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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 



.UNIVERSITY OF GEORGIA LAW LIBRARY 




3 8425 00480 0608 






Digitized by the Internet Archive 

in 2011 with funding from 

LYRASIS Members and Sloan Foundation 






http://www.archive.org/details/codeofstateofgeov2prep 



THE CODE 



OF THE 



STATE OF GEORGIA. 



ADOPTED DECEMBER 15th, 
1895. 



PREPARED BY 

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



VOL. II. 



ATLANTA, GEORGIA: 
THE FOOTE & DAVIES COMPANY, 
Printers and Binders. ' 
• 1896. 



4 



a. 4 



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. 



CONTENTS. 



THE CIVIL CODE. 



FIRST TITLE. 



Of Persons. §§1802-1830. 



Chapter 1. Different kinds of persons, 
their rights and duties. §§1802-1823. 
Article 1. Of citizens. §§1802-1812. 
Article 2. Residents and aliens. §§1813- 
1819. 



Article 3. Of persons of color. §§1820- 
1823. 
Chapter 2. Of domicile, and manner of 
changing the same. §§1824-1830. 



SECOND TITLE. 

Corporations. §§1831-2409. 



Chapter 1. Corporations, their creation, 
powers, and liabilities. §§1831-1902. 
Article 1. How created. §§1831-1834. 
Article 2. Their creation. §§1835-1845. 
Article 3. Foreign corporations. §§1846- 

1850. 
Article 4. Powers and liabilities of cor- 
porations. §§1851-1878. 
Article 5. Their dissolution. §§1879-1887. 
Article 6. Liability of stockholders. 

§§1888-1891. 
Article 7. Suits against corporations or 

stockholders. §§1892-1898. 
Article 8. Corporations, how served. 
§§1899-1902. 
Chapter 2. Private corporations. §§1903- 
2409. 
Article 1. Banks. §§1903-1985. 
Section 1. How incorporated, and their 

powers. §§1903-1911. 
Section 2. Regulation of banks. §§1912- 
1920. 



Section 3. Examination of banks, 

§§1921-1928. 
Section 4. Circulation of notes by State 

banks. §§1929-1954. 
Section 5. Obligations and penalties. 

§§1955-1982. 

Section 6. Suits against banks. §§1983- 
1985. 
Article 2. Canal companies. §§1986-1999. 
Article 3. Express companies. §§2000- 

2006. 
Article 4. Insurance companies. §§2007- 
2146. 
Section 1. Incorporation of insurance 

companies. §§2007-2030. 
Section 2. Insurance companies, how 
authorized to do business. §§2031- 
2033. 
Section 3. Bonds and deposit required. 
§§2034-2043. 



IV 



CONTENTS. 



SECOND TITLE.— Continued. 



Section 4. Regulation of insurance 

companies. §§2044-2051. 
Section 5. Proceedings in case of in- 
solvency. §§2052,2053. 
Section 6. Agents of insurance com- 
pany. §§2054-2059. 
Section 7. Comity to foreign insurance 

companies. §2060. 
Section 8. Assessment and other com- 
panies, reports, etc. §§2061-2071. 
Section 9. Brokers may place insu- 
rance for companies not licensed 
in this State. §§2072-2084. 
Section 10. Pooling. §§2085-2088. 
Section 11. Fire-insurance contracts. 

§§2089-2113. 
Section 12. Life-insurance. §§2114-2119. 
Section 13. Marine insurance. §§2120- 

2133. 
Section 14. Mutual insurance. §§2134- 

2139. 
Section 15. Damages. §2140. 
Section 16. Fidelity insurance. §§2141- 

2144. 
Section 17. Suits against insurance 
companies. §§2145, 2146. 
Article 5. Navigation companies, how in- 
corporated. §§2147-2158. 
Articles. Railroads. §§2159-2338. 
Section 1. Incorporation and powers. 
§§2159-2184. 
Division 1. Method of incorporation. 

§§2159-2162. 
Division 2. Organization and capital 

stock. §§2163-2165. 
Division 3. Corporate powers of rail- 
roads. §§2166-2179. 
Division 4. Street-railroads. §§2180- 
2184. 
Section 2. Railroad commission. 

§§2185-2218. 
Section 3. Operation of railroads. 
§§2219-2242. 



Section 4. Farm crossings and cattle- 
guards. §§2243-2246. 

Section 5. Injuries to stock. §§2247- 
2262. 

Section 6. Railroads as common car- 
riers, and herein of other car- 
riers. §§2263-2297. 

Section 7. Connecting roads ; receipt 
and delivery of freight, etc. §§2298- 
2319. 

Section 8. Injuries by railroads. 

§§2320-2325. 
Section 9. Rolling-stock of railroads. 

§§2326-2328. 
Section 10. Liens against railroads. 

§§2329-2333. 
Section 11. Suits against railroads. 

§§2334-2338. 
Article 7. Telegraph companies. §§2339- 
2348. 
Section 1. Their incorporation. 

§§2339-2344. 
Section 2. Con st ruction of lines. 

§§2345-2347. 
Section 3. Suits against. §2348. 
Article 8. Corporations created by supe- 
rior court. §§2349-2409. 
Section 1. How incorporated. §§2349, 

2350. 
Section 2. Schools, churches, societies, 

etc. §§2351-2362. 
Section 3. Literary, and other similar 

corporations. §§2363-2367. 
Section 4. Plank roads. §§2368-2371. 
Section 5. Charitable institutions for 

custody of children. §§2372-2387. 
Section 6. Building and loan associa- 
tions and their regulations. §§2388- 

2392. 
Section 7. Interstate building and loan 

associations. §§2393-2406. 
Section 8. Water- works com p a n i e s. 

§§2407-2409. 



THIRD TITLE. 

Op Domestic Relations. §§2410-2625. 



Chapter 1. Of husband and wife. §§2410- 
2492. 
Article 1. Of marriage and divorce. 
§§2410-2472. 



Section 1. Marriage, how and by 
whom contracted. §§2410-2424. 

Section 2. Of divorces, and how ob- 
tained. §§2425-2455. 



CONTENTS. 



THIRD TITLE.— Continued. 



Section 3. Of alimony. §§2456-2472. 
Article 2. Of the rights and liabilities of 

husband and wife. §§2473-2479. 
Article 3. Of marriage contracts and set- 
tlements. §§2480-2492. 
Chapter 2. Of parent and child. §§2493- 
2511. 
Article 1. Legitimate children. §§2493- 

2505. 
Article 2. Illegitimate children or bas- 
tards. §§2506-2511. 
Chapter 3. Of guardian and ward. §§2512- 
2597. 
Article 1. Their appointment, powers, 
duties, liabilities, settlements, resig- 
nation, etc. §§2512-2569. 
Section 1. How and by whom ap- 
pointed. §§2512-2538. 
Section 2. The powers, duties, and lia- 
bilities of guardians. §§2539-2556. 



Section 3. Settlement of guardian, 
resignation, and letters dismis- 
sory. §§2557-2569. 

Article 2. Guardians of lunatics, idiots, 
and persons non compos mentis. 
§§2570-2587. 

Article 3. Foreign guardians. §§2588- 
2597. 
Chapter 4. Master and servant. §§2598- 
2625. 

Article 1. Indented servants and appren- 
tices. §§2598-2609. 

Article 2. Master's liability to servant. 
§§2610-2614. 

Article 3. Hours of labor in manufac- 
turing establishments. §§2615-2620. 

Article 4. Seats and fire-escapes. §§2621- 
2625. 



FOURTH TITLE. 



Op Relations Arising from Other Contracts. §§2626-3044. 



Chapter 1. Of partnership. §§2626-2685. 
Article 1. General principles. §§2626- 

2639. 
Article 2. Rights and liabilities of part- 
ners among themselves. §§2640- 
2649. 
Article 3. Rights and liabilities of part- 
ners to third persons. §§2650-2661. 
Article 4. Limited partnership. §§2662- 
2685. 
Chapter 2. Debtor and creditor. §§2686- 
2696. 
Article 1. General principles. §§2686- 
2694. 
Section 1. Relation denned, etc. 

§§2686-2692. 
Section 2. Statute of frauds. §§2693, 
2694. 
Article 2. Acts void as against creditors. 
§§2695, 2696. 
Chapter 3. Preferences and assignments 
for benefit of creditors. §§2697-2715. 
Chapter 4. Insolvent traders. §§2716-2722. 
Chapter 5. Mortgages. §§2723-2770. 
Article 1. General principles. §§2723- 
2742. 



Article 2. Mortgages on real estate, how 
foreclosed. §§2743-2752. 
Section 1. Application to foreclose ; 
when, where, and how made, and 
proceedings thereon. §§2743-2745. 
Section 2. Of pleas, defenses, etc., 
when and how made. §§2746-2749. 
Section 3. Of the judgment and dispo- 
sition of mortgaged property. 
§2750. 
Section 4. Proceeds of sale of mort- 
gaged property, how appropriated. 
§§2751, 2752. 
Article 3. Of mortgages on personal 
property, how foreclosed. §§2753- 
2769. 
Section 1. Application to foreclose, 
by whom and how made. §§2753- 
2764. 
Section 2. Of the defenses, when and 
how made. §§2765-2769. 
Article 4. Foreclosure in equity. §2770. 
Chapter 6. Sales to secure debts. §§2771- 

2777. 
Chapter 7. Registration of transfers and 
liens. §§2778-2786. 



VI 



CONTENTS. 



FOURTH TITLE.— Continued. 



Chapter 8. Liens other than mortgages. 
§§2787-2826. 
Article 1. To whom granted, rank and 

priority. §§2787-2814. 
Article 2. Foreclosure of liens on real 

estate. §2815. 
Article 3. Foreclosure of liens on per- 
sonal property. §§2816-2820. 
Articled. Miscellaneous provisions. 
§§2821-2826. 
Chapter 9. Homesteads. §§2827-2875. 
Article 1. Exemptions. §§2827-2865. 
Section 1. In what, and to whom 

granted. §2827. 
Section 2. Application and schedule. 

§§2828-2830. 
Section 3. Notice to creditors. §§2831- 

2833. 
Section 4. Surveyor's return ; approval 
of plat and application. §§2834- 
2838. 
Section 5 Town prop erty. §§2839, 

2840. 
Section 6. Exemption of money. §2841. 
Section 7. Rights of wife and children, 

how protected. §§2842-2846. 
Section 8. Sale, reinvestment, and in- 
come. §§2847, 2848. 
Section 9. Levy and sale, when 

allowed. §§2849-2854. 
Section 10. Receiver for excess. 

§§2855-2862. 
Section 11. Waiver of homestead right. 

§§2863, 2864. 
Section 12. Supplemental homestead. 
§2865. 
Article 2. Statutory or short homestead. 
§§2866-2875. 



Section 1. Property exempt from sale. 



Section 2. How set apart. §§2867-2871. 
Section 3. Effect of exemption. 
§§2872-2875. 
Chapter 10. Interest and usury. §§2876- 

2893. 
Chapter 11. Of bailments. §§2894-2965. 
Article 1. General principles. §§2894- 

2902. 
Article 2. Of hiring. §§2903-2920. 
Article 3. Of deposits. §§2921-2943. 
Article 4. Of loans. §§2944-2954. 
Article 5. Pledges and pawns. §§2955- 
2965. 
Chapter 12. Of principal and surety. 
§§2966-2996. 
Article 1. The contract. §§2966-2969. 
Article 2. Relative rights of creditor 

and surety. §§2970-2978. 
Article 3. Rights of surety against prin- 
cipal. §§2979-2991. 
Article 4. Rights of sureties among 

themselves. §§2992-2994. 
Article 5. Rights of sureties as to third 
persons. §§2995, 2996. 
Chapter 13. Of principal and agent. 
§§2997-3044. 
Article 1. Relations of principal and 
agent among themselves. §§2997- 
3020. 
Article 2. Rights and liabilities of prin- 
cipal as to third persons. §§3021- 
3034. 
Article 3. Rights and liabilities of agent 

as to third persons. §§3035-3042. 
Article 4. Overseers. §§3043, 3044. 



FIFTH TITLE. 

Op Property and the Tenure by Which it is Held. §§3045-3079. 
Chapter 1. Of realty. §§3045-3069. | Chapter 2. Of personalty. §63070-3079. 

SIXTH TITLE. 

Estates and Rights Attached Thereto. §§3080-3207. 



Chapter 1. Of absolute estates, or in fee 
simple. §§3080-3086. 



Chapter 2. Of estates for life. §§3087- 
3097. 



CONTENTS. 



vn 



SIXTH TITLE.— Continued. 



Chapter 3. Of estates in remainder and 

reversion. §§3098-3108. 

Chapter 4. Of estates for years. §§3109- 

3114. 

Chapter 5. Of landlord and tenant. §§3115- 

3135. 
Chapter 6. Of estates on condition. 

§§3136-3141. 

Chapter 7. Of tenancy in common. 
§§3142-3147. 



Chapter 8. Of trust estates, trusts, and 
trustees. §§3148-3207. 
Article 1. Of their creation and nature. 
§§3148-3162. 

Article 2. Of trustees ; their appoint- 
ment, powers, etc. §§3163-3194. 

Article 3. Of trusts and trustees. §§3195- 
3201. 

Article 4. Of claims against trust es- 
tates. §§3202-3207. 



SEVENTH TITLE. 
Of Title and Mode op Conveyance. §§3208-3630. 



Chapter 1. Of title by grant. §§3208-3252. 
Article 1. Grants generally. §§3208-3222. 
Article 2. Of head rights. §§3223-3236. 
Article 3. Of land lotteries. §§3237-3242. 
Article 4. Processioning. §§3243-3252. 
Chapter 2. Of title by will. §§3253-3352. 
Article 1. Of the nature of wills, by 
whom and how executed. §§3253-3278. 
Article 2. Of probate and its effect. 

§§3279-3296. 
Article 3. Probate of foreign wills. 

§§3297-3306. 
Article 4. Of the executor. §§3307-3318. 
Article 5. Of devises and legacies. 

§§3319-3339. 
Article 6. Of revocation. §§3340-3348. 
Article 7. Of nuncupative wills. §§3349- 
3352. 
Chapter 3. Of title by descent and admin- 
istration. §§3353-3525. 
Article 1. Of inheritable property, and 
the relative rights of the heirs and 
administrator. §§3353-3358. 
Article 2. O f administration. §§3359- 
3525. 
Section 1. Different kinds of adminis- 
trators, and rules for granting let- 
ters. §§3359-3375. 
Section 2. County administrators. 

§§3376-3392. 
Section 3. The appointment of admin- 
istrators, their bond and removal. 
§§3393-3406. 
Section 4. Of inventories, appraise- 
ments, and returns. §§3407-3420. 
Section 5. Of managing the estate and 
payinet the debts. §§3421-3439. 



Section 6. Of receiving and making 
titles on bonds for titles. §§3440- 
3444. 

Section 7. Of administrator's sales. 
§§3445-3463. 

Section 8. Of distribution, advance- 
ments, and year's support. §§3464- 
3483. 

Section 9. Of commissions and extra 
■ compensation. §§3484-3492. 

Section 10. Of final settlements and 
receipts. §§3493-3500. 

Section 11. Suits against executors, 
administrators, and sureties. 
§§3501-3505. 

Section 12. Pleas of administrators, 
etc. §§3506, 3507. 

Section 13. Judgments against admin- 
istrators. §3508. 

Section 14. Of letters of dismission and 
resignation. §§3509-3515. 

Section 15. Of removing proceedings 
to another county. §§3516-3520. 

Section 16. Of foreign administrators. 
§§3521-3525. 

Chapter 4. Of title by contract. §§3526- 
3574. 
Article 1. Private sales. §§3526-3563. 
Article 2. Of gifts. §§3564-3574. 

Chapter 5. Of title by escheat, and forfei- 
ture. §§3575-8582. ^ ,. 



Chapter 6. Of title by prescription. 
3598. 



§§3583- 



Vlll 



CONTENTS. 



SEVENTH TITLE —Continued. 



Chapter 7. Of conveyances of title. §§3599- 
3630. 

Article 1. Generally. §§3599-3611. 



Article 2. Of covenants and warranty. 

§§3612-3617. 
Article 3. Of registration. §§3618-3630. 



EIGHTH TITLE. 



Of Contracts. §§3631-3806. 



Chapter 1. General principles. §§3631- 

3646. 
Chapter 2. Of the parties. §§3647-3655. 
Chapter 3. Of the consideration. §§3656- 

3665. 
Chapter 4. Of illegal and void contracts. 

§§3666-3671. 
Chapter 5. Of construction of contracts. 

§§3672-3675. 
Chapter 6. Of bills of exchange and prom- 
issory notes and other negotiable in- 
struments. §§3676-3700. 
Article 1. Of negotiable papers, and how 

transferred. §§3676-3686. 
Article 2. Of indorsers, notice and pro- 
test. §§3687-3693. 
Article 3. O f the rights o f holders. 
§§3694-3700. 
Chapter 7. Of defenses to contracts. 
§§3701-3792. 

Article 1. Denial of the contract. §§3701- 
3705. 



Article 2. Denial of the obligation of a 
contract, either originally or by a 
subsequent act of the opposite party. 
§§3706-3716. 
Article 3. Of payment, and herein of 
appropriation of payments. §§3717- 
3723. 
Article 4. Of performance, and herein of 

tender. §§3724-3731. 
Article 5. Accord and satisfaction. 

§§3732-3736. 
Article 6. Of pendency of another action , 

and former recovery. §§3737-3744. 
Article 7. Of set-off and recoupment. 

§§3745-3759. 
Article 8. Of limitation of actions on con- 
tracts. §§3760-3792. 
Section 1. Periods of limitation. 

§§3760-3778. 
Section 2. Exceptions and disabilities. 

§§3779-3787. 
Section 3. New promise. §§3788-3792. 
Chapter 8. Of breach and damage. §§3793- 
3806. 



NINTH TITLE. 



Op Torts, or Injuries to Persons or Property. §§3807-3920. 



Chapter 1. General principles, and herein 

of fraud and deceit. §§3807-3825. 
Chapter 2. Of injuries to the person. 
§§3826-3873. 
Article 1. Physical injuries. §§3826-3831. 
Article 2. Injuries to reputation. §§3832- 
3850. 
Section 1. Of libel and slander. 

§§3832-3842. 
Section 2. Malicious prosecution. 
§§3843-3850. 
Article 3. Other torts to the person. 
§§3851-3873. 



Section 1. False imprisonment. 

§§3851-3853. 
Section 2. Malicious arrest. §§3854- 

3857. 
Section 3. Nuisances and other inju- 
ries to health. §§3858-3866. 
Section 4. Of indirect injuries to the 
person. §§3867-3873. 
Chapter 3. Of injuries to property. §§3874- 
3890. 
Article 1. To real estate. §§3874-3884. 
Article 2. Of injuries to personnlty gen- 
erally. §§3885-3890. 
Chapter 4. Of defenses. §§3891-3604. 



CONTENTS. 



IX 



NINTH TITLE.— Continued. 



Article 1. Of justification. §§3891-3893. 
Article 2. Of satisfaction, and herein of 

tender. §§3894-3897. 
Article 3. Limitation of actions. §§3898- 

3901. 



Article 4. Of other defenses. §§3902- 
3904. 
Chapter 5. Of damages. §§3905-3920. 



TENTH TITLE. 



Op Equity. §§3921-4042. 



Chapter 1. General principles. §§3921-3945. 
Chapter 2. Of discovery. §§3946-3957. 
Article 1. In equitable proceedings. 

§§3946-3952. 
Article 2. Discovery i n other cases. 
§§3953-3957. 
Chapter 3. Of perpetuation of testimony. 
§§3958-3967. 
Article 1. Generally. §§3958-3962. 
Article 2. Method of perpetuating testi- 
mony. §§3963-3967. 
Chapter 4. Of accident and mistake. 
§§3968-3988. 



Chapter 5. Of account and set-off. 

3996. 
Chapter 6. Of administration of assets. 

§§3997-4005. 

Chapter 7. Of charities. §§4006-4011. 
Chapter 8. Of election. §§4012-4016. 
Chapter 9. Of execution of powers. §§4017- 

4023. 
Chapter 10. Of fraud. §§4024-4035. • 

Chapter 11. Of specific performance. 
§§4036-4042. 



THE CODE OF PRACTICE. 



FIRST TITLE. 

Courts of Original Jurisdiction, Their Officers, Organizations, and Practice. 

§§4043-4452. 



Chapter 1. General provisions. §§4043- 

4050. 
Chapter 2. Justices' courts, their officers, 
and practice. §§4051-4169. 
Article 1. Justices of the peace, notaries 
public, and their courts. §§4051-4082. 
Article 2. Constables. §§4083-4100. 
Article 3. O f proceedings i n justices' 
courts ; time and place of holding 
justices' courts. §§4101-4109. 
Article 4. Of jurisdiction of justices' 

courts. §§4110-4115. 
Article 5. Commencement of suits, serv- 
ice, etc. §§4116-4126. 
Article 6. Pleas and defenses. §§4127, 
4128. 



Article 7. Evidence. §§4129-4132. 

Article 8. Trial and judgment. §§4133- 
4137. 

Article 9. Appeals and juries. §§4138- 
4149. 

Article 10. Claims, garnishments, and 
other issues in justices' courts. 
§§4150-4156. 

Article 11. Final judgment and execu- 
tion. §§4157-4161. 

Article 12. Justices' ccfurts may rule the 
constables, punish defaulting wit- 
nesses, and punish contempts. 
§§4162-4164. 

Article 13. Levy and sale under fi. fa. 
from justices' courts. §§4165-4169. 



CONTENTS. 



FIRST TITLE.— Continued. 



Chapter 3. The county court. §§4170-4217. 

Article 1. Establishment. §§4170. 

Article 2. The judge. §§4171-4181. 

Article 3. Times and places of holding 
county courts. §§4181-4185. 

Article 4. Clerk. §§4186,4187. 

Article 5. Solicitor-general. §§4188. 

Article 6. Bailiffs. §§4189-4192. 

Article 7. Jurisdiction. §§4193-4203. 

Article 8. Procedure in county court. 
§§4204-4213. 

Article 9. Appeals. §4214. 

Article 10. Certiorari. §4215. 

Article 11. Sales under county-court 
process. §4216. 

Article 12. Costs. §4217. 
Chapter 4. Ordinaries. §§4218-4250. 

Article 1. Ordinaries and their courts. 
§§4218-4231. 

Article 2. Jurisdiction of courts of ordi- 
nary. §§4232-4237. 

Article 3. Jurisdiction over county af- 
fairs. §§4238, 4239. 

Article 4. Other authority of ordinary. 
§§4240-4246. 

Article 5. The ordinaries as clerks. 
§§4247-4250. 
Chapter 5. Ordinaries' courts. §§4251- 
4269. 

Article 1. Proceedings therein. §§4251- 
4253. 

Article 2. Of the practice in the court of 
ordinary. §§4254-4262. 

Article 3. Proceedings before the ordi- 
nary sitting for county purposes. 

§§4263-4268. 



Article 4. Fees of ordinary. §4269. 
Chapter 6. City courts. §§4270-4309. 
Article 1. Organization and jurisdic- 
tion. §§4270-4274. 
Article 2. Time and place of holding. 

§§4275-4277. 
Article 3. Judge of the city court. 

§§4278-4288. 
Article 4. Clerk and sheriff. §§4289- 

4291. 
Article 5. Bailiffs. §4292. 
Article 6. Jurors. §§4293-4298. 
Article 7. Pleadings and pi'oceedings. 

§§4299-4307. 
Article 8. Transfers from county court. 

§§4308,4309. 
Chapter 7. The superior courts and their 
officers. §§4310-4395. 
Article 1. The superior court and its 

judges. §§4310-4338. 
Article 2. Judicial districts and circuits. 

§4339. 
Article 3. Sessions and adjournments of 

superior courts. §§4340-4346. 
Article 4. The clerks of the superior 

courts. §§4347-4367. 
Article 5. Sheriffs and their duties. 

§§4368-4386. 
Article 6. Solicitor s-general. §§4387- 

4395. 

Chapter 8. Attorneys at law. §§4396-4445. 
Chapter 9. Stenographers. §§4446-4448. 
Chapter 10. Superior-court bailiffs. §§4449- 

4451. 
Chapter 11. Juries. §4452. 



SECOND TITLE. 
Special Rights, Remedies, and Proceedings. §§4453-4832. 



Chapter 1. Appeals. §§4453-4473. 
Article 1. In what cases allowed. §§4453, 
4454. 

* 

Article 2. "When, by whom, and how en- 
tered. §§4455-4468. 

Article 3. Effect of appeals. §§4469- 
4471. 

Article 4. How and when tried. §§4472, 
4473. 



Chapter 2. Arbitrament and award. 
§§4474-4509. 
Article 1. Common-law award. §§4474- 

4484. 
Article 2. Statutory award. §§4485- 
4509. 
Chapter 3. Of attachments. §§4510-4580. 
Article 1. Of issuing attachments. 
§§4510-4529. 



