 

Bond here complied with the law: 72 Ga. 501. 

Lien of bond extends to choses in action, and dates from execution of bond. 
Fi. fa. issued by Governor instanter as on treasurer's bond : 66 Ga. 609. 

This bond a lien on property of the bank and the securities, as by section 189 : 
72 Ga. 511. 

Bond enforced by Governor issuing execution as in section 190: 72 Ga. 511. 

Such bond is a lien on property of principal and sureties from time of its 
execution, and everybody is bound to tak.e notice: 79 Ga. 159. 

Surety not relieved because Governor selected bank as solvent, and surety 
signed relying on this fact, whereas bank was insolvent ; State takes bond for 
its security, and does not guarantee bank's solvency to sureties: 72 Ga. 517. 
Nor is surety relieved by Governor's false representation of bank's solvency, 
which induced him to sign, nor because bank did not make proper returns to 
Governor, and was not removed as depository : 72 Ga. 517, 518. 

Sureties not required to justify, and such affidavits exhibited to one surety 
but unknown to Governor, not relieve him : 72 Ga. 518. 

Surety's name forged, State has no lien on his property : 72 Ga. 515. 

Surety liable though name of another surety, whose signature he required 
was forged : 72 Ga. 518. 



§§986-988 EIGHTH TITLE.— CHAPTER 5. 280 

State depositories. 

President signing as surety, not relieved from liability because other sure- 
ty's name was forged. Nor could purchaser from him urge such forgery: 72 
Ga. 501. 

Bond to be obligatory need not be actually recorded in Executive office : 72 
Ga. 518. 

Not necessary to enter filing and recording on bond, but recited by Governor 
under State seal sufficient, unless overcome: 72 Ga. 502. 

Surety must see that bank accounts for all public money or effects received 
by it, whether taxes or not : 72 Ga. 518. 

Purchaser of property from president of bank, charged with notice that he 
was surety on bond : 72 Ga. 501. 

Change of stockholders not affect corporate existence : 72 Ga. 518. 

Actsms, §986. When Governor may appoint new depositories. Whenever 
from any cause the State depositories in any locality shall cease 
to operate, it shall be the duty of the Governor to make another 
appointment, either to fill out the unexpired term or to enter upon 
a new term of four years, as the case may be. Said newly ap- 
pointed depository shall have all the powers, perform all the duties, 
and be subject to all the liabilities prescribed for State depositories, 
and shall furnish a like bond in which each of the sureties shall 
bind themselves for the entire amount of the bond. In selecting 
any depository, the Governor shall not be confined to banks char- 
tered by the State, but may, if he deem it best, select any bank 
chartered under the national bank Act of the United States, doing 
business in this State. 

^tm 82 ' 3 ' §987. Treasurer to advise Governor of financial condition of State 
depositories. It shall be the duty of the treasurer to keep advised, 
and to keep the Governor advised from time to time, of the finan- 
cial condition of the various State depositories, as well as of the 
financial condition and standing of the securities on the bonds of 
such depositories, and if at any time they should become satisfied 
of the insolvency of any of the depositories, or that the affairs of 
any of said depositories are in an embarrassed condition, it shall be 
the duty of the Governor to direct the treasurer to withdraw the 
money of the State from such depository, and the Governor may 
declare the position vacant and may proceed to appoint another 
bank in the same locality to act as such depository for the unex- 
pired term under the rules and regulations prescribed by law. In 
case the Governor should be advised of the insolvency of the secu- 
rities on the bond of any of said depositories, it shall be his duty to 
notify such depository to strengthen said bond, and if at the end of 
ten days said bond is not strengthened, the Governor shall declare 
said office vacant, and proceed to fill the same by new appointment. 

Acts 1882-3, §988. Sureties, how relieved. Any surety on the bond of a State 
depository desiring to be relieved from said bond may give notice in 
writing to the Governor of such desire, with the reasons therefor, 



281 EIGHTH TITLE.— CHAPTER 5. |§ 989-992 

State depositories. 

and the Governor shall have authority, in his discretion, to relieve 
such surety: Provided, the consent of the cosureties be first ob- 
tained in writing: And provided further, that the principal will fur- 
nish a new surety to take the place of the surety relieved, who will 
assume all his liabilities for past and future transactions. 

§989. Amount of State's deposit limited to amount of bond of deposi- A p t f 3 5 803, 
tory. The treasurer of this State shall not deposit at any one time, 
or have on deposit at any one time in any one of the depositories 
of this State for a longer time than ten days, a sum of money be- 
longing to this State that exceeds the bond given by said depository 
to the State. The treasurer shall check from any depository the 
amount of the State's money that said depository holds in excess of 
its bond, and pay the sum into the treasury: Provided, that a State 
depository may be allowed to hold a sum greater than fifty thousand 
dollars, but not in excess of one hundred thousand dollars, upon 
such depository giving a new bond to cover the maximum amount 
to be deposited with it, and when such new bond has been executed 
and delivered to the Governor the old bond shall be discharged and 
surrendered, and whenever a national bank is selected as a State de- 
pository the amount of the bond shall be double the amount of 
money to be deposited with it. The bond to be made by the State 
depositories may be a personal bond or may be made by a deposit 
with the State treasurer of United States bonds or Georgia State 
bonds, or either one or both of said methods. 

§990. Monthly statements of depositories. Depositories shall render 
to both the Governor and the treasurer such monthly statements as 
they are now required by law to make to the treasurer. 

§991. Governor authorized to sell bonds of defaulting bank. When- A f ^y 880 ' 
ever any bank which has been made a State depository, and has de- 
posited bonds, shall fail to faithfully perform such duties as shall 
be required of them by the General Assembly or the laws of this 
State; or shall fail to faithfully account for all the public moneys 
or effects that may have come into its hands during its continuance 
in office, the Governor shall sell a sufficiency of said bonds to reim- 
burse the State the amounts due by the State depository on account 
of such default. 

§992. (943 e.) Funds subject to check, etc. Said depositories shall Act | 8 1878 " 9 ' 
hold all funds received by them for and on account of the State, 
subject to the check or order of the State treasurer, and shall ren- 
der to the State treasurer, on the first day of every month, a state- 
ment of the money on hand belonging to the State, showing the 
time when, and from whom, received, together with a statement 
and balance-sheet showing the exact condition of its account with 
the State treasurer on that day; and whenever any tax-collector 



§§998-995 EIGHTH TITLE.— CHAPTER 5. 282 

State depositories. 

shall make a deposit in said depositories, they shall give to said tax- 
collector a receipt, which shall be a good and sufficient voucher to 
said collector, and they shall mail to the State treasurer a duplicate 
of the receipt so given to said tax-collector, and so soon as the treas- 
urer shall receive said duplicate receipt, he shall issue his certificate 
in favor of the depositing tax-collector, and transmit the same to 
the comptroller-general, who shall pass the amount therein men- 
tioned to the credit of said tax-collector, and at once mail to him a 
receipt for said amount. 

Act | 8 1878 * 9 ' §993. (948 c.) Tax-collectors may pay funds at depositories. The 
Governor shall, at the time of appointing the State depositories, 
make a list of the counties whose tax-collectors shall be instructed 
to pay State funds into each depository, and said tax-collectors 
shall pay into no other depository than the one named by the Gov- 
ernor; and the Governor shall also make known the apportionment 
of counties by a proclamation duly published in the city where such 
depository is located, giving the name of the depository, and the 
names of the counties whose tax-collectors shall be instructed to 
pay into said depository all moneys collected by them for and on 
account of State taxes. 

Actsu878-9, §994. (943 f.) Tax officers may also pay at treasury . Nothing con- 
tained in this Chapter shall be construed to prevent tax-collectors 
from paying State funds directly into the State treasury. And it 
shall not be lawful for the State treasurer to deposit such funds in 
any bank or other depository except those established under this 
Chapter, and he shall, by check or other proper means, draw from 
said depositories such amounts only, and at such times only, as the 
necessities of his department may require. 

Treasurer may make other deposits than taxes: 72 Ga. 518. 

A p Ct eo! 8789, §995. (943 g.) Treasurer's bond not affected. Nothing contained in 
this Chapter shall be held, taken or construed as affecting, altering, 
or changing the provisions of existing laws as to the bond of the 
State treasurer. 

General Note. — Act of 1878 not violative of Constitution as containing more 
than one subject-matter, or matter different from caption : 66 Ga. 609. 



283 NINTH TITLE.— CHAPTER 1. §§996-1002 

Public debt. 



NINTH TITLE. 

Public Debt. 



CHAPTER 1. 



PUBLIC DEBT, 



§996. (944.) Bonds and certificates, how authenticated. All bonds S$i82, 5888, 
or certificates of the State for the State debt must be authenticated 
by the signature of the Governor, the secretary of State, and stamped 
with one side of the seal of the State, to wit, that side which has on 
it the motto, "Wisdom, Justice, and Moderation." 

§997. (945.) Amounts of , and how payable. They shall be, unless 
otherwise specially ordered by the General Assembly, in sums of five 
hundred and one thousand dollars each, payable in twenty years 
after their date, bearing interest at six per cent, per annum, which 
interest is payable semi-annually by coupons thereto annexed. 

§998. (946.) Coupons, hoiv signed and paid. They may, before or 
after issued, be presented to the State treasurer, who shall sign, in 
his official capacity, all the coupons thereto attached, which then 
may be paid at maturity by the treasurer without the presentation of 
the bond, or further warrant or authority. 

§999. (947.) When unsigned not to be paid. If coupons are not thus 
signed, they shall not be paid unless accompanied by the bond to 
which they belong, and before payment shall be by the treasurer de- 
tached. 

§1000. (948.) Public debt, when paid. The principal and interest 
shall be made payable at such place in this State or other of the 
United States as the Governor may in his discretion direct, and he 
may direct the principal payable at one place and the interest at 
another. 

§1001. (949.) Bonds payable out of the State may be exchanged. 
Where citizens of this State become possessed of State bonds paya- 
ble out of this State, the Governor may give in exchange 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. 

§1002. (950.) Bonds taken up not to be reissued. When such ex- 
change occurs, the original bonds so taken up shall not be reissued 



§§ 1003-1009 NINTH TITLE.— CHAPTER 1. 284 

Public debt. 

on any account whatever, unless specially provided for by the Gen- 
eral Assembly. 

Acts^i878-9, §1003. (951.) Lost bonds or coupons. When any bond and coupon, 
or coupon, shall be lost, mutilated, or destroyed, the Governor may 
issue to the holder a new bond, with proper coupons attached; or if 
coupon alone be lost, mutilated, or destroyed, he may direct the 
treasurer to issue new coupons in lieu of such coupons as may be 
lost, mutilated, or destroyed. 

A p Ct 58 1878 " 9 ' §1004. (952.) New bonds, how obtained. When mutilated, the 
mutilated bond, or coupon, must be surrendered; when lost or de- 
stroyed, the holder must make affidavit of such fact, that they were 
his, in his own or some other right, at the time of the loss or de- 
struction; if lost, that he has made diligent search without avail, 
and despairs of ever finding them. 

§1005. (953.) Bond and surety to be given. Having made such 
affidavit, he shall then, before receiving the new bond, or coupon, 
give bond and surety to the Governor in a sum double the amount 
of the bond and coupon, or coupons alone so issued, as the case may 
be, conditioned to save the State harmless on account of issuing 
such new bond and coupon, or coupons only, as the case may be. 

Acts 1866, §1006. (954.) New bonds in lieu of those stolen. The Governor is 
authorized to issue a new bond or bonds in lieu of a bond or bonds 
of the State which may have been stolen, upon the holders making 
affidavit as provided for: Provided, said holders may have given or 
shall give twelve months notice of the loss or theft of said bonds, 
fully describing the same, at the treasury of the State, at least 
twelve months prior to the time when said new bonds may be or 
shall be issued: Provided, that no new bond shall be issued for or in 
lieu of any lost or stolen bond until the owner of such bond shall 
first give to the State a bond with security, to be approved by the 
Governor for the time being, fully indemnifying the State against 
the payment of the bond so lost or stolen. 

§1007. (955.) Bonds, etc., when paid, how disposed of. When bonds 
or coupons are paid, they must be stamped as paid, and preserved 
in the treasurer's office with the same care as the funds of the State. 
§1008. (956.) Appropriations for bonded debt. An amount of money 
stands annually appropriated sufficient to pay the principal and in- 
terest of any bonded debt of the State becoming due during the 
year. Any surplus in the treasury after allowing for all the annual 
charges against it, including such claim, is likewise appropriated to 
the same object. 

§1009. (958.) Governor may apply surplus. Whatever amount 
may remain from the appropriations contained in the two preceding 
sections, more than enough to pay such debts, may be applied, by the 



285 NINTH TITLE.— CHAPTER 1. §§ 1010-1013 

Public debt. 

order of the Governor, to redeeming 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. 

§1010. (959.) Bonds redeemed before due. All bonds redeemed be- 
fore maturity must be by the Governor annually reported to the 
General Assembly, particularly described, and the terms upon which 
they were so redeemed. 

§1011. (959 a.) Registration of State bonds. Any holder of the 
bonds of this State, whether in his own right or in a fiduciary 
capacity, may have the same registered at the office of the State 
treasurer upon application and presentation of said bonds to the 
treasurer as hereinafter provided. 

§1012. (959b.) Booh of registration. It shall be the duty of the $200. 
treasurer to procure and provide, at the expense of the State, a suit- 
able book or books in which, upon application and presentation of a 
bond or bonds as aforesaid, he shall enter, in a manner to be of 
easy and ready reference, a description of said bond or bonds, giving 
number, series, date of issue, denomination, by whom signed, and 
such other data as may be necessary for the ready identification 
thereof, together with the name of the person registering the same, 
the character or capacity in which such person holds said bond or 
bonds, and for whose benefit the same is or are registered. And the 
said treasurer shall enter upon each and every bond so registered as 
aforesaid, the date of said registration, by whom registered, and in 
what character or capacity, and shall sign said entry officially; and 
shall cut, with a stamp prepared therefor under the direction of the 
treasurer, the letter "R" in the face of said bonds so registered, 
and such person or persons having such bond or bonds so registered 
shall be required to pay to the treasurer the sum of fifty cents for 
each bond so registered, which said registry fee shall be paid into 
the treasury by the said treasurer. 

§1013. (959c.) Registered bonds, how transferred. None of said 
bonds shall, after such registration, be negotiable by delivery, but 
said bonds may nevertheless be negotiated or transferred by the 
person in whose name they are registered, by reregistration in the 
name of the person to whom the same are to be transferred or 
negotiated. 

General Note. — Act of March 2d, 1875, requiring past matured bonds to 
be registered within five months, etc., held constitutional: 68 Ga. 711, 716. 



§§ 1014-1018 



TENTH TITLE.— CHAPTERS 1, 2. 



286 



Public property ; public buildings. Land owned by the State. 



TENTH TITLE. 



Public Property. 



CHAPTER 1 



PUBLIC BUILDINGS. 



Acts 1870, 

pp. 494, 

495. 
Acts 1870, 

pp. 503, 

455. 
$5931. 



Acts 1892, 
p. 95. 
1882-3, p. 18 
1884-5, p. 27 
1888, p. 14. 



§1014. (960.) Buildings owned by the State. The buildings and 
those appurtenant thereto belonging to the State, are — 

The State capitol, at Atlanta. 

The Governor's mansion, in the city of Atlanta. 

The State arsenals at Milledgeville and Savannah, donated by 
Act of 1870; the Deaf and Dumb Asylum at Cave Spring; the Luna- 
tic Asylum near Milledgeville; the penitentiary at Milledgeville; 
the buildings of the Western and Atlantic Railroad. 

The old capitol and Executive mansion at Milledgeville, with the 
ground attached to each. 

§1015. (961.) Partly owned by the State . The State has an interest 
in — 

The University of Georgia, at Athens. 

The Asylum for the Blind, at Macon. 

The buildings of the Technological School and of the other branch 
colleges. 

§1016. (1016.) Library, arsenals, and other property. The State 
owns the library at the capitol, the furniture and contents of her 
various public buildings, and the public arms, munitions, and ac- 
coutrements of war in her arsenals and in the charge of her several 
volunteer companies. 

§1017. Use of capitol . The use of the capitol building and grounds 

• shall be limited to the legitimate departments of this State, and to 

State and national political organizations, and the keeper of public 

buildings and grounds shall not grant the use of either the capitol 

or grounds for any other uses. 



CHAPTER 2. 

LAND OWNED BY THE STATE. 



Acts 1889, 
p. 171. 
$5900. 



§1018. (962.) Lands owned by the State. 
specially reserved to the State are — 



The lands heretofore 



287 TENTH TITLE.— CHAPTERS 3, 4. §§ 1019, 1020 

Stock owned by the State. The Western and Atlantic Railroad and its government. 

The lands known as the "Mcintosh Reserve," on which is situated^ 3223 " 3242 - 
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 Chattahoochee river at Mcin- 
tosh Ferry; one mile square at Marshall's Ferry on Flint river, in- 
cluding the ferry; five miles square on Chattahoochee river at Cus- 
seta Falls, including the falls; all islands contained in any of the 
navigable waters not disposed of, and the western bank of the Chat- 
tahoochee river to high-water mark, where it forms the boundary be- 
tween Georgia and Alabama; the lots whereon all the public buildings 
of the State are erected; the fractional parts of surveys created by 
the different land divisions which are not granted or otherwise dis- 
posed 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 city of Chattanooga. 

City of Atlanta cannot take lands owned by State for a street : 53 Ga. 120- 
123. 

State's agent not compelled to go beyond Indian Spring Reserve and keep up 
roads between boundaries and highway to facilitate public access : 78 Ga. 547. 



CHAPTER 3. 

STOCK OWNED BY THE STATE. 

§1019. (1013.) Stock owned by the State. The State owns the fol- 
lowing stock: 

In the Georgia Railroad and Banking Company, one hundred and 
eighty-six shares. 

In the Southern and Atlantic Telegraph Company, indorsed by 
Western Union Telegraph Company, four hundred and forty shares. 



CHAPTER 4. 

THE WESTERN AND ATLANTIC RAILROAD AND ITS GOVERNMENT. 

§1020. (963.) Western and Atlantic Railroad property of the State. ^U? 89 ' 
The railroad communication from Atlanta, in Fulton county, toJ^J;^' 
Chattanooga, on the Tennessee river, is the property of this State** 8 ' 268, 
exclusively, and shall be known as the Western and Atlantic Rail- 
road. 

What is the relation of the State, so far as her interest is concerned, to the 
Western and Atlantic Railroad? 54 Ga. 635. 



§§ 1021-1025 TENTH TITLE .—CHAPTER 4. 288 

The Western and Atlantic Railroad and its government. 

$$5900,3, §1021. (964.) Relation of the State to the Western and Atlantic Rail- 
road. The State occupies the same relation to said road, as owner, 
that any company or incorporation does to its railroad, and the ob- 
ligations of the State to the public concerning said road, and of the 
public to said road, are the same as govern the other railroads of this 
State, so far as is consistent with the sovereign attributes of this 
State, and the laws of force for its conduct. 

When the State engaged in the carrying business on the Western and At- 
lantic Railroad, it assumed obligations and liabilities incident to that business 
as when carried on by individuals, and the remedy against it is by suit against 
the superintendent of the road when the claim is not otherwise adjudicated: 
28 Ga. 180. The plaintiff in such suit is not restricted to the amount claimed 
when he presented his account to the superintendent for settlement ; he re- 
covers according to his proof under the law : 28 Ga. 180. 

$3. §1022. (965.) Road laivs and penal laws apply to Western and Atlantic 

Railroad, proviso. All the public-road laws and penal laws touching 
the railroads of this State, whether to obligate or protect, apply to 
the State road, unless specially excepted, or some other provision is 
prescribed in lieu of some one or more thereof. 

The Act of 1856 (Cobb, 154) does not apply to the Western and Atlantic 
Railroad : 23 Ga. 436. The Western and Atlantic Railroad is subject to the 
same liabilities for damages as other railroads : 34 Ga. 424. Section cited and 
construed : 53 Ga. 124. 

Acts 1862-3, §1023. (966.) Laws applicable to Western and Atlantic Railroad. 

$$8,io2o. All laws of force regulating the liability of railroad companies in 
this State for damages done by the running of locomotives, cars, 
and other machinery, are hereby declared to apply equally to the 
Western and Atlantic Railroad; and in the bringing of all suits 
against the Western and Atlantic Railroad, the same shall be reg- 
ulated by the laws in existence on that subject at the time of the 
adoption of this Code. 

Where the damage for which the suit was brought was received before the 
adoption of the Code: 40 Ga. 416. What action maintainable under this sec- 
tion by the widow of an engineer killed by the colliding of two trains : 34 Ga. 
422. 

Act 62 1857, §1024. (967.) Preceding laws of force. All laws heretofore enacted 
having a special or local application to said road, and in force at the 
time of the adoption of this Code, are kept in force, unless herein 
repealed expressly, or by implication. 

Section cited ; the remedy against the superintendent and officers of the 
Western and Atlantic Railroad is the same as against tax collectors and re- 
ceivers : 46 Ga. 350-360. 

Act iio 851 " 2 ' §1025. (968.) Superintendent appointed by Governor. The princi- 
1865, p. 249. p a i officer of said road shall be styled the superintendent, who is ap- 
pointed by the Governor, and holds his office during his term, unless 



289 TENTH TITLE.— CHAPTER 4. §§ 1026-1028 

The Western and Atlantic Railroad and its government. 

sooner removed at his pleasure. The salary of the superintendent 
shall be five thousand dollars per annum. 
He is not subject to garnishment : 37 Ga. 240. 

§1026. (969.) To give bond and security. Before entering on the 
duties of his office, he shall give bond and security, to be approved 
by the Governor, in the sum of twenty thousand dollars, which shall 
be filed in the office of the comptroller-general and recorded therein. 

§1027. (970.) To take oath. He shall also, at the same time, be- $234. 
sides the oath required of all civil officers, take and subscribe before 
the Governor the following oath, which shall be filed in the Execu- 
tive office: "I, , swear that I will faithfully and impartially 

perform all the duties of my office; that I will make no appoint- 
ment nor do any act from fear, favor, reward, or the hope thereof, 
but in all things I will be governed solely with regard to the inter- 
est 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." 

§1028. (971.) Powers of superintendent. The superintendent has Ac tsi85i-2, 
authority — 

1. To conduct all the operations of said road connected with its 
repairs, equipment, and management, including its financial affairs. 

2. To appoint or remove all the subordinate officers, subject to 
the approval of the Governor, except the auditor and treasurer. 

3. To fix the rate of passage and freight, and to make all neces- 
sary arrangements touching such rates and other business with other 
railroads. 

4. To contract for and purchase machinery, cars, materials, work- 
shops, and all other contracts necessary for the general working and 
business of said road, not exceeding three thousand dollars, and over 
that amount subject to the approval of the Governor in writing. 

Section cited and construed : 62 Ga. 198-200. 

5. To make contracts with the government of the United States, 
with the consent of the Governor, for the transportation 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 the State on account of said 
road, and defend all brought against the road. 

9. To make all necessary rules for the proper conduct of the busi- 
ness of the road and the enforcement of discipline. 

19 



1029-1031 TENTH TITLE.— CHAPTER 4. 290 

The Western and Atlantic Railroad and its government. 



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 show accurately its fiscal affairs. V 

12. To have settlements weekly with all fiscal agents of said road 
for all money received by them, by himself or through some author- 
ized 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 draw his warrant on the treasurer in favor of claimants 
according to the law. 

15. To sue and cause all moneys belonging to or collected on ac- 
count 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 comply with 
all the requisitions of the law. 

17. To make out and transmit to the Governor a quarterly state- 
ment exhibiting the receipts and expenditures of the road, and once 
every year a full statement of all the transactions of the road in de- 
tail, which report shall be published in one or more of the public 
gazettes at the city of Atlanta. 

Acts 1851-2, §1029. (972.) Rules to be recorded, printed, and furnished to officers. 
The rules adopted by the superintendent for the government of said 
road shall be recorded in a book kept for that purpose, shall 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 alterations thereof. 
Parol evidence of: 28 Ga. 111. 

§1030. (973.) Force of said rules. Such rules 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, when not in- 
consistent with the law. 

This section referred to : 35 Ga. 107. 
Acts^issi^, §1031. (974.) Suits against Western and Atlantic Railroad. All suits 
against the road must be brought against the superintendent in his 
official capacity, in the county of Fulton, where the office of said road 
is located, except in those cases of claims where, by the law, other 
roads 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, 



291 TENTH TITLE.— CHAPTER 4. §§ 1032-1038 

The Western and Atlantic Railroad and its government. 

Under the Act of 1851-2, a rejection of a claim by the late chief engineer 
did not entitle the party to sue the superintendent: 19 Ga. 543. Suit against 
the Western and Atlantic Railroad for loss of tobacco shipped on said road 
should be brought against the superintendent in Fulton county, where the 
office was located : 34 Ga. 543. 

§1032. (975.) Demand necessary before suit brought. No suits shall 
be brought against the superintendent until a demand has been made 
upon him for payment, accompanied by a statement of the nature of 
the claim, and ten days shall be allowed the superintendent to pass 
upon such claim before suit shall be brought. 

Demand on the superintendent is a condition precedent : 19 Ga. 544, 545. 
Plaintiff in a suit is not restricted to the amount demanded, but may recover 
according to the proof : 28 Ga. 180. 

§1033. (976.) Books of road prima facie evidence. In suits pending Actsisss, 

or to be brought by or against said road, the books of said road shall 

be prima facie evidence of what they contain pertinent to the points 

in issue. 

The books of the State road, though made prima facie evidence by statute, 
may be discredited by internal evidences of inaccuracy : 83 Ga. 627. 

§1034. (977.) Its debtors public debtors. All debtors to said road Aet | 4 1858 » 
are as debtors to the State or public, and when any question arises 
warranting it, the right or obligations of both parties are to be de- 
termined upon by the laws governing such relation. 

A debt due the Western and Atlantic Railroad is to be paid next after 
funeral expenses, as provided in section 3424, paragraph 3: 46 Ga. 359; 38/171. 

§1035. (978.) Treasurer, by whom appointed. The Governor shall Actsi85i-2, 
appoint an officer for said road, who shall be styled the treasurer, 
who holds his office for the same time and term that the superin- 
tendent does. 

81036. (979.) His oath. Before entering on the duties of his Acts issi-2, 
. . . p- 112 * 

office, besides the oaths required of all civil officers, he shall take 

and subscribe before the Governor the following oath: "I, , do 

swear that I will faithfully and diligently receive, keep, and disburse 
the funds of the State road 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 knowl- 
edge. So help me God." 

§1037. (980.) Bond and security. He shall at the same time give 
bond and security, to be approved by the Governor, in the sum of 
one hundred thousand dollars. Said bond and oath of office shall 
be filed and recorded as the superintendent's. 

§1038. (981.) Treasurer's duties. It is the duty of the treasurer — ^f^ 851 " 2 ' 
1. To take custody of all funds appertaining to the road, to re- 
ceive all moneys from officers or agents holding the same, and 
receipt them. 



§§ 1039-1044 TENTH TITLE.— CHAPTER 4. 292 

The Western and Atlantic Railroad and its government. 

2. To receive all such sums as may be appropriated by law for the 
use of the road. 

3. To pay all warrants drawn by the superintendent in the terms 
of the law. 

4. To pay the State treasurer monthly all balance in the treasury 
after paying all the current expenses of the road and other lawful 
claims upon it, and to take his receipt for the same, retaining such 
amount as the superintendent may direct. 

5. To keep a book or books to enter all his receipts and payments 
and other official transactions. 

6. To make a quarterly statement to the superintendent of the 
receipts and disbursements of his office, which shall be published 
with the superintendent's report to the Governor. 

7. To discharge such other duties as the laws do or may require. 
Aot | 1 1 2 851 " 2 ' §1039. (982.) Auditor appointed by Governor. The Governor shall 

appoint an officer for said road who shall be styled the auditor. 

§1040. (983.) His oath. Before entering on the duties of his 
office, besides the oath required of all civil officers, he shall take and 

subscribe before the Governor the following oath: "I, , swear 

that I will promptly, justly, fairly, and impartially approve or re- 
ject all claims against the State road presented to me for such pur- 
pose, 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 help me God." 

§1041. (984.) Give bond and surety. He shall, at the same time, 
give bond and surety, to be approved by the Governor, in the sum 
of twenty thousand dollars. 

§1042. (985.) Bond and oath filed and recorded. Such bond and 
oath of office shall be filed and recorded as the superintendent's. 

§1043. (986.) Auditor's duties enumerated. It is the duty of the 
auditor — 
^Jfiis 851 " 2 ' 1- T° examine and approve or reject, without unnecessary delay, 
all bills and accounts against said road, before the superintendent 
shall draw a warrant for the same on the treasurer. 

2. To keep a book to enter all accounts passed, stating the person, 
amount, account, and time. 

3. To examine, supervise and control all books kept by the sub- 
ordinate accounting officers or clerks of the road. 

4. To discharge such other duties as the laws do or may require. 
- A ^ t | 2 1858 » §1044. (987.) Remedy of the State against officers of Western and 

Atlantic Railroad. The remedy of the State against the superin- 
tendent, the treasurer, auditor, and other officers and agents, is the 
same as against tax collectors or receivers. 

Section cited : 46 Ga. 342. 



293 TENTH TITLE.— CHAPTER 4. §§ 1045-1051 

The Western and Atlantic Railroad and its government. 

§1045. (988.) Additional bond may be required. The Governor may A p% 1858 ' 
require each of such officers to give additional bond and surety on 
the same terms and conditions that he may require it of the comp- 
troller-general or the State treasurer. 

§1046. (989.) Monthly reports of agents. Each agent of such road A p t | 3 1858 ' 
having the funds thereof in his 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 de- 
livered or to be delivered, showing the full amount due from all 
sources whatever, and shall sign such account. 

§1047. (990.) Defaulting officer or agent dismissed. Any officer or 
agent failing to pay over the funds collected by him weekly, or fail- 
ing 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. 