CONTENTS. 



XI 



SECOND TITLE.— Continued. 



Article 2. In what manner, on what 
property executed, and proceedings 
thereon. §§4530-4537. 
Article 3. Attachments for purchase- 
money. §§4538-4542. 
Article 4. Attachments against fraudu- 
lent debtors. §§4543-4548. 
Article 5. Proceedings on garnishment 

in attachment. §§4549-4555. 
Article 6. Of pleading and defenses in 

attachment. §§4556-4566. 
Article 7. Eeplevy and disposition of 

property attached. §§4567, 4568. 
Article 8. Of claims and proceedings 
thereon in attachment. §§4569-4574. 
Article 9. Of lien of attachments, judg- 
ment, and execution. §§4575-4580. 
Chapter 4. Auditors. §§4581-4603. 
Article 1. Appointment and powers. 

§§4581-4584. 
Article 2. Auditor's report. §§4585- 

4588. 
Article 3. Exceptions. §§4589-4593. 
Article 4. Hearing of exceptions and 
final disposition o f case. §§4594- 
4601. 
Article 5. Auditor's fees. §§4602, 4603. 
Chapter 5. Bail in actions for personalty. 

§§4604-4610. 
Chapter 6. Of claims to property in execu- 
tion. §§4611-4629. 
Article 1. How and by whom interposed. 

§§4611-4620. 
Article 2. When, where, and how tried. 
§§4621-4629. 
Chapter 7. Of claims at other sales. §§4630- 

4633. 
Chapter 8. Of the writ of certiorari. §§4634- 
4656. 
Article 1. In what case the writ of cer- 
tiorari lies. §4634. 
Article 2. How obtained, and proceed- 
ings thereon. §§4635-4645. 
Article 3. Of the answer, hearing, judg- 
ment, and costs. §§4646-4656. 
Section 1. Of the answer. §§4646-4648. 
Section 2. Of the hearing. §§4649- 

4651. 
Section 3. Of the judgment and costs. 
§§4652-4656. 



Chapter 9. Condemnation of private prop- 
erty. §§4657-4686. 
Article 1. Notice, and to whom given. 

§§4657-4669. 
Article 2. Appointment of assessors. 

§§4670-4672. 
Article 3. Hearing before assessors. 

§§4673-4677. 
Article 4. Appeal, final judgment, etc. 
§§4678-4686. 
Chapter 10. Dower. §§4687-4704. 
Article 1. Defined, how assigned, how 

barred, etc. §§4687-4696. 
Article 2. How assigned. §§4697-4704. 
Chapter 11. Garnishments. §§4705-4735. 
Article 1. How issued and served. 

§§4705-4712. 
Article 2. Garnishments in d i ff e r e n t 

counties. §§4713-4717. 
Article 3. Dissolution of garnishment. 

§4718. 
Articled. Answer, claims, and judg- 
ments. §§4719-4729. 
Article 5. Exemptions from garnish- 
ment. §§4730-4735. 
Chapter 12. Of the illegality of executions. 

§§4736-4742. 
Chapter 13. Lost papers, where, when, and 
how established. §§4743-4759. 

Article 1. Establishment of lost papers 
in superior court. §§4743-4752. 

Article 2. Establishment of lost papers 

in justices' courts. §§4753-4756. 
Article 3. Summary establishment of 
lost papers. §§4757-4759. 
Chapter 14. Nuisances, and their abate- 
ment. §§4760-4768. 
Chapter 15. Officers of court, rules against. 

§§4769-4782. 
Chapter 16. Of partition. §§4783-4798. 
Article 1. General principles. §§4783- 

4785. 
Article 2. Partition of land. §§4786-4797. 
Section 1. Where, how and by whom, 
the application must be made. 
§§4783, 4787. . 
Section 2. Notice to the parties, how 
given , and on whom served. §4788. 
Section 3. The issue and return of the 
writ of partition. §§4789-4790. 



XI 1 



CONTENTS. 



SECOND TITLE. —Continued. 



Section 4. Defenses, when and how 

made. §4791. 
Section 5. Of judgment. §§4792-4796. 
Section 6. Remedy o f party absent 
under disability or not notified. 
§4797. 
Article 3. Partition of personal property, 
how obtained. §4798. 
Chapter 17. Possessory warrant, and pro- 
ceedings thereunder. §§4799-4807. 
Article 1. By whom, and upon what 
ground possessory warrant may 
issue. §4799. 



Article 2. How warrant must be exe- 
cuted and returned. §4800. 
Article 3. The trial, judgment, and sub- 
sequent proceedings. §§4801-4807. 
Chapter 18. Trespassers on land and ten- 
ants holding over. §§4808-4832. 
Article 1. Proceedings against intruders 
on land and tenants holding over. 
§§4808-4822. 
Section 1. Proceedings against intrud- 
ers. §§4808-4812. 
Section 2. Proceedings against tenants 
holding over. §§4813-4822. 
Article 2. Forcible entry and detainer. 
§§4823-4832. 



THIRD TITLE. 



Extraordinary and Equitable Remedies and Pleadings. §§4833-4928. 



Chapter 1. Joinder of legal and equitable 
causes. §§4833-4840. 

Chapter 2. Parties in equitable proceed- 
ings. §§4841-4846. 

Chapter 3. Trial and its incidents. §§4847- 

4850. 
Chapter 4. Decrees. §§4851-4862. 
Chapter 5. Proceedings at chambers. 

§§4863-4866. 

Chapter 6. Of extraordinary remedies. 
§§4867-4912. 



Article 1. Mandamus, quo warranto, and 
prohibition. §§4867-4885. 

Article 2. Ne exeat, and quia timet. 
§§4886-4893. 

Article 3. Bills of peace and inter- 
pleader. §§4894-4899. 

Article 4. Receivers. §§4900-4912. 
Chapter 7. Injunctions. §§4913-4928. 

Article 1. When granted. §§4913-4923. 

Article 2. Procedure in injunction cases. 
§§4924-4928. 



FOURTH TITLE. 
Of Actions. §§4929-5044. 



Chapter 1. General principles. §§4929-4948. 
Chapter 2. Actions, where and how 
brought. §§4949-5015. 
Article 1. Of the venue. §§4949-4954. 
Article 2. Change of venue. §§4955-4959. 
Article 3. Suits, how commenced. 
§§4960-4972. 
Section 1. The petition. §§4960-4962. 
Section 2. Exhibits. §4963. 
Section 3. Verification and sanction of 
petitions. §§4964-4968. 

Section 4. Cross-petitions. §4969. 



Section 5. Dismissal of petitions. 

§§4970,4971. 
Section 6. Certain forms of action pre- 
served. §4972. 
Article 4. Filing, process and service. 

§§4973-4995. 
Article 5. In ejectment. §§4996-5008. 
Article 6. Against joint and several con- 
tractors. §§5009-5015. 
Chapter 3. Making parties pending action. 

§§5016-5034. 
Chapter 4. Abatement, retraxit, dismissal, 
and removal of actions. §§5035-5044. 



CONTENTS. 



xm 



FIFTH TITLE. 

Of Defenses and Proceedings Pending Action. §§5045-5141. 



Chapter 1. Defenses, pleas, etc. §§5045- 
5096. 
Article 1. General provisions. §§5045- 

5068. 
Article 2. Judgment by default. §§5069- 

5078. 
Article 3. Particular pleas. §§5079-5096. 
Section 1. To the jurisdiction. §§5079- 

5083. 
Section 2. Of set-off and usury. §§5084- 

5090 
Section 3. Failure of consideration. 

§5091. 
Section 4. Non est factum, etc. §§5092- 
5096. 



Chapter 2. Of amendments. §§5097-5125. 
Article 1. General principles. §§5097- 

5109. 
Article 2. Particular cases. §§5110-5125. 
Section 1. Of amending verdicts, judg- 
ments and executions. §§5110- 
5115. 
Section 2. Amending official returns. 

§§5116, 5117. 
Section 3. Amending records. §§5118, 

5119. 
Section 4. Of other amendments. 
§§5120-5125. 
Chapter 3. Of continuances. §§5126-5141. 



SIXTH TITLE. 

Of Evidence. §§5142-5328. 



Chapter 1. General principles. §§5142-5157. 
Chapter 2. Of rules governing the admis- 
sion of testimony. §§5158-5209. 
Article 1. General rules §§5158-5174. 
Article 2. Of hearsay. §§5175-5186. 
Article 3. Of admissions and confessions. 

§§5187-5200. 
Article 4. Of parol evidence to affect 
written. §§5201-5209. 
Chapter 3. Of records and other written 
evidence. §§5210-5247. 
Article 1. Of records and public docu- 
ments. §§5210-5238. 
Article 2. Of private writings. §§5239- 
5247. 
Chapter 4. Of the production of papers. 
§§5548-5259. 
Article 1. No tice to produce. §§5248- 

5254. 
Article 2. Subpoena duces tecum. §§5255- 

5257. 
Article 3. Transcript and examination of 
book. §§5258, 5259. 



Chapter 5. Of oral testimony. §§5260-5296. 
Article 1. Of witnesses, their attend- 
ance, and fees. §§5260-5266. 
Article 2. Of the competency of wit- 
nesses §§5267-5278. 
Article 3 Of the examination of wit- 
nesses. §§5279-5289. 
Article 4. Impeachment of w i tnesses. 

§§5290-5295. 
Article 5. Public excluded, when. §5296. 
Chapter 6. Of interrogatories and deposi- 
tions. §§5297-5328. 
Article 1. Commissions, how issued and 
returned. §§5297.-5312. 

Article 2. Waiver of commission. §5313. 

Article 3. Exceptions to commissions. 
§5314. 

Article 4. Evidence before court com- 
missioner. ' §§5315-5322. 

Article 5. In injunction and like cases. 
§§5323-5328. 



SEVENTH TITLE. 
Verdict and Judgment. §§5329-5384. 



Chapter 1. Verdict and judgment. §§5329- 
5384. 
Article 1. Of the verdict and its recep- 
tion. §§5329-5338. 



Article 2. Of entering judgment. §§5339- 
5347. 

Article 3. Of the effect and lien of judg- 
ments. §§5348-5358. 



XIV 



CONTENTS. 



SEVENTH TITLE.— Continued. 



Article 4. Of confession of judgment. 

§§5359-5361. ■ 
Article 5. How attacked, and herein of 

motion in arrest of judgment. §§5362- 

5372. 



Article 6. Of the transfer of judgments. 

§§5374-5376. 
Article 7. Of dormant judgments, and 

revival thereof. §§5377-5384. 



EIGHTH TITLE. 



Costs in Civil Cases. §§5385-5412. 



Chapter 1. Of costs in civil cases. §§5385- 
5396. 
Article 1. Who liable for costs. §§5385- 

5392. 
Article 2. How taxed and collected. 
§§5393-5396. 
Chapter 2. Fees of officers of court. §§5397- 
5412. 



Article 1. Fees of clerk of superior court. 

§§5397-5400. 
Article 2. Fees of sheriff. §5401. 
Article 3. Compensation of officers, 

where no fee is fixed. §5402. 
Article 4. Fees of justices. §5403. 
Article 5. Fees of constables. §5404. 
Article 6. Miscellaneous provisions. 

§§5405-5412. 



NINTH TITLE. 



Of Executions and Sales Thereunder. §§5413-5472. 



Chapter 1. Of different kinds of execu- 
tions. §§5413-5434. 
Article 1. When and how issued and re- 
turned. §§5413-5420. 
Article 2. Of fi. fas., how levied, and 

proceedings thereon. §§5421-5431. 
Article 3. Levy and sale where defend- 
ant has not legal title. §§5432-5434. 
Chapter 2. Of forthcoming bonds. §§5435- 

5438. 
Chapter 3. Of stay of executions. §§5439- 

5441. . 
Chapter 4. Of the satisfaction of execu- 
tions. §§5442-5445. 



Chapter 5. Of title by judicial sale. §§5446- 

5454. 
Chapter 6. Of sales under executions. 
§§5455-5472. 
Article 1. When and where made. 

§§5455, 5456. 
Article 2. Advertisement of judicial 

sales. §§5457-5462. 
Article 3. Sale of perishable property. 

§§5463-5465. 
Article 4. Liability of bidders at public 

sale. §§5466, 5467. 
Article 5. Writ of possession and rights 
of purchaser. §§5468-5472. 



TENTH TITLE. 

New Trials. §§5473-5492. 



Chapter 1. By whom and for what causes 
allowed. §§5473-5488. 



Chapter 2. Cases, when, where, and how 
retried. §§5489-5492. 



ELEVENTH TITLE. 

Supreme Court. §§5493-5599. 



Chapter 1. Supreme Court and its powers. 

§§5493-5498. 
Chapter 2. Its judges. §§5499-5506. 



Chapter 3. Its officers. §§5507-5525. 
Article 1. Generally. §5507. 
Article 2. The clerk. §§5508-5514. 



CONTENTS. 



xv 



ELEVENTH TITLE.— Continued. 



Article 3. The reporter. §§5515-5519. 
Article 4. Stenographers. §§5520-5522. 
Article 5. Sheriff. §§5523-5525. 
Chapter 4. What causes may be taken to 

the Supreme Court. §§5526, 5527. 
Chapter 5. Of taking cases to the Supreme 
Court. §§5528-5555. 
Article 1. Mode of procedure. §§5528- 

5535. 
Article 2. Diminution of record. §§5536- 

5538. 
Article 3. Bills of exceptions, when to be 

signed. §§5539-5541. 
Article 4. Proceedings in case of death 

or refusal to sign. §§5542-5546. 
Article 5. Service of bills of exceptions. 

§§5547-5551. 
Article 6. Supersedeas. §§5552,5553. 



Article 7. Duty of clerk of superior court. 

§§5554, 5555. 
Chapter 6. In the Supreme Court. §§5556- 
5599. 
Article 1. Time of filing and hearing bills 

of exceptions. §§5556-5558. 
Article 2. Order of circuits ; publication 

of number of cases. §§5559, 5560. 
Article 3. Making parties, etc. §§5561, 

5562. 
Article 4. No dismissals, when, §§5563- 

5572. 
Article 5. Amendments. §§5573-5575. 
Article 6. Arguments. §§5576-5581. 
Article 7. Decisions. §§5582-5589. 
Article 8. Record and costs. §§5590- 

5593. 
Article 9. Judgment. §§5594-5599. 



RULES OF SUPREME COURT. §§5600-5631. 

RULES OF SUPERIOR COURTS. 
Common-law rules. §§5632-5691. | Equity rules. §§5692-5697. 



CONSTITUTION. §§5698-5949. 



Article 1. Bill of rights. §§5698-5735. 
Section 1. Rights of the citizen. 

§§5698-5722. 
Section 2. Certain offenses defined. 



§§5723-5728. 
Section 3. Protection 



and 



to person 
property. §§5729-5731. 
Section 4. Special legislation forbid- 
den. §§5732,5733. 
Section 5. Governmental rights of the 
people. §§5734, 5735. 
Article 2. Elective franchise. §§5736- 
5743. 
Section 1. Qualification of voters. 

§§5736, 5737. 
Section 2. Registration. §5738. 
Section 3. Voters' privilege. §5739. 
Section 4. Disqualification to hold of- 
fice. §§5740, 5741. 
Section 5. Sale of liquors, when for- 
bidden. §5742. 
Section 6. Returns of elections. §5743. 
Article 3. Legislative department. 
§§5744-5795. 



Section 1. Legislative power, where 
vested. ' §5744. 

Section 2. Senatorial districts. §§5745, 
5746. 

Section 3. County rep resentation. 
§§5747,5748. 

Section 4. The General Assembly. 
§§5749-5755. 

Section 5. The Senate. §§5756-5760. 

Section 6. The House of Representa- 
tives. §§5761-5763. 

Section 7. Enactment of laws. §§5764- 
5786. 

Section 8- Officers of General Assem- 
bly. §5787. 

Section 9. Pay of members. §5788. 

Section 10. Elections by General As- 
sembly. §5789. 

Section 11. Married woman's prop- 
erty. §5790. 

Section 12, Insurance companies. 
§§5791-5795. 
Article 4. Power of the General Assem- 
bly over taxation, etc. §§5796-5803. 



XVI 



CONTENTS. 



CONSTITUTION.— Continued. 



Section 1. Taxation. §5796. 

Section 2. Eegulation of corporations. 

§§5797-5803. 
Article 5. Executive Department. 
§§5804-5830. 
Section 1. Governor. §§5804-5822. 
Section 2. Other Executive officers. 

§§5823-5829. 
Section 3. Seal of State. §5830. 
Article 6. Judiciary. §§5831-5881. 
Section 1. Courts. §5831. 
Section 2. Supreme Court. §§5832- 

5838. 
Section 3. Superior Courts. §§5839- 

5841. 
Section 4. Jurisdiction of Superior 

Courts. §§5842-5850. 
Section 5. Judges o f superior and 

city courts. §5851. 
Section 6. Court of ordinary. §§5852- 

5854. 
Section 7. Justices of the peace. 

§§5855-5857. 
Section 8. Notaries public. §5858. 
Section 9. Uniformity of courts. §5859. 
Section 10. Attorney-general. §5860. 
Section 11. Solicitor-general. §§5861, 

5862. 
Section 12. Election of judges and 

solicitors. §5863. 
Section 13. Judicial salaries. §§5864, 

5865. 
Section 14. Qualification of judges, 

etc. §5866. 
Section 15. Divorce. §§5867, 5868. 
Section 15. Venue. §§5869-5874. 
Section 17. Change of venue. §5875. 
Section 18. Jury trials. §§5876-5878. 
Section 19. County commissioners. 

§5879. 
Section 20. What courts may be abol- 
ished. §5880. 
Section 21. Supreme Court costs. §5881. 
Article 7. Finance, taxation, and public 
debt. §§5882-5905. 
Section 1. Power of taxation. §§5882. 
Section 2. Taxation and exemptions. 

§§5883-5887. 
Section 3. State debt. §5888. 
Section 4. Debt, how contracted. §5889. 



Section 5. State aid. §5890. 

Section 6. Purposes of taxation by 
counties and cities. §§5891, 5892. 

Section 7. Limitation on municipal 
debts. §§5893, 5894. 

Section 8. Assumption of debt. §5895. 

Section 9. Public money. §5896. 

Section 10. City debts. §5897. 

Section 11. Void bonds. §5898. 

Section 12. Public debt not to be in- 
creased. §5899. 

Section 13. Public property pledged 
for State's debt. §5900. 

Section 14. Sinking fund. §5901. 

Section 15. Reports. §5902. 

Section 16. Donations. §§5903,5904. 

Section 17. Public printing. §5905. 
Article 8. Education. §§5906-5911. 

Section 1. Common schools. §5906. 

Section 2. School commissioner. §5907. 

Section 3. School fund. §5908. 

Section 4. Educational tax. §5909. 

Section 5. Local systems. §5910. 

Section 6. University of Georgia. 
§5911. 
Article 9. Homestead and exemptions. 
§§5912-5920. 

Section 1. Homestead. §5912. 

Section 2. Exemptions. §5913. 

Section 3. Waiver of homestead. §5914. 

Section 4. Homestead, set apart, how. 
§5915. 

Section 5. Short homestead waived. 
§5916. 

Section 6. Homestead supplemented. 
§5917. 

Section 7. Former homesteads pre- 
served. §5918. 

Section 8. Prior rights to exemption 
preserved. §5919. 

Section 9. Sale of homestead. §5920. 
Article 10. Militia. §§5921-5923. 

Section 1. Mi lit ia and volunteers. 
§§5921-5923. 
Article 11. Counties and county officers. 
§§5924-5931. 

Section 1. Counties. §§5924-5928. 

Section 2. County officers. §5929. 

Section 3. Uniformity of county offi- 
cers. §5930. 



CONTENTS. 



XVll 



CONSTITUTION.— Continued. 



Section 4. State capital. §5931. 
Article 12. The laws of general operation 
in force in this State. §§5932-5939. 
Section 1. Laws of force. §§5932-5939. 
Article 13. Amendments to G o n stitu- 
tion. §§5940-5943. 



Section 1. Constitution, how amended. 

§§5940, 5941. 
Section 2. Constitution, how ratified. 
§§5942, 5943. 
Ordinances of constitutional convention. 
§§5944-5919. 



CONSTITUTION OF THE UNITED STATES. §§5950-6036. 



Article 1. Legislative department. 

§§5950-5983. 
Article 2. Executive depar tment. 

§§5984-5995. 
Article 3. Judicial department. §§5996- 

6001. 
Article 4. Relative rights of States. 

§§6002-6008. 



Article 5. Amendments, how mad e. 



Article 6. Miscellaneous provisions. 

§§6010-6012. 
Article 7. Ratification. §6013. 
Article 8. Amendments. §§6014-6036. 



(2) 



SECTIONS OF CODE OF 1882. 



xix 



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

FOUND IN THIS CODE. 



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. 


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) 


156 


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 


182 


22 


23 


87 


183 - 


22(a) 


24 


88 


184 


23 


27 


88 (a) 


185 


24 


28 


89 


186 


28 


29 


90 


187 


35 


30 


91 


188 


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 


195 


50 


117 


95 


196 


51 


118 


96 


197 


52 


119 


97 


198 


59 


120 


97 (a) 


201 


60 


121 


97 (b) 


199 


61 


122 


98 


203 


62 


123 


99 


204 


63 


126 


100 


205 


64 


127 


101 


206 


65 


128 


102 


208 


66 


129 


103 


209 


67 


130 


104 


210 



XX 



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 


211 


158 


254 


106 


212 


159 


255 


107 


213 


160 


256 


108 


214 


161 


257 


109 


215 


162 


258 • 


111 


216 


163 


259 


112 


217 


164 


260 


113 


218 


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 


268 


118 . 


154 


172 


269 


119 


155 


173 


270 


120 


157 


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 


1D1 


225 


184 


296 


132 


226 


185 


301 


133 


227 


186 


304 


134 


228 


186 (a) 


302 


135 


229 


187 


306 


136 


230 


188 


308 


137 


231 


189 


309 


138 


232 


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 OP 1882. 



xxi 



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 


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 



XX11 



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. 


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. 



xxm 



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) 


372 


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 



XXIV 



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 (m») 


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 


416 


578 


484 


525 


417 


579 


485 


526 


418 


580 


486 


527 


419 


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 


513 


542 


448 


602 


514 


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. 



XXV 



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 



XXVI 



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 OP 1882. 



XXVI! 



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 3 ) 


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 



XXV111 



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. 


890 


907 


939 


971 


891 


898 


940 (a) 


972, 973 


891 (a) 


888 


941 


979 


892 


912 


942 


980 


893 


913 


943 


981 


894 


914 


943 (b) 


983 


896 


899 


943 (c) 


993 


897 


908 


943 (d) 


985 


898 


909 


943 (e) 


992 


899 


911 


943 (f) 


994 


902 


918 


943 (g) 


995 


903 


919 


944 


996 


904 


920 


945 


997 


905 


921 


946 


998 


906 


922 


947 


999 


907 


923 


948 


1000 


908 


924 


949 


1001 


909 


924 


950 


1002 


910 


924 


951 


1003 


911 


925 


952 


1004 


912 


926 


953 


1005 


913 


927 


954 


1006 


914 


928 


955 


1007 


915 


929 


956 


1008 


917 


931 


957 


1008 


918 


932 


958 


1009 


919 


933 


959 


1010 


920 


934 


959 (a) 


1011 


921 


828 


959 (b) 


1012 


923 


829 


959 (c) 


1013 


923 (a) 


831 


960 


1014 


923 (b) 


935 


961 


1015 


923 (c) 


936 


962 


1018 


923 (d) 


937 


963 


1020 


923 (e) 


938 


964 


1021 


924 


939 


965 


1022 


925 


830 


966 


1023 


926 


940 


967 


1024 


927 


942 


968 


1025 


928 


943 


969 


1026 


929 


944 


970 


1027 


930 


945 


971 


1028 


931 


946 


972 


1029 


932 


947 


973 


1030 


933 


948 


973(b) 


984 


934 


949 


974 


1031 


935 


950 


975 


1032 


935 (a) 


951 


976 


1033 


935 (b) 


952 


977 


1034 


936 


967 


978 


1035 


936 (a) 


968 


979 


1036 


937 


969 


980 


1037 


938 


970 


!)S1 


1038 



SECTIONS OF CODE OF 1882. 



XXIX 



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 



XXX 



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 


1190 


1286 


1286 


70 


1202 


1291 


1287 


71 


1203 


1292 


• 1288 


72 


1204 


1293 


1289 


73 


1205 


1294 


1290 


74 


1206 


1295 


1291 


75 


1208 


1296 


1292 


76 


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 


109 


1237 


1333 


1331 


110 


1238 


1334 


1332 


111 


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. 



■ XXXI 



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. 


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 


1467 


1452 


1775 


1386 


1468 


1455 


1777 


1387 


1469 


1455 (a) 


1781 


1388 


1470 


1455 (c) 


1782 


1389 


1471 


1455 (d) 


1783 


1390 


1472 


1455 (e) 


1784 


1391 


1473 


1455 (f) 


1785 


1392 


1474 


1455 (g) 


1786 


1393 


1475 


1455 (h) 


1787 



XXX11 



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 


1623 


14 °5 


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. 



XXX11I 



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 .1 


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 



(8) 



XXXIV 



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. 


1703 


2417 


1756 


2476 


1704 


2418 


1757 


2477 


1705 


2419 


1758 


2478 


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 


4696 


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 


216!) 


1804 


2514 


1750 


2470 


1805 


2515 


1751 


2471 


1806 


2516 


1 752 


2472 


1807 


2517 


1753 


2473 


1808 


2518 


1754 


2474 


1809 


2520 


1755 


2475 


1809 (n) 


2519 



SECTIONS OF CODE OF 1882. 



XXXV 



Number of Section 


Number of Section 


i 
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 


1846 


2564 


1900 


2639 


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 



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. 


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. 



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. 


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 (bj 


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 


2?36 


2116 


2934 



XXXV111 



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. 


2117 


2935 


2171 


2990 


2118 


2936 


2172 


2991 


2119 
2120 


2937 
2938 


2173 
2174 


2992 
2993 


2121 


2939 


2175 


2994 


2122 


2940 


2176 


2995 


2123 


2941 


2177 


2996 


2124 


2943 


2178 


2997 


2125 


2944 


2179 


2999 


2126 


2945 


2180 


3000 


2127 
2128 


2946 
2947 


2181 
2182 


3001 
3002 


2129 


2948 


2183 


3003 


2130 


2949 


2184 


3004 


2131 


2950 


2185 


3009 


2132 


2951 


2186 


3010 


2133 


2952 


2187 


3011 


2135 


2953 


2188 


3012 


2136 


2954 


2189 


3013 


2137 


755, 2955 


2190 


3014 


2138 


2956 


2191 


3018 


2139 


2957 


2192 


3019 


2140 


2958 


2193 


3020 


2141 


2959 


2194 


3021 


2142 


2960 


2195 


3022 


2143 


2961 


2196 


3023 


2144 


2962 


2197 


3024 


2145 


2963 


2198 


3025 . 


2146 


2964 


2199 


3026 


2147 


2965 


2200 


3027 


2148 • 
2149 


2966 
2967 


2201 
2202 


3029 
2610, 3030 


2150 


2968 


2203 


3031 


2151 


2969 


2204 


3032 


2152 


2970 


2205 


3033 


2153 
2154 
2155 


2971 
2972 
2973 


2206 
2207 
2208 


3034 
3035 
3036 


2156 


2974 


2209 


3037 


2157 
2158 


2975 
2976 


2210 
2211 


3038 
3039 


2159 


2977 


2212 


3040 


2160 
2161 


2979 
2980 


2213 
2214 


3041 
3042 


2162 


2981 


2215 


3043 


2163 


2982 


2216 


3044 


2164 


2983 


2217 


3016 


2165 
2166 


2984 
2985 


2218 
2219 


3045 
3049 


2167 
2168 


2986 
2987 


2220 
2221 


3050 
3051 


2169 


2988 


2222 


3052 


2170 


2989 


2223 


3053 



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. 


2224 


3054 


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 



xl 



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. 


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 


23K3 


3242 


2436 


3295 



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. 


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 



xlii 



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 


3523 


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. 



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. 


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 


3618 


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 



xliv 



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. 



xlv 



Number of Seetion 
in Code of 1882. 


Number of Section 
in this Code. 


Number of Section 
in Code of 1882. 


Number of Section 
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 
2907 


3753 
3754 


2957 
2958 


3813 
3814 


2908 


3755 


2959 


3815 


2909 


3756 


2960 


3816 


2910 
2911 


3757 

3758 


2961 
2962 


3817 
3818 


2912 


3759 


2963 


3820 


2913 


3760 


2964 


3821 


2914 


3761 


2965 


3822 


2914 (a) 
2915 


3764 
3765 


2966 
2967 


3823 

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 
2925 (a) 
2925 (b) 
2926 


3776 
3777 
3778 
3779 


2977 
2978 
2979 
2980 


3837 
3838 
3839 
3840 


2927 


3780 


2981 


3841 


2928 


3781 


2982 


3843 


2929 


3783 


2983 


3844 


2930 


3784 


2984 


3845 


2931 


3785 


2985 


3846 


2932 
2933 


3786 

3787 


2986 

2987 


3847 
3848 



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. 


2988 


3849 


3043 


2253 


2989 


3850 


3044 


2254 


2990 


3851 


3045 


2255 


2991 


3852 


3046 


2256 


2992 


3853 


3047 


2257 


2993 


3854 


3048 


2258 


2994 


3855 


3049 


2259 


2995 


3856 


3050 


2260 " 


2996 


3857 


3051 


3891 


2997 


3858 


3052 


3892 


2998 


3859 


3053 


3893 


2999 


3860 


3054 


3894 


3000 


3861 


3055 


3895 


3001 


3862 


3056 


3896 


3002 


3863 


3057 


3897 


3003 


3864 


3058 


3898 


3004 


3865 


3059 


3899 


3005 


3866 


3060 


3900 


3006 


3867 


3061 


3901 


3007 


3868 


3062 


3902 


3008 


3869 


3063 


3903 


3009 


3870 


3064 


3904 


3010 


3871 


3065 


3905 


3011 


3872 


3066 


3906 


3012 


3873 


3067 


3907 


3013 


3874 


3068 


3908 


3014 


3875 


3069 


3909 


3015 


3876 


3070 


3910 


3016 


3877 


3071 


3911 


3017 


3878 


3072 


3912 


3018 


3879 


3073 


3913 


3019 


3880 


3074 


3914 


3020 


3881 


3075 


3915 


3021 


3882 


3076 


3916 


3022 


2345 


3077 


3917 


3023 


2346 


3078 


3919 


3025 


3883 


3079 


3920 


3026 


3885 


3080 


3921 


3027 


3886 


3081 


3922 


3028 


3887 


3083 


3923 


3029 


3888 


3084 


3924 


3030 


3889 


3085 


3925 


3031 


3890 


3086 


3926 


3033 


2321 


3087 


3927 


3034 


2322 


3088 


3928 


3035 


2268 


3089 


3929 


3036 


2323 


3090 


3930 


3037 


2247 


3091 


3932 


3038 


2248 


3092 


3934 


3039 


2249 


3093 


3937 


3040 


2250 


3094 


3939 


3041 


2251 


3095 


3941 


3042 


2252 


3096 


3943 



SECTIONS OF CODE OF 1882. 



xlvii 



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 



xlviii 



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. 


3201 
3202 
3203 


4876 
4877 
4878 


3256 
3257 
3258 


4938 
4939 
4940 


3204 


4879 


3259 


4941 


3205 


4880 


3260 


4942 


3206 


4881 


3261 


4944 


3208 


4882 


3262 


4946 


3208 (a) 
3209 

3209 (a) 
3210 


4883 
4884 
4885 
4913 


3263 
3263 (a) 
3264 
3265 


4947 
4987 
4510 
4511 


3211 


4924 


3266 


4512 


3212 


4925 


3267 


4513 


3213 


5540 


3268 


4514 


3213 (a) 
3214 


5543 

5558 


3269 
3270 


4515 
4516 


3215 


5599 


3271 


4517 


3217 
3218 


4926 
4915 


3272 
3273 


4518 
4519 


3219 


4916 


3274 


4520 


3220 


4920 


3275 


4521 


3223 
3224 


4921 

4922 


3276 
3277 


4522 
4523 


3225 


4923 


3278 


4524 


3226 


4886 


3279 


4525 


3227 


4887 


3280 


4526 


3228 


4888 


3281 


4527 


3229 


4889 


3282 


4528 


3230 


4890 


3283 


4529 


3231 


4891 


3284 


4530 


3232 


4892 


3285 


4531 


3233 


4894 


3286 


4532 


3234 


4895 


3287 


4533 


3235 


4896 


3288 


4534 


3236 


4898 


3289 


4535 


3237 
3238 


4899 
5494 


3290 
3291 


4536 
4537 


3239 


5495 


3292 


4538 


3240 


5496 


3293 


4539 


3241 


4340 


3294 


4540 


3242 


4342 


3295 


4541 


3243 


4343 


3296 


4542 


3244 


4344 


3297 


4543 


3245 
3246 


4345 
4332 


3297 (a) 
3298 


4544 
4545 


3247 


4333 


3299 


4546 


3248 


4334 


3300 


4547 


3250 


4929 


3301 


4548 


3251 


4930 


3302 


4549 


3252 
3253 


4931 
4932 


3303 
3304 


4550 
4551 


3254 


4933 


3305 


4552 


:W, 


4935 


3306 


4553 



SECTIONS OF CODE OF 1882. 



xlix 



Number of Section 


Number of Section 


in Code of 1882. 


in this Code. 


3307 


4555 


3308 


4556 


3309 


4557 


3310 


4558 


3311 


4559 


3312 


4560 


3313 


4561 


3314 


4562 


3315 


4563 


3316 


4564 


3317 


4565 


3318 


4566 


3319 


4567 


3320 


4568 


3322 


4569 


3323 


4570 


.3324 


4571 


3325 


4572 


3326 


4573 


3327 


4574 


3328 


4575 


3329 


4576 


3330 


4577 


3331 


4578 


3332 


4960 


3333 


4973 


3334 


4974 


3335 


4981 


3336 


4982 


3337 


4983 


3338 


4984 


3339 


4985 


3340 


4988 


3341 


4989 


3342 


4990 


3343 


4991 


3344 


4993 


3345 


4994 


3346 


4995 


3348 


5014 


3349 


5015 


3350 


5009 


3351 


5010 


3352 


5011 


3353 


5012 


3354 


5013 


3355 


4996 


3356 


4997 


3357 


4998 


3358 


4999 


3359 


5000 


3360 


5001 


3361 


5003 



Number of Section 
in Code of 1882. 

3362 

3364 

3365 

3366 

3367 

3368 

3369 

3370 

3371 

3372 

3373 

3374 

3375 

3376 

3377 

3378 

3379 

3380 

3381 

3382 

3383 

3384 

3385 

3386 

3387 

3388 

3400 

3401 

3402 

3403 

3404 

3405 

3406 

3407 

3408 

3409 

3410 

3411 

3412 

3412 (a) 

3413 

3414 

3415 

3416 

3418 

3419 

3420 

3420 (a) 

3421 

3422 

3423 

3424 

3424 (a) 



Number of Section 
in this Code. 



5005 
5006 
5007 
5008 
1892 
2320 
1899 
1902 
1893 
1894 
1895 
1896 
1897 
1898 
3202 
3203 
3204 
3205 
3206 
3207 
3501 
3502 
2536 
3503 
3504 
3505 
4934 
5002 
4949 
4951 
4952 
4953 
2334 
2335 
2145 
2146 
2004 
2005 
2006 
2348 
1983 
1984 
1985 
4954 
4604 
4605 
4606 
4608 
5016 
5017 
5018 
5021 
5022 



(4) 



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 


5024 


3481 


5100 


3427 


5025 


3482 


5101 


3428 


5026 


3483 


5102 


3429 


5027 


3484 


5103 


3430 


5028 


3485 


5104 


3431 
3432 
3434 


5029 
5030 
5031 


3486 
3487 
3488 


5105 
5106 
5107 


3435 


5032 


3489 


5108 


3436 
3437 
3438 
3439 
3440 
3441 


5033 
5034 
5035 
5036 
5037 
5038 


3490 
3491 
3492 
3493 
3494 
3495 


5109 
5110 
5111 
5112 
5113 
5114 


3442 


5039 


3496 


5115 


3443 
3444 
3445 


5040 
5041 
5042 


3497 
3498 
3499 


5116 
5117 
5118 


3446 
3447 


5043 
5044 


3500 
3501 


5119 
5120 


3448 


5076 


3503 


5121 


3449 


5059 


3504 


5122 


3450 


5060 


3505 


5123 


3452 


5052 


3506 


5124 


3453 


5065 


3507 


5125 


3454 


5066 


3508 


5248 


3455 


5067 


3509 


5249 


3456 


5058 


3510 


5250 


3457 
3458 


5077, 5078 
5053 


3511 
3512 


5251 
5252 


3459 


5046 


3513 


5253 


3460 


5079 


3514 


5255 


3461 


5080 


3515 


5256 


3462 
3463 
3464 


5081 
5082 
5083 


3516 
3517 
3518 


5257 
5258 
5259 


3465 


5084 


3519 


5126 


3466 


5085 


3520 


5127 


3467 


5086 


3521 


5128 


3468 


5087 


3522 


5129 


3469 
3470 


5088 
5089 


3523 
3524 


5130 
5131 


3470(a) 
3471 


5090 
5091 


3525 
3526 


51S2 

5133 


3472 
3473 


5092 
3506 


3527 

3528 


5134 
5135 


3474 
3475 


3507 
5093 


3529 
3530 


5136 
5137 


3476 


5094 


3531 


5138 


3478 
3479 


5096 

5097 


3532 
3533 


4705 
4708 



SECTIONS OF CODE OF 1882. 



li 



Number of Section 
in Code of 1882. 



3534 


4706 


3535 


4707 


3536 


4709 


3536 (a) 


4711 


3536 (b) 


4712 


3536 (c) 


4713 


3536 (d) 


4714 


3537 


4715 


3538 


4716 


3539 


4717 


3540 


4718 


3541 


4720 


3542 


4721 


3543 


4722 


3544 


4723 


3545 


4724 


3546 


4725 


3547 


4726 


3548 


4727 


3549 


4728 


3550 


4729 


3551 


4730 


3552 


4731 


3553 


4910 


3554 


4732 


3555 


4734 


3556 


4735 


3557 


895 


3558 


896 


3559 


5329 


3560 


5330 


3561 


5332 


3562 


5333 


3563 


5334 


3564 


5335 


3565 


2438 


3566 


2439 


3567 


5336 


3568 


5339 


3569 


5340 


3570 


5341 


3571 


5342 


3572 


5343 


3573 


3508 


3574 


5344 


3575 


5345 


3576 


5346 


3577 


5348 


3578 


5349 


3579 


5350 


3580 


5351 


3581 


5352 


3582 


5353 



Number of Section 
in this Code. 



Number of Section 
in Code of 1882. 



Number of Section 
in this Code. 



3582 (a) 


5354 


3583 


5355, 5356 


3584 


5357 


3585 


5358 


3586 


5432 


3586 (a) 


2446 


3587 


5362 


3588 


5363 


3589 


5364 


3590 


5365 


3591 


5366 


3592 


5367 


3593 


5368 


3594 


5369 


3595 


3987, 5370 


3596 


5371 


3597 


5374 


3598 


5375 


3599 


5376 


3600 


5359 


3601 


5360 


3602 


5361 


3603 


5377 


3604 


5378 


3605 


5379 


3606 


5380 


3607 


5381 


3608 


5382 


3609 


5383 


3610 


5384 


3610 (a; 


4453 


3611 


4454 


3612 


4948 


3613 


4455 


3614 


4456 


3615 


4457 


3616 


4458 


3617 


4459 


3618 


4460 


3619 


4461 


3620 


4462 


3621 


4463 


3622 


4464 


3623 


4465 


3624 


4466 


3625 


4467 


3626 


4468 


3627 


4469 


3628 


4470 


3629 


4471 


3630 


4472 


3631 


4473 


3632 


5413 



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. 


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 


5141 


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 


3670 


4741 


3729 


4615 


3671 


4742 


3730 


4616 


3672 


5435 


3731 


4617 


3673 


5436 


3732 


900 


3674 


5437 


3733 


4618 


3675 


5383 


37.14 


4619 


3876 


5386 


373D 


4620 



SECTIONS OF CODE OF 1882. 



iiii 



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 



liv 



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. 



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. 


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 


4117 


4257 


4059 


4644 


4118 


4258 


4060 


4645 


4119 


4259 


4061 


4646 


4120 


4260 


4062 


4647 


4121 


4261 


4063 


4648 


4122 


4262 



lvi 



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. 


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. 



Ivii 



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 


4436 


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 


5018 


5721 


4273 


5557 


5017 


5722 


4274 


5568 


5018 


5723 



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. 


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 


5778 


5126 


5829 



SECTIONS OF CODE OF 1882. 



lix 



Number of Section 
in Code of 1882. 



Number of Section 
in this Code. 



5127 


5830 


5128 


5831 


5129 


5832 


5130 


5833 


5131 


5834 


5132 


5835 


5133 


5836 


5134 


5837 


5135 


5838 


5136 


5839 


5137 


5840 


5138 


5841 


5139 


5842 


5140 


5843 


5141 


5844 


5142 


5845 


5143 


5846 


5144 


5847 


5145 


5848 


5146 


5849 


5147 


5850 


5148 


5851 


5149 


5852 


5150 


5853 


5151 


5854 


5152 


5855 


5153 


5856 


5154 


5857 


5155 


5858 


5156 


5859 


5157 


5860 


5158 


5860 


5159 


5861 


5160 


5862 


5161 


5863 


5162 


5864 


5163 


5865 


5164 


5866 


5165 


5867 


5166 


5868 


5167 


5869 


5168 


5870 


5169 


5871 


5170 


5872 


5171 


5873 


5172 


5874 


5173 


5875 


5174 


5876 


5175 „ 


5877 


5176 


5878 


5177 


5879 


5178 


5880 


5179 


5881 



Number of Section 
in Code of 1882. 


Number of Section 
in this Code. 


5180 


5882 


5181 


5883 


5182 


5884 


5183 


5885 


5184 
5185 


5886 
5887 


5186 


5888 


5187 


5889 


5188 


5890 


5189 


5891 


5190 


5892 


5191 


5893 


5192 


5894 


5193 


5895 


5194 
5195 


5896 
5897 


5196 


5898 


5197 


5899 


5198 


5900 


5199 


5901 


5200 


5902 


5201 


5903 


5202 


5904 


5203 


5905 


5204 


5906 


5205 


5907 


5206 


5908 


5207 


5909 


5208 


5910 


5209 


5911 


5210 


5912 


5211 


5913 


5212 
5213 


5914 
5915 


5214 


5916 


5215 


5917 


5216 


5918 


5217 


5919 


5218 


5920 


5219 


5921 


5220 


5922 


5221 


5923 


5222 


\ 5924 


5223 


5925 


5224 
5225 


5926 
5927 


5226 


5928 


5227 


5929 


5228 


5930 


5229 


5931 


5230 


5932 


5231 


5933 


5232 


5934 



Ix 



SECTIONS OF CODE OF 1882. 



Number of Section 


Number of Section j 


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 


5D60 


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 


5276 


5984 


5324 


6032 


5277 


5985 


5325 


6033 


5278 


5986 


5326 


6034 


5279 


5987 


5327 


6035 


5280 


5988 


5328 


6036 



THE. CIVIL COM 



FIBST TITLE. 

Of Persons. 



CHAPTER 1. 

DIFFERENT KINDS OF PERSONS, THEIR RIGHTS AND DUTIES. 



ARTICLE 1. 



OF CITIZENS. 



§1802. (1651.) Natural and artificial persons. . Persons are either W>, issi. 
natural or artificial. The latter are the creatures of the law, and, ex- 
cept so far as the law forbids it, subject to be changed, modified, or 
destroyed, at the will of their creator; they are called corporations. 

"Person" includes railroad corporation : 58 Ga. 219. Also includes savings 
banks: 60 Ga. 134. Section cited and construed : 54 Ga. 421, 422. Bankruptcy 
does not destroy: 60 Ga. 181. Section cited, and 54 Ga. 401 referred to: 60 
Ga. 270. 

Municipality is creature of legislature, which may dissolve, modify, or limit 
its powers at will : 68 Ga. 686. 

Franchises granted railroad by special act, modified by subsequent amend- 
ment, before road constructed: 85 Ga. 1. And although executory contracts 
of construction had been made : 85 Ga. 1. 

Parties contracting with corporation, take notice of right of legislature to 
modify franchises: 85 Ga. 1. 

§1803. (1652.) Division of natural persons. Natural persons are 
distinguished, according to their rights and status, into: 1. Citi- 
zens. 2. Residents not citizens. 3. Aliens. 4. Persons of color. 

§1804. (44.) Who are citizens. All citizens of the United States, 
resident in this State, are hereby declared citizens of this State. 

Insufficient certificate of naturalization : 18 Ga. 239. Prove naturalization 
by any competent evidence : 22 Ga. 546. Eights of white concubine or bastard 
belong also to colored concubine, etc. : 78 Ga. 414. 



§§1805-1812 FIRST TITLE.— CHAPTER 1, ARTICLE 1. 2 

Of citizens. 

§1805. (46.) Citizenship may be renounced. Except in time of war, 
every citizen shall have the right of expatriation, with a view to be- 
come a citizen of another State or country not a part of the United 
States, with which this State is at peace. The declaration or avowal 
of such intention, accompanied by actual removal, is held a renun- 
ciation of all his rights and duties as a citizen. 

§1806. (47.) When citizenship ceases. Until citizenship is acquired 
elsewhere, the person continues a citizen of Georgia and of the 
United States. 

§1807. (48.) Citizenship again acquired. If a person, having been 
thus expatriated, acquires citizenship under some foreign power, he 
and his descendants who go with him for the purpose of residence, 
can be citizens of this State again only after a residence and taking 
the oath of allegiance, as in case of other foreigners. 
^5700 7 57i5. §1808. (1654.) Rights of. Among the rights of citizens are the 
enjoyment of personal security, of personal liberty, private property 
and the disposition thereof, the elective franchise, the right to hold 
office unless disqualified by the Constitution and laws, to appeal to 
the courts, to testify as a witness, to perform any civil function, and 
to keep and bear arms. 

Eights of white concubine and bastard belong also to colored concubine, 
etc*. : 78 Ga. 414. 

§1809. (1655.) Exercise thereof. All citizens are entitled to exer- 
cise all their rights as such, unless specially prohibited by law. 
Cj€fa%*Xft&*ft* §1810. (1656.) Females. Females are not entitled to the privilege 
(Qi of the elective franchise; nor can they hold any civil office or per- 

form any civil functions, unless specially authorized by law; nor are 
they required to discharge any military, jury, police, patrol, or road 
duty. 

§1811. (1657.) Minors. The law prescribes certain ages at which 
persons shall be considered of sufficient maturity to discharge cer- 
tain civil functions, to make contracts, and to dispose of property. 
Prior io those ages t*hey are minors, and are for that disability unable 
to exercise these rights as citizens. 

See notes to section 3648. 

A foreign guardian of minors, properly authorized to sell, may sell railroad 
stock and authorize a transfer thereof on the company's books: 53 Ga. 514—527. 
Infant married woman may maintain an action for divorce: 49 Ga. 378. 
Minor cannot make legal sale of land to guardian : 65 Ga. 323. 
* Males and females are infants until twenty-one years old : 65 Ga. 400. 

§1812. (1658.) Insane persons. All persons non compos mentis, 
either from birth or from subsequent causes, constantly or period- 
ically, or from age, infirmity, drunkenness, or otherwise incapable of 
managing their affairs, have their persons and estates, or either of 
them, placed in the control of guardians. Such persons retain all 



3 FIRST TITLE.— CHAPTER 1, ARTICLE 2. §§ 1813-1817 

Residents and aliens. 

the rights of citizens which they have the capacity to enjoy, and 
which are compatible with their situation. 

See notes to sections 2570-2581. 

Section cited, and as to various degrees of unsoundness of mind : 59 Ga. 
675-679. 



ARTICLE 2. 



RESIDENTS AND ALIENS. 



§1813. (1659.) Rights of citizens of the United States. Such citi- A <?* ™% Qi 
zens of the other States of this Union as are recognized as citizens 
of the United States by the Constitution thereof shall be entitled, 
while residents of this State, to all the rights of citizens thereof, 
except the elective franchise and the right to hold office, and to per- 
form such civil functions as are confined by law to citizens of this 
State. 

§1814. (1660.) Aliens. Aliens are the subjects of foreign govern- 
ments, not naturalized under the laws of the United States. 

§1815. (21.) As to persons. The jurisdiction of this State and its^ 954 ' 7, 
laws extends to all persons while within its limits, whether as citi- 
zens, denizens, or temporary sojourners. 

See notes to section 4954. 

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 jurisdiction : 
25 Ga. 473; 30/440. Appearing and answering to a suit waives jurisdiction: 
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. 

Applied to case where non-resident abandoned wife in Savannah, and she 
brought bill in Chatham court for alimony : 67 Ga. 423. 

Where Georgians petitioned for partition against New-Yorker, either could 
remove to Federal court : 78 Ga. 476. 