§1048. (991.) Proceedings on a dismissal. When such dismissal Act | 1858 , 
shall take place, an account shall at once be had of all the freight 
on hand, giving the person dismissed a credit or receipt therefor, so 
as to show the amount of his indebtedness. 

§1049. (992.) Amount due by defaulter, how treated. As soon as an Act | 1858 > 
agent, or any other person having funds of the road unaccounted 
for, is in default, and fails to pay over said funds on demand made 
by the superintendent or by his authority, or shall abscond or con- 
ceal himself, or in any other way evade or prevent a settlement, 
said officer shall promptly cause the true amount due by such per- 
son to be ascertained, and transmit the same to the comptroller- 
general as earnings of the road, stating also the date of the default. 

Duty of the comptroller-general : 46 Ga. 342. 

§1050. (993.) Oaths of agents. Every agent of said road, before 
entering on the discharge of his duties must, besides the oath 
required of all civil officers, take and subscribe before the superin- 
tendent, who is hereby made an officer for such purpose, the follow- 
ing oath: "I, , swear that I will faithfully perform all the 

duties of my appointment that are or may be required of me by 
law, to the best of my skill and knowledge, and that I will render a 
true account of my official conduct, and of all moneys received by 
me as such, and pay the same over to the person authorized to re- 
ceive them, as often as the law may require. So help me God." 

§1051. (994.) Bonds of agents. They shall at the same time give 
bond and surety, payable to the Governor and his successors in office, 
to be approved by the superintendent, in such sum as he may re- 
quire. 



§§ 1052-1059 TENTH TITLE.— CHAPTER 4. 294 

The Western and Atlantic Railroad and its government. 

§1052. (995.) Disposition of affidavit and bond. The oath shall be 
filed in the office of the superintendent, the original bonds trans- 
mitted to the comptroller-general, and copies retained by the super- 
intendent in a book kept for that purpose in his office. 

§1053. (996.) Bonds renewed annually. Such bonds shall be re- 
newed annually, by the tenth day of January, after a full and satis- 
factory settlement has been had with the agents, and not before. 

§1054. (997.) Settlements with agents. Said settlement must be in 
writing and signed by the agent and superintendent, and shall con- 
tain a full statement of the agent's account with the road, whether 
for cash received, freight on hand, or from any other source what- 
ever. 

§1055. (998.) Governor to examine bond, etc. The Governor shall 
examine every bond transmitted to the comptroller-general by the 
superintendent, and in case of defect therein, as to matter or surety, 
may order another bond given in lieu thereof to the superintendent, 
and he or the superintendent may at any time, when in the judg- 
ment of either the interest of the State requires it, require such 
officer to give additional bond and sureties, as he requires of other 
officers. 

Acts 1855-6, §1056. (999.) Conductor's oath. Every conductor must, in the 

same manner, take and subscribe this oath: "I, , swear that I 

will faithfully discharge the duties of my office to the best of my 
skill and knowledge, and that I will pay over all the money that 
may come to my hands belonging to the State road, as required by 
law, or the order of the superintendent. So help me God." 

Acts 1851-2, §1057. (1000.) No credit for freight. No agent at any station of 
said road is permitted to give credit for any freight on any produce, 
goods, or other commodity conveyed, but shall collect the freights 
before the articles are taken away, except in cases where the freights, 
by arrangement, are chargeable to some other railroad company. 

Acts 1851-2, §1058. (1001.) Conductor's settlements. Every conductor of pas- 
senger or freight trains shall make a settlement of the tickets and 
money received by them with the treasurer at the end of each trip. 
All disbursements made on accouut of said road shall be by warrant 
of the superintendent, drawn upon the treasurer, and be first passed 
by the auditor. 

§1059. (1002.) Cases where superintendent and auditor differ. The 
superintendent may refuse to ratify the approval of the auditor, and 
when so refusing, the claim shall be presented to the Governor to 
decide; if he allows the claim, or any part thereof, the superintend- 
ent shall draw his warrant and express therein, "By approval of the 
Governor." If he concurs with the superintendent, the party may 
accept the decision or bring suit. 



295 TENTH TITLE.— CHAPTER 4. §§ 1060-1065 

The Western and Atlantic Railroad and its government. 

§1060. (1003.) Proceeds to be paid monthly into treasury. The pro- 
ceeds of said road, after deducting expenses and all debts, which are 
liens upon its income, shall be paid into the treasury of the State 
monthly, and shall first be applied to the payment of the principal 
and interest of the bonds of the State issued on account of said road. 

§1061. (1004.) Useless iron, etc., shall be sold on thirty days notice . Act f™ 55 ' & > 
Whenever any iron, or any tackle or apparel, may become useless to 
said road, and the superintendent cannot have the same converted 
into new iron on reasonable terms, or for any other good reason, he 
shall sell the same at public outcry, at whatever point it may be 
most to the interest and convenience of the road, to the highest bid- 
der, after giving at least thirty days notice of the time and place of 
said sale, with a description of the property, in a public gazette at 
Atlanta. 

Section cited : 60 Ga. 279. 

§1062. (1005.) Terms of sale. He may sell said property for cash 
or credit, as in his discretion 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, 
his successor in office, or bearer, which shall be deposited in the 
State treasury, and when collected be as part of the net earnings of 
the road. 

All this law in regard to sale referred to : 60 Ga. 278, 279. 

§1063. (1006.) Officer not to be purchaser. Neither the superin- 
tendent nor any officer of the State road shall be a purchaser, 
directly or indirectly, at said sales, on pain of forfeiting to the 
State the property purchased and price paid, and of being removed 
by the Governor. 

§1064. (1007.) Record of sales to be kept. The superintendent shall 
keep a record of all such property sold, to whom sold, at what price, 
and on what terms f and shall embrace the same in his report to the 
Governor. 

Section cited: 60 Ga. 279. 

§1065. (1008.) Restriction on sale of road property . The Governor or 
superintendent shall not sell any part of the right of way, nor any 
property or land of the road, that may be necessary for the erection 
of depots, wood-yards, water-stations, or for any other improvement 
to the convenience or interest of said road; but they may sell any 
land of the road if of no use to it, in the manner iron is sold — ad- 
vertising it in a public gazette at Atlanta, and in the county where 
it lies, and in a public gazette thereof, if one, and the superintend- 
ent shall execute deeds thereto in his official capacity. 



§§ 1066-1069 TENTH TITLE.— CHAPTER 4. 296 

The Western and Atlantic Railroad and its government. 

Acts^i853-4, §1066. (1009.) Who may travel without charge. All lunatics and 
idiots, and the persons having them in charge, not more than one to 
each of such, when sent from any county to the Lunatic Asylum, and 
the latter returning, and all deaf and dumb and blind pupils par- 
taking of the State's bounty, with their necessary attendants, when 
going and returning from their schools, shall go from and return to 
their homes, free of charge on said road. 

§1067. (1010.) Superintendent to enforce the laws. The superin- 
tendent of said road is specially charged with the due execution and 
faithful fulfillment of all the laws for the government and regula- 
tion of the same. 
Acts 1859, §1068. (1011.) Lime, transportation of . Said road shall transport 
lime for agricultural purposes, by the car-load, from any depot 
thereof to Atlanta, from the first day of May to the first day of 
August of each year, or at any other time not conflicting with the 
interests of said road, at a rate not exceeding three cents per bushel: 
Provided, connecting roads at Atlanta will transport lime for agri- 
cultural purposes at corresponding low rates, and give the superin- 
tendent of the road notice thereof, with consent to be bound perma- 
nently by such rate. Any connecting road at Atlanta failing to give 
such notice and consent shall not be entitled to the benefits 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 
connection therewith, at said rate, he shall make oath in writing 
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, im- 
provement of the soil in the State; which affidavit shall be filed in 
the office of the company to whom the freight is paid. 
Acts 1865-6, §1069. (1012.) Landowners may build stock-gaps. All persons in 
262. this State owning land through which the Western and Atlantic 

Railroad passes shall have permission to build stock-gaps on said 
road when the line of their fences may cross the same, and shall 
have the privilege of joining their fences to such stock-gaps: Pro- 
vided, said landowners shall not improperly interfere with the bed 
of said road, or render it less safe, or interfere with the running of 
the trains thereon. 

General Note. — The chief engineer rejecting a claim does not authorize 
suit against the superintendent, under the Act of 1851-2 (Cobb, 110): 19 Ga. 
543. Can be sued only by a special act of the General Assembly : 23 Ga. 436. 
Not subject to garnishment : 37 Ga. 240. Not liable to pay for cross-ties taken 
from a citizen and used in the repair of the road under an agent of General 
Wilson : 39 Ga. 609. Suit under the third section of the Act of 1870 to author- 
ize a lease and before said lease was consummated : 42 Ga. 462. The same 
remedy against the superintendent of the Western and Atlantic Railroad as 
against tax-collectors : 46 Ga. 358. 



297 TENTH TITLE.— CHAPTER 5. §§ 1070-1073 

Public printing. 

CHAPTER 5. 

PUBLIC PRINTING. 

§1070. (1040 a.) Public printing , how let out. The public printing ^f^ 878 " 9 ' 
shall be let to the lowest responsible bidder or bidders, who shall $ 1080 - 
give adequate and satisfactory security in a sum not less than twenty 
thousand dollars for the faithful performance of the contract; and 
no member of the General Assembly, or other public officer, shall be 
interested, either directly or indirectly, in any such contract. 

§1071. (1040 b.) Commissioners of public printing. The secretary ^fy! 8 ' 8 " 9 ' 
of State, the comptroller-general, and the treasurer of the State are^° 905 ' 
commissioners of public printing, with full powers to contract for 
and superintend the same under this Chapter, and any two of them 
shall be sufficient to act. 

§1072. (1040 c.) Advertisement for bids. Said commissioners, on ^fj 1878 " 9 ' 
or by the first week in June, 1880, and every two years thereafter, 1887 ' 1 *' 98 ' 
shall give notice by advertisement in one of the newspapers pub- 
lished in each of the Congressional districts of this State, that sealed 
proposals to do the public printing for the State will be received by 
them at the office of the secretary of State, in Atlanta, for thirty 
days; that on the first Tuesday of August following, the public 
printing will be awarded to the lowest bidder whose bid is filed in 
compliance with law. Said commissioners shall have the power to 
reject any and all bids, and relet the same whenever they shall deem 
it to the public interest to do so, and when itemized accounts are 
rendered by the public printer, said commissioners may examine ex- 
perts as to the value of all material furnished, and cost of work 
charged for under this Article, and said commissioners shall have 
full power to reject any item of account which may appear to them, 
from such expert testimony or otherwise, to be in excess*of said pub- 
lic printer's contract or contrary thereto. 

§1073. (1040 d.) Stipulations and specifications. When bids are ^ ct f 7 * 878 " 9, 
made to do the public printing, such bids must be based on the fol-^ 1079 * 
lowing stipulations, specifications, and requirements, to wit: That 
the laws shall be completed and delivered in the office of the libra- 
rian of the State, at the capitol, within thirty days from the ad- 
journment of each session of the legislature. The journals shall be 
printed and delivered in the office of the librarian within thirty days 
from the adjournment of each session of the legislature. The paper 
on which the laws and journals are printed shall be No. 1, sized and 
supercalendered white book. That for the laws, size 26x40 inches 
and weighing fifty pounds to the ream. The paper for the journals, 
size 24x38, weighing fifty pounds to the ream. The paper used in 



§ 1078 TENTH TITLE.— CHAPTER 5. 298 

Public printing. 

printing the messages of the Governor, the reports of heads of de- 
partments of State government, the reports of committees of the 
legislature, and all other documents of similar character, must be 
the same as that used on the journals. 

All blank books made for the use of the State shall be manufac- 
tured of the best ledger writing-paper of Byron Weston's, or other 
equally good make, and the binding full, with extra russia ends and 
bands. The tax and wild-land digests shall be ruled, printed, and 
bound in the same style as the digests of 1878. The paper for the 
tax digests shall be on thirty-six pound double flat-cap o,f Whiting's, 
or other equally good make. The wild-land digests of the same 
paper, twenty-eight pound demy. The bills printed for the two 
houses of the General Assembly while in session shall be on Whit- 
ing's, or other equally good make, thirty-six pound double flat-cap, 
in the same type (small pica) and the same size sheet as bills of 
1878. All blanks for the use of the State shall be on the same paper 
as that used for the bills of the legislature, unless otherwise directed 
by those competent to do so under the law. The type used in print- 
ing the laws shall be new small pica, and for the head and side 
notes new nonpareil, to be set in the same style and measure as the 
laws of 1877. The type for the journals shall be new small pica, set 
in the same style and measure as the journals of the legislature of 
1877. 
Acts 1878-9, The type used on the reports of heads of departments, reports of 
committees of the legislature, the messages of the Governor, and 
other similar documents, shall be in new small pica type, and table- 
work in new nonpareil, or other suitable type. 

The bids for public printing shall be submitted in writing, under 
seal, and directed to the commissioners of public printing, with the 
following specifications, to wit: 

On the laws. — For composition, cents per one thousand ems. 

For paper of No. 1 white, sized and supercalendered, book size, 

24x40 inches, and weighing sixty pounds to the ream, cents per 

pound. For proof-reading, make-up, and putting to press, for each 

form of sixteen pages, cents. For presswork on book-press, 

with No. 1 book ink, costing not less than seventy-five cents per 

pound, cents per token of two hundred and fifty impressions 

for forms of sixteen pages. 

On the journals. — For composition, small pica type, per one thou- 
sand ems, cents. For paper No. 1, sized and supercalendered, 

book size, 24x36, and weighing fifty pounds to the ream, per pound, 

cents. For proof-reading, make-up, and putting to press each 

form of sixteen pages, cents. For presswork, per token of two 

hundred and fifty impressions on book, seventy-five cents book ink, 
sixteen-page forms, cents. 



299 TENTH TITLE.— CHAPTER 5. § 1073 

Public printing. 



For folding sixteen-page forms . — Per thousand sheets, . 

For stitching pamphlets. — One section, two holes, per one hundred, 
Two sections, three holes, per one hundred, . Four to 



six sections, three holes, per one hundred, . Seven to ten sec- 
tions, three holes, per one hundred, . 

For stitching journals. — From thirty to sixty sections, per one 
hundred, •. 

For gathering pamphlets. — For two sections, per one hundred, . 



For four sections, per one hundred, . For seven to eight sec- 
tions, per one hundred, . 

For gathering journals and laws. — For thirty to sixty sections, per 
one hundred, . 

For pressing the laws and journals. — From thirty to sixty sections 
of sixteen pages, per one hundred, . . 

For stabbing journals, reports, and pamphlets. — From four to eight 

sections, per one hundred, . For stabbing, from twenty to fifty 

sections, five holes, per one hundred, . 

For trimming pamphlets. — From one to four sections, per hun- 
dred, . From seven to ten sections, per hundred, . 

For trimming journals. — From thirty to fifty sections, per hundred 
copies, . 

For covering pamphlets. — From one to five sections, per hundred, 
. From seven to nine sections, per hundred, . 