Where, though service on garnishee temporarily sojourning here as suitor 
in court was voidable, default judgment was valid : 83 Ga. 291. 

§1816. (1661.) Rights of aliens as to realty . Aliens, the subjects of Act 1785, 
governments at peace with the United States and this State, so long Act vm, 

b . r . Cobb, 367. 

as their governments remain at peace % shall be entitled to all the 
rights of citizens of other States resident in this State, and shall 
have the privilege of purchasing, holding, and conveying real estate 
in this State. 

§1817. (1662.) Rights to sue and testify. The citizens of other W», sos. 
States of the United States, or of foreign states at peace with this 



§§1818-1821 FIRST TITLE.— CHAPTER 1, ARTICLE 3. 4 

Of persons of color. 

State, and friendly Indians, shall by comity be allowed the privilege 
of suing in our courts or giving evidence therein, so long as the same 
comity is extended in their courts to the citizens of this State. 

Citizens of Tennessee can sue in our courts : 33 Ga. 91. The terms of this sec- 
tion referred to: 34 Ga. 516. 

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

"cobb 8 364 §1818. (1663.) Liens. Aliens may receive and enforce liens by 
mortgage or otherwise on real estate in this State. 

^ t bb 1 867 §1819. (1665.) Militia duty. Residents not citizens and resident 
aliens shall not be liable to militia duty, except in so far as repel- 
ling local invasions or suppressing insurrections. 

Genekal Note. — Suit by an alien enemy : 35 Ga. 45. Confiscation of prop- 
erty of : 35 Ga. 46. Confiscation of railroad stock as belonging to an alien 
enemy and sale thereof, conveyed no title to purchaser : 37 Ga. 515. Sub- 
stitution of party plaintiff in place of an alien enemy, and judgment ren- 
dered, and payment to this new party in Confederate money, is sufficient: 
36 Ga. 556. 

See notes to section 1804. 



ARTICLE 3. 



OF PERSONS OF COLOR. 



^ ct | 3 g 865 " 6 ' §1820. (1666.) Who are persons of color. All negroes,' mulattoes, 
mestizos, and their descendants, having one-eighth negro or Afri- 
can blood in their veins, shall be known in this State as persons of 
color. 

As to whether the party was a negro : 33 Ga. Sup. 11. Husband estopped 
from setting up as against his family obligations that his wife is a mulatto : 
60 Ga. 204. One with one-eighth of African blood is a person of color: 20 
Ga. 480. Evidence as to race by reputation and opinion : 39 Ga. 232-268. 
Negro can hold office : 39 Ga. 273. 

A p Ct 239 865 " 6, §1821. (1667.) Husband and wife, when. Persons of color living 
$2422. together on the 9th day of March, 1866, as husband and wife, sus- 
tain that legal relation to each other, unless a man then had two or 
more reputed wives, or a woman two or more reputed husbands. In 
such event, the man shall immediately select one of his reputed 
wives, with her consent, or the woman one of her reputed husbands, 
with his consent, and the ceremony of marriage between these two 
shall be performed. If such man thus living with more than one 
woman, or such woman living with more than one man, failed or 
refused to comply with the provisions of this section, he or she is 
subject to be prosecuted for the offense of fornication, or fornication 
or adultery, or fornication and adultery, and punished accordingly. 



5 FIRST TITLE.— CHAPTER 2. §§ 1822-1824 

Of domicile, and manner of changing the same. 

Section commented on and illustrated : 61 Ga. 306. Bigamy under this 
section : 40 Ga. 244 ; 65/159. 

The usual marriage ceremony must be performed. If ceremony postponed, 
cohabitation penal, but parties may marry later: 91 Ga. 314. Selection of, and 
cohabitation with, one reputed wife, not prevent subsequent marriage, by 
usual ceremony, to other: 91 Ga. 314. 

§1822. (1668.) Who may perform marriage ceremony. It shall beActsi866, 
lawful for ordained colored ministers of the gospel to celebrate 157. 
marriage between persons of African descent, only, under the same 
terms and regulations as are now required by the laws of the State 
for marriages between white citizens of this State. 

§1823. (1669.) Child legitimate, when. Every colored child born Acts 1865-6, 
before the 9th day of March, 1866, is hereby declared to be the legit-, ov- 
inia te child of his mother; but such child is the legitimate child pp- 156 - 
of his colored father only when born within what was regarded as a 
state of wedlock, or when the parents were living together as hus- 
band and wife. 

Section cited ; mother's right to wages of the child : 53 Ga. 648. Eight to 
inherit as legitimate child of his deceased father : 40 Ga. 339. The legitimate 
child of father and mother, and as to father's rights as parent: 41 Ga. 220. 
Mother having surrendered custody of the child to his lawful father, her con- 
trol ceased : 45 Ga. 558-560. 

General Note. — Persons of color competent as witnesses, just as white per- 
sons are : 35 Ga. 75. Right to enforce equities created in his favor when a 
slave, does not extend to an action for injuries or for wages: 38 Ga. 655. As 
to colored person's right to hold office : 39 Ga. 232, 268-273. In indictment 
against a negro for larceny, it is not necessary to allege and describe him as a 
colored person : 44 Ga. 263 ; 48/30. As to apprenticing a minor person of 
color : See section 2605. May inherit land : 61 Ga. 248. 

Deed to land in 1854, to white person for use of free person of color was void : 
73 Ga. 187. Anomalous condition of post-bellum property rights of negroes, con- 
strued on broad principles of equity : 73 Ga. 187. 



CHAPTER 2. • 

OF DOMICILE, AND MANNER OF CHANGING THE SAME. 

§1824. (1690.) Domicile. The domicile of every person of full A C *| m^ 
age, and laboring under no disability, is the place where the family 
of such person shall permanently reside, if in this State. If he has 
no family, or they do not reside in this State, then the place where 
such person shall generally lodge shall be considered his domicile. 

Is the county in which defendant's family permanently resided, although he 
boarded and did business in another county: 2 Ga. 171. If has no family, 
where he boards and lodges for four nights in the week fixes domicile : 20 Ga. 
746. Where one has fled from the State after wounding another, his domicile, 
for some purposes, still in this State where his family was: 25 Ga. 151. Is the 



§§ 1825-1827. FIRST TITLE.— CHAPTER 2. 6 

Of domicile, and manner of changing the same. 

place where the family shall permanently reside in the State: 46 Ga. 277. Is 
a question of fact for the jury to determine as to intention : 46 Ga. 656, 657. 
Section cited, and where the party was liable to be sued was a question of fact 
for the jury : 60 Ga. 444. Service of process by United States marshal at the 
house where the person left his family is valid : 56 Ga. 51, 52. Non-resident 
of the State has a locus in the place where found, as to suits: 47 Ga. 560-562. 

Although one absent from State for considerable time, his family residing 
in this State, service at family residence good : 68 Ga. 286. 

Husband quitting State to locate elsewhere, but family remaining at resi- 
dence until service had by leaving copy, domicile was here : 94 Ga. 460. 

Confinement in penitentiary under conviction, not change domicile: 74 
Ga. 761. 

$4954. §1825. (1691.) Election of one of two. If a person shall reside 

indifferently at two or more places in this State, such person shall 
have the privilege of electing which shall be his domicile, and if 
such election be made notorious, the place of his choice shall be his 
domicile. If no such election be made, or if made is not generally 
known among those with whom he transacts business in this State, 
third persons may treat either one of such places as his domicile, 
and it shall be so held; and in all such cases a person who habit- 
ually resides a portion of the year in one county and another por- 
tion in another, shall be deemed a resident of both, so far as to 
subject him to suits in either for contracts made, or torts committed 
in such county. Transient persons whose business or pleasure causes 
a frequent change of residence, and having no family permanently 
residing at one place in this State, shall be held and deemed, as to 
third persons, to be domiciled at such place as they at the time tem- 
porarily occupy. 

The right of jurisdiction, both civil and criminal, extends to all persons 
within the limits of the government, whether their residence be permanent or 
temporary : 30 Ga. 440. 

One may be resident of two or more counties at same time : 91 Ga. 223. 

See notes to sections 1815 and 4954. 

$24io. §1826. (1692). Feme covert. The domicile of a married woman 

shall be that of her husband, except in two cases : 1. Of volun- 
tary separation and living apart. 2. Of a pending application for 
divorce. In which case her domicile shall be determined as if she 
were & feme sole. 

Service at the house where the party left his family : 56 Ga. 51, 52. On volun- 
tary separation and living apart, the wife's and husband's domicile are differ- 
ent : 32 Ga. 685. 

Wife's domicile is that of husband living with her: 77 Ga. 85. 

$2501. §1827. (1693.) Of minor. The domicile of every minor shall be 

that of his father, if alive, unless such father has voluntarily relin- 
quished his parental authority to some other person. In such event 
the domicile of the minor shall be that of his master, if an appren- 



7 FIRST TITLE.— CHAPTER 2. §§ 1828-1830 

Of domicile, and manner of changing the same. 

tice, or his employer; if neither master nor employer, then the place 
of his own choice; if the father be dead, then the domicile of the 
minor shall be that of his guardian, if he has one in this State; if 
no guardian, then of his mother, if alive ; if no mother, then of his 
employer; if no employer, then of his own choice. The domicile of 
a bastard shall be that of his mother. 

The county of the ward's residence determines the question as to where to 
apply for guardianship : 34 Ga. 253 ; 15/414. Of a minor, is the place of his 
birth and the domicile of the parents : 33 Ga. 195-201. Where minors are res- 
dent in a State, the courts there can appoint a guardian for them: 53 Ga. 
514-530. 

Minor of Brooks county, by going into Lowndes and procuring guardian 
appointed, selected Lowndes as his residence: 78 Ga. 609. 

Where parents separated, child's domicile that of father, unless father con- 
sents otherwise: 94 Ga. 257,283. 

§1828. (1694.) Lunatics. Persons of full age, who for any cause 
are placed under the power of a guardian, have the same domicile 
with the guardian. 

§1829. (1695.) Change of domicile. The domicile of a person "sui 
juris," may be changed by an actual change of residence with the 
avowed intention of remaining. A declaration of an intention to 
change the domicile is ineffectual for that purpose until some act 
done in execution of the intention. 

Of a ward who is twenty years old, is determined by himself : 18 Ga. 5-7. Is 
a question of intention to be determined by the jury: 46 Ga. 660. 

Domicile of convict sent to penitentiary remains in county of residence : 
74 Ga. 761. 

Evidence here inadmissible as indicating that defendant in attachment 
" had come to Georgia with the mind of remaining" : 92 Ga. 226. 

§1830. (1696.) Of persons not li sui juris.'''' Aperson whose domi-§ 2503 - 
cile for any reason is dependent upon that of another can, by no act 
of volition of his, effect a change of his own domicile; nor can a 
guardian change the domicile of his ward by a change of his own or 
otherwise, so as to interfere with the rules of inheritance or succes- 
sion, or otherwise affect the rights of inheritance of third persons. 

As to service of legal process, the husband cannot change it by running off 
to Alabama, when his family continues to live here : 25 Ga. 151. 



§1831 SECOND TITLE.— CHAPTER 1, ARTICLE 1. 

Corporations, their creation, powers and liabilities. 



SECOND TITLE. 

/rg^yjyyf- *^ ■ ' tf° *•/ v ' Corporations. 




'£><>' 



CHAPTER 1. 

CORPORATIONS, THEIR CREATION, POWERS AND LIABILITIES. 



ARTICLE 1, 



HOW CREATED. 



§1831. (1670.) Corporation defined. A corporation is an artificial 
person created by law for specific purposes, the limit of whose exist- 
ence, powers, and liabilities, is fixed by the act of incorporation, 
usually called its charter. 

Section cited, and power to contract must be within the scope of its charter : 
63 Ga. 194. Section cited, and as to what is a corporation as defined by the com- 
mon law and our Code : 54 Ga. 406. A corporation can commit fraud through 
its agents : 54 Ga. 635. As to the limit of corporate existence by merger, 
coalescence, and extinction and creation of a new one : 60 Ga. 274. A religious 
society, not legally incorporated as such, cannot be sued : 52 Ga. 352. Change 
in name of, not set up after judgment vs. in original name: 53 Ga. 30-32. A 
railroad corporation is an artificial person : 24 Ga. 356-362. May contract by 
note when charter authorizes to contract : 17 Ga. 574. Books of, as evidence ; 
de facto officers of: 5 Ga. 239. 

Acquiescence binding a stockholder in a railroad corporation as to amend- 
ment of its charter : 48 Ga. 109. Denned : 5 Ga. 561-567. No material alter- 
ation in a charter can be made without the consent of the subscribers and 
corporators : 11 Ga. 438. When subscribers not released by change of charter 
of a railroad as to its location : 33 Ga. 466. Charter of a bank is a contract, and 
stockholders accepting, bound by it : 1 Ga. 325. Charters of private corpo- 
rations are contracts : 40 Ga. 583-625. Courts will take judicial cognizance of 
a bank chartered by the General Assembly : 31 Ga. 69. Charter of a private 
corporation not repealed without the consent of the corporation, or itsdefault 
ascertained and passed on in a legal way : 6 Ga. 130. But where the legisla- 
ture reserved the right to repeal, it may be done by implication : 14 Ga. 327, 
328. Public and private corporations defined : 54 Ga. 404. Act extending a 
charter : 18 Ga. 65. 

One dealing with company as corporation, seeking to enforce contract made 
with it, cannot deny corporate existence: 69 Ga. 159. In such case, although 
charter void, cannot sue members as partners: 69 Ga. 159. 



9 SECOND TITLE. —CHAPTER 1, ARTICLE 1. §§1832, 1833 

Corporations, their creation, powers and liabilities. 

Not a person in law until charter granted ; garnishment served on one as 
president, pending application for charter, and default judgment thereupon, 
void : 69 Ga. 751. 

Railroad corporation cannot transfer its franchises by lease, sale or mort- 
gage : 70 Ga. 464. 

No corporation can exercise any power not expressly conferred or neces- 
sarily implied to enable it to perform purposes of its creation : 76 Ga. 181. 

§1832. (1671.) Public or private. Corporations are either public 
or private. 

§1833. (1672.) Public. A public corporation is one having for its *f5Jf;|JJ: 
object the administration of a portion of the powers of government, 
delegated to it for that purpose — such are municipal corporations. 

General Note on Municipal Corporations. 

Notes taken from Code of 1882 : 

Arrest of a violator of a city ordinance without a warrant, when it is not un- 
constitutional : 46 Ga. 80. 

Bonds, without authority from its charter, a city cannot indorse the bonds 
of a street-railroad : 53 Ga. 172-177. As to authority to issue for subscription 
to a railroad : 57 Ga. 370. State bonds not taxable by a city : '50 Ga. 387. 

Bridge in a city may belong to a county, and the city not be liable for an 
injury resulting to one crossing it: 55 Ga. 609; 54/79. Responsible to a per- 
son falling through a hole in a bridge : 58 Ga. 239. 

Building, ordinance allowing no wooden building to be put up in certain 
localities, discussed: 45 Ga. 153. 

Charter, legislature has power to enlarge or diminish the powers of a mu- 
nicipal corporation from time to time at its discretion : 30 Ga. 845 ; 6/130. 

Court, city, when the city court of Augusta did not have jurisdiction for a 
sum under one hundred dollars : 46 Ga. 486. What necessary to allege in an 
affidavit for bail, to give jurisdiction of the person of the defendant : 13 Ga. 
357. When the city court of Augusta had jurisdiction for an amount under 
one thousand dollars : 48 Ga. 481. Of Atlanta, had jurisdiction in a case of 
habeas corpus, although the party held in custody was out of the city: 47 Ga. 
390. When not authorized to grant a new trial: 48 Ga. 37. Of Savannah, the 
Act of 1820 applied to, as regards suits against contractors and copartners: 22 
Ga. 466. Indictment found by nine grand jurors in a case of misdemeanor in 
the criminal court of Atlanta, held valid : 25 Ga. 220. 

Damages, liable for injury in case of negligence in failing to have a railing 
to guard an embankment in the street : 59 Ga. 544. Property-holder has no 
right for loss of rent caused by disuse of street for a reasonable time while 
building a new bridge on it : 57 Ga. 114. In action against city for injury by 
falling in cellar-door, what questions should be left to the jury : 61 Ga. 48 ; 
59/151 ; 55/566. When a city liable for injury to land from overflow caused 
by the corporation: 47 Ga. 260. Not responsible where in digging street 
citizen's fence was undermined and fell down : 28 Ga. 46. Nor for conse- 
quential injury to property by reason of grading streets, if fully invested with 
power over streets: 34 Ga. 327. Speculative damage not recovered even if 
there was a breach of contract : 25 Ga. 386. Liable for negligence as to exca- 
vation in the sidewalks, where it existed long enough to presume city had 
notice of it : 53 Ga. 607. Cellar : 55 Ga. 556. Hole in a bridge : 58 Ga. 238. 
Dedication of land : 41 Ga. 407. 



1833 SECOND TITLE.— CHAPTER 1, ARTICLE 1. 10 

Corporations, their creation, powers and liabilities. 

Ferry, city (Athens) had no power under its charter to carry on : 53 Ga. 639. 

Fine, power to fine and imprison does not include the power to collect the 
fine by imprisonment : 51 Ga. 639 ; see Acts 1878-9, p. 153. 

Gross sales, city permitted under its charter to levy and collect tax on: 37 
Ga. 597 ; 52/251. Criticised by : 55 Ga. 685 ; also see 60 Ga. 93 ; 62/645. 

Gunpowder, city as a measure of security may regulate the keeping and 
retailing of it : 4 Ga. 509. 

Injunction should have been granted for threatening to remove a fence as 
an encroachment on a street : 55 Ga. 150. 

Internal affairs not to be interfered with, unless some right encroached 
upon or wrong perpetrated : 12 Ga. 23. 

Itinerant trader, who sells goods from cars without having a place of busi- 
ness in the city, subject to the tax on that occupation or business : 64 Ga. 225. 

Jurors, citizens of municipal corporations not competent to serve as, in 
cases where the corporation is a party: 7 Ga. 139; 46/80; but see Acts of 
1874, p. 45, and Acts of 1875, p. 96. 

Justices of the peace, extension of jurisdiction of (in Macon), by Act of 1852 
as to joint promisors, some residing in and some out of that city: 17 Ga. 349. 

Levy, not necessary for marshal (of Griffin) to make entry of no personal 
property before levying on realty for taxes: 40 Ga. 39. Property of in the 
use of the municipality for the public is not subject to levy and sale : 64 Ga. 
290 ; 59/771. Not even a public schoolhouse : 62 Ga. 324. 

Liability, not to be sued for error in judgment of mayor and council in 
refusing to grant retail license : 20 Ga. 635. A body corporate is not amenable 
for erroneous exercise of discretion, although its consequences be injurious: 
19 Ga. 471. Responsible when the authorities destroy a house to prevent the 
spread of fire and destroy personal effects that otherwise would not have been 
lost : 48 Ga. 133 ; 7/200. 

License fee, collection of, without authority, liable to an action by the party 
paying : 48 Ga. 309. After voluntary payment : 62 Ga. 538. 

Marshal, removal: 19 Ga. 468. Malpractice: 16 Ga. 172. Deputy may act 
for : 40 Ga. 39. 

Market, grant to establish and keep up, does not imply the power to exclude 
others from selling elsewhere in market hours: 28 Ga. 560. Injunction 
against placing market-house in the street: 30 Ga. 507. No ordinance as to 
sale of meat in Atlanta after certain hours : 33 Ga. 229. 

Mortgage, charter of the city of Rome gives it the power to mortgage : 59 
Ga. 766. 

Nuisance, standing wall is, and city liable for, when : 39 Ga. 728, 729. Placing 
permanent obstruction in street without authority, is ground for injunction : 
33 Ga. 601. Power and authority of a city as to: 6 Ga. 1; 9/281; 39/725. 
Persons continuing after notice to abate, liable to criminal prosecution : 38 
Ga. 542. Steam-cars running on streets cannot be so considered, when: 
42 Ga. 631. 

Offense, city authorities have no right to try one for a different offense from 
the one he has been called on to answer for: 30 Ga. 517, 936. Vague implica- 
tions cannot create: 33 Ga. 229. That is not an offense against the city, 
which is by general law punishable as a crime against the State : 35 Ga. 145 ; 
21/80. 

Office, city council cannot establish the office of recorder when created by 
legislative act : 38 Ga. 542-546. But it is otherwise when the office is created 
by the corporation : 44 Ga. 463. 

Officer, clerk and treasurer need not be a resident of the city unless the 
charter requires it: 12 Ga. 23. Policeman sworn in by the mayor is an officer 



11 SECOND TITLE.— CHAPTER 1, ARTICLE 1. § 1833 

Corporations, their creation, powers and liabilities. 

de facto, although he may not have been elected as prescribed: 45 Ga. 154. 
Mayor and council had discretion in the matter of removing their marshal : 
19 Ga. 468. Marshal failing to prosecute for an offense committed in his 
presence, is liable to removal: 21 Ga. 281. Gambling by, not malpractice: 16 
Ga. 172. City not liable to marshal for money expended by him in defense 
against charges preferred against him : 19 Ga. 468. Recitals in marshal's 
bond, that he holds at the will of the council, not binding, when : 21 Ga. 280. 
No duty incumbent on the marshal of Atlanta to place the purchaser of lands 
sold at a former marshal's sale in possession : 40 Ga. 49. When the mayor 
and council of Atlanta were responsible in damages for enforcing an illegal 
tax ordinance on a non-resident : 60 Ga. 164. 

Pavement, city owning a market is bound to keep the pavement in front of 
it in good repair : 38 Ga. 334. 

Penalties, the right of trial by jury does not apply to penalties imposed by 
city ordinances : 4 Ga. 509 ; 14/354. But city cannot provide a different and 
additional mode of trial for that same offense to that provided by the State 
law : 21 Ga. 80. 

Policeman, or watchman, under city ordinance is under the same protection 
of the law as any other public officer : 30 Ga. 426. 

Powers, where the city under its charter could regulate the weight wagons 
should carry : 5 Ga. 546. Legislature cannot confer on municipal corpora- 
tions power to repeal a statute of the State: 12 Ga. 405. Power of a city 
to erect water- works : 28 Ga. 50 ; 43/67-76. Power to construct wharves : 
4 Ga. 26. 

Private rights of the citizen as to his property destroyed by the city to 
prevent the spread of a fire : 7 Ga. 200. 

Public schools, the purchase of property for the use of municipal corpora- 
tions—powers : 52 Ga. 211-222. 

Railroads, liable to citizens for actual damages caused by the running of 
trains on the streets: 44 Ga. 547. Rights of, when constructed in a city, in 
the matter of a new street, injunction rightfully granted : 40 Ga. 471. 

Records of, when action of council should appear by record in certain cases : 
58 Ga. 182. As to granting a right to cut a ditch, afterwards a nuisance: 
44 Ga. .529. 

Retailing, when city has no authority to, ordinary may grant in city right to 
retail, but differently if city has authority to do so: 42 Ga. 325. General 
Assembly may delegate to a corporation the right to restrict or repress the • 
traffic in spirituous liquors : 18 Ga. 586. When the clerk of an applicant for 
retail may be required to take the oath : 14 Ga. 354. Power in charter to ex- 
act fee for a license, does not confer power to prohibit : 22 Ga. 203. Where 
charter of city gave no power to pass ordinance making it a penal offense to 
sell by the quart or more to be drunk on the premises : 29 Ga. 56. License to, 
may be confined to one room in the house : 50 Ga. 179. After voluntary pay- 
ment of license fee for, overplus cannot be recovered back : 62 Ga. 538. Where 
charter of town embraces section 2498 of Code, have authority to issue retail 
license : 62 Ga. 423. 

Sabbath, may pass ordinance to prevent violation of: 44 Ga. 205. 

Salary, when officer not entitled to, where another elected to fill his place: 
60 Ga. 110, 111. Judgment of police commissioners unappealed from, conclu- 
sive as to policeman's salary: 59 Ga. 319. Sections of Code relating to: See 
sections 700, 1538, 1456, 3056. 

SeWers, right of city to insert: 64 Ga. 524. 

Sidewalks, where a woman fell in a cellar that was open, jury settles fact of 
liability : 59 Ga. 152. 



1833 SECOND TITLE.— CHAPTER 1, ARTICLE 1. 12 

Corporations, their creation, powers and liabilities. 

Streets, when ejectment was not sustained for part of a street : 45 Ga. 342. 
Corporation should keep streets in good condition for ordinary travel by day 
and night: 58 Ga. 238. Suit may be maintained for damage to property, by 
removing earth in street fronting it, to fill up another street : 58 Ga. 595. Li- 
ability of city for land taken for street : 30 Ga. 154. Owner entitled to just 
compensation for : 37 Ga. 113. Where city of Savannah had not the power to 
grant to railroad such use of a street by its company as would preclude all other 
use of it : 33 Ga. 601. Where city takes street encumbered with the trust 
imposed by original proprietor: 33 Ga. 601. When remedy for regrading is by 
action and not by injunction : 23 Ga. 402. When lapse of time did not give 
owner a prescriptive right to use of streets as a lateral support of a building : 
49 Ga. 19. Dedication and acceptance of : 44 Ga. 529 ; 12/239. And what not : 
53 Ga. 609 ; 55/609. Grading street : 23 Ga. 402 ; 34/326 ; 28/46. 

Subscription to stock of railroad by city, ratified by the legislature by im- 
plication : 21 Ga. 275. 

Taxation, no tax can be imposed on non-resident trader not imposed on 
residents of the same class : 55 Ga. 678-687. As to note given for tax assessed 
during the war, not collectible : 41 Ga. 331. Must be uniform and ad valorem: 
47 Ga. 562. Authority to tax real and personal estate does not necessarily 
confer power to tax income : 8 Ga. 23. Albany had no power to levy specific 
tax on horses and mules sold in the city, but might tax such sales ad valorem: 
41 Ga. 21. Bonds liable in city where holder resides: 50 Ga. 387-392. See 
contra: 33 Ga. 113; but see section 762 of Code. When a city (Athens) had 
authority to exempt property from taxation : 54 Ga. 330 ; 60/93. When tax 
voluntarily paid, not recoverable back: 61 Ga. 228. Where general Act of 1872 
did not enlarge taxing powers of Social Circle so as to include personalty : 
60 Ga. 404. 

Tenant, when a temporary owner of a house in a city, alone responsible for 
violation of city ordinance : 20 Ga. 59. 

Writ of error, when it will be sustained as to an order by the superior court 
reinstating a city marshal : 14 Ga. 162. 

Municipal bonds, negotiability of: See note on Negotiable Instruments. 
Coupons : See same note. Elections for issue of : See notes to sections 6 and 7, 
Article 7 of Constitution of Georgia, and to sections 377-381. 
Notes mainly from decisions since Code of 1882 : 

Assessments, legislative action, authorizing assessment, conclusive as to 
benefit to real estate assessed for street improvement : 85 Ga. 49. Ascertain- 
ing cost, fixing assessment, etc., for street-paving, may be left to committee 
of council : 86 Ga. 302. As to rule for assessing abutting property-owners for 
street improvements in Savannah : 91 Ga. 500. Ordinance assessing adjacent 
property to build sewer, void because notice of proposed ordinance did not 
follow law: 93 Ga. 266, 267. 

Awnings, as to city's power to grant perpetual right to maintain, over side- 
walks ; effect of lapse of time on revocability of license : 86 Ga. 756 ; 93/68. 

Board of health, functions governmental and not administrative, and city 
not liable for injury to one by negligence of board's servant, etc. : 95 Ga. 129 
Nor for property condemned by board : 90 Ga. 390 ; 95/323. 

Bonds, power to tax property, not include taxing city's own bonds : 67 Ga. 489. 
In aid of railroad in 1872, valid : 72 Ga. 246. Acts authorizing such bonds held 
constitutional and not conflicting: 72 Ga. 246. Denial, by election, of power to 
issue school bonds, no denial of right to tax for schools, under city charter pre- 
viously ratified : 95 Ga. 555, 556. 

Bridge, liable for negligence in constructing, or failing to repair: 70 Ga. 193. 
As to notice to city of defects : 70 Ga. 193 ; 76/585. City must use ordinary care 



13 SECOND TITLE.— CHAPTER 1, ARTICLE 1. § 1833 

Corporations, their creation, powers and liabilities. 

keep bridges in streets, whether constructed by it or not, safe and convenient for 
passers-by day and night: 73 Ga. 99; see 75 Ga. 658. Bridges, streets and side- 
walks must be kept by city in reasonably safe condition : 66 Ga. 195 ; 76/585. 
One might recover for injuries while driving over defective bridge, although 
he knew there was some danger : 94 Ga. 420 ; 74/469 ; 92/623 ; 95/110. 

Canal, rule of diligence applied to city's care to prevent injury from canal 
to adjacent landowners : 66 Ga. 304. As to Savannah's liability for overflow 
of canal from obstruction in channel, extraordinary rainfall, and insufficient 
banks : 67 Ga. 153, 154. 

Cattle, city had power to impound stray cattle, advertise and sell, unless 
damages paid, although belonging to non-resident : 67 Ga. 753. 

Common, as to title of, in Columbus, and validity of grant by city to rail- 
road company for depot, etc. : 67 Ga. 405, 406. 

Contract, with city, making engineer's decision final as to amount and quan- 
tity of work and pay, binding, except for fraud, on contractors and subcon- 
tractors : 66 Ga. 250. May bind itself by contracts which it has right to make ; 
but one council cannot bind itself or successors to certain policy, or restrict 
legislation : .68 Ga. 816. City can contract for current supplies through appro- 
priate officers or committees ; resolution on minutes not essential: 78 Ga. 480. 
May be ratified by taking fruits of contract : 78 Ga. 480. While city could not ex- 
empt gas company from tax, it could bona fide contract to pay for gas sum equal 
to such tax : 89 Ga. 683. City not enjoined from paying for water consumed 
under invalid contract : 95 Ga. 565. As to validity of contract for gas for term 
of years, without sanction of popular vote : 89 Ga. 683, 689. 

Corporate limits extended, added territory chargeable with prior munic- 
ipal debts : 94 Ga. 557. 

Councilman, improper and illegal for city councilman to vote upon any 
question in which he is personally interested : 80 Ga. 793. 

Damages, city not liable for tortious arrest, etc., by police officer: 54 Ga. 
568 ; 62/290 ; 65/387 ; 68/740. Nor for injury to prisoner by another, negligently 
locked up with former, while drunk, by policeman : 88 Ga. 455. Not recover- 
able from municipal corporation for improper performance or non-performance 
of legislative or judicial powers and duties : 65 Ga. 376. Nor duties govern- 
mental and not administrative : 95 Ga. 129. Nor for acts beyond charter power : 
69 Ga. 542. Aliter, as to ministerial duties: 65 Ga. 376; 69/542. Not liable for 
discretionary acts ; in absence of statute requiring it, lighting highways dis- 
cretionary: 73 Ga. 746. Not liable for negligence of fire department, or failure 
of water supply : 78 Ga. 241. Distinction between ministerial and legislative or 
governmental acts : 78 Ga. 241. Unless made so by statute, city not liable for 
failure to protect property against fire : 83 Ga. 222. City authorities exercise 
judicial or legislative discretion in locating sewers, etc., but liable for negligent 
construction, etc., of sewers : 66 Ga. 304. Raising or altering street grades legis- 
lative, construction of work ministerial; as to liability for damage from ob- 
structing sewer while grading : 66 Ga. 81. Fixing assessment for street-paving, 
ministerial ; correctness attacked by illegality : 86 Ga. 301. Charter not requir- 
ing streets lighted, city not liable for injuries because obstructions not rendered 
visible : 94 Ga. 483. Where one voluntarily leaves sidewalk and falls into exca- 
vation, city not liable: 66 Ga. 195. As to Savannah's liability for overflow of 
canal from obstruction in channel, extraordinary rainfall, and insufficient 
banks : 67 Ga. 153, 154. Declaration not demurrable in actions against city for 
injuries occasioned by plaintiff jumping from buggy into gully, etc. : 68 Ga. 
834. Not liable for tort by one convict on another: 72 Ga. 233. As to city's 
liability to property-owner, where it authorized street-railroad improperly and 



1833 SECOND TITLE.— CHAPTER 1, ARTICLE 1. 14 

Corporations, their creation, powers and liabilities. 

ultra vires to run cars on streets for private purposes : 75 Ga. 761, 763. Declara- 
tion alleging plaintiff injured without fault, because of city's negligence in 
leaving open dangerous hole, etc., not demurrable: 91 Ga. 530, 531. Charter 
method of assessing damages for land appropriated for sewer, cumulative ; 
owner may sue at law — right not waived here : 95 Ga. 138. Measure of 
damages in such case : 95 Ga. 138. 

Dedication, as to what constitutes dedication by city of public domain, and 
when change of use will be enjoined : 95 Ga. 645. 

Election of officer, though publication for election, as ordered by city coun- 
cil, be irregular, if charter complied with, election valid : 85 Ga. 708. 

Encroachments, authorities of Macon could allow on streets and permit 
improvements thereon : 66 Ga. 385. Macon could not grant to railroad, as 
encroachment, block of land 80 by 480 feet in street : 80 Ga. 793. Could not 
grant encroachment here in consideration of return of land formerly donated 
to railroad : 80 Ga. 793. In granting encroachment, must have regard to in- 
terests of property-owners affected thereby : 80 Ga. 793. 

Fire, municipal power to remove building to guard against fire, limited to 
absolute necessity : 82 Ga. 728. 

Fire limits, charter of Atlanta discussed, as to power to condemn frame 
building within fire limits : 72 Ga. 428. Fire limits by municipality properly 
established under general welfare clause : 84 Ga. 169. 

Freshet, as to city's liability here for damages from freshet to manufactory : 
93 Ga. 284. 

Garnishment, city not subject to garnishment for money due for work 
on public buildings, etc.: 81 Ga. 796; 92/361. Although work completed: 
95 Ga. 747. 

Injunction, city's governing body, not interfered with by injunction, while 
exercising bona fide discretion in management of its property : 75 Ga. 429. 
City not enjoined from paying for water consumed under invalid contract: 
95 Ga. 565. 

Jurors, court stinking citizens of defendant city as disqualified, over its ob- 
jection, error working new trial, unless verdict demanded : 69 Ga. 577. 

Legislation, city cannot legislate on subjects made offense, etc., by State 
laws: 69 Ga. 503. One council cannot bind itself or successors to a certain 
policy, or restrict legislation : 68 Ga. 816. 

Levee, city not liable to erect and maintain levee, unless charter requires 
it: 69 Ga. 542. 

License, fee reduced after one had paid, but before he had used his license, 
he could not repudiate and recover amount paid : 68 Ga. 816. One selling wood, 
in city, from own land, not subject to business license : 84 Ga. 365. To carry 
on business of fish-dealer, etc., gives no vested right to keep box in street, 
etc. : 86 Ga. 756. To maintain awnings over sidewalk, revoked when, and how 
removal enforced : 93 Ga. 68. 

Lights, charter not requiring streets lighted, city voluntarily lighting, not 
bound to make obstructions visible : 94 Ga. 483. Not liable for failure to light 
street, unless required by statute : 73 Ga. 746. 

Market, as to city's power here to prohibit sale of articles elsewhere than at 
market-house — prohibition confined to reasonable hours: 91 Ga. 268. 

Mayor and council under military rule, acts of, ratified by Constitution of 
1868 and acquiescence of subsequent duly elected officers: 67 Ga. 406, 421. 

Ministerial acts, fixing assessment for street pavement ministerial, and 
correctness attacked by illegality : 86 Ga. 301. City liable in damages for im- 
proper performance of ministerial duties: 65 Ga. 376; 66/81; 69/542; 78/241. 



15 SECOND TITLE.— CHAPTER 1, ARTICLE 1. § 1833 

Corporations, their creation, powers and liabilities. 

Necessary expense, fitting up municipal offices, at common law, was inci- 
dent to city government : 69 Ga. 503. 

Negligence implied from failure to repair defect in sidewalk existing some 
time, whether notice shown or not: 75 Ga. 167. City not liable if plaintiff 
could have avoided injury from open sewer by ordinary diligence : 75 Ga. 658. 
Evidence here made case for jury, as to city's negligence in keeping street, 
and plaintiff's servant's negligence in driving: 92 Ga. 413. Gross negligence 
by city, not authorize recovery by one knowing of ditch's existence, where 
ordinary care would have prevented injury: 92 Ga. 535. 

Notice, street out of repair, when notice to city necessary and when not: 
70 Ga. 193. As to notice to city of defects : 75 Ga. 167 ; 76/586. City not 
liable for defects in streets, etc., unless chargeable with notice thereof , pro- 
vided, no negligence as to construction or repair: 82 Ga. 207. One suing city 
for damages from falling into ditch across sidewalk dug by licensed plumber, 
need not allege city's knowledge : 91 Ga. 714-716. 

Nuisance, city council requiring building torn down as nuisance, not liable 
for, as individuals, unless acted maliciously, etc. : 67 Ga. 190. Power by charter 
to abate nuisance, notwithstanding general law : 70 Ga. 191. Charter of Atlanta 
discussed, as to power to condemn frame building within fire limits: 72 Ga. 428. 
City here could not declare railroad storehouses nuisance, and abate : 72 Ga. 
800. City liable for damage to individuals, caused by improper building of 
drains and culverts: 75 Ga. 110. Atlanta cannot, under its charter, create per- 
manent nuisance dangerous to health and life : 91 Ga. 210. City should keep 
streets free from permanent nuisance ; liable for such erected by street-railway 
company : 92 Ga. 623, 624. Tenant of premises in city can recover damages 
for injury, to his use, by erection of public nuisance : 92 Ga. 623. Abatement of 
nuisance referable to police power, not eminent domain : 90 Ga. 390. 

Offense, city cannot legislate on subjects made offense by State laws : 69 
Ga. 503. Legislature may authorize city to punish offense prohibited by State 
law; legislative intent should be manifest: 88 Ga. 407. Ordinance here pro- 
hibiting sale of liquor except for medicinal purposes not invalid because of 
State law on same subject : 89 Ga. 739. 

Offices, buildings fitted up for municipal offices, at common law necessary 
expense incident to city government: 67 Ga. 106. 

Ordinances authorized by legislature have force of laws, where not unconsti- 
tutional : 73 Ga. 184. The ordinance here was within the charter grant of police 
power: 73 Ga. 184. Ordinance prohibiting boys, etc., from getting on trains at 
depot, etc. , and excepting passengers, etc. , not void for uncertainty, or as being 
unreasonable : 73 Ga. 184. Law will presume that reasonable construction only, 
of such ordinance, was contemplated : 73 Ga. 184. Eegulating speed of trains, 
and requiring watchmen at crossings, is within police power: 81 Ga. 397. No 
unreasonable ordinance can be valid. Reasonableness of ordinance as to speed 
of trains, for court : 90 Ga. 501 ; but see 81 Ga. 418. Affidavit for warrant to arrest 
person violating ordinances, defective if fails to state how violated: 86 Ga. 455. 
All persons, including railroads and employees, in city, must take notice of 
valid ordinances : 87 Ga. 386. Ordinance reciting wrong act as source of author- 
ity, not therefore void : 91 Ga. 268. Effect of ordinance, in restricting power of 
city's governing body, where "any person" is prohibited from doing certain 
things : 91 Ga. 522, 524. Ordinance assessing adjacent property to build sewer, 
void because notice of proposed ordinance not follow law: 93 Ga. 266, 267. 
Ordinance being legislative act, cannot be repealed by less formality than 
another ordinance : 94 Ga. 803. 

Pavement, act requiring railway to pave between tracks, property-owner 
cannot resist assessment because railway's part of street not paved : 86 Ga. 301. 



1833 SECOND TITLE.— CHAPTER 1, ARTICLE 1. 16 

Corporations, their creation, powers and liabilities. 

Act authorizing apportionment of assessments for street pavement, according 
to "frontage" only, legal: 86 Ga. 301. As to paving street intersections and 
unpaved center of street between railway tracks: 86 Ga. 301. 

Pleading, where charter incorporated city as "City of Gainesville," but 
made "Mayor and Council, etc.," suable, suit naming latter as defendant prop- 
erly brought : 81 Ga. 76. Suit alleging unlawful revocation of liquor license 
should specify how act unlawful: 89 Ga. 781. 

Policeman, city not liable for tortious arrest by : 54 Ga. 568; 62/290; 65/387; 
68/740. For unlawful battery by, city may remove him by trial (judicially), 
in which case judgment is binding on him : 69 Ga. 165 ; or by discharging him 
for good cause: 69 Ga. 165; 80/503. City not liable for personal injury by 
one prisoner to another in the same cell, though former while drunk negli- 
gently locked up with latter by policeman : 88 Ga. 455. 

Powers, these corporations confined to express powers, or those necessarily 
implied, which implication must be clear and strong: 72 Ga. 428. Unless for- 
bidden by charter, city may build schoolhouse : 52 Ga. 211 ; 73/686. As to right 
to tax for schools, although power to issue school bonds denied by election: 
95 Ga. 555. City had power here to change investment, without special au- 
thority from legislature, or by vote: 75 Ga. 429. City could, by ordinance, 
adopt code compiled by city attorney ; adoption, not compilation, legislative 
act: 83 Ga. 512. Authority to grade, pave, macadamize, or otherwise improve 
streets for travel or drainage, comprehensive : 86 Ga. 301. Though act require 
two-thirds vote of council to authorize street pavement, material used fixed 
by majority only : 86 Ga. 301. Where city charter authorized "blind tiger" 
ordinance : 94 Ga. 654. 

Property, cities must use their property so as not to damage others : 
69 Ga. 542. 

Railroads, ordinance prohibiting storing of guano not applicable to railroad 
depot : 72 Ga. 800. Not applicable when railroad charter gave power to erect 
storehouses, etc.: 72 Ga. 800. City estopped here: 72 Ga. 800. Section 2222 
applicable to checking trains passing street crossing in city : 78 Ga. 810 ; see 65 
Ga. 120 ; 73/558. City having authority to regulate running of trains, failing to 
do so, State law in full force : 78 Ga. 810. Railroad company cannot lay tracks 
on streets without express legislative sanction ; 74 Ga. 658 : 80/793. No such 
authority conferred by charters here: 80 Ga. 793. Where statute granted 
realty to railroad, subject to city's consent, which was given, acceptance should 
affirmatively appear, also user within reasonable time: 82 Ga. 501. Under Act 
of 1874, city could not tax railroad property used in its business: 71 Ga. 158. 
Permitting expenditures after agreement with the city authorities would 
estop city from denying right of railroad to run through its streets: 74 Ga. 659. 
Aliter, as to unauthorized expenditure : 74 Ga. 659. As to railroad company's 
right to build additional tracks along right of way, on street dedicated to 
public : 91 Ga. 573. 

Recorder's court, summons from, need not conform to ordinance : 77 Ga. 663. 

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

Sale, by city, of lot, for valuable consideration, held good: 77 Ga. 336. 
Deed by mayor held sufficient, without resolution of council authorizing ; 
city having legislative right to sell : 90 Ga. 195. 

Schools, city, unless forbidden by charter, may build schoolhouses : 52 Ga. 
211 ; 73/686. Not prohibited therefrom by Constitution of 1877 : 73 Ga. 686, citing 
64 Ga. 498. Right here to tax for schools, under ratified charter, although 
power to issue school bonds denied by election : 95 Ga. 555. 

Sewer, as to liability for damage from obstructing a sewer: 66 Ga. 81. 



17 SECOND TITLE.— CHAPTER 1, ARTICLE 1. §1833 

Corporations, their creation, powers and liabilities. 

Shade-trees in street belong to city ; city removing them in grading, liable 
only for negligence in work : 74 Ga. 164. 

Sidewalk, when one voluntarily leaves, and falls into excavation, city not 
liable : 66 Ga. 195. Rule of city's liability for personal injuries from defect in 
bridge over drain used by people as part of sidewalk : 66 Ga. 659. Suits fOr 
slight depressions or elevations in sidewalk, etc., discouraged: 72 Ga. 420. 
Sidewalks and streets must be kept in safe condition for travel, and failure to 
repair defect implies negligence : 75 Ga. 167. Duty in matter of keeping 
reasonably safe for public use : 95 Ga. 135. 

Statutes, legislative acts authorizing closing street, strictly construed: 
84 Ga. 372. 

Streets, power to alter grades of, involves legislative act ; the work is min- 
isterial: 66 Ga. 80. As to liability for damage to property-owners from grad- 
ing streets : 23 Ga. 402 ; 28/46 ; 34/326 ; 58/595 ; 66/81. Measure of damages to 
property from change of grade ; benefit from improvement considered : 67 Ga. 
386 ; 70/611. Since Constitution of 1877, consequential damages recoverable : 67 
Ga. 386. Rules stated as to city's liability for obstructing; applied to stretch- 
ing rope across, during fire parade: 67 Ga. 618. State has supreme control of 
streets : 71 Ga. 124. Gas company, chartered by legislature, may use for pipes and 
fixtures without city's consent : 71 Ga. 124. Railroad company cannot lay 
tracks in streets without express legislative sanction : 74 Ga. 658 ; 80/793. City 
has remedy over against individual or railroad so using street as to cause an in- 
jury : 74 Ga. 774. Railroad notified of original suit against city, record there- 
of admissible against it : 74 Ga. 774. Fee of street in State ; city cannot grant 
right to lay side-track thereon : 78 Ga. 274. As to title to streets of Brunswick 
and power of mayor and council over them : 91 Ga. 522, 523. City authorizing 
ditch to be opened on street, must see that it is properly done without injury 
to passers-by : 71 Ga. 258. City bound to keep streets in safe condition for 
persons to pass by night and day : 75 Ga. 658 ; see 73 Ga. 99 ; 74/774. City not 
liable for failure to carry out ordinance looking to opening new street: 77 Ga- 
745. Right to open, not include right to open railroad right of way through 
city : 85 Ga. 367. Under power to improve whole or part of any street, city 
may divide one street in two sections and pave each differently: 86 Ga. 301- 
Without express statutory authority, city has no right to permit permanent 
obstruction in street for private use: 86 Ga. 756. City not liable for injury 
caused by obstruction on street here, unless chargeable with notice : 77 Ga. 757- 
License as fish-dealer, not give right to use street for business : 86 Ga. 756' 
City charter giving full authority to remove obstructions from streets, may be 
exercised summarily without hearing: 86 Ga. 756. 

Street railway, as to city's power here to grant electric railway privileges 
over streets, and right to build power-house, etc. : 92 Ga. 209. Work of con- 
structing street-railroad through streets should not obstruct streets unneces- 
sarily : 87 Ga. 756. On question of legality of running railway-cars, etc., in city 
and damage to plaintiff's house, irrelevant to prove porch projected on side- 
walk: 75 Ga. 761. 

Taxation, recovery of back business taxes paid, not encouraged, and never 
allowed where payments voluntary ; as to what is voluntary payment : 66 Ga. 
32. Protest accompanying voluntary payment of taxes, not authorize recov- 
ery ; what must appear : 68 Ga. 119. As to 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. While city could not exempt gas com- 
pany from tax, it could contract to pay for gas sum equal to such tax: 
89 Ga. 683. Contract with street-railroad company here did not exempt sta- 
bles, shops, houses, etc., from taxation: 66 Ga. 104. Power to tax property 
2 



§§ 1834, 1835 SECOND TITLE.— CHAPTER 1, ARTICLE 2. 18 

Their creation. 

not include taxing city's own bonds : 67 Ga. 489. City having authority to lay 
business taxes, may lay tax on each department of general merchandise store, 
as different business : 69 Ga. 583. Payment of specific tax to city does not 
release one from liability to future assessment : 75 Ga. 36. Under Act of 1874, 
city could not tax railroad property used in its business : 71 Ga. 158. Whilst 
formerly State could by contract restrict itself as to taxing power, city never 
could except by express statute : 83 Ga. 734. Municipality must follow strictly 
power to tax by local assessment : 91 Ga. 500. Denial, by election, of power 
to issue school bonds, no denial of right to tax for schools under city charter 
ratified : 95 Ga. 555, 556. 

Water, right of city of Atlanta to shut off her water from specific premises 
until arrears paid, analagous to tax lien on specific land : 90 Ga. 486. 

Water-works, rule of liability for overflowing lands below reservoir by 
letting off water: 66 Ga. 72. There is nothing in contract of city of Athens 
with water-works company exempting latter from taxation : 74 Ga. 413. 

§1834. (1673.) Private. All others are private, whether the ob- 
ject of incorporation be for public convenience or individual profit, 
and whether the purpose be, in its nature, civil, religious, or edu- 
cational. 

An incorporated academy is a private corporation : 3 Ga. 283. The State 
may pass any act controlling the management of an incorporated academy : 
22 Ga. 506. Power of the legislature over private corporations cannot be ex- 
ercised contrary to the privileges in the charter : 6 Ga. 130. Cannot sell the 
franchise of a railroad, but may everything else belonging to it: 57 Ga. 340. 

Operation of street-railroad for private purposes perpetually enjoined: 
73 Ga. 428 ; 75/763. 



ARTICLE 2. 



THEIR CREATION. 



Acts 1853-4, §1835. (1674.) By whom created . The power to create corporations 
1855-6, i n this State vests in the General Assembly, and the courts, by 
5^780, 2350, w bom all charters must be granted. 