For sewing laws. — From twenty to thirty sections, per book, 



For making cases for laws. — No. 30 Dary's tar-board, sheep back 
and corners; sides best tea cover, thirty-five pound 20x25 flat paper, 
per case, . 

For rounding and casing the laws. — Per copy, . 



Tax digests. — For ruling, per ream, . For composition, per 

thousand ems, . For make-up and putting to press, each form, 

. For presswork, per token of two hundred and fifty impres- 
sions, . For binding and labeling digest, per hundred copies, 



Wild-land digests. — For ruling, per ream, . For composition, 

per thousand ems, . For make-up and putting to press, each 

form, . For presswork, per token of two hundred and fifty 

impressions, . For binding and labeling wild-land digests, per 

hundred copies, . 

For blank books (extra russia ends and bands). — Cap books, twenty 

sheets to the quire, per quire, . For demy books, twenty sheets 

to the quire, per quire, . Medium books, twenty sheets to the 

quire, per quire, . For double-cap books, twenty sheets to the 

quire, per quire, . For imperial books, twenty sheets to the 

quire, per quire, . For superroyal books, twenty sheets to the 



§§ 1074-1077 TENTH TITLE.— CHAPTER 6. 300 

Publication of Georgia reports. 

quire, per quire, . For printed headings on all books, from one 

line to six lines, . 

A p Ct 87 18789 ' §1074. (1040e.) Contract forfeited, when. In case the contractors 
fail to do the work according to contract, or fail to furnish mate- 
rials according to contract, then the contractors and their securities 
shall be liable on their bond, and the commissioners may, for any- 
such failure, declare the bond forfeited, and may award the contract 
to the next lowest bidder, or relet the work at once, in the same 
manner as hereinbefore set forth, as to them may seem best. 

§1075. (1040 f.) Contractor and sureties, how bound. Each of the 
securities on the bond of a person, or persons, to whom said contract 
may be awarded, shall, at the time of signing the same, verify and 
state distinctly for what amount he becomes liable by reason of sign- 
ing said bond. 
Actsi877, §1076. (1040 g.) Duties and pay of printer. It shall be the duty 
of the contractor or person doing the public printing to employ 
such assistance as may be necessary to prepare and compile the 
several Acts and Resolutions of the General Assembly in the shortest 
possible time. 

In compiling the laws, it shall be his duty to observe the follow- 
ing regulations, to wit: 

1. To distinguish in their classifications the public laws from those 
that are local or private, and to arrange the former under their ap- 
propriate heads. 

2. To prepare for publication side and head notes, for reference. 

3. To add notes referring to such previous legislation as may be 
modified or repealed, and notes giving the decisions of the Supreme 
Court since the last publication of acts upon the subject-matter of 
each act of a public nature. 

4. Prepare and append a copious and correct index. 

For the additional service of compiling and classifying the laws, 
as directed in the foregoing, the contractor or person doing the pub- 
lic printing shall be entitled to compensation amounting to three 
hundred dollars in addition to that provided by law for the printing 
of the same. 



CHAPTER 6. 

PUBLICATION OF GEORGIA REPORTS. 



Act i5i 878 " 9 ' §1077. (228a.) Reports, how published. The Supreme Court re- 
ports of this State shall be published by, and at the expense of, the 
State, in the manner hereinafter pointed out. 



301 TENTH TITLE.— CHAPTER 6. SS 1078-1083 



Publication of Georgia Reports. 



§1078. (228 b.) Estimate of reporter. It shall be the duty of the Acts_i878-9, 
Supreme Court reporter to estimate the number of Supreme Court 
reports that will probably be demanded by the public, in addition 
to the number required by the State, and file a report of said esti- 
mate in the Executive office immediately upon the preparation of 
any given volume of reports for the press; and in said report to the 
Governor, he shall state the quantity of matter which the forth- 
coming volume of the reports contains. 

§1079. (228c.) Style of printing. The printing and binding of A °%f 78 ' 9 ' 
said Supreme Court reports shall be done upon the terms and in the$ 1073 - 
manner that other State printing is done, and the printing, 
paper, and binding shall be similar in style to that now used in the 
publication of said reports. 

§1080. Reporter to contract for printing. The reporter of the Su- A p ct | 6 1882 " 3 ' 
preme Court, with the consent and approval of the Governor, shall $ 1070, 
have power to award the contract for the publication of the Supreme 
Court reports in the same general manner as the contract for other 
public printing is now awarded, but in making such award the said 
Governor and the reporter shall not be limited to the lowest bidder, 
but may take into consideration the responsibility of such bidder, 
and his capacity and ability to perform such contract, in all cases 
making such award as will promote the best interests of the State 
and secure the cheapest and most prompt and efficient performance 
of said contract. 

§1081. Contractor to give bond. Should the contract for the print- Sg^ ' 1076, 
ing and binding of the Supreme Court reports be at any time 
awarded to a person other than that to whom the general public 
printing is awarded, he shall give a bond, with good and adequate 
security, payable to the Governor of this State, and approved by 
him, in the sum of not less than ten thousand dollars, for the prompt 
and faithful performance of said contract; should said contract be 
awarded to the same person to whom is awarded the contract for 
public printing, he shall give a bond of ten thousand dollars, con- 
ditioned as aforesaid, in addition to the bond given on account of 
the general public printing. The sureties on said bond shall justify, 
and for a failure, neglect, or refusal to comply with said contract in 
any particular, the principal and sureties on said bond shall be liable. 

§1082. Reports, how printed. It shall be the duty of the person to$55i5. 
whom is awarded the printing and binding of the Supreme Court re- 
ports, to print and bind the same promptly in the manner provided 
by this Code. 

§1083. Penalty for delay. Should there be any unnecessary delay 
in such printing or binding; it shall be the duty of the reporter to 
notify the Governor of the same, and the Governor shall deduct 



§§ 1084-1090 TENTH TITLE.— CHAPTER 6. 302 

Publication of Georgia Reports. 

from the cost of the volume then being published one hundred dol- 
lars for each week that such delay is continued, and the amount shall 
be forfeited by the person having such contract. If such delay shall 
arise from providential cause or other reason standing upon the 
same basis, the Governor shall have authority, in his discretion, to 
remit all or any part of said forfeiture arising during the delay, 
which was actually caused by such reason. 
Acts 1882-3, 81084. Reporter to examine accounts. Before the bills of the con- 

p.76. s r 

tractor for printing and binding the Supreme Court reports shall be 
paid by the Governor, the same shall be submitted to the reporter, 
whose duty it shall be to make such report or suggestion to the Gov- 
ernor as will aid him in determining the correctness and propriety 
of the bill presented. 

A p ct f 6 * 882 * 3 ' §1085. Defective work re-executed. Should the work of printing or 
binding the reports, or any part of them, be improperly done, the 
Governor shall have power to require the same to be re-executed, or 
make such deductions from the bills presented as may seem to him 
reasonable and proper: Provided, that none of the remedies pre- 
scribed in this and the two preceding sections shall affect the lia- 
bility of the contractor or his sureties on his bond, nor shall the 
discretionary action of the Governor thereunder work any release of 
said bondsmen. 

§1086. Contractor to swear to account. The accounts presented by 
the contractor for printing and binding the Georgia reports shall be 
verified by his oath, and he shall further make oath that no more 
copies have been printed than those delivered to the State. 

§1087. Forfeiture of contract and reaward. Should the contractor 
fail to promptly and satisfactorily perform his duty in printing and 
binding the reports, the reporter, with the consent and approval of 
the Governor, may declare the contract forfeited and reaward the 
same, but this shall not affect the liability of the original contractor 
and his sureties upon their bond. 

§1088. Reports uniform. It shall be the duty of the reporter to 
make the volumes of the reports as nearly uniform as may be prac- 
ticable and consistent with the speedy and advantageous publication 
thereof. 

Actsi878-9, §1089. (228 f.) Copyright. The copyright of said reports shall 
belong to the State. 

Acts 1880-1, §1090. (228g.) Reports to be electrotyped. The Governor shall re- 
quire all the Georgia reports hereafter published, commencing with 
the sixty-sixth volume, to be electrotyped, and it shall be his duty 
to see to it that the additional expense thus incurred shall not ex- 
ceed that paid for similar work by other States of the Union. 



303 TENTH TITLE.— CHAPTER 6. §§ 1091-1093 

Publication of Georgia Reports. 

81091 . Advances to contractors. It shall be lawful for the treasurer to ^ ct 4 1882 ' 

o p. to. 

advance to the contractor such sums, not exceeding two- thirds of 
the value of such portion of a volume as may be printed, whenever 
the reporter shall certify that such portion has been printed, taking 
a receipt for the sum or sums thus advanced, which shall be his 
voucher and an offset to the executive warrant for the payment of 
the completed volume, which payment shall be made out of any 
money in the treasury not otherwise appropriated: Provided, said 
contractor shall, at his own expense, effect such an amount of insur- 
ance for the benefit of the State upon the volume on which such ad- 
vance is to be made, as will protect the State from loss in case of its 
injury or destruction by fire. 

§1092. (230.) Reports not to contain arguments of counsel. The vol- ^Jowfl'ss. 
umes of reports must not contain any argument or brief of counsel, $ 5515 - 
beyond a statement of the points and authorities. 

§1093. (231.) Reports , failure to publish. If the reporter fails to 
publish the volumes of reports within six months of the time of the 
delivery to him of the decisions, he forfeits one-fourth of his salary 
for every additional month's delay, unless a majority of the court 
will certify that the delay was not from his fault, or of those under 
his control; but if he continue to fail to publish and furnish them 
as required, and without excuse, he forfeits one-fourth more of his 
salary, and must be removed by the Supreme Court. 



§§ 109^1096 ELEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 1. 304 



Public defense; volunteer forces; staff and organization ; staff-officers. 



ELEVENTH TITLE. 

Public Defense. 



CHAPTER 1. 

VOLUNTEER FORCES. 



ARTICLE 1. 

STAFF AND ORGANIZATION, 



SECTION 1. 

STAFF-OFFICERS. 

Acts 1893, 81094. Volunteer force. The volunteer forces of this State shall be 
p. 93. .... 

the active militia of this State, of which the white forces shall be 

known and designated as the "Georgia Volunteers," and the colored 
forces as the "Georgia Volunteers, Colored." 
$$58i4,592i. §1095. Commander-in-chief. The Governor is the commander-in- 
chief. 
Acts 1893, §1096. Governor's staff. The military staff of the Governor shall 
*|j" 8 ' 1122 » consist of the following officers, to be appointed by him, who shall 
be commissioned as officers of the Georgia Volunteers, holding office 
at the pleasure of the Governor, or until their successors are ap- 
pointed and qualified, to wit: 

1. An adjutant-general, who shall be keeper of the public prop- 
erty, one judge-advocate general, one quartermaster-general, each 
with the rank of colonel, not less than four aides-de-camp with the 
rank of lieutenant-colonel, and in his discretion as many more as 
he may deem proper, and in his discretion whenever the exigencies 
of the service require, one inspector-general and commissary-general 
and one inspector-general of rifle practice, each with the rank of 
colonel. 

2. The Governor may also appoint his private secretary as his 
military secretary, and commission him with the rank of major. 

3. In addition hereto, the adjutant-general, the quartermaster- 
general, the commissary-general may each have an assistant, and 



305 ELEVENTH TITLE.— CHAP. 1, ART. 1, SEC. 2. §§ 1097, 1098 

Organization. 

the inspector-general may have two assistants, and the said assist- 
ants shall have the rank of lieutenant-colonel. 

4. These assistants shall be appointed by the Governor upon the 
recommendation of the above-mentioned respective heads of depart- 
ments, and shall be attached to the military staff of the Governor. 

§1097. Adjutant-general, judge-advocate, etc. ^ios? 93 ' 

1. The adjutant-general shall be ex officio chief of the staff of the 
Governor, and all communications between the Governor and officers 
of the volunteer forces of the State shall be made through and to 
him; he shall keep and preserve the arms, accoutrements and other 
military stores of the State; keep on file in his office all reports 
made to him; make an annual report to the Governor of the condi- 
tion of the volunteer forces, and the Governor is required to lay the 
same before the legislature; he shall give his whole time and atten- 
tion to said office. Unless such offices are filled, the adjutant- 
general shall perform the duties of the inspector-general and the 
duties of the inspector-general of rifle practice, and shall perform 
such other duties as may be required of him by the Governor. 

2. The judge-advocate general shall supervise and care for the 
management of all things relating to the administration of justice 
among the aforesaid volunteer forces; diligently scrutinize and ex- 
amine the proceedings of all courts martial, and report thereon in 
writing for the information of the Governor. Under the orders of 
the Governor the judge-advocate general shall act as judge-advocate 
of any court martial where the public interests may require his 
attendance, and perform such other duties as may be required of 
him by the Governor. 

3. The quartermaster-general, the inspector-general of rifle prac- 
tice, the aides-de-camp and the military secretary shall perform 
such duties pertaining to their respective offices as may be directed 
by the Governor. Unless such office is filled, the quartermaster- 
general shall perform the duties of the commissary -general. 

4. The duties of the inspector-general, the commissary-general 
and the assistants hereinbefore provided shall be correlative with 
those discharged by like officers in the United States army, and they 
shall perform such other duties pertaining to their respective offices 
as may be required of them by the Governor. 



SECTION 2. 

ORGANIZATION. 



§1098. Volunteer forces, of what composed. In time of peace the Act s 1893 » 

volunteer forces shall consist of not exceeding seventy-two compa- 18 9 & > p- 96 - 

20 



§§ 1099, 1100 ELEVENTH TITLE.— CHAP. 1, ART. 2, SEC. 1. 306 

Regiments, battalions, companies, etc. ; volunteer forces, how divided. 



nies of infantry white, and twenty companies of infantry colored; 
twenty-four troops of cavalry white, and one troop of cavalry col- 
ored; two batteries of artillery white, and one battery of artillery 
colored; not exceeding six machine-gun batteries white; a medical 
department white; a hospital and ambulance-corps white; and to 
each regiment of infantry and cavalry white, which may be organ- 
ized, a signal-corps and a band of music; said volunteer forces fully 
armed and equipped, to be allotted and apportioned in such local- 
ities of the State as the interests of the service, in the discretion of 
the Governor, may require: Provided, that the Governor shall have 
power, in case of war, invasion, insurrection, riot or imminent dan- 
ger thereof, to increase the said forces and organize the same as the 
exigencies of the occasion may demand. 
^ t 68 1890 " 1 ' §1^99. Retain organizations and privileges. Until otherwise pro- 
$1111. vided by law, there shall be no brigade, division, or other larger 
organization of the volunteers of this State; and commanders of 
regiments, battalions, and unattached companies shall receive orders 
only from the Governor, except when otherwise specially ordered, 
and all regimental organizations heretofore effected under and by 
virtue of Acts of the General Assembly of Georgia, are hereby de- 
clared legal and valid, and they shall retain their organizations and 
chartered privileges granted by said acts. 



ARTICLE 2. 

REGIMENTS, BATTALIONS, COMPANIES, ETC. 



SECTION 1. 

VOLUNTEER FORCES, HOW DIVIDED. 

Actsisoa, §1100. Regiments, battalions, etc. The volunteer forces shall be or- 
ganized and arranged by the Governor into such regiments, unas- 
signed battalions, unassigned companies, separate departments and 
corps, with power to make such alterations in the organization and 
arrangement thereof, from time to time, as he may deem necessary. 
Unassigned battalions of infantry and cavalry white, now existing 
or hereafter organized, shall be assigned to regiments, whenever it is 
practicable in the judgment of the Governor so to do. In time of 
peace the number of regiments of infantry white shall not exceed six, 
and the number of regiments of cavalry white shall not exceed two. 
In such organization and arrangement the companies comprising 
any regiment shall be selected from the same general geograph- 



307 ELEVENTH TITLE.— CHAP. 1, ART. 2, SECS. 2, 3. §§ 1101, 1102 

Regiments. Battalions. 

ical section of the State, to the end that the territory in which a 
regiment is located shall be distinct and separate. For the purposes 
of this Article, the Governor shall be authorized to transfer, if neces- 
sary, companies to and from regiments and battalions as they are 
now organized. The infantry colored shall be organized into bat- 
talions and unassigned companies. 



SECTION 2. 

REGIMENTS. 



§1101. Regiments consist of three battalions. Regiments of infantry Actsi893, 
and cavalry shall consist of three battalions. To each regiment of 
infantry there may be attached, in the discretion of the Governor, a 
machine-gun platoon. To each regiment of infantry and cavalry 
there shall be one colonel, one lieutenant-colonel, not exceeding 
three majors, in the discretion of the Governor, one adjutant, one 
quartermaster, one commissary, one inspector of rifle practice, who 
shall be signal-officer; one chaplain, each with the rank of captain, 
and one sergeant-major, one quartermaster-sergeant, one commis- 
sary-sergeant, one color-sergeant. 



SECTION 3. 

BATTALIONS. 



§1102. Number of companies in battalion. Battalions of infantry Acts low, 
and cavalry shall consist of not less than three nor more than four 
companies. To each battalion there shall be one major, one adju- 
tant with the rank of first lieutenant, and one sergeant-major. Un- 
til assigned to a regiment, any unassigned battalion now organized 
may have a commissioned and non-commissioned staff consisting of 
one chaplain with the rank of captain, and one adjutant, one quar- 
termaster, one commissary, one inspector of rifle practice, each with 
the rank of first lieutenant, and one sergeant-major, one quarter- 
master-sergeant, one commissary-sergeant, one color-sergeant; and 
when such battalion is so assigned, the commissioned and non-com- 
missioned staff shall be reduced to conform to the requirements of 
this Article. Battalions of infantry colored may consist of not 
less than three nor more than six companies each, and to each bat- 
talion colored there shall be one major, one chaplain with the rank 
of captain, and one adjutant, one quartermaster, one commissary, 
one surgeon, one inspector of rifle practice, each with the rank of 



1103-1106 ELEVENTH TITLE.— CHAP. 1, ART. 2, SECS. 4, 5. 308 



Companies. Volunteers. 



first lieutenant, and one sergeant-major, one quartermaster-sergeant, 
one commissary-sergeant, one hospital steward, one color-sergeant. 



SECTION 4. 

COMPANIES. 



Acts_i892, §1103. Company and officers. To every company of infantry and 
lsys, p. 93. ca valry, there shall be one captain, one first lieutenant, one second 
lieutenant, five sergeants, four corporals, and not less than twenty 
nor more than eighty privates. To every battery of artillery there 
shall be one captain, two first lieutenants, one second lieutenant, 
five sergeants, one quartermaster-sergeant, four corporals, and not 
less than twenty nor more than eighty privates. To every machine- 
gun battery there shall be one captain, one first lieutenant, and one 
second lieutenant, five sergeants, four corporals, and not less than 
ten nor more than eighty privates. Each machine-gun battery, 
when organized, shall be attached to a regiment of infantry and 
shall bear the numerical designation of such regiment. To each 
regimental signal-corps there shall be, under command of the sig- 
nal-officer, one first lieutenant, two sergeants, one corporal, and 
not less than eight nor more than forty privates. To each regiment 
band of music there shall be one chief musician, two sergeants, 
two corporals, and not less than twelve nor more than fifty privates. 
To every company there shall be one clerk who shall be detailed 
for that duty from the company. 



SECTION 5. 

VOLUNTEERS. 



Acts 1878-9, §1104. (1103b.) Who may be enrolled as a volunteer. Any person 
capable of doing military duty (not under sixteen years of age) 
may be enrolled as a volunteer; but every company and battalion 
must be composed of men of the same race and color. 

Acts 1889, 81105. Term of enlistment. Each member of the volunteer force 

p. 129. o «/ 

$ii28. f this State shall enlist for the term of twelve months, or, in de- 
fault thereof, the name of such person be dropped from the roll. 
Act ?on 889 ' §1106. Form of enlistment. The form of such enlistment shall be 

p. 129. © «/ 

$ii28. prescribed in a general order, to be issued by the adjutant-general 
and forwarded to regimental, battalion, and independent company 
commanders. 



309 ELEVENTH TITLE.— CHAP. 1, SEC. 6. ART. 3. §§1107-1112 

Definition of terms, vacancies. Chartered companies. 

§1107. Transfer to another company. The advisory board prescribes Acts^i889, 
the mode and manner of transferring a member from one company 
to another. 

§1108. Discharged cannot re-enlist. Soldiers discharged for the good Actsn889, 
of the service, or dishonorably discharged or expelled from the volun- $ 11:j8 - 
teers of this State or from the national guard, or volunteers of any 
other State, or from the army or navy of the United States, shall 
not be enlisted, unless such discharge or expulsion shall have been 
revoked by proper authority. 



SECTION 6. 

DEFINITION OF TERMS, VACANCIES. 

§1109. Meaning of terms. For the purposes of this Chapter the Acts isqs, 
words "company" or "companies" shall apply to and include in- 
fantry, cavalry, artillery, machine-gun and signal-corps forces, ex- 
cept where herein specified; and the term "unassigned battalion" 
shall apply to a battalion not attached to a regiment, and the term 
"unassigned company" to a company not attached to a regiment or 
battalion. 

§1110. Vacancies. When a vacancy shall occur in any commis- Act | 18tf3 > 
sioned or non-commissioned office now existing in the artillery, in- 
fantry, or cavalry of the aforesaid volunteer forces, but which is not 
provided for by this Chapter, such office shall thereupon cease and 
expire. 



ARTICLE 3. 

CHARTERED COMPANIES. 

§1111. Charters retained. Nothing in this Chapter shall defeat or Actsiws, 
impair the existing charters and privileges of any regiment, bat-$ 1099 - 
talion, or company now organized, except when inconsistent with the 
provisions of this Chapter. 

For act incorporating first regiment: Acts of 1889, p. 126. 
For act incorporating second regiment: Acts of 1890-1, p. 194. 
For acts incorporating third regiment : Acts of 1890-1, pp. 195, 198; 1892, 
p. 77. 

For acts incorporating fourth regiment: Acts of 1890-1, p. 196; 1892, p. 76. 
For act incorporating fifth regiment: Acts of 1892, p. 77. 

§1112. Names retained. Regiments, battalions, and companies Act | 3 1893 » 
already organized may retain any special name or designation they$ 1099 - 
may have adopted, or may have by charter if incorporated, and any 
regiment, battalion, or company hereafter organized may adopt any 



}§ 1118-1115 ELEVENTH TITLE.— CHAPTER 1, ARTICLES 4, 5. 310 

Graduate officers. Company elections. 

special name or designation it may select, but regiments and unas- 
signed battalions must be numbered in their respective arms, ac- 
cording to the date of their organization, and every company 
attached to a regiment or unassigned battalion must be designated 
in such regiment or unassigned battalion by a letter of the alphabet, 
in the manner now in use in the United States army. 



ARTICLE 4. 

GEADUATE OFFICERS. 

Acts 1893, §1113. Graduate officers. The Governor is hereby authorized to 
p. 104. . ' , . . P 

appoint and commission annually, from among the graduates of 

every college or educational institution of this State in which mili- 
tary instruction is regularly given to at least one hundred students 
the graduates thereof having the highest standing (the same to be 
determined and certified by the faculty thereof), who shall have re- 
ceived military instruction and training during a full course of three 
years thereat, and who shall be, at the time, citizens of the State 
of Georgia, as second lieutenants of infantry of the Georgia Vol- 
unteers: Provided, that application for such appointment and com- 
mission be made within six months after graduation from such 
college or institution. 

^io? 98 ' §1H4. Assignment for duty, etc. The officers appointed and com- 
missioned in pursuance of the preceding section shall be in addition 
to those now authorized, or who may hereafter be authorized in the 
said Georgia Volunteers, and such officers may be assigned by the 
Governor to such duty as, in his judgment, the interest of the 
service may require. 



ARTICLE 5. 

COMPANY ELECTIONS. 

Ac *93 1893 ' §1115. Elections. Company officers shall be elected by the mem- 
bers of the company. In the case of a company belonging to a 
regiment or unassigned battalion, the election shall be ordered by 
the regimental or battalion commander respectively. In the case 
of an unassigned company, an election for a subaltern officer shall 
be ordered by the commanding officer thereof, and the election for 
captain shall be ordered by the Governor. In any case if an officer 
already commissioned be promoted, the vacancy thereby created 
may be rilled at the same election without further orders. Such 



811 ELEVENTH TITLE.— CHAPTER 1, ARTICLE 6. §§ 1116, 1117 



Regimental and battalion elections. 



elections may be superintended by any two or more officers of the 
volunteer forces not connected with the company in which the elec- 
tion is to take place, or by two or more justices of the peace or free- 
holders, or one justice and one freeholder of the county wherein the 
election is to take place. The polls should be kept open not less 
than two hours nor more than one day. The order for the election 
shall be promulgated to the members of the company at least five 
days before the election, in the manner as other orders to the com- 
pany are promulgated, and shall specify what hours the polls are to 
be open. 



ARTICLE 6. 

REGIMENTAL AND BATTALION ELECTIONS. 

§1116. Election of field-officers. Field-officers of a regiment or un- ^J/ 893 ' 
assigned battalion shall be elected by the commissioned officers of 
the companies of which such regiment or unassigned battalion is 
composed. If the election be for the commander of a regiment or 
unassigned battalion, it shall be ordered by the Governor; if for a 
junior field-officer, it shall be ordered by the regimental commander. 
If a field-officer already in commission in a regiment be promoted, 
the vacancy thereby created may be filled at the same election with- 
out further orders. Such election may be superintended by any two 
or more officers of the volunteer forces not themselves candidates, 
or any two or more justices of the peace, with one or more freehold- 
ers. The polls shall be kept open not less than two hours nor more 
than one day. The order for the election shall be promulgated in 
the same manner as other orders, at least ten days before the elec- 
tion is held, and shall specify the time and places of the election, 
and between what hours the polls are to be open. In the case of a 
regiment or unassigned battalion composed of companies in differ- 
ent counties, there shall be a poll in each county where there may be 
one company or more, and the election shall be conducted at each 
on the same day and in the manner above described. 

§1117. Election returns. Returns of an election for officers of com- Act ^i893, 
panies belonging to regiments or unassigned battalions and for junior 
field-officers of regiments, shall be transmitted to the Governor 
through respective commanding officers, and those of elections for 
officers of unassigned companies through the captains of the com- 
panies. Returns of elections for captains of unassigned companies 
and for commanders of regiments and unassigned battalions shall 
be sent direct to the Governor by the superintendents. 



1118-1121 ELEVENTH TITLE.— CHAPTER 1, ARTICLE 7. 812 



Resignation and discharge of officers 



ARTICLE 7. 

RESIGNATION AND DISCHARGE OF OFFICERS. 

^m 898 ' §1118. Discharge of commissioned officers. The Governor may dis- 
$1096. charge any commissioned officer of the aforesaid volunteer forces for 
the following reasons, to wit: Upon tender of resignation; when it 
appears to the Governor that he is unable or unfit to discharge the 
duties of his office, or to exercise proper authority over his inferior 
officers or soldiers, or that he has been convicted of an infamous 
crime; when he has removed his residence out of the bounds of his 
command to so great a distance that it is inconvenient to perform 
the duties of his office; when he has been absent from his command 
for a longer period than three months, without leave from the Gov- 
ernor; upon the disbandment of the organization to which he be- 
longs; upon sentence of court martial after trial according to law. 
^J 5t Jj 1898 » §1119. Absence of officers. No officer shall be absent from his com- 
mand for a period of more than thirty days, without leave of absence, 
which shall be granted only by the Governor. 

^ ct | 3 1893 » §1120. Resignation. A resignation tendered by an officer shall be 
$1096. j n wr iting, and shall be forwarded to the adjutant-general, for the 

decision of the Governor, through all intermediate commanders, and 
until duly accepted the officer shall not be considered as out of 
the service: Provided, that no resignation of an officer shall be ac- 
cepted against whom charges have been preferred, prior to his trial 
upon, or the withdrawal of, the same, nor until he shall have satis- 
fied and shall have been discharged from any bond given by him for 
the care of any ordnance or other military stores intrusted to his 
keeping by the State. 
Acts 1890-1, 81121. Honorable retirement. All commissioned officers of the 

p. 199. ° 

$1096. "Georgia Volunteers" who shall have been at the date of retirement 

in commission for a period of ten years, or who shall have served in 
the ranks and in commission for a period of fifteen years, may, upon 
their application and the approval of the Governor of the State, be 
honorably retired from service and their names inscribed upon a roll 
to be established and maintained in the office of the adjutant and 
inspector general, and known as the "Roll of retired officers;" and 
said retired officers shall have all the rights, privileges, immunities 
and exemptions now or hereafter enjoyed by the "Georgia Volun- 
teers," and be entitled to wear, upon any occasion, the uniform of 
the highest rank that they may have held: Provided, that the time 
of service of any officer in the Confederate service shall be counted, 
if necessary, to make the ten or fifteen years service required; and 



813 ELEVENTH TITLE.— CHAPTER 1, ARTICLES 8, 9. §§ 1122-1125 

Appointments. Examination of officers. 

the privilege of retirement shall be extended to commissioned offi- 
cers who have heretofore resigned. The service required need not be 
continuous. 



ARTICLE 8. 

APPOINTMENTS. 



§1122. Appointment. Commissioned staff-officers of regiments and Act |^ 893 » 
unassigned battalions shall be appointed and commissioned by the$ 109ft - 
Governor, upon the recommendation of respective commanders. 
Commissioned staff-officers of battalions of a regiment shall be 
appointed and commissioned by the Governor upon the recommen- 
dation of respective battalion commanders, approved by the regi- 
mental commander. And all such officers shall be subject to such 
examinations as to their fitness for commissions as are now or may 
hereafter be provided for by law. 



ARTICLE 9. 

EXAMINATION OF OFFICERS. 

§1123. Examination of officers. Every person elected to or nom- Aotsisw, 
mated for any commissioned office in the volunteer forces of this$ 1096 - 
State, shall appear before an examining board, consisting of two or 
more competent officers, who shall examine said person as to his 
military and other qualifications. The Governor may waive the 
examination of any person appointed by him as a member of his 
military staff or of any person nominated for the office of chaplain. 