How created by act of the legislature generally in this country : 14 Ga. 80. 
Power of the legislature as to creating corporations for the government of 
towns : 30 Ga. 845. Section cited and construed in reference to a church cor- 
poration : 63 Ga. 194. Where the corporation was created subject to the general 
law then in force, so that the charter might at any time after be modified or 
repealed : 54 Ga. 404-420. 

Act conferring upon commissioners of Mcintosh county power of exercis- 
ing corporate authority of Darien, valid: 68 Ga. 681-686. Municipality is 
creature of legislature, which may dissolve, modify, or limit its powers at 
will : 68 Ga. 681 ; 6/130. 

Incorporation of manufacturing company in 1872, by superior court, void : 
69 Ga. 159. 

Acceptance of charter is presumed from the application : 71 Ga. 106. 

Superior courts have no authority to grant charters to railroad companies: 
93 Ga. 53. 



19 SECOND TITLE.— CHAPTER 1, ARTICLE 2. §§1836-1840 

Their creation. 

§1836. Charters, how renewed. Any banking, insurance, railroad, Acts 1898, 
canal, navigation, express, and telegraph company, heretofore incor-$ 5780 - 
porated by the General Assembly by special act, may from time to 
time renew its charter by riling with the secretary of State a petition 
signed with the corporate name, stating the name and charter of the 
corporation, when incorporated, giving the date of the original act of 
incorporation and all amendments thereto, that it desires a renewal 
of its charter as set out in the original act of incorporation and the 
acts amendatory thereof; and paying to the secretary of State a fee of 
one hundred dollars, to be covered by him into the treasury of the 
State; and filing along with said petition a certified abstract from 
the minutes of the corporation, showing that the application for re- 
newal had been authorized by proper corporate action. 

§1837. Form of certificate to be issued. Thereupon the secretary of 
State shall issue to the petitioning corporation the following cer- 
tificate, to wit: 
Georgia. 
To whom it may concern — Greeting: 

(Insert name of petitioning corporation), a corporation created by Act | 8 1893 ' 
an Act of the General Assembly of the State of Georgia, by an Act 
approved (insert date of approval of act of incorporation) and Acts 
amendatory thereof, approved (insert date of approval of amending 
acts), having petitioned for a renewal of the charter of said corpo- 
ration in terms of the statute in such case made and provided, the 
grant of corporate powers and privileges set out in the above-recited 
acts is hereby renewed for the space of thirty years, as to all parts 
thereof not in conflict with the Constitution and laws now or here- 
after of force in this State. 

Witness my official hand and the seal of State, this day 

of , 18—. 

§1838. Acceptance of renewal. Upon filing the petition and abstract, Actja893, 
and the issuance of the certificate prescribed, the corporation shall 
be conclusively presumed to have accepted the renewal of its charter, 
and said corporation shall be, and continue for the space of thirty 
years, a body corporate, with all the powers, privileges and liabili- 
ties granted in the original act of incorporation and the amendments 
thereto, so far as the same are not in conflict with the Constitution 
and laws of the State, now or hereafter of force. 

§1839. To file petition, etc. The secretary of State shall keep of file A p ct | 9 1893 ' 
the petitions and abstracts specified, and a book in which he shall 
enter the names of all corporations obtaining renewals of charters, 
and the date of the renewal. 

§1840. Charters, how amended. Any banking, insurance, railroad, Act | 9 1898, 
canal, navigation, express, or telegraph company, heretofore incor-^ 5780 - 



1841-1843 SECOND TITLE.— CHAPTER 1, ARTICLE 2. 



20 



Their creation. 



porated by the General Assembly by special act, may amend its 
charter so as to acquire any or all of the corporate powers and priv- 
ileges granted to a like corporation under the acts already or to be 
hereafter passed, providing for the grant of corporate powers and 
privileges to such companies by the secretary of State, by filing with 
the secretary of State a petition, signed with the corporate name, 
stating the name and character of the corporation, the date of the 
original act of incorporation and all amendments thereto, that it 
desires an amendment to its charter by having granted it the corpo- 
rate powers and privileges granted to similar corporations by the 
act, or certain specified sections of the act, providing for the grant 
of corporate powers and privileges to (insert kind of company) by 
the secretary of State; and paying to the secretary of State a fee of 
twenty-five dollars, to be covered by him into the treasury of the 
State; and also filing along with said petition a certified abstract 
from the minutes of the corporation, showing that the application 
for amendment had been authorized by proper corporate action. 

§1841. Certificate of amendment. Thereupon the secretary of State 
shall issue to the corporation the following certificate: 
Georgia. 
To whom it may concern — Greeting: 

(Insert here name of petitioning corporation), a corporation 
created b'y an Act of the General Assembly of this State, by an 
Act approved (insert here date of approval of act), and Acts amend- 
atory thereof, approved (insert here date of approval of amenda- 
tory acts), having petitioned for an amendment of the charter 
of said corporation, in terms of the law in such case made and pro- 
vided, the corporate powers and privileges set out in the Act (or 
certain specified sections of the act), providing for the grant of 
corporate powers and privileges by the secretary to (insert charter 
of company), are hereby conferred upon (insert name of company 
desiring amendment). 

Witness my hand and the seal of this State, this day of , 

18—. 

§1842. Acceptance of amendment conclusively presumed. After the 



Acts 1893, 
p. 89. 



Acts 1893, 
p. 89. 



Acts 1893, 
p. 90. 



filing of said petition, and the issuance of the certificate prescribed 
in the foregoing section, the corporation shall be conclusively pre- 
sumed to have accepted the amendment specified, and shall have, 
enjoy, and exercise all the corporate powers and privileges set out 
in the act, or the particular section of the act specified in the petition 
and certificate prescribed in section 1840 of this Code. 

§1848. Petitions and transcripts to be kept of file. The secretary shall 
keep of file all petitions and transcripts filed with him, and a book 
in which he shall enter the names of all the companies obtaining 



21 SECOND TITLE.— CHAPTER 1, ARTICLE 2. §§1844, 1845 

Their creation. 

amendments to charters, the date of the amendment and the act, 
or portions of the act, adopted as an amendment. 

§1844. Change of name or place of business. Any banking, railroad, ^ ct 5 9 2 189B ' 
insurance, express, telegraph, canal, or navigation company in this$ 5780 - 
State, whether incorporated by special act of the General Assembly /p^i, 
or by the secretary of State under the general law, may have its cor- tf*T<*' 
porate name or its principal office changed in the following manner, 
to wit : The company desiring to have its name or its principal office 
changed, shall file in the office of the secretary of State a petition, 
signed with the corporate name, stating the name and character of 
the corporation, the date of its original charter and all amendments 
thereto, that it desires an amendment to its charter changing its cor- 
porate name or its principal office, or both, as the case may be; and 
pay to the secretary of State a fee of twenty-five dollars, to be cov- 
ered by him into the treasury of the State; and also file with such 
petition a certified abstract from the minutes of the board of direc- 
tors, showing that the application for the proposed amendment has 
been authorized by the unanimous vote of the stockholders present 
at a stockholders' meeting. Affidavit, made and signed in due form 
of law by the president or secretary, shall be attached to said peti- 
tion, showing that it has been published once a week for four weeks 
in that newspaper in which is published the sheriff's sales of the 
county in which the principal office of said corporation is located. 

§1845. Certificate of change. When said petition and affidavit have A p tS 52 895 ' 
been filed in the office of the secretary of State, that officer shall 
issue to said company, under the great seal of the State, a certificate 
in the following form : 

To all to whom these presents may come — Greeting : 

Whereas, The (here insert name of petitioning corporation), a 
corporation created and existing under the laws of this State, has 
filed in this office, in terms of the law, a petition asking that its 
charter be amended by changing (its corporate name or its principal 

office, or both, as the case may be) from to , and has 

complied with all the requirements of the law in such cases made 
and provided; therefore, the State of Georgia hereby amends the 
charter of the said (insert name of company) by changing (its corpo- 
rate name or principal office, or both, as the case may be, ) from (insert 
old name or old principal office, or both) to (insert new name or new 
principal office, or both). 

In witness whereof, these presents have been signed by the sec- 
retary of State, and the great seal has been attached hereto, at the 
capitol, in Atlanta, on this day of , 18 — . 



§§ 1846-1849 SECOND TITLE.— CHAPTER 1, ARTICLE 3. 22 

Foreign corporations. 

ARTICLE 3. 

FOREIGN CORPORATIONS. 

^5i48 5 i863 §1846. (1675.) Foreign corporations . Corporations created by other 
States or foreign governments are recognized in our courts only by 
comity, and so long as the same comity is extended in their courts 
to corporations created by this State. 

The existence of a corporation may be recognized in another State and 
there contracted with : 14 Ga. 328. Proof of diploma of foreign medical cor- 
poration : 27 Ga. 76, 77. By producing charter of such corporation : 59 Ga. 100. 
Comity controls as to foreign corporation's right to sue here: 23 Ga. 448-458. 
Montgomery and West Point Railroad sued in Georgia by one of her citizens, 
although the cause of action originated in Alabama : 39 Ga. 554. Foreign cor- 
poration garnisheed for a debt it may owe anywhere in the State : 48 Ga. 351. 
Specific performance cannot be enforced against a domestic corporation, as to 
contract as to land to be performed in another State : 58 Ga. 323-328. 

Cannot recover lands in Georgia without showing power under foreign 
charter to hold lands : 66 Ga. 529. 

Railroad company incorporated under Act of 1876, not a foreign corpora- 
tion : 72 Ga. 423. Georgia Railroad charter authorizing sale of franchises, 
foreign purchaser became domestic corporation : 74 Ga. 634. 

Decree against corporation, appointing receiver to collect assessments of 
stock subscriptions, binding on non-resident subscriber: 85 Ga. 238. 

Acts 1893, §1847. What powers they may not exercise. No foreign corporation 
shall exercise within this State any corporate powers or privileges 
which by the Constitution or laws of Georgia are denied or prohibited 
to corporations created by this State, or the exercise of which is 
contrary to the public policy of this State, anything in the charter 
or corporate powers of the foreign corporation to the contrary not- 
withstanding. 

§1848. Penalty. Whenever any foreign corporation shall exercise 
or attempt to exercise within this State any corporate power or privi- 
lege denied or prohibited to corporations created by this State by 
the Constitution or laws of this State, or contrary to the public 
policy of this State, it shall be the duty of the courts to declare 
said corporate powers or privileges invalid and of no force or effect 
within this State, and to restrain or prohibit, by appropriate proc- 
ess, order or judgment, the exercise of said corporate powers or 
privileges by said foreign corporation, at the instance of any party 
at interest, or at the instance of the attorney-general, when the 
latter shall be directed by the Governor to proceed to that end in 
the name of the State. 
Act ^ 3 1898 ' §1849. (1675a.) Ownership of land by foreign corporation. Any 
foreign corporation or corporations incorporated by the laws of any 
other State, and claiming io own lands in Georgia in quantity 



23 SECOND TITLE.— CHAPTER 1, ARTICLE 4. §§ 1850, 1851- 

Powers and liabilities of corporations. 

amounting to as much as five thousand acres, shall be incorporated 
by the laws of Georgia within twelve months after February 28th, 
1877; and on their failing to do so, the State of Georgia will not con- 
sent to the said corporation owning the said lands so located in her 
territory. And any foreign corporation incorporated by the laws of 
other States, who shall thereafter claim to own land in the State of 
Georgia in quantity amounting to five thousand acres or upwards, 
shall become incorporated by the laws of the State of Georgia, and in 
default thereof Georgia will not consent that said foreign corporation 
shall own said lands in her territory; and no foreign corporation in- 
corporated by the laws of another State shall own more than five 
thousand acres of land except upon the condition of becoming a 
corporation under the laws of Georgia: Provided, that this section 
shall not apply to any foreign corporation, or any corporation incor- 
porated by the laws of any other State, engaged in the business of 
lending money on real estate security, nor to any such corporation 
which holding a lien upon real estate to secure the payment of any 
debt, when said corporation, in order to prevent loss, is compelled to 
become the purchaser of lands covered by deed or mortgage to secure 
a loan: And provided, however, that the benefits and privileges of the ^f^ 1805 ' 
foregoing proviso shall not apply to any foreign corporation which 
does or may lend money in this State at a greater rate of interest 
than eight per cent, per annum. In estimating the amount of in- 
terest charged, there shall be included any and all commissions or 
fees which may be paid to said company or its duly authorized agents. 

Borrower cannot, by illegality to mortgage fi. fa., question right of lender, 
a foreign corporation, to own more than five thousand acres ; State alone can 
make the question : 87 Ga. 28. 

§1850. Charter of foreign corporations, hoiu far binding here. Where 41 Ga - 66 °- 
a foreign corporation does business in this State and relies upon 
provisions in its charter different from those imposed by the law of 
this State under similar circumstances, it must show that the op- 
posite party had notice of such provisions at the time the contract 
was made. 



ARTICLE 4. 

POWERS AND LIABILITIES OF CORPORATIONS. 

§1851. (1678.) Continuance. Corporations have continuous suc- 
cession during the time limited by their charter, notwithstanding 
the death of their members. Should any charter granted in future 
by the General Assembly to a private corporation be silent as to its 



. §§ 1852-1854 SECOND TITLE.— CHAPTER 1, ARTICLE 4. 24 

Powers and liabilities of corporations. 

continuance, such charter shall expire at the end of thirty years 
from the date of its grant. 

Section cited, and where charter is silent as to continuance, it expires in 
thirty years from the date of its grant : 49 Ga. 151-153 ; 54/404, 420-422. 
Change of stockholders not affect the corporate existence : 72 Ga. 518. 

§1852. (1679.) Common powers. All corporations have the right 
to sue and be sued, to have and use a common seal, to make by- 
laws, binding on their own members, not inconsistent with the laws 
of this State and of the United States, to receive donations by gift 
or will, to purchase and hold such property, real or personal, as is 
necessary to the purpose of their organization, and to do all such 
acts as are necessary for the legitimate execution of this purpose. 

Ordinance of a city regulating the sale of gunpowder is valid : 4 Ga. 509. 
A railroad corporation can make contracts : 17 Ga. 574. A by-law asserting a 
lien on the stock of the members is binding as between the corporators: 
1 Ga. 43. But a by-law infringing upon a valid statute relating to corpora- 
tions is void : 12 Ga. 404. City of Augusta has power to establish such by- 
laws as are necessary, and not repugnant to the Constitution and laws: 
38 Ga. 542. Where by-law valid, but society could be controlled in its con- 
struction and enforcement : 38 Ga. 608. Where no individual liability is cre- 
ated by the charter or general laws, a by-law of the corporation cannot 
impose it : 40 Ga. 98. When the execution of a mortgage by the agent of the 
corporation binds the corporation : 25 Ga. 316. Agent can bind the corpora- 
tion' by note if acting within sphere of his powers, or there is after-ratification 
of it by the principal: 6Ga. 166. Excursions as a matter of trade or business 
with the public, are not within the means or ends for which a church was in- 
corporated : 63 Ga. 186-194. Where a contract is beyond the scope of the 
corporate powers, noremedy can be had for damages for breach of: 53 Ga. 625. 
Suing need not state how incorporated or aver that it is a corporation: 
55 Ga. 672. In suits to recover on subscription for stock, calls for should be 
clearly proved, but need not show that a certificate of stock has been ten- 
dered the subscriber : 56 Ga. 230. Notice as to calls in relation to stock sub- 
scriptions : 57 Ga. 314. By-laws control officers of, where they accept office 
and serve under such by-law known to them : 58 Ga. 240. See 87 Ga. 533. 

Members of company not liable as partners under summons of garnishment 
directed to corporation : 69 Ga. 751. 

Whether corporation (a bank) acted ultra vires in running iron-works to 
collect debt due to bank, was fairly submitted to jury : 74 Ga. 454. 

Defendant sued as corporation having pleaded as such, not prejudiced by 
incompetent parol proof that it was a corporation : 88 Ga. 193. 

Corporation cannot, ordinarily, become member of partnership : 74 Ga. 509 ; 
75/567. 

SS'Ss 6 * §1853. Visitorial powers. Visitorial power over corporations is 
vested in the superior court of the county where such corporation 
is located. 

j*(ia'668' §1854. Rights of corporators. Corporators have a property inter- 
est in the franchise of voluntary private corporations, of which they 
cannot be deprived except by due process of law. Mandamus will 



25 SECOND TITLE.— CHAPTER 1, ARTICLE 4. §§1855-1860 

Powers and liabilities of corporations. 

lie against the corporation to enforce such rights, if there is no other 
legal remedy. 

§1855. Transfer of shares, when complete. Except as against the40Ga. m. 
claims of the corporation, a transfer of stock does not require a 
transfer on the books of the company. 

§1856. Organization before capital subscribed for. Persons who ^^°;^' 
organize a company and transact business in its name before the 83 Ga - 471 - 
minimum capital stock has been subscribed for, are liable to cred- 
itors to make good the minimum capital stock with interest. 

No deduction for salaries of such corporators allowed where corporation 
made no profits : 83 Ga. 471. 

§1857. Contracts between corporations having officers in common. A|[^-j^- 
contract otherwise fair is not rendered void by the fact that the con- 
tracting parties consist of corporations having the same persons or 
officers in each. 

§1858. Directors of insolvent corporations. Directors primarily rep- 91 Ga - 624 - 
resent the corporation and its stockholders, but when the corpora- 
tion becomes insolvent they are bound to manage the remaining 
assets for the benefit of its creditors, and cannot in any manner use 
their powers for the purpose of obtaining a preference or advantage 
to themselves. 

§1859. Majority stockholders entitled to control. So long as the 76Ga - 641 - 
majority stockholders confine themselves within the charter powers, 
a court of equity will require a strong case of mismanagement, or 
fraud, before it will interfere with the internal management of the 
affairs of a corporation. 

§1860. Proceedings by minority stockholders, vohen allowed. A minor- si Ga. 548. 
ity stockholder may proceed in equity in behalf of himself and other 
stockholders for fraud, or acts ultra vires, against p, corporation, its 
officers and those participating therein, when he and they are injured 
thereby. But there must be shown — 

1. Some action or threatened action of the directors beyond the 
charter powers; or, 

2. Such a fraudulent transaction completed or threatened among 
themselves or shareholders or others, as will result in serious injury 
to the company or other shareholders; or, 

3. That a majority of the directors are acting in their own inter- 
est in a manner destructive of the company, or of the rights of the 
other shareholders; or, 

4. That the majority stockholders are oppressively and illegally 
pursuing, in the name of the corporation, a course in violation of 
the rights of the shareholders which can only be restrained by a 
court of equity; and it must also appear — 

5. That petitioner has acted promptly; that he made an earnest 
effort to obtain redress at the hands of the directors and stock- 



§1861 SECOND TITLE.— CHAPTER 1, ARTICLE 4. 26 

Powers and liabilities of corporations. 

holders, or why it could not be done, or it was not reasonable to 
require it. 

6. The petitioner must show that he was a shareholder at the 
time of the transaction of which he complains, or that his shares 
have devolved on him since by operation of law. 

Only in strong case will equity interfere, at instance of minority corpora- 
tors, in management of corporation affairs: 41 Ga. 454. 

$2320. §1861. (1680). Responsibility for acts of officers . Every corporation 

acts through its officers, and is responsible for the acts of such 
officers in the sphere of their appropriate duties; and no corpora- 
tion shall be relieved of its liability to third persons for the acts of 
its officers by reason of any by-law or other limitation upon the 
power of the officer, not known to such third person. 

Persons as officers of, presumed rightfully there, and their acts binding on 
a corporation : 5 Ga. 239. Directors of a banking corporation, responsible as 
individuals for the torts of their agents : 18 Ga. 412. The unrepudiated act of 
a cashier of a bank is binding on the bank : 20 Ga. 275. Agents may bind cor- 
porations by contract made in other States : 45 Ga. 34. Southern Express 
Company bound by the act of their agent, within the sphere of his duty: 41 
Ga. 515. Section cited ; and a railroad company is liable to passengers for the 
torts of their conductors and other servants employed on the train : 58 Ga. 
216-219. Court of equity in this State cannot compel a domestic corporation 
to go in a foreign State and there specifically execute a contract: 58 Ga. 523. 
Damages by a non-resident merchant against a city for enforcing on him an 
illegal tax ordinance: 60 Ga. 164. Should keep the streets and sidewalks safe, 
otherwise municipality responsible in damages for failure to do so : 55 Ga. 17. 
Responsible for falling of brick wall of burnt house, causing injury: 39 Ga. 
725. Corporation, through its agents, may be guilty of a libelous publication : 
58 Ga. 65. Liability of a municipal corporation for a ditch or a sewer across its 
streets : 49 Ga. 316-321. Conductor of a railroad beating a passenger : 60 Ga. 
282. Stockholders not parties (unless authorized by statute) cannot plead 
and defend for the corporation, when it is sued : 58 Ga. 189. Bound by fraud- 
ulent act of their agents: 54 Ga. 635. Presumed that corporation officers had 
authority to affix the corporate seal: 58 Ga. 547. Athens had no power under 
its charter to establish a ferry, and was not liable to one injured by negligence 
of the ferryman : 53 Ga. 639. When the mayor and council of a city could bind 
it by a mortgage given : 59 Ga. 765. 

When bank liable for act of president and stockholder in depreciating stock 
held as collateral security by bank : 68 Ga. 637. 

Where general superintendent of railroad company licensed by parol the 
erection of mill-dam, etc., on company's lands, and company held bound: 69 
Ga. 115. 

Agent alter ego of corporation as to subordinates: 69 Ga. 137. Applied 
where child employed in factory injured by fault of manager in violation of 
rules : 69 Ga. 137. 

Bound by admissions of president or agent in connection with his business : 
70 Ga. 87. 

Liability for stock illegally issued by directors, discussed: 71 Ga. 726. 

Action of its officers being necessarily corporation's action, impracticable to 
separate the two and hold a bank to be victim of fraud of those controlling it : 
74 Ga. 251. 



27 SECOND TITLE.— CHAPTEE 1, ARTICLE 4. §§1862-1866 

Powers and liabilities of corporations. 

Not liable on note made by superintendent, without express authority of 
charter : 75 Ga. 238. 

Bound by president's admissions of correctness of account and promise to 
pay same : 75 Ga. 450. 

Railroad not bound by statement of alleged agent at public meeting : 81 
Ga. 176. 

Notice to proper officer of defective condition of track, is notice to road: 
77 Ga. 203. 

Corporation making contract not bound by instrument of officer executed 
to carry same into effect, where instrument departs from terms of contract: 
80 Ga. 258. 

Where city authorities made excavations immediately outside city limits, 
such excavating was ultra vires, and city was not liable for caving in of a city 
lot adjacent : 90 Ga. 20. 

Railroad could contract jointly with its projectors to keep up stock-gaps, 
etc. : 89 Ga. 708. 

§1862. No collateral attack as to corporate existence. The existence 32 Ga. 292. 

3 • . r 70Ga.86. 

of a corporation, claiming a charter under color of law, cannot be 
collaterally attacked. All who have dealt with a corporation as 
such are estopped from denying its corporate existence. 

One dealing with company as corporation, in seeking to enforce contract 
with it, cannot deny corporate existence: 69 Ga. 159. Although charter void, 
cannot sue members as partners : 69 Ga. 159. 

§1863. Lessee subject to burdens of lessor corporations. All corpora- ^ 1 S 46 ' lo- 
tions, foreign or domestic, operating the franchise of a corporation 
chartered by this State, are subject to its burdens, and can be sued 
when and where and for like causes for action for which suits could 
have been maintained against such other corporation, were it in pos- 
session of the franchise so acquired or usurped. 

§1864. Corporation liable notwithstanding sale or lease. A corpora- 90 Ga. 203. 
tion charged with a duty to the public, cannot, by sale or otherwise, 
dispose of its property or franchises so as to relieve itself from lia- 
bility for acts done or omitted, without legislative sanction expressly 
exempting it from liability. 

Lessor railroad liable for acts of lessee, although authorized by legislature 
to lease, but without express exemption from liability : 70 Ga. 464. 

§1865. Railroads using the same terminal tracks. Two or more 79 Ga. 489. 
chartered railway companies whose lines terminate in the same 
city, may, by contract, within the corporate limits use the same 
track in common, with or without common ownership, and when 
they do so the company owning the track is not responsible to its 
employees for injuries sustained solely by reason of the negligent 
use of the track by the employees of the other company. 

§1866. (1679 a.) Bonds of corporation to be certified and recorded. Acts me, 
All public and private corporations in this State, who shall issue or $$758, 377. 
indorse any bonds for circulation, shall furnish to the secretary of " l 
State a certified statement showing the letter, date of issue, number 



§§1867-1873 SECOND TITLE.— CHAPTER 1, ARTICLE 4. 



28 



Powers and liabilities of corporations. 



of bonds, amount of issue, rate of interest, when and where payable, 
and the date of the law, if any, authorizing such issue. The secre- 
tary of State shall record the same in a book to be kept by him for 
that purpose. 
See 79 Ga. 58. 