§1124. Examining boards. The Governor is authorized to estab- Act | 1 1892 » 
lish one or more boards for the examination of all persons applying 
for commissions. Examinations shall, in all cases, be written, and 
conducted in accordance with such rules and regulations as may be 
prescribed by the Governor. The examination of persons nominated 
for the office of surgeon shall be conducted by boards composed en- 
tirely of surgeons or officers of the medical department of the volun- 
teer forces of this State. 

§1125. Reports of boards. Each board of examination shall within Acts 1892, 
ten days after each examination make a detailed report, in writing, 
of the result thereof to the Governor, who shall approve or disap- 
prove of the persons elected or nominated. If any person elected to 
or nominated for any commissioned office, shall fail to appear before 
a board of examination within thirty days after being notified, un- 
less he shall give satisfactory excuse for such non-appearance, or 



§§ 1126-1128 ELEVENTH TITLE.— CHAPTER 1, ARTICLES 10, 11. 314 

Oath of officers. Discharge of enlisted men. 

shall fail to pass a satisfactory examination, the fact shall be certi- 
fied by the board to the Governor, who shall declare the election or 
nomination null and void. Any person elected or nominated as 
aforesaid, who shall fail to pass a satisfactory examination, and be 
reported by the examining board as unqualified for a commission, 
shall not be eligible for another election or nomination for the term 
of twelve months. 

^^1892, §1126. Compensation of boards. The boards of examination shall 
serve without compensation from the State, except actual expenses 
incurred. 



ARTICLE 10. 

OATH OF OFFICERS. 

Acts 1892, §1127. Oath of commissioned officers. Every person commissioned as 
$234. an officer in the volunteer forces of this State, before he shall assume 

such rank or enter upon the duties of the office to which he may be 
commissioned, shall accept such commission and shall take and sub- 
scribe, before some person authorized, such oath and declarations as 
may be prescribed by the Governor. 



ARTICLE 11. 

DISCHARGE OF ENLISTED MEN. 

Acts 1893, 81128. Discharqe of enlisted men. No enlisted man of the volunteer 

p. 93. ° a j 

$$no5, 1108. forces of this State shall be discharged before the expiration of his 
term of enlistment, except by order of the Governor and for the fol- 
lowing reasons, to wit: Accept promotion by commission; upon re- 
moval of residence from the State, or out of the bounds of command 
to which he belongs to so great a distance that, in the opinion of his 
commanding officers, he cannot properly perform his military duty; 
upon disability, established by a certificate of a medical officer; 
upon conviction of felony in a civil court; upon his own applica- 
tion, approved by the commanding officer of his company, and by 
superior commanders; to carry out the sentence of a court martial; 
whenever, in the opinion of the Governor, the interests of the service 
demand such discharge. 



815 ELEVENTH TITLE.— CHAPTER 1, ARTICLES 12, 13. §§ 1129-1138 

Acceptance of other office. Medical department. 

ARTICLE 12. 

ACCEPTANCE OF OTHER OFFICE. 

§1129. Acceptance of another office. When an officer of the af ore- A i !t Q 3 1898 ' 
said volunteer forces holding a commission is elected or appointed 
to another office in the volunteer forces and accepts the same, such 
acceptance shall vacate the office previously held. 



ARTICLE 13. 

MEDICAL DEPARTMENT. 

§1130. Medical department. The medical department heretofore A p t | 3 1893, 
provided shall be known and designated as the medical department 
of the Georgia Volunteers, and shall consist of one surgeon-general 
with the rank of colonel, one assistant surgeon-general with the 
rank of lieutenant-colonel, one medical inspector with the rank of 
major, not exceeding one surgeon with the rank of captain, and one 
assistant surgeon with the rank of first lieutenant, to each regi- 
ment; not exceeding one assistant surgeon with the rank of first 
lieutenant, to each unassigned battalion and each unassigned bat- 
tery which may be organized under the provisions of this Article. 
All medical officers of the Georgia Volunteers commissioned as medi- 
cal officers of the Georgia Volunteers, shall constitute a medical 
staff which shall be under the direction and control of the medical 
department. 

§1131. Appointment of officers of medical department. The officers A p ct 9 3 * 893 ' 
of the medical department shall be appointed as follows: The sur- 
geon-general by the Governor; the assistant surgeon-general and 
the medical inspector by the Governor, upon the recommendation 
of the surgeon-general; the surgeons and assistant surgeons by 
the Governor, upon the recommendation of the respective com- 
manders of organizations entitled to such medical officers. No person 
shall be eligible for appointment as surgeon-general, assistant sur- 
geon-general, or of medical inspector, who is not at the time an 
officer of the medical department of the Georgia Volunteers. 

§1132. Examination. All persons nominated as medical officers A p^ 893 ' 
of the volunteer forces of this State shall, before being commis- 
sioned, undergo such examination as to fitness as is now or may be 
provided for by law. 

§1133. Hold office during good behavior . All medical officers shall A p ct f 3 * 893 ' 
hold commissions during good behavior, and shall be subject to the 



§§ 1134-1137 ELEVENTH TITLE.— CHAPTER 1, ARTICLE 14. 816 

Hospital and ambulance corps. 

same regulations for the government of the volunteer forces as all 
other commissioned officers. 

Act | 3 1893 ' §1134. Surgeon-general. The surgeon-general of the Georgia Vol- 
unteers shall be attached to the military staff of the Governor, and, 
under his direction, shall have general supervision and control of all 
matters pertaining to the medical department of the volunteer forces 
of the State, and shall be charged with the administrative duties of 
the medical department; have supervision and direction of the 
selection and distribution of all medical and hospital supplies; ap- 
prove or disapprove of all requisitions for supplies from all medical 
officers; make, subject to the approval of the Governor, such regu- 
lations for the government of the medical department as he may 
deem necessary. He is chief of his department, and shall submit 
annually to the Governor a report, in writing, of the medical depart- 
ment, and shall perform such other duties as may be required of him 
by the Governor. 

A t £ t f 3 * 898 ' §1185. Surgeon-general to assign. The surgeon-general shall assign 
to permanent duty with the various commands of the Georgia Vol- 
unteers, the medical officers connected with such commands. Officers 
so assigned shall continue to act as part of the staff of the com- 
manding officer of the organization to which they are assigned. 

Acts 1893, §1186. Vacancies. An officer commissioned to fill a vacancy shall 
in like manner be assigned, andshall serve as part of the staff of the 
commanding officer of the command to which he is assigned. Officers 
of the medical department may be detached and detailed for tempo- 
rary duty by the surgeon-general should the interest of the medical de- 
partment so demand, but the detachment shall not continue beyond 
a reasonable period, nor to the detriment of the commands to which 
such officers are permanently assigned. 



ARTICLE 14. 

HOSPITAL AND AMBULANCE CORPS. 

A p ct |^ 893 ' §1137. Hospital corps. The hospital and ambulance corps shall be 
known and designated as the hospital and ambulance corps of the 
Georgia Volunteers, and shall consist of hospital stewards, acting 
hospital stewards and privates, and all necessary service in garrison, 
camp, or field, including ambulance service, shall be performed by the 
members thereof, who shall be regularly enlisted for a period of two 
years, under such regulations as may be prescribed by the Governor. 
Said hospital and ambulance corps shall be permanently attached to 
and be under the direction and control of the medical department 
of the Georgia Volunteers. 



317 ELEVENTH TITLE.— CHAPTER 2, ARTICLE 1. §§ 1138-1142 

Sundry regulations; contested elections. 

§1138. Hospital stewards. The surgeon-general of the Georgia Vol- A p ct | 3 1893, 
unteers shall have authority to appoint as many hospital stewards 
as, in his judgment, the service may require, but not exceeding two 
hospital stewards to each regiment, and not exceeding one hospital 
steward to each unassigned battalion or battery. 

§1139. Qualifications. No person shall be appointed a hospital Act | 3 1893, 
steward who is not a practical druggist, duly licensed from the State 
board of pharmacy. 

§1140. Privates of hospital-corps. The surgeon-general is empow- Act | 3 1893 ' 
ered to enlist, or cause to be enlisted, as many privates of the hos- 
pital and ambulance corps, each to be over eighteen years of age as 
the service may require, and to limit and fix the number, and make 
such regulations for their government as may be necessary. Any en- 
listed man of the Georgia Volunteers shall be eligible for transfer to 
the hospital and ambulance corps as a private. Privates of the hos- 
pital and ambulance corps shall perform duty as ward-masters, cooks, 
nurses, and attendants in hospitals, and as litter-bearers, and ambu- 
lance attendants in the field, and such other duties as may, by prop- 
er authority, be required of them, and these meu shall have all the 
rights and privileges of enlisted men of the volunteer forces. 

§1141. Detail. Privates of the hospital and ambulance corps may Act si893, 
be detailed as acting hospital stewards by the surgeon-general when- 
ever the necessities of the service require the same. Acting hospital 
stewards, when educated in the duties of the position, may be eligi- 
ble for appointment as hospital stewards. 



CHAPTER 2. 

SUNDRY REGULATIONS. 



ARTICLE 1. 

CONTESTED ELECTIONS. 

§1142. (1103 p.) Elections, how decided. In every election for an Acts 1878-9, 
officer of volunteers, the majority of the votes cast shall decide. In 
the event of a mere plurality or a tie, a new election shall be or- 
dered. When the returns show a majority of votes cast for one per- 
son, the Governor shall forthwith issue to the officer elect the proper 
commission, bearing date the day the election was held. If an elec- 
tion be contested, notice thereof shall be given to the Governor 
within five days after the election, and the commission shall be 



1143, 1144 ELEVENTH TITLE.— CHAPTER 2, ARTICLES 2, 3. 318 

Duration of commission. Uniforms. 

withheld until the contest shall be decided. In such a case either 
party contestant may, upon five days notice to the other, take testi- 
mony, upon oath, before any justice of the peace of the county in 
which the election was held, within thirty days after such election, 
which testimony shall be forwarded by such justice to the Gov- 
ernor for his decision thereon. The Governor's decision shall be 
final, and thereupon the commission shall be issued accordingly. 



ARTICLE 2. 

DURATION OF COMMISSION. 

^m 878 " 9 ' §1143. (1103q.) Duration of commission. Every commission issued 
to an officer of volunteers shall continue until death, resignation, 
promotion or dismissal of the officer. And all companies and bat- 
talions are hereby forbidden to adopt or retain rules providing for 
the periodical election of any commissioned officer. And commis- 
sions issued to staff-officers of battalions shall in like manner con- 
tinue, notwithstanding the death, resignation, or dismissal of the 
battalion commander, upon whose recommendation they were ap- 
pointed. Nevertheless, upon the disbanding of any company, or 
dissolution of any battalion, the commissions of all officers of such 
company or battalion shall thereupon cease. 



ARTICLE 3. 



UNIFORMS. 



A p Ct io7 8789, §H44. (1103s.) Uniforms. The uniform already adopted by any 
company or battalion already uniformed at the time of the passage 
of this Article, is hereby authorized, and may be retained by such 
company or battalion as long as it pleases, but it cannot be changed 
except for the uniform hereinafter provided for, and no company or 
battalion shall hereafter be received or recognized, or supplied with 
arms or accoutrements, or its officers commissioned, unless it be 
uniformed in the manner hereinafter provided for. But every bat- 
talion or unattached company shallbe at liberty to adopt such dis- 
tinctive marks, ornaments, or insignia, in addition to the uniform 
hereinafter provided for, as it may prefer, subject to the approval 
of the Governor: Provided, it makes no substantial change in the 
uniform. 



319 ELEVENTH TITLE.— CHAPTER 2, ARTICLE 4. §§ 1145-1149 

The flag of the State. 

§1145. Service uniform. There shall be adopted a service uniform Act | 4 1884 ~ 5 ' 
for the volunteer forces of this State, to be prescribed by the Gov- 
ernor in general regulations hereinafter provided for. 

§1146. Fatigue uniform. The military advisory board of this State Act ^889, 
shall prescribe a complete fatigue uniform for the Georgia Volun- 
teers, which uniform shall not be changed in any particular except 
by act of the legislature. 

§1147. Advisory board to contract for same. The advisory board Actswo), 
shall make a contract, or contracts, for the making and furnishing 
of the uniform prescribed, with one or more firms or persons, on 
such terms as said board may decide, and shall, on application, fur- 
nish a copy of said contract to each company in the State. If uni- 
forms are received from the United States government, said 
uniforms furnished shall be considered a compliance with the law. 

§1148. Uniform exempt. No part of the uniform or equipment or Act ^ 878 " 9 ' 
trooper's horse of any volunteer officer or soldier shall be subject to 1884 4 * 5 » 
levy and sale for debt, except for fines or other dues to his company 
or battalion, according to its rules, and such as may be imposed on 
him by sentence of a court martial. The members of said volun- 
teer forces shall in all cases, except treason, felony or breach of the 
peace, be privileged from arrest during their attendance at drills, 
parades, meetings, encampments, and the election of officers, and 
during the performance of any public duty as such members, and in 
going to and returning from the same. 



ARTICLE 4. 



THE FLAG OF THE STATE. 



§1149, (1103ss.) Description of flag. The flag of the State of ^J 878 " 9 ' 
Georgia shall be a vertical band of blue next the staff, and occupy- 
ing one-third of the entire flag; the remainder of the space shall be 
divided into three horizontal parallel bands, the upper and lower of 
which said bands shall be scarlet in color, and the middle band 
white. 



1150-1154 ELEVENTH TITLE.— CHAPTER 3, ARTICLES 1, 2. 320 



The public arms and arsenals. Military storekeepers. 



CHAPTER 3. 

THE PUBLIC ARMS AND ARSENALS. 



ARTICLE 1. 

ARSENALS. 



§1150. (1180.) Public arms, where kept. The public arms of the 
State are to be deposited in the arsenals, and at such place as the 
commander-in-chief may order, or the General Assembly prescribe. 

§1151. (1187.) Deposits of gunpowder. Gunpowder shall not be 
deposited in any arsenal contrary to any ordinance or by-law of the 
city where it is situated. 



ARTICLE 2. 

MILITARY STOREKEEPERS. 

§1152. (1188.) Military storekeepers. The Governor has power to 
appoint military storekeepers for such arsenals or other places where 
the public arms may be kept, who hold their offices for one year. 

§1153. (1189.) Shall give bond and surety. Before entering on the 
discharge of their duties, all military storekeepers shall give bond 
and surety in such sum as the Governor may order, and shall also 
swear faithfully to discharge the duties of their offices to the best 
of their skill and knowledge. 

§1154. (1190.) The duties of military storekeepers . It is their duty — 

1. To take into possession and safely and nicely keep all the State 
arms, accoutrements, munitions, or other State property committed 
to their care; to deposit them in the State arsenal if in good repair, 
or in such other building as they may be directed, and to keep such 
arsenal or building in proper order. 

2. To make annually, or oftener if required by the Governor or 
secretary of State, 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 property in their keeping, in- 
cluding the condition of their buildings. 

3. To deliver to any officer or person having the order of the sec- 
retary of State the arms or other property required, if in their pos- 
session. 

4. To obey all lawful orders, and to perform such other duty as 
the law may require. 



321 ELEVENTH TITLE.— CHAPTER 3, ARTICLES 3, 4. §§ 1155-1157 

Armory. Arms and munitions. 

§1155. (1191.) Penalty for violation of duty . If such keeper shall 
violate aay portion of his duty, for each violation he forfeits 
twenty-five dollars of his salary, and for unfaithful conduct or 
inefficiency may be removed by the Governor. 



ARTICLE 3. 

ARMORY. 



§1156. Armories public property . Each armory owned and occu- Acts 1884-5, 
pied by any command of said volunteer forces shall be, to all intents 
and purposes, public property — that is to say, the State shall have 
the right to use the same for public purposes of a military charac- 
ter, to quarter troops therein in times of emergency, to be judged 
of by the commander-in-chief, and to otherwise use the same for 
military purposes, such use, however, to be consistent with the occu- 
pation of the same by said command holding the legal title thereto, 
and so as not to oust the said command therefrom, and as such 
public property, each said armory, and the land upon which it is 
situated while it is used and occupied as such, shall be exempt from 
any taxation, State, county, or municipal. The adjutant and in- 
spector general shall see that all such armories are kept in service- 
able condition, and shall report on the same to the commander-in- 
chief in his annual report. All rents or income of any portions of 
such armories shall be the property of the command owning the 
same. The State shall not appropriate any money for the repair of 
such buildings, but all repairs and other expenses incident to pre- 
serving and repairing such buildings shall be paid by the command 
owning the same. 



ARTICLE 4. 

ARMS AND MUNITIONS. 

81157. Arms and ammunition. The arms and accoutrements of the Acts 1878-9, 

. p. 108. 

volunteer troops of this State shall be such, in each arm, as are fur-i884-s, p.74. 
nished by the Governor out of those supplied to him by the govern- 
ment of the United States; and it shall be the duty of the Governor 
hereafter to distribute the arms obtained from the government of 
the United States to the volunteer forces as in his judgment may be 
to their best advantage, and all the companies of each battalion 
must be armed and accoutred alike; but any company of either arm, 
to which the Governor may be unable to furnish arms and accoutre- 

21 



§§ 1158, 1159 ELEVENTH TITLE.— CHAPTER 3, ARTICLE 4. 322 

Arms and munitions. 

meets, may find its own, subject to the rules that all the companies 
of the same battalion shall be armed and accoutred alike, and that 
all such arms be such as are used in the army of the United States; 
and no company shall be received, recognized or commissioned unless 
the Governor be prepared to furnish it with arms and accoutrements, 
or it be already furnished at its own expense. All arms and accoutre- 
ments furnished by the Governor shall be accounted for in the re- 
turns hereinafter provided for. But nothing herein contained shall 
be construed to prevent any company or battalion from having and 
using accoutrements, in time of peace, different from those supplied 
by the Governor, at its own expense: Provided, that all companies in 
the same battalion be accoutred alike. 
A p Ct io8 878 " 9, §1158. Supplies of ammunition. The Governor shall furnish an- 
1884-5, p. 74. nua Hy the commander of each battalion and unattached company 
the following supplies of fixed ammunition to the volunteers armed 
according to the provisions of the foregoing section, out of the sup- 
plies of ammunition received from the government of the United 
States, viz. : To each company of infantry not less than ten round 
of ball and six round of blank cartridges, of which not less than five 
round of ball cartridge shall be always on hand for the service of the 
State; to each company of cavalry, armed with pistols or carbines, 
not less than twenty round of ball cartridge, of which not less than 
ten round of ball cartridge shall be always on hand for the service of 
the State; to each battery of artillery not less than ten round of shot 
or shell per gun, and six round of blank cartridge, of which not less 
than five round of shot or shell per gun shall be always on hand for 
the service of the State, and there shall be added for the artillery 
the proper proportion of friction primers. All ammunition issued 
shall be accounted for in the returns hereinafter required. The 
Governor may furnish from the source aforesaid further supplies of 
ammunition to said volunteer forces, if in his judgment he deem it 
best. 

Aet ioq 8789 ' §11^9. (1103v.) Bond to be given for arms and accoutrements. All 
1880-1. arms and accoutrements shall be issued by the Governor to the com- 

p. 104. J _ 

mander of the company, and shall be receipted for by him; but no 
such issue shall be made until after there shall have been executed 
and delivered to the Governor a bond of the officer, with at least two 
sureties, who shall be jointly and severally bound, and each of whom 
shall be sworn that he is worth the amount of the bond over and 
above his indebtedness, and the amount of the homestead exemption 
allowed by law, in double the value of such arms and accoutrements, 
payable to the Governor aud his successors in office, for the safe- 
keeping, proper use, and surrender, when required, of the same. In 
the event of the death, resignation, or dismissal of such officer, his 



323 ELEVENTH TITLE.— CHAPTER 3, ARTICLE 4. § 1160 

Arms and munitions. 

successor shall not be commissioned or entitled to enter upon his 
command until he shall have reported to the Governor the arms and 
accoutrements remaining of those originally issued to the command, 
and have delivered to the Governor his own bond for the same, with 
sureties as above prescribed. The person giving bond for arms and 
accoutrements, his executors, administrators and sureties, shall be 
liable to suit in the proper court for damages resulting from a breach 
thereof. And any non-commissioned officer or soldier, to whom his 
commanding officer may find it necessary or convenient to intrust 
arms or accoutrements issued by the State shall be liable to such of- 
ficer for any loss of or injury to the same, in any court having juris- 
diction of the person of the defendant and the amount of the de- 
mand. And if any officer or soldier shall sell or otherwise dispose of 
any arms or accoutrements belonging to the State in his possession, 
custody or control, the purchaser shall acquire no title, and such 
officer or soldier shall, upon conviction thereof by a court martial, 
be dismissed from the volunteer force. And it shall be the duty of 
the Governor to require the adjutant-general to inspect, at least once 
in every year, the arms and accoutrements issued to each company 
and each military school or college in the State, and to make a 
written report of such inspection, showing the condition of such 
arms and accoutrements, and the nature and extent of the 
repairs needed, if any; and such repairs may be ordered by the 
Governor by the supply of missing parts from the quota received 
from the United States, or by the employment of skilled artisans 
under the direction of the company commander or president, who 
shall be paid by the Governor out of the contingent fund upon item- 
ized accounts certified by the company commander or president. 
The adjutant-general shall receive no compensation for these in- 
spections, but the necessary expenses of them, not exceeding the 
amount of two hundred and fifty dollars in any one year, shall be 
paid out of the contingent fund upon itemized accounts. 

§1160. (1103 w.) Arms, etc., surrendered, when. Wheneverany com- ^p ^ 878 " 9 ' 
pany shall be disbanded, or shall refuse to obey the lawful order of its 
company or battalion commander, or of the Governor, the Governor 
may require the immediate surrender of all arms, accoutrements, and 
ammunition issued for its use; and upon neglect or refusal to sur- 
render the same within thirty days after such demand, the captain 
and his sureties shall become liable to suit on his bond, and the 
arms, accoutrements, and ammunition may be taken possession of 
wherever found by any officer of the State, civil or military, by such 
summary process as the law provides, and immediately delivered to 
the Governor, or his order. 



§§ 1161-1163 ELEVENTH TITLE.— CHAPTER 4, ARTICLE 1. 324 

Parades; parades, when and by whom ordered. 

Acts^i884-5, §1161. Keeping arms, etc. Regulations shall be prescribed by the 
commander-in-chief from time to time, in general orders, concern- 
ing the keeping of arms, equipments and military property in charge 
of any command of said volunteer forces; concerning the armories 
of the several commands of said volunteer forces; requiring that the 
property of the State in possession of each of said commands shall 
be insured against loss or damage by fire; requiring target practice 
by each of the said commands once a year, and the record thereof 
(furnishing all details thereof) to be promptly forwarded thereafter 
to the adjutant and inspector general; transmitting to the sev- 
eral commands all matters of general interest of a military nature, 
and otherwise forwarding and maintaining proper drill and disci- 
pline throughout the said volunteer forces. 

Act | 4 1884 " 5 ' §1162. Collection of arms, etc. It shall be the duty of the Governor 
to take immediate steps to gather in and collect together all of the 
arms, equipments, and military property of the State which may 
have been issued heretofore to commands now disbanded and no 
longer in actual existence, and to this end to bring such suits as may 
be necessary upon the bonds given to secure the State for the issu- 
ance of such arms, equipments, or military property. 



CHAPTER 4. 



PARADES. 



ARTICLE 1. 

PARADES, WHEN AND BY WHOM ORDERED. 

A > ct iio 8789, §1 163. Parades and inspection. Every company of volunteers shall 
1884-5, p. 74. parade at least four times in every year, and every battalion at least 
once every year, the times to be appointed by the rules adopted by 
such company or battalion, or in the absence of such rules, by its 
commanding officer. The Governor may order such other parades, 
not exceeding one in any year, of any company or battalion, as he 
may think proper, for inspection or review by the adjutant and in- 
spector general, or such officer of volunteers as he may designate 
for that duty. 



825 ELEVENTH TITLE.— CHAPTER 4, ARTICLES 2, 3. §§ 1164-1167 

Order at parades. Sutlers, etc. 

ARTICLE 2. 

ORDER AT PARADES. 

81164. (1103y.) Disturbers of parades subject to arrest. The officer Acts 1878-9, 

o \ j j .i r j p 110 

commanding any detachment, company, or battalion at any parade, 
or during the performance of any other duty ordered by proper au- 
thority, shall have authority to arrest and place under confinement 
during the continuance of such duty, any person who shall in any 
way willfully disturb or interrupt the peaceable and orderly pro- 
ceedings of such detachment, company, or battalion, and such per- 
son shall, moreover, be liable to prosecution in the superior court. 

§1165. (1143.) Insubordination by bystanders or volunteers. If a 
bystander, or person not connected with the military, shall molest, 
interrupt, or insult any officer or soldier while on duty at any 
parade or muster, such person shall be subject to prosecution, as 
provided in section 346 of the Penal Code, and the commanding 
officer where such offense shall happen shall have power to confine 
such person under guard until the close of such parade or muster. 
And if any person connected with the military service of the State 
shall be guilty of any of said offenses or shall otherwise violate 
military order or decorum, he shall be arrested and punished at the 
discretion of a court martial. 



ARTICLE 3. 

SUTLERS, ETC. 



§1166. (1145.) Sutlers under the control of commanding officer. 
When any sutlers shall attend any military muster or parade, they 
shall be under the direction of the commanding officer with regard 
to the time and place of selling refreshments, and such commanding 
officer shall have power to grant exclusive privileges to such persons 
as may engage to furnish suitable, spacious, and convenient places 
of parade. 

§1167. (1146.) Treatment of intoxicated visitors. Visitors found on 
the parade-ground during the times thereof, intoxicated, may by the 
commander be marched beyond the lines, and on returning in the 
same state, may be put under guard. 



1168, 1169 ELEVENTH TITLE.— CHAPTER 5, ARTICLES 1, 2. 326 

Duty in case of invasion, riots, and mob violence; war or invasion. Riots, mobs, etc. 

CHAPTER 5. 

DUTY IN CASE OF INVASION, RIOTS, AND MOB VIOLENCE. 



ARTICLE 1. 

WAR OR INVASION. 

Acts 1878-9, 81168. Proceeding in case of invasion, etc. In case of any invasion, 
p. no. ... 

1884-5, p. 74. rebellion, insurrection or probable prospect thereof, the Governor 

shall have authority to order into the service of the State such por- 
tion of the volunteer forces as in his judgment the occasion shall 
require, and to detail or appoint to command them the ranking of- 
ficer so ordered, or any other officer of superior rank, and such other 
officers for their payment and supply as he may find necessary. 



ARTICLE 2. 

RIOTS, MOBS, ETC. 

Act iio 878 °' §H69. Governor's duty. Whenever any judge of the superior court, 
Sg 5, p ' 74 ' city-court judge, sheriff, or mayor of any incorporated city, town or 
village in this State shall have reasonable cause to apprehend the 
outbreak of any riot, rout, tumult, insurrection, mob, or combina- 
tion to oppose the enforcement of the laws by force or violence, 
within the jurisdiction in which such officer is by law a conservator 
of the peace, which cannot be speedily suppressed or effectually pre- 
vented by the ordinary posse comitatus and peace-officers, it shall 
forthwith become the duty of such judge, sheriff, or mayor to report 
the facts and circumstances, in writing, to the Governor, and request 
him to order out such portion of the volunteer forces of this State 
as may be necessary to enforce the laws and preserve the peace; and 
it thereupon shall be the duty of the Governor, if he deem such ap- 
prehension well founded, to order out, or direct to be held in readi- 
ness, such portion of the volunteer forces of the State as he may 
deem advisable for the proper enforcement of the law, and he may 
direct the officer in command of the troops to report to the officer 
making such application, or any one or more of them, and to obey 
the orders of such civil officer, or if the Governor deem it advisable, 
may specially instruct the officer in command of such troops as to 
the duties required of them, and direct their execution under the 
immediate control of the Governor. 



827 ELEVENTH TITLE.— CHAPTER 5, ARTICLES 3, 4. §§ 1170, 1171 

Power of mayor in cases of emergency. Order to disperse before firing. 

ARTICLE 3. 

POWER OF MAYOR IN CASES OF EMERGENCY. 

§1170. Call in case of emergency. Whenever any riot, outbreak, ^nl 878 " 9, 
tumult, mob or rout shall occur or be imminent under such circum- 1884 * 5 ' p ' 74 * 
stances that timely application cannot be made to the Governor, 
and action had thereon by him, the mayor of any city, town, or vil- 
lage in which any of said volunteer forces are located, if he ascer- 
tains or has good reason to believe that the ordinary posse comitatus 
or civil power of the county, city, town, or village where such viola- 
tion of the laws and peace of this State occurs or appears imminent, 
are or would be unable to promptly suppress or prevent the same, 
may, without first making application to the Governor, direct the 
commander of each company, or part of a company of said volun- 
teer forces, in the county or said city, town, or village where such 
lawlessness exists or is threatened, to call out and report with his 
command to such civil officer, to enforce the laws and preserve the 
peace, and it shall be the duty of such commander and all persons 
composing such command to obey such order. 



ARTICLE 4. 

ORDER TO DISPERSE BEFORE FIRING. 

§1171. Mob to be ordered to disperse, when and hoiv. Before using 
any military force in the dispersion of any riot, rout, tumult, mob, 
or other lawless or unlawful assembly or combination mentioned, it 
shall be the duty of the civil officer calliug out such military force, 
or some other conservator of the peace, or if none be present, then 
of the officer in command of the troops, or some person by him 
deputed, to command the persons composing such riotous, tumultu- 
ous, or unlawful assemblage or mob to disperse and retire peaceably 
to their respective abodes and businesses: Provided, that in no case 
shall it be necessary to use any set or particular form of words in 
ordering the dispersion of any riotous, tumultuous, or unlawful as- 
sembly, nor shall any such command be necessary where the officer 
or person in order to give it would necessarily be put in imminent 
danger of loss of life, or great bodily harm, or where such unlawful 
assemblage or mob is engaged in the commission or perpetration of 
any forcible or atrocious felony, or in assaulting or attacking any 
civil officer or person lawfully called to aid him in the preservation 
of the peace, or is otherwise engaged in actual violence to persons or 
property. 