§1867. (1679 c.) Corporations fined for default. Public or pri- 
vate corporations neglecting or refusing to comply with the provi- 
sions of the preceding section shall be fined in a sum not exceeding 
five hundred dollars for each offense, one half of said fine to go to the 
party giving information of such violation, and the other half to go 
to the public-school fund of the county. 

§1868. (1679 d.) Circulation of unrecorded bonds forbidden. No 
bonds shall be placed in circulation until the provisions with regard 
to such bonds shall have been complied with, and any person placing 
such bonds in circulation without such compliance, shall be subject 
to a fine of five hundred dollars for every bond so put in circulation. 

§1869. (1679 e.) Compensation of secretary of State. The secre- 
tary of State shall receive as compensation for the record and for giv- 
ing transcript of the same, twenty cents per hundred words; the fee 
for recording to be paid by the corporation issuing the bonds, and 
the fee for transcripts to be paid by the party applying for the same. 

§1870. Electricity, rent or sale of power. Any person or corpora- 
tion creating electricity in this State may make contracts and lease 
power, or any part thereof, to any person or corporation. 

§1871. To redeem certificates for wages. Any corporation or person 
doing business of any kind in this State, who shall issue checks or 
written evidences of indebtedness for the wages of laborers, shall 
redeem at full value, in cash, such written evidences of indebted- 
ness, on demand and presentation to the proper person on the reg- 
ular monthly pay-day, and if there be no regular monthly pay-day, 
then upon demand and presentation on any regular business 
day, after thirty days from the issuance thereof; and for every fail- 
ure to redeem such evidences of indebtedness, said corporation or per- 
son shall be liable to the owner thereof in the sum of ten dollars, 
to be recovered by suit, unless said corporation or person shall, upon 
the trial, prove insolvency or actual inability to redeem at the time 
of demand and presentation. 

§1872. Use or borrowing for personal use prohibited. No officer or 
agent of any bank or other corporation shall use or borrow for him- 
self, directly or indirectly, any money or other property belonging 
to any corporation of which he is an officer or agent, without the 
permission of a majority of the board of directors, or of a committee 
of the board authorized to act. 
ActjU89o-i, §1873. P>1 '< i cklisting prohibited. If any corporation doing business 
in this State, or any agent or employee of such corporation, after 
having discharged any employee from the service of such company, 



Acts 1894, 
p. 114. 
$2181. 



Acts 1888, 
p. 48. 



Acts 1887, 
p. 94. 



29 SECOND TITLE.— CHAPTER 1, ARTICLE 4. §§ 1874-1876 

Powers and liabilities of corporations. 

shall prevent or attempt to prevent by word, writing, sign or other 
means, directly or indirectly, such discharged employee from ob- 
taining employment with any other person or corporation, such 
person, agent, employee or corporation shall be liable in penal 
damages to such discharged person; but this section shall not be 
construed to prohibit any person or corporation from giving in 
writing any other person or corporation, to whom such discharged 
person has applied for employment, a truthful statement of the 
reasons for such discharge, and shall furnish to such discharged 
employee on his application, to such address as may be given by 
such discharged employee, within ten days of such application, a 
true copy of such written statement. 

§1874. Liability. If any corporation doing business in this State 
shall authorize or permit, with its knowledge and consent, any of 
its or their, officers, agents or employees to commit any of the acts 
prohibited in the preceding section (except as provided), such cor- 
poration shall be liable in treble damages to such employee so pre- 
vented from obtaining employment, to be recovered in a civil action. 

§1875. Furnish cause of discharge. Any person, officer, agent, 
employer, or company or corporation aforesaid, after having dis- 
charged any employee from the service of any such corporation, 
upon written demand by such employee, shall furnish to him, within 
ten days from the application for the same, a full statement in 
writing of the cause of his discharge; and if any such person, officer, 
agent, employer or corporation shall refuse within ten days after 
demand to furnish such statement to such discharged employee, it 
shall be ever after unlawful for any such person or corporation to 
furnish any statement of the cause of such discharge to any person 
or corporation, or in any way to blacklist, or to prevent such dis- 
charged person from procuring employment elsewhere, subject to 
the penalties prescribed. 

§1876. Rules as to trials for violations. On the trial of any person 
for offending against the provisions of this Article, any other person 
who may have authorized or permitted, with knowledge and con- 
sent, any such offense, or who may have participated in the same, 
shall be a competent witness, and be compelled to give evidence, 
and nothing then said by such witness shall at any time be received 
or given in evidence against him in any prosecution against the 
said witness, except on an indictment for perjury in any matter to 
which he may have testified. On the trial of any person for any 
violation of this Article, the prosecution shall have the authority 
and process of the court trying the case to compel the production in 
court, to be used in evidence in the case, of the. books and papers of 
any such person, company or corporation, and a failure to produce 
the same, after such reasonable notice as the court may in each 



1877-1879 SECOND TITLE.— CHAPTER 1, ARTICLE 5. 30 

Their dissolution. 

case provide, shall be a contempt of court,- and punishable as such 
as against the custodian or person, company or corporation having 
the control or in charge of such books and papers, who shall fail 
to produce the same: Provided, that said written cause of discharge, 
when so made as aforesaid, at the request of such discharged em- 
ployee, shall never be used as the cause for an action for slander or 
for libel, either civil or criminal, against the person or authority 
furnishing the same. 

§1877. Duty of person receiving request. Any person, company or 
corporation, who has received any request or notice in writing, sign, 
word or otherwise, from any other person, company or corporation, 
preventing or attempting to prevent the employment of any person 
discharged from the service of either of the latter, on demand of 
such discharged employee, shall furnish to such employee, within 
ten days after such demand, a true statement of the nature of such 
request or notice, and if in writing, a copy of the same, and if a 
sign, the interpretation thereof, with the name of the person, com- 
pany or corporation furnishing the same; with the place of business 
of «the person or authority furnishing the same, and a violation of 
this section shall subject the offender to all the penalties, civil and 
criminal, provided by the foregoing sections. 

§1878. Applicable to combined corporations. The provisions of this 
Article shall apply to and prevent, under all the penalties aforesaid, 
railroad companies or corporations, under the same general man- 
agement and control but having separate divisions, superintendents 
or master mechanics, master machinists or similar officers for sepa- 
rate or different lines, their officers, agents and employers, from 
preventing or attempting to prevent the employment of any such 
discharged person by any other separate division, or officer, or agent 
or employer of any such separate railroad line or lines. 

General Note on Sections 1873-1878. — A statute which undertakes to compel 
railroads and other corporations to give discharged employee reasons for dis- 
charge is "utterly void and of no effect " : 94 Ga. 732. 



ARTICLE 5. 

■*"%1*_ *l A^V- <rv^ a ^ ' THEIR DISSOLUTION. 

\r T/- ( '• 

§1879. (1681.) Public corporations. Public corporations being es- 
tablished for public purposes, are always subject to dissolution by 
the act of the General Assembly. 

May be dissolved, modified, enlarged or restrained, at the will of the legis- 
lature: 6 Ga. 130. A corporation ceasing to do business, cannot, by bill in 
equity, divest itself of its franchise and real estate, non-resident stockholders 
not being parties thereto : 61 Ga. 467. 



31 SECOND TITLE.— CHAPTER 1, ARTICLE 5. §§1880-1883 

Their dissolution. 

Municipality is creature of legislature, which may dissolve, modify, or limit 
its powers at will : 68 Ga. 686. 

§1880. (1682.) Private charters. In all cases of private charters $5799. 
hereafter granted, the State reserves the right to withdraw the fran- 
chise, unless such right is expressly negatived in the charter. 

Section cited, and on the consolidation of railroads when they are subject 
to terms of this section and to taxation : 60 Ga. 270. A corporation subject to 
this section : 49 Ga. 152-158. Railroad corporation within its terms : 54 Ga. 
402-421. When Western and Atlantic Eailroad not within the terms of this sec- 
tion, as to taxation : 54 Ga. 431. 

Charter of brewing company subject to modification by local option legisla- 
tion: 78 Ga. 679. 

Franchises granted railroad by special act, modified by subsequent amend- 
ment, before road constructed : 85 Ga. 1. Parties contracting with corporation, 
take notice of right of legislature to modify franchises: 85 Ga. 1. 

§1881. (1683.) Heretofore granted . Private corporations heretofore 
created, without the reservation of the right of dissolution, and 
where individual rights have become vested, are not subject to dis- 
solution at the will of the State. 

Section cited in the case of Central Eailroad and Banking Company, a tax 
case: 54 Ga. 404-411. No legislative act accepted by the Georgia Railroad and 
Banking Company, since the adoption of the Code, has placed it within the 
terms of this section : 54 Ga. 423. A railroad company not within the terms 
of this section, because consolidation brought them within section 1880: 
60 Ga. 269. 

Where turnpike company's charter, granted in 1840, provided a certain 
penalty for neglect, act passed in 1878 prescribing different penalty, was un- 
constitutional : 73 Ga. 552. 

The right of legislature to modify charter, not affected by fact that 
executory contracts of construction had been made : 85 Ga. 1. 

§1882. (1684.) How dissolved. Every corporation is dissolved — 

1. By expiration of its charter. 

2. By forfeiture of its charter. 

3. By a surrender of its franchises. 

4. By the death of all its members without provisions for a suc- 
cession. 

Corporation made by legislature could not (before Code) terminate its exist- 
ence by voluntary surrender of charter, without acceptance by legislature: 
37 Ga. 401. 

A corporation ceasing business, yet in a suit by a stockholder he must make 
the corporation a party defendant for a settlement: 53 Ga. 629. Where build- 
ing association sold its claims for unpaid loans paid off stockholders and quit 
business, it was dissolved, and could not sue at law: 87 Ga. 370. 

§1883. (1685.) How forfeited. A corporation may forfeit its $$1969,1962, 

x , ' 1965, 1970. 

charter — 

1. By a willful violation of any of the essential conditions on 
which it is granted. 



§§ 1884-1886 SECOND TITLE.— CHAPTER 1, ARTICLE 5. 32 

Their dissolution. 

2. By a misuser or non-user of its franchises. This dissolution 
dates from the judgment of a court of competent jurisdiction, de- 
claring the forfeiture. 

Breach of trust, misuser or non-user cannot be made available in any col- 
lateral action. Forfeiture must be by the judgment of a court: 6 Ga. 130; 
14/327 ; 32/292. Franchise of a ferry lost by non-user, and the forfeiture dates 
from the judgment of a court of competent jurisdiction so declaring: 47 Ga. 
282. Bankruptcy does not forfeit the corporate existence or vacate the offices 
of the directors : 60 Ga. 180. 

Georgia court cannot dissolve New York corporation, although its property 
and business be in Georgia: 69 Ga. 665. 

Forfeiture cannot be set up collaterally, but dates only from judgment in a 
direct proceeding : 71 Ga. 120. 

Citizens of a town, recognized in railroad charter as interested in some of 
its provisions, can complain of violation, and State not necessary party : 85 Ga.l. 

§1884. (1686.) Surrender. A corporation may be dissolved by a 
voluntary surrender of its franchises to the State. In such case such 
surrender does not relieve its officers or members from any liability 
for the debts of the corporation. 

70 Ga. 611. 

Corporation created by the General Assembly before the Code, cannot ter- 
minate its existence by voluntary surrender of its charter ; the surrender 
should be accepted by the legislature : 37 Ga. 401. Section discussed : 37 Ga. 
410-422. The surrender of the charter of the corporation accepted, passed 
the legal title to the unpaid stock subscription to the assignee : 61 Ga. 615. 
Section cited : 54 Ga. 421. A new corporation coming into existence by the 
consolidation of railroad corporations: 60 Ga. 269. _ 

$3165. §1885. (1687.) Death of members. The death of all the members 

of a corporation, or of so many of them as to render it impossible 
under the charter to provide a succession, is a dissolution thereof. 
Acts 1855-6, §1886. (1688.) Disposition of assets. Upon the dissolution of a cor- 
$1975. ' poration, for any cause, all of the property and assets of every de- 
scription belonging to the corporation shall constitute a fund — first, 
for the payment of its debts, and then for equal distribution among 
its members. To this end the superior court of the county where 
such corporation was located shall have power to appoint a receiver, 
under proper restrictions, properly to administer such assets under 
its direction. 

Distribution of the assets of a bank by an assignee : 5 Ga. 239. Assets of a 
bank are trust fund for the payment of its debts : 18 Ga. 65. Corporation can 
make an assignment, and subsequent judgments have no priority: 37 Ga. 611. 
Assignment and distribution of the assets of a bank : 40 Ga. 391. When it was in 
the power of a chancellor to appoint a receiver in the matter of a building and 
loan company : 48 Ga. 445-452. Subscription to stock in a corporation may be 
called in to satisfy creditors: 8 Ga. 486. Assets of a bank, a trust fund: 8 Ga. 
527-8. Appointment of a receiver by the legislature to settle the affairs of 
an insolvent bank : 9 Ga. 253. Suit by the receiver of a bank whose charter 
- was forfeited, to set aside an assignment as fraudulent: 10 Ga. 9. Legislature 



83 SECOND TITLE.— CHAPTER 1, ARTICLE 6. §§ 1887, 1888 

Liability of stockholders. 

cannot make any one a receiver of a broken bank without his consent : 21 Ga. 
257. Receiver of a bank occupies the same position as the bank itself : 24 Ga. 
249-252. As to the distribution of the bank's assets as trust fund: 24 Ga. 273. 
No receiver will be appointed where no danger is shown to the assets of a bank 
in the hands of the assignee : 59 Ga. 271. Debt in this section includes torts : 
62 Ga. 695. Where, in a contest between creditors, the holders of mortgage 
bonds could claim as bona fide creditors : 54 Ga. 140. Section cited ; receiver 
by a court of equity and distribution of assets between creditors and stock- 
holders : 60 Ga. 542. How to get at assets in the hands of a corporation's agent, 
after it ceases to do business: 53 Ga. 628. Equity resorted to, to collect in 
subscription to stock, after dissolution of corporation : 56 Ga. 195. 

Cited : 91 Ga. 238. 

Heirs of a member of a fire company having no stock, cannot take part in 
division of its property on dissolution : 70 Ga. 604. 

Directors and stockholders, controlling affairs of corporation, are trustees 
for the stockholders : 75 Ga. 40. 

Building and loan association having assigned, and its charter then ex- 
piring, borrower cannot defend suit by assignee because charter expired : 

75 Ga. 793. 

Stockholder bound for unpaid subscription to stock of insolvent corporation : 

76 Ga. 360. 

"Where, pending action by corporation, charter expired and receiver ap- 
pointed, latter may be made party and suit proceed in his name: 85 Ga. 130. 

Rule as to distributing insolvent's assets among creditors, some holding 
invalid mortgages, some judgments, and some bonds as collateral: 91 Ga. 625. 

§1887. (1689.) Collateral liability. The dissolution of a corpora- Acts 1858, 
tion, from any cause, shall not, in any manner, affect any collateral 
or ultimate or other liability, legally incurred by any of its officers 
or members. 

When the assignee or receiver could not, but the bill-holders could, make 
the stockholders responsible outside of the assets of the bank : 8 Ga. 469. The 
right to the unpaid stock to extinguish the unpaid debts, is as clear after as 
before dissolution: 8 Ga. 487. Assets of insolvent corporations collected in 
equity by creditors : 8 Ga. 506. Where the judicial forfeiture of a bank char- 
ter did not relieve the stockholders from the liability for the redemption of the 
bills : 11 Ga. 459. But see : 21 Ga. 513. Action against directors for an over- 
issue does not abate by the expiration of the charter : 16 Ga. 290. Common 
law rule as to extinguishment of debts on dissolution of the corporation, 
changed by the legislature : 19 Ga. 338. Debts of the bank or liability of the 
directors not extinguished by the expiring of the charter: 30 Ga. 581. New 
company being liable for the debts of the old company : 40 Ga. 706-709. 



ARTICLE 6. 

LIABILITY OF STOCKHOLDERS. 

§4888. ( 1496. ) Liability of stockholder after transfer of stock. When- guai 
ever a stockholder in any corporation is individually liable under p. 76, 
the charter, and shall transfer his stock, he shall be exempt from 
3 



§§ 1889-1891 SECOND TITLE.— CHAPTER 1, ARTICLE 6. 34 



Liability of stockholders. 



such liability by such transfer, unless such . corporation shall fail 
within six months from the date of such transfer. 
Acts^.894, §1889. Liability when corporation fails. The stockholder in whose 
1892, p. 55. name the capital stock stands upon the books of such corporation at 
the date of its failure, shall be primarily liable to respond upon such 
individual liability; but upon proof made that any shareholders at 
the date of the failure are insolvent, recourse may be had against the 
person from whom such insolvent shareholder received his stock, if 
within a period of six months prior to the date of the failure of such 
corporation. 

§1890. Liability of stockholder an asset. Such individual liability 
shall be an asset of such corporation, to be enforced by the assignee, 
receiver, or other officer having the legal right to collect, marshal, 
and distribute the assets of such failed corporation. 
$1895. §1891. List of stockholders to be exhibited. All corporations, whose 

shareholders are individually liable under their charter, shall keep 
on hand at all times a true and correct list of the shareholders, and 
it shall be the right of any creditor to inspect the same at any time 
during the business hours of any working day. The president and 
other officers shall produce such lists whenever required by any 
creditor of said corporation. 

Qeneral Note on Liability op Stockholders . — (See also catchwords ' ' Stock- 
holders" and "Subscribers" in general note on Corporations folldwing section 
1902.) Transfer under charters making transfers void if made in six months 
previous to the failure, and rendering stockholders liable notwithstanding such 
transfer : 1 Ga. 27. Notice need not specify the name of the purchaser : 8 Ga. 
468, 469. As to the charter of the Planters Bank of Columbus, with a provi- 
sion exempting stockholders selling their stock and giving notice : 11 Ga. 
459, 460. As to this same bank charter — where failure to give notice of transfer 
of stock — whether one stockholder can proceed against another for contribu- 
tion : 18 Ga. 411-420. As to the transfer of stock, here the liability of the 
stockholders expired with the bank's charter : 26 Ga. 17. A stockholder ceases 
to be such inside of the charter from the date of such transfer of stock : 18 
Ga. 411-419. Fraudulent transfer to transferee without consideration and 
without his knowledge or consent, does not render him liable as a stockholder : 
19 Ga. 338. Transfer of stock from A. to B., when ratified by the bank's officers, 
and an oral promise by B. to pay the amount of A.'s subscription : 24 Ga. 540. 
Transfer-book is prima facie evidence of a party being the owner of shares of 
stock : 11 Ga. 461. "Where one could be only held as stockholder by transfer 
by reason of ratification : 9 Ga. 338, 344. Transfer of stock by stockholder on 
transfer-book of the bank is evidence he once owned the stock : 20 Ga. 275. 
In reference to the Act of 1838, and construing this section in reference to a 
corporation: 22 Ga. 86. As to this same corporation under this section, the 
personal liability clause continues even when the stock has been transferred, 
unless there is a compliance with this section: 30 Ga. 99. 

Owner, bona fide, transferring charter by assigning stock, not liahle to sub- 
sequent creditors : 77 Ga. 627. ** 
' Liability for debt of corporation contracted prior to giving notice of sale, 
regardless of charter restrictions on personal liability: 95 Ga. 505. 



SECOND TITLE.— CHAPTER 1, ARTICLE 7. §§ 1892, 1893 

Suits against corporations or stockholders. 



ARTICLE 7. 

8UIT8 AGAINST CORPORATIONS OR STOCKHOLDERS. 

§1892. (3367.) Members of joint-stock companies, corporations, etc., ^f^ 855 " 15 ' 
how sued. In all suits against the members of a private association, $ 1899 - 
joint-stock company, or the members of existing or dissolved cor- 
porations, to recover a debt due by the association, company, or 
corporation, of which they are or have been members, or for the 
appropriation of money or funds in their hands to the payment of 
such debt, the plaintiff or complainant in such suit may institute 
the same, and proceed to judgment therein against all or any one 
or more of the members of such association, company, or cor- 
poration, or any other person liable, and recover of the member 
or members sued the amount of unpaid stock in his hands, or other 
indebtedness of each member or members: Provided, the same does 
not exceed the amount of the plaintiff's debt against such associa- 
tion, company, or corporation; and if it exceed such debt, then so 
much only as will be sufficient to satisfy such debt. 

Citizens in Georgia can sue a railroad where cause of action arose in an- 
other State : 39 Ga. 555. Section referred to and construed : 56 Ga. 195, 196. To 
suit by creditor against stockholder, defendant cannot buy up claims at dis- 
count and set them off against the suit: 60 Ga. 174. Proceedings under this 
section cumulative, not restrictive : 66 Ga. 466. 

Depositors had choice of legal or equitable remedies, here, against bank 
and stockholders : 65 Ga. 734. 

Decree against corporation, appointing receiver to collect assessments of 
stock subscriptions, binding on non-resident subscriber: 85 Ga. 238. Fraud 
between corporation and subscriber, not defeat action, for benefit of creditors, 
to collect unpaid subscription : 85 Ga. 238. 

A settlement with and release of one subscriber to corporation, as to un- 
paid subscription, not release another, unless increased liability: 85 Ga. 238. 

Court of equity will compel payment of unpaid stock subscriptions for ben- 
efit of creditors of insolvent corporation, how and when : 93 Ga. 621. Cor- 
poration necessary party: 93 Ga. 621. 

Corporation insolvent, etc., several creditors may join and sue stockholders 
for themselves and others, omitting deceased stockholders, etc. : 95 Ga. 505. 

§1893. (3371.) Notice to stockholders, and effect of. Plaintiffs, with- Act i84i, 
in one month after the institution of any suit against any corpo- 
ration, joint-stock or manufacturing company, may publish once a 
week for four successive weeks, in some public gazette of this State, 
notice of the commencement of said suit or suits, and said publica- 
tion shall operate as notice to each stockholder in said corporation, 
joint-stock or manufacturing company, for the purposes hereinafter 
mentioned. 

Section referred to and construed : 52 Ga. 310 ; 59/278. preventing bar of 
statute of limitations of 1869 where suit against bank, and notice by publica- 
tion to stockholders, etc. : 56 Ga. 179. 



§§ 1894-1896 SECOND TITLE.— CHAPTER 1, ARTICLE 7. 36 

Suits against corporations or stockholders. 

Act 1841, S1894. (3372.) Judqment or decree. When notice has been given 

Cobb, 541. s . v . ' y . ° 

Acts 1855-6, as j>ro video, in the preceding sections, and a judgment or decree has 
been obtained against any corporation, joint-stock or manufacturing 
company, where the individual or private property of the stock- 
holders is bound for the whole or any part of the debts of said in- 
corporation, joint-stock or manufacturing company, execution shall 
first be issued against the goods and chattels, lands and tenements 
of said corporation, joint-stock or manufacturing company; and 
upon the return thereof by the proper officer, with the entry thereon 
of "no property to be found," then, and in that case, the clerk, or 
other officer, upon an application of the plaintiff, his agent or 
attorney, accompanied with a certificate as hereinafter directed to 
be obtained, forthwith shall issue an execution against each of the 
stockholders (if required) for their ratable part of said debt and 
cost of suit, in proportion to their respective shares, or other liabil- 
ities under their charter of incorporation. 

These provisions applicable as against stockholders of corporations by law 
personally liable for debts of corporation : 52 Ga. 310. Where the stock- 
holders joined in action against the corporation by creditors : 50 Ga. 637. A 
bona fide debt of stockholder against the company may be set off in equity 
against a suit to make him individually liable : 56 Ga. 563. 

Act i84i, §1895. (3373.) Presiding officer hound to give the names, etc. It 
$1890. ' shall be the duty of the president or presiding officer of such incor- 
poration, joint-stock or manufacturing company, by whatever name 
he may be designated, upon application of the plaintiff, his agent 
or attorney, forthwith to give a certificate, under oath, of the stock- 
holders in said company, and the number of shares owned by each 
at the time of the rendition of judgment against said company; 
and if, upon application by the plaintiff, his agent, or attorney, the 
president, or officer aforesaid, shall refuse to give a certificate as 
aforesaid, or shall abscond or conceal himself to avoid giving the 
same, the plaintiff, his agent or attorney may make oath of such 
refusal, and the clerk, or other officer, shall issue an execution 
against such president or presiding officer, as aforesaid, for the 
amount of principal, interest, and cost of said suit. 

As to the duty of the president of a corporation under this section : 
56 Ga. 182. 

AcU84i,^ §1896. (3374.) Who may defend suit. If the president, or other 
officer of said corporation, joint-stock or manufacturing company 
shall fail or refuse to defend said suit or suits brought as aforesaid, 
any one of the stockholders of the said company shall be permitted 
to plead to and defend the same in as full and ample manner as said 
company, in its corporate capacity, could or might do. 