§§ 1172-1174 ELEVENTH TITLE.— CHAPTER 5, ARTICLES 5, 6. 328 

penalty for riot and failing to disperse. Assaulting troops and resisting attack. 

ARTICLE 5. 

PENALTY FOR RIOT AND FAILING TO DISPERSE. 

§1172. Penalties for riot. Any person or persons composing or tak- 
ing part in any riot, rout, tumult, mob, or lawless combination or 
assembly mentioned in this Chapter, who, after being duly com- 
manded to disperse, as hereinbefore provided, willfully and inten- 
tionally fails to do so as soon as practicable, shall be guilty of a 
felony, and on conviction thereof shall be imprisoned in the peni- 
tentiary not less than one nor more than tw r o years. 
A p Ct 74 1884 * 5 ' §1173. Killing rioters or injuring property. Any person or persons 
composing or taking part, or about to take part, in any riot, mob, 
rout, tumult, or unlawful combination or assembly mentioned in 
this Chapter, having been duly commanded to disperse, or where 
the circumstances are such that no such command is requisite, under 
the provisions of this Chapter, the civil officer to whom such military 
force is ordered to report, or, if there be no civil officer present, then 
such military officer (or if such command is acting under the direct 
order of the Governor, then such officer within the limits provided 
in his instructions), shall take such steps and make such disposition 
for the arrest, dispersing or quelling of the persons composing or 
taking part in any such mob, riot, tumult, outbreak, or unlawful 
combination or assembly mentioned in this Chapter, as may be 
deemed requisite to that end, and if in doing so any person is killed, 
wounded, or otherwise injured, or any property injured or destroyed 
by the civil officer, or officer or member of the said volunteer forces, 
or other person lawfully aiding them, such civil officer, military 
officer, or member of the said volunteer forces, or person lawfully 
aiding them, shall be held guiltless in all cases, unless it be made 
to appear that such killing, wounding, or injury to persons, or injury 
or destruction to property, was wanton or malicious, without seem- 
ing necessity or excuse therefor. 



ARTICLE 6. 

ASSAULTING TROOPS AND RESISTING ATTACK. 

§1174. Assaulting troops. Any person, or persons, who unlawfully 
assaults, or fires, or throws any missile at, against, or upon any 
member or body of the said volunteer forces, or civil officer, or other 
person lawfully aiding them, when assembling or assembled for the 
purpose of performing any duty under the provisions of this Chapter, 
shall be guilty of a misdemeanor. 



829 ELEVENTH TITLE.— CHAPTER 5, ARTICLE 7. §§ 1175-1178 

Right of way for troops. 

§1175. Resisting attack. If any portion of the volunteer forces, or 
other persons lawfully aiding them in the performance of any duty 
under the provisions of this Chapter, are assaulted, attacked, or in 
imminent danger thereof, the commanding officer of such troops 
need not await any orders from any civil magistrate, but may at 
once proceed to quell such attack, and take all other needful steps 
for the safety of his command. 

§1176. Duty of citizens when shot is fired, etc. Whenever any shot is ^ ct | 4 1884 " 5 ' 
fired, or missile thrown at or agajnst or upon any body of said vol- 
unteer forces, or upon any officer or member thereof assembling or 
assembled for the performance of any duty under the provisions of this 
Chapter, it shall forthwith be the duty of every person in the assem- 
blage from which the shot is fired, or missile thrown, to immediately 
disperse and retire therefrom without awaiting any order to do so; 
and any person knowing or having reason to believe that a shot has 
been fired or missile thrown, as aforesaid, from any assemblage 
of which such person forms a part, or with which he is present, and 
failing immediately, without lawful excuse, to retire from such as- 
semblage, shall be deemed guilty of a misdemeanor, and on convic- 
tion thereof shall be imprisoned in the county jail for not less than 
one month nor more than one year; and any person so remaining in 
such assemblage after being duly commanded to disperse shall be 
deemed guilty of a felony, and on conviction thereof shall be im- 
prisoned in the penitentiary for not less than one nor more than two 
years. 



ARTICLE 7. 

RIGHT OF WAY FOR TROOPS. 

§1177. Right of ivatj for troops. The United States forces or troops, A p c . t ? 4 1884 " 5, 
or any portion of said volunteer forces, parading or performing any 
duty according to law, shall have the right of way in any street or 
highway through which they may pass: Provided, the carriage of the 
United States mails, the legitimate functions of the police, and the 
progress and operation of fire-engines and fire departments shall not 
be interfered with thereby. 

§1178. Control of streets. Whenever any rout, riot, or mob has oc- A p ct ? 4 * 884 " 5 ' 
curred, or is progressing, or so imminent that any portion of the 
said volunteer forces is or has been called out for the performance 
of any duty under the provisions of this Article, it shall be lawful 
for the civil officer under whose orders the volunteer forces are act- 
ing, or the commanding officer of such volunteer forces, if it be 
deemed advisable in subduing or preventing such mob or riot, or the 



1179, 1180 ELEVENTH TITLE.— CHAPTER 6. 330 



Protection of prisoners; trial of volunteers and change of venue. 



outbreak thereof, to prohibit all persons from occupying or passing 
on any street, road, or place, in the vicinity of the rout, mob, or riot, 
or the place where the same is threatened, or where the said volun- 
teer forces may be for the time being, and otherwise to regulate 
passage and occupancy of such streets and places. Any person, after 
being duly informed of such prohibition or regulations, who will- 
fully and intentionally, without any lawful excuse, attempts to go 
or remain on such street, road, or place, and fails to depart after be- 
ing warned to do so, is guilty of a .misdemeanor, and on conviction 
thereof shall be fined not less than one nor more than one thousand 
dollars, and may also be imprisoned in the county jail for not less 
than thirty nor more than one hundred days; and in such case it 
shall be the duty of the officer commanding troops forthwith to ar- 
rest persons thus offending and turn them over to some civil magis- 
trate. 



CHAPTER 6. 



PROTECTION OF PRISONERS; TRIAL OF VOLUNTEERS AND CHANGE 

OF VENUE. 

Acts^i884-5, §1179. Protection of prisoners. The commanding officer of any 
body of said volunteer forces guarding any jail, public building or 
other place, or escorting any prisoner, may, if he deem it advisa- 
ble, prescribe a reasonable distance in the vicinity of such jail, pub- 
lic building or other place, or escort of such prisoner, within which 
persons shall not come; and any person knowingly and willfully, 
without lawful excuse, coming within said limits, without the per- 
mission of such officer, and refusing to depart after being ordered 
to do so, shall be deemed guilty of a misdemeanor, and on conviction 
thereof shall be imprisoned in the county jail not less than thirty 
nor more than three hundred days; and any person so coming and 
remaining in said limits in the night-time shall be guilty of a felony 
and punished by imprisonment in the penitentiary for not less than 
one nor more than two years; and in either case it shall be the duty 
of the officer commanding such troops forthwith to arrest persons 
thus offending and turn them over to some civil magistrate. 

Acts^i884-5, gngo. Command in case of war. In case of war, riot, or insurrec- 
tion, or imminent danger thereof, or in any other event when it may 
be necessary to call into active service both the Georgia Volunteers 
and the Georgia Volunteers, Colored, the companies or battalions 
thereof shall be under the command of the senior officer of said 
Georgia Volunteers then present. 



331 ELEVENTH TITLE.— CHAPTER 7, ARTICLE 1. §§ 1181-1184 

Courts martial; organization and jurisdiction of general courts martial. 

§1181. Report to Governor. Whenever any troops are ordered out ^^J 878 " 9 ' 
by a civil magistrate under the provisions of this Article, without 1884 " 5,p - 74 - 
first obtaining an order from the Governor, it shall be the duty of 
the civil magistrate and also of the commander of such troops to 
report the facts as soon as practicable to the Governor, and in all 
cases the Governor may direct such troops to perform their duties 
under his immediate orders. 

§1182. Change of venue. Any civil officer, military officer or A p Ct i 10 878 " 9 ' 
member of the said volunteer forces, or any person lawfully aiding 1884 ~ 5 ' p,74# 
them in the performance of any duty required under the provisions 
of this Article, if indicted or sued for any injury to person or prop- 
erty in endeavoring to perform such duties, shall have the right, 
and it is hereby made the duty of the court in which such indict- 
ment or suit is pending, upon the application of any person thus 
indicted or sued, to transfer the trial of the indictment or suit to 
some county free from exception, other than that in which the in- 
dictment was found or injury done. Any officer whose command is 
called out under the provisions of this Article, and reporting to any 
civil magistrate, may require such magistrate to make such order in 
writing, and prescribe therein the outline of the duties required of 
him and his command, and may decline to obey such orders until 
put in writing, and while such commanding officer must obey all 
lawful commands of such magistrate, such military officer may use 
his discretion as to the manner of carrying out such orders so long 
as he complies with their spirit. 



CHAPTER 7. 

COURTS MARTIAL. 



ARTICLE 1. 

ORGANIZATION AND JURISDICTION OF GENERAL COURTS MARTIAL. 

§1183. (1131.) Courts martial to adjudge fines, etc. Military for- 
feitures, fines, and penalties shall be adjudged by courts martial, in 
accordance with military law and the usage of the army of the 
United States. Notices to officers charged with offense, to appear 
at a general court martial, shall be personally served at least twenty 
days before the time prescribed for holding court, and may be con- 
tained in the order appointing the court. 

§1184. (1132.) Constitution and rides of courts martial. The con- 
stitution of all courts martial shall be in accordance with regula- 



1185-1189 ELEVENTH TITLE.— CHAPTER 7, ARTICLE 1. 832 

Organization and jurisdiction of general courts martial. 

tions of the army of the United 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 im- 
pose sentence of death on any offender in time of peace, or imprison 
an offender (except for contempt) in time of peace. 

§1185. (1133.) General court, how convened. General courts mar- 
tial shall be convened on the order of the commander-in-chief; they 
shall have cognizance of all military offenses, and shall not sit with 
less than five nor more than thirteen members, except where super- 
numeraries are summoned, but the acting members of the court 
shall never exceed thirteen. Regimental courts martial may be 
ordered by a commander of a regiment or battalion, to consist of 
three or more commissioned officers of the regiment or battalion, at 
least, for trial of offenses committed within the battalion or regi- 
ment, and company courts martial may assemble by the order of 
any captain of a company for the trial and assessment of all fines 
for delinquencies at any parade or muster, to consist of the com- 
missioned officers of the company. 

§1186. (1134.) Officers, besides military punishment, subject to fine. 
Besides the penalties usually adjudged against military offenses, 
officers shall be subject to fine for non-attendance at parade, drill, 
or muster, and for other non-performance of duty, but no fine for 
absence at company parade, drill, or muster, shall exceed ten dol- 
lars, exclusive of the cost of collecting the same, except as herein 
provided. 

§1187. (1135.) Officers refusing to attend court martial. If any offi- 
cer charged with a military offense shall refuse to attend a court 
martial convened for the trial thereof, the case shall proceed as if 
he were present. Company courts martial may proceed and assess 
fines without the presence of the delinquents: Provided, they were 
duly warned to perform the duty concerning which they are delin- 
quent. 

§1188. (1136.) Compensation of courts martial. Officers detailed 
on a general court martial shall be paid the sum of four dollars per 
day during the time of their actual session, and four dollars for 
every twenty miles in going and returning therefrom, to be paid by 
the Governor by warrant, on the necessary production of the cer- 
tificate 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 regi- 
ment, battalion, or company. 

§1189. (1137.) Court may punish for contempt. Courts martial 
shall have power to punish contempts in the same manner as civil 
courts. 



383 ELEVENTH TITLE.— CHAPTER 7, ARTICLE 2. §§ 1190-1195 

Special courts martial. 

§1190. (1138.) Fines collected by execution. Pecuniary penalties 
assessed by any courts 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, ac- 
cording to the laws of this State. 

§1191. (1139.) Degraded. Non-commissioned officers shall be de- 
graded to ranks only by sentence of a company court martial. 

§1192. (1140. ) Execution to be returned in sixty days. All executions 
for the collection of any penalty adjudged by a court martial shall 
be returned to the officer issuing the same, with the money collected 
thereon, or a return of no property 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 return, 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. 

§1193. (1141.) Officers receiving moneys collected. All officers of 
the militia receiving fines or pecuniary penalties, collected by exe- 
cution, 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 paymaster-general shall lay an 
abstract of the same before the commander-in-chief annually. 



ARTICLE 2. 

SPECIAL COURTS MARTIAL. 

§1194. Courts martial. The rules of any company or battalion Acts 1878-9, 
may provide for the organization of courts martial within such com- 1884-5, p. 74. 
pany or battalion for the trial and punishment of its own members 
for offenses against its own rules, subject to the restrictions herein- 
before set forth, and the sentence of such courts within the scope of 
their power shall be respected. There shall be a regimental board of 
officers to each regiment, and a battalion board of officers to each 
battalion, to consist of all the commissioned officers of the regiment 
or battalion, which shall have power to pass laws for their own gov- 
ernment and that of the battalion, to establish fines and penalties 
for violation of such laws, and to establish penalties for non-attend- 
ance of the various non-commissioned officers and privates at any 
drill of the regiment or battalion. 

§1195. (1103gg.) Officers, how tried. For the trial of any officer of A p ct ^ 878 - 9 ' 
a company attached to a battalion, for a military offense, not pro- 
vided for by the rules of the company or battalion to which he be- 
longs, the battalion commander shall have authority to order a 



1196, 1197 ELEVENTH TITLE.— CHAPTER 7, ARTICLES 8, 4. 334 

Service of notice; venue. Punishment. 

court martial, composed of officers of the same battalion, not less 
than five nor more than seven in number, and not including any 
officer of the same company junior in rank to the accused. If the 
accused officer belong to an unattached company, the court shall be 
ordered by the Governor, subject to the foregoing regulations as to 
the number and qualifications of the officers composing it. If the 
accused be a field-officer of a battalion, the court shall, in like man- 
ner, be ordered by the Governor, and shall consist of not less than 
five nor more than seven officers, none of whom shall be of the same 
battalion and junior in rank to the accused. It shall not be neces- 
sary, in any case, that the members of the court shall be of equal or 
superior rank to the accused. 



ARTICLE 3. 

SERVICE of notice; venue. 

Actsms-9, g im (H03hh.) Officers, where tried. Except when the accused 
officer is in actual service of the State, every such court martial 
shall be held in the county where the offense was committed; and 
the accused officer shall have at least thirty days notice of the time 
the court is to convene (with a copy of the charges against him, 
and of the order under which the court is to convene). If the ac- 
cused officer refuse or fail to attend without sufficient excuse, to be 
judged of by the court, the court may, upon proof of service of no- 
tice upon him, as above provided, proceed to hear and decide in his 
absence. In all particulars not herein provided for, the organiza- 
tion and proceedings of t