As to power of stockholders to proceed and defend for corporation a case 
that did not come within terms of this section : 58 Ga. 189, 190. Where stock- 



Cobb, 541. 



37 SECOND TITLE.— CHAPTER 1, ARTICLE 8. §§ 1897-1899 



Corporations, how served. 



holder could not maintain a bill for protection of corporate property without 
alleging refusal of corporation to act in corporate name : 58 Ga. 317. 

§1897. (3375.) Illegality of execution. In a judgment against a ^b^ki. 
corporation, joint-stock or manufacturing company, under the pro- 
visions of this Code, the defendant or defendants in execution shall 
be entitled to an illegality under the same rules, regulations and 
restrictions as defendants are in other cases. 

Stated : 22 Ga. 86. Section referred to : 56 Ga. 181. 

§1898. (3376.) Cumulative only. The preceding sections in rela- ^^W 
tion to proceedings against corporations, joint-stock and manufac- 
turing companies shall be understood and construed as cumulative 
of the common law. 

Stockholders joined as defendants in suit against corporation by creditor : 
50 Ga. 637-640. As to limitations of Act of 1869 not affecting call for stock 
subscription : 58 Ga. 541. As to set-off by stockholder of judgment debt 
against the company in suit on his individual liability : 56 Ga. 563. 

Judgment on suit against certain persons for material, and to foreclose lien 
on property owned by them as joint-stock company, held good: 66 Ga. 466. 



ARTICLE 8. 

CORPORATIONS, HOW SERVED. 

§1899. (3369.) Service of process, how perfected. Service of all sub- ^^45, 
poenas, writs, attachments, and other process necessary to the com- §|*|2» ijjj®, 
mencement of any suit against any corporation in any court, except lass' 2005' 
as hereinafter provided, may be perfected by serving any officer or 2348 - 
agent of such corporation, or by leaving the same at the place of 
transacting the usual and ordinary public business of such corpora- 
tion, if any such place of business then shall be within the jurisdic- 
tion of the court in which said suit may be commenced. The officer 
shall specify the mode of service in his return. 

When judgment against corporation, without service of process or notice to 
stockholders, levied and collected out of their private property : 30 Ga. 99. A 
valid service of a writ on the president of a corporation : 55 Ga. 36 ; 30/685. 
Where appearance by bank was waiver of any irregularity in service of writ : 
27 Ga. 252. Suing foreign corporation by service on any of its officers or 
agents : 41 Ga. 660. Where the service of summons of garnishment on domes- 
tic corporation should have been on its president : 45 Ga. 486 ; 60/552. Section 
referred to ; where a foreign corporation could be sued through its agent here : 
47 Ga. 326 ; 51/458 ; 55/196. No proper suit against a railroad company for 
killing oxen, by merely serving written notice and filing the same : 51 Ga. 244. 
Service on agent of a receiver would not be service on the corporation : 59 Ga. 
446. Where service of garnishment on agent of a railroad did not bind it as 
to property not then in the State : 60 Ga. 300. 



1900-1902 SECOND TITLE.— CHAPTER 1, ARTICLE 8. 

Corporations, how served. 



Suit against corporation and natural person, return of service that each of 
defendants served personally, etc., not good: 66 Ga. 150. 

Service here on depot agent, good service on domestic company, railroad 
being operated by receivers of foreign company : 68 Ga. 219. 

Corporation not doing business, and having no place of business, here, not 
liable to suit or garnishment: 71 Ga. 246. 

Where general manager who was individually a party to suit against defend- 
ant corporation had residence in Georgia sufficient to be served here, though 
absent at time: 74 Ga. 436. 

In suit against railroad for injury occurring on line of leased road, service 
on agent of lessee road at station where accident occurred, sufficient: 74 Ga. 
441. Citing 68 Ga. 219 ; 69/268. 

Service on one as defendant's agent, at depot, and service of second original 
on president, sufficient here: 75 Ga. 398. 

Court having jurisdiction could assert it by proper service, though no 
statutory provision therefor : 75 Ga. 404. 

Test of jurisdiction in personam is whether corporation so far present that 
service can be effected : 90 Ga. 521. 

Act fo 188 *" 5 ' §1900- Where suits may be brought on contracts. Any corporation, 
mining or joint-stock company, chartered by authority of this 
State, may be sued on contracts in that county in which the contract 
sought to be enforced was made, or is to be performed, if it has an 
office and transacts business there. Suits for damages, because of 
torts, wrong or injury done, may be brought in the county where 
the- cause of action originated. Service of such suits may be effected 
by leaving a copy of the writ with the agent of the defendant, or if 
there be no agent in the county, then at the agency or place of 
business. 

$47io. §1901. Garnishment proceedings. Where such corporation has an 

agent and place of business in any county or district in which there 
maybe a suit, attachment or judgment upon which garnishment is 
sought against such corporation, the court wherein is pending said 
proceedings upon which the garnishment is based shall have juris- 
diction also of the garnishment proceeding, and service of summons 
of garnishment upon the agent in charge of the office or business of 
the corporation or company in the county or district at the time of 
service shall be sufficient service. 

Officer's return must show agent was in charge : 90 Ga. 42. 

A °* A 8 % 5 §1902. (3370.) When and how service may be perfected by publication. 

Act 224 855 6 ' ^ u a ^ cases where any corporation shall have no public place for doing 

$4975. business, or shall have no individual in office upon whom service of 
writs or process may be perfected, within the knowledge of any 
party, the plaintiff may make an affidavit that the said corporation 
lias no public place of doing business, or has no individual in office 
upon whom service of writs or process may be perfected, within the 
knowledge of said complainant, and such affidavit being filed in the 
clerk's office of the court to which the said writ may be made 
returnable, the clerk of the said court shall issue a citation to the 



39 SECOND TITLE.— CHAPTER 1, ARTICLE 8. §1902 

Corporations, how served. 

said defendants to be and appear at the said court, to answer the 
complaint; which citation shall be published once a week for three 
weeks prior to the court to which the said complaint may be return- 
able, in some newspaper published in the county in which suit is 
brought; if no paper is published therein, then in the one nearest 
thereto; and such advertisement shall be deemed and held a service 
upon such corporation for all purposes, and any copy of the news- 
paper containing said publication shall be received in any of the 
courts as sufficient evidence of such service. 

Where it was too late to perfect service by publication under this section: 
50 Ga. 413-415. Section referred to and construed : 52 Ga. 312 ; 53/620 ; 59/447. 

Provides for service of suits in courts having a clerk ; special act allowing 
service, in justice court case, by posting notice, is constitutional: 70 Ga. 586. 

Jurisdiction of foreign corporation for purpose of collecting unpaid stock 
subscriptions for creditors, not obtained by publication : 93 Ga. 621. 

General Note on Chapter 1. — (For notes on Banks, Insurance Companies, 
Telegraph Companies, etc., see also notes to Articles of Chapter 2, hereafter, 
under the appropriate heads.) 

Notes embraced in Code of 1882 : 

Academy incorporated is a private corporation, notwithstanding it may 
derive support in part from the government : 3 Ga. 328. 

Acquiescence, member of a chartered company may by a presumed assent 
be estopped from denying ratification of acts of the company : 48 Ga. 109-114 ; 
54/387. What is acquiescence as to directors : 57 Ga. 314. 

Agent, where unauthorized, makes a contract for a corporation receiving 
the benefit of the property and using it as thus acquired ; this is a ratification, 
and binds corporation : 1 Ga. 418. In execution of instrument not under seal 
by agent, the general rule is that it must appear on its face to be the contract 
of the principal, and name of principal disclosed, and be within agent's 
authority : 1 Ga. 418. Note of, binds corporation where acts in scope of his 
powers, and it is ratified : 6 Ga. 166. Action against special agent who collects 
money for the principal: 7 Ga. 191 ; 21/289-296. Corporations responsible for 
frauds and torts of, same as individuals : 18 Ga. 412. Eesponsibility of rail- 
road company for torts of their conductor : 58 Ga. 216. 

Assignees are not bound by fraud of predecessors, if they become such 
without participation in: 24 Ga. 273. Suit by, would have been barred after 
six years : 61 Ga. 615. 

Assignment, defense against: 7 Ga. 91. By bank: 56 Ga. 252. By an in- 
solvent bank at the time, to a creditor to defraud other creditors, is void : 8 
Ga. 506. To pay existing debts is valid, although assets assigned were more 
than sufficient to pay the debts : 10 Ga. 10. Not void because corporation was 
insolvent at the time of making it: 11 Ga. 461. Of all their property for all 
the creditors of the corporation, is valid: 30 Ga. 580. Where the rule in 
section 1973 controlling when a bank has become insolvent and a receiver is 
appointed, does not apply to an assignment by a bank of its assets according 
to the requirements of law : 37 Ga. 614. 

Appearance, to take advantage of a privilege secured by the charter, is a 
waiver of any irregularity in service of the writ : 27 Ga. 252. Act of 1843-5, 
through which corporations were created by the inferior court, was held con- 
stitutional : 14 Ga. 80. 

Bank, the holder of a promissory note, is embraced within the provisions of 
the Act of 1831, authorizing security or indorser of a note to notify the holder 



1902 SECOND TITLE.— CHAPTER 1, ARTICLE 8. 40 

Corporations, how served. 

to sue the principal maker in three months : 6 Ga. 44, Transfer of stock after 
failure by, does not render the transfer void : 26 Ga. 17. Where interest only 
accrues against a stockholder after demand: 10 Ga. 162. Stockholders of 
bank paying claims of depositors, subrogated to their rights here: 65 Ga. 734. 

Bankruptcy of a corporation does not produce a termination of the corpo- 
rate existence or vacate the office of the directors : 60 Ga. 180. 

Bonds, indorsement by president of, passed title to the holder: 50 Ga. 490. 

Books of corporation admissible in evidence: 57 Ga. 314; 32/273; 7/191; 
18/318. 

Building and loan associations, rule for settlement among the stockholders: 
48 Ga. 445. Charter of, and usury, discussed : 46 Ga. 166. Charter construed: 
52 Ga. 427. Mortgage: 24 Ga. 198. Interest properly allowed: 56 Ga. 350; 
21/592. Bill for injunction by minority against a majority of the stockholders, 
refused : 54 Ga. 98-102. 

Cashier, notice to, is notice to the bank: 6 Ga. 44; 17/100. May do, inde- 
pendently of a board of directors, whatever properly appertains to his office: 
10 Ga. 10. Indorsement by, is prima facie that of the bank: 16 Ga. 458. 

Charter, acceptance of a new act does not destroy the old organization : 25 
Ga. 316. Where the act is silent as to the number of trustees of ?n incorpo- 
rated academy, and a certain number are elected and recognized by subsequent 
act of legislature :" 22 Ga. 507. Act to extend by usage includes terms or con- 
dition on which extension is granted : 18 Ga. 65. Is a contract, and each 
stockholder becomes a party to it and bound by it : 19 Ga. 325 ; 54/433. Con- 
struction of plank road charter where it was authorized to locate on any part 
of the highway, yet this did not authorize them to take the whole of it : 9 Ga. 
475. Corporation of same name as partnership doing business by same agent 
before and after chartered is not same person, and not liable for the partner- 
ship debts: 43 Ga. 187. Continues thirty years, when granted by General 
Assembly, when silent as to duration : 49 Ga. 151. 

Consolidation, where suit was pending against a corporation, subsequently 
consolidated with others under new name and charter, a judgment ren- 
dered against the new company without making it a party is void : 40 Ga. 706. 
Consolidation may take place in three different ways specified in this case : 
60 Ga. 274. Discussed : 54 Ga. 401. 

Contracts made in another State by the agents and officers of a corporation 
bind it, although generally acts out of the State incorporating, are void : 45 
Ga. 34 ; 18/328. Has power to contract and bind itself, although no express 
provision to contract in the charter: 45 Ga. 34; 18/328. Promissory note 
taken by, is prima facie within power granted to contract: 17 Ga. 575. 

Conveyance, if agent of a corporation have authority to convey a mortgage, 
affixing thereto anything the law recognizes as a seal when affixed by a 
natural person, it will be a good execution by corporation : 25 Ga. 316; 6/171 ; 
58/547. 

Custom, bank cannot prove the custom of another bank in regard to safes, 
to protect itself: 16 Ga. 38-43. Evidence that a cashier frequently issued 
certificates of deposit, is admissible to show he had authority to do so: 
20 Ga. 276. 

Damages, under Act of 1856 the Act of 1850 was altered, and changing the 
bringing of a suit for killing a person to the county of the principal office of 
the company, but this was not retroactive: 24 Ga. 356-365. Responsible in 
damages for the torts of their agents or servants : 356 Ga. 274 ; 58/65 ; 60/492-313. 

Debts, at common law, debts due to and from a corporation, extinguished 
by dissolution : 11 Ga. 459. Yet it is competent for the legislature to interfere 
and prevent such a result: 19 Ga. 338. 



41 SECOND TITLE.— CHAPTER 1, ARTICLE 8. §1902 

Corporations, how served. 

Defense, stockholders ultimately liable for debts of a corporation, cannot 
plead in defense that which the corporation was estopped from doing : 18 Ga. 
444. Fraudulent organization cannot be set up as a defense : 25 Ga. 534. 

Directors are agents of the corporation, and not of the stockholders: 18 Ga. 
412. When not barred on their statutory liability until twenty years: 12 
Ga. 104. Kesponsibility does not abate by the expiration of the charter: 
16 Ga. 290. Liability is joint and not several : 18 Ga. 318 ; 20/275. Loss by the 
neglect or waste of the assignee, does not relieve the directors: 30 Ga. 581. 
Exercise of ordinary powers, unless restrained by their charter : 45 Ga. 34. 
Cannot offset a charter liability by a claim bought up at discount, after the 
company had become bankrupt: 60 Ga. 174. Cannot, without special power 
under the charter, bind the company to pay usury : 62 Ga. 308. Should own 
stock : 24 Ga. 546 ; 43/53. When may make a settlement between the company 
and the stockholders : 57 Ga. 314. 

Dividend on stock corresponds to the hire of property : 57 Ga. 418. 

Domicile, a corporation can have no legal existence outside of the State 
incorporating it, but may contract outside of the State sometimes : 14 Ga. 328. 

Equity, a corporation aggregate may file an answer to a bill in equity under 
its corporate seal, but an injunction will not be dissolved unless the answer 
be verified by the oath of some corporator or agent who is acquainted with 
the facts therein stated : 3 Ga. 435. Only in a strong case will equity interfere 
at the instance of the minority of the corporators in the management of the 
affairs of the corporation : 41 Ga. 454. The acts must be ultra vires, or fraudu- 
lent and corrupt, to cause a court of equity to interfere to restrain a munici- 
pal corporation acting within scope of its powers: 43 Ga. 67. Bill in, the 
proper remedy to compel the payment of a per cent, by stockholders to liqui- 
date the debts of the company : 56 Ga. 191, 563. 

Estoppel, member of a chartered company may, by acquiescence or pre- 
sumed assent, be estopped from denying his ratification of its acts : 48 Ga. 109. 

Evidence, books of minutes of commissioners to organize are admissible as, 
against subscriber for stock : 32 Ga. 273. Sayings of stockholders do not bind 
the corporation : 17 Ga. 574. Transfer-books are evidence that one who trans- 
ferred the stock was a stockholder: 20 Ga. 275. Books of a company, includ- 
ing stock-ledger, are admissible in a suit between stockholder and the 
company : 57 Ga. 314. 

Execution, how issued against stockholder personally responsible: 52 Ga. 
310, 356; 51/633. May be collected in full from one stockholder, when: 
56 Ga. 563. 

Express company, pursuing continuously for a period of time the business 
of transporting goods, packages, etc., is a common carrier, etc.: 36 Ga. 635. 
Action against, for failing to deliver in time check on a bank : 60 Ga. 497. 
Cannot limit its liability except by express contract assented to by both sides : 
36 Ga. 532. First company is liable for anything occurring over connecting 
lines : 45 Ga. 148. Trespass on the case for damages against : 48 Ga. 85 ; 37 Ga. 
397. Trover against, for the value of a note: 48 Ga. 625. When a seizure by 
legal process did not release: 38 Ga. 37. When the suit should have been 
against Adams, and not the Southern Express Company : 38 Ga. 519. 

Foreign corporations have the same right as an individual : 64 Ga. 776. 
Sued by serving agent: 55 Ga. 36, 194. Attachment of: 5 Ga. 531; 47/676; 
58/167. Garnishment of : 48 Ga. 351 ; 60/310 ; 45/485. Service on : 61 Ga. 515 ; 
41/671. Tax on : 50 Ga. 530. 

Forfeiture, of stock generally, prevents recovery of subscription ; yet held 
here there had been no forfeiture : 57 Ga. 314. 



1902 SECOND TITLE.— CHAPTER 1, ARTICLE 8. 42 

Corporations, how served. 

Franchise, one individual becoming sole owner of stock of a corporation, it 
was held that the franchise did not thereby become forfeited : 42 Ga. 148. 
Railroads are responsible for damage caused by another company using its 
track, etc. : 49 Ga. 355 ; 58/468 ; 62/685 ; 64/475. 

Fraud, persons exercising the powers of a corporation in their character as 
trustees may be made to respond in a court of equity for fraudulent breach of 
trust: 11 Ga. 556. To hold members of a corporation responsible for fraud, 
creditors must show something said or done by them amounting to deceit : 20 
Ga. 848. Corporations liable for fraud of their agents just as individuals are : 

18 Ga. 412; 54/635. When one stockholder of a bank, participating in the ille- 
gal organization thereof, cannot make another stockholder responsible for its 
debts: 19 Ga. 337. If stockholders do an illegal act, or omit to do what the 
law requires, by which the rights of another are prejudiced, it is fraud : 24 Ga. 
273. It is not fraud for a stockholder to ask for the passage of an act to en- 
able the company to issue bonds holding the private property of the stock- 
holders liable : 24 Ga. 346. Fraud in obtaining a charter is no defense to its 
debtors : 63 Ga. 374. 

Illegality, stockholder is entitled to, on an execution against the corpora- 
tion, on which he is personally liable : 22 Ga. 86 ; 52/310. 

Liability, are responsible for the acts of officers and agents when acting with- 
in the sphere of their appropriate duties : 41 Ga. 515. Not answerable for an 
erroneous exercise of discretion, although its consequences be injurious: 

19 Ga. 471. 

Limitations, what prevents the bar of the statute of limitations of 1869 
against stockholders : 56 Ga. 179. 

Mortgage, signed by president and secretary of a corporation, held valid: 25 
Ga. 329. Where the foreclosure of, by the president of a corporation, was held 
sufficient, although there was some irregularity connected with such fore- 
closure : 30 Ga. 465. 

Municipal corporations may be authorized to either license or not sale of 
liquor: 18 Ga. 586. Are not responsible for injurious exercise of discretion: 
19 Ga. 471-490. Waiver of right to compensation, on the exercise of the right 
of eminent domain : 30 Ga. 154. 

Nuisance, any obstruction in a public street is: 30 Ga. 506. 

Nulla bona, stockholder responsible for ultimate redemption of bills of a 
bank, yet the return of nulla bona on the fi. fa. against it is not conclusive as 
to him without notice oifi. fa. being in the sheriff's hand : 16 Ga. 217. 

Organization, fraudulent, effect of : 18 Ga. 411-444; 20/276; 24/273. When 
the charter was silent as to the number of trustees of an academy : 22 Ga. 507. 

Pleading, company sued on a note purporting to have been given by its 
treasurer, the authority must be denied on oath, under the judiciary Act of 
1799: 26 Ga. 107. Plea in a suit against a stockholder on his individual liabil- 
ity, that the corporation had unappropriated assets, must specify what they 
are: 8 Ga. 468. Corporation need not set forth how incorporated : 55 Ga. 672. 
Need not prove execution of bills when non est factum is not pleaded : 30 Ga. 770. 

Parties, where mortgage made by a corporation is foreclosed, a stockholder 
cannot interfere by injunction to restrain levy, unless he show why cor- 
poration not complainant: 63 Ga. 347. Must be party to bill against its agent 
for final settlement and distribution : 53 Ga. 628. Bank cannot be made a 
party when its charter forfeited : 10 Ga. 9. 

Powers of, only such as are conferred by its charter: 5 Ga. 561. Legislature 
cannot delegate to a corporation authority to repeal by ordinance, any statute 
of the State : 12 Ga. 405. Municipal corporation without express grant can 



43 SECOND TITLE.— CHAPTER 1, ARTICLE 8. §1902 

Corporations, how served. 

bind itself as to matters within the intent of its charter, such as erection of 
water- works : 28 Ga. 50. 

Purchasers, bona fide, of stock for value and without notice, protected: 
56 Ga. 377. 

Railroads, as to sale of, in equity where various fi. fas. against it: 9 Ga. 378. 
What is the capital stock of, and not taxable : 14 Ga. 275. Charter of Central 
Railroad construed : 40 Ga. 644. Where the purchaser of confiscated stock 
of, obtained no valid title: 37 Ga.. 515. Stock of , is personal assets: 40 Ga. 
408. Need not issue stock-certificate before suing for amount subscribed: 

44 Ga. 579. 

Remedy, action at law and not injunction here for injury to property by re- 
grading a street : 23 Ga. 402. 

Repeal, act of incorporation maybe repealed by implication, where legisla- 
ture has reserved the right: 49 Ga. 159; 14/328. 

Residence, difference between this and place of business: 17 Ga. 326. 

Rights of, legal and equitable, are to be measured by the same standard 
in the rendition of verdicts by juries, as in cases where natural persons are 
interested : 41 Ga. 516. 

Seal, scroll of an agent of, may be the seal of the corporation : 25 Ga. 316. 

Section 2350 of Code, what must be specified in application for charter un- 
der : 54 Ga. 673. No power in the courts under the Constitution of 1868 to 
incorporate a manufacturing company under this section : 55 Ga. 639. Omis- 
sion in petition cured by order of the court setting forth the objects of the 
corporation, and both are to be construed together: 54 Ga. 474, 475. 

Servants and agents, responsibility of railroad company for acts of : 58 Ga. 216. 

Set-off, what stockholders may set off in a suit against them on their indi- 
vidual liability : 56 Ga. 563. 

Service, must specify the manner of: 66 Ga. 150. By serving any officer or 
agent : 41 Ga. 660 ; 55/196. Not by serving the agent of a receiver : 59 Ga. 446. 
As to service on agent of foreign corporation : 51 Ga.'458; 40/302. 

Statutes, strictly construed where made in favor of corporations or particu- 
lar persons, and in derogation of common right, and should not be extended 
beyond their express words : 7 Ga. 221 ; 9/213. 

Stock, transfer to one without his knowledge or consent, does not make him 
owner of the stock: 19 Ga. 338, 344. Insolvency of a bank need not be judi- 
cially ascertained to render stockholders transferring within six months liable: 
1 Ga. 27. In suit against a stockholder, transfer of stock by him on the trans- 
fer-book of the company is evidence of his ownership : 20 Ga. 275. One mem- 
ber may own all the stock : 42 Ga. 148. Preferred stock : 43 Ga. 13. On sale 
of, by the sheriff, he should issue certificate of purchase to the highest bidder : 
38 Ga. 259; 46/34. What is stock: 26 Ga. 663. Bona fide purchaser of , pro- 
tected: 56 Ga. 377. Illegal sales and purchases of stock: 43 Ga. 598; 46/34. 
When trover cannot be maintained for stock held as collateral security: 
48 Ga. 562. 

Stockholder ceases to be such inside of the charter, so far as his rights and 
obligations are concerned, as a member of the corporation from date of trans- 
fer of stock, whether notice given thereof or not : 18 Ga. 411. Transfer of 
stock by, on transfer-book of the company, is evidence of ownership of the 
stock so transferred : 20 Ga. 275. Where creditor could recover of stockholders 
guaranteeing payment of debts of corporation in consideration of indulgence 
of corporation for a fixed time : 36 Ga. 405. Personal liability of, cannot be 
imposed by by-law where neither the charter nor general law imposes it : 40 
Ga. 98. When charter renders stockholders liable unless sixty days notice of 
the sale is given, and transfer made six months before the failure: 8 Ga. 468. 



§ 1902 SECOND TITLE.— CHAPTER 1, ARTICLE 8. 44 

\ 

Corporations, how served. 

When misrepresentations by company before the incorporation do not after- 
wards, and on company's failure, render stockholder liable: 17 Ga. 543. 
Responsibility for stock transferred continues, when : 30 Ga. 99. Released of 
ultimate liability by payment to other depositors than plaintiff the amount he 
was liable for : 42 Ga. 575 ; 40/392. Is not released by immaterial change of the 
route of railroad : 33 Ga. 466. Creditors trust corporation on faith of its capi- 
tal stock, where there is no personal liability on the members : 40 Ga. 98. 
Responsibility attaching for failure to give notice of transfer of stock : 8 Ga. 
468 ; 30/99 ; 11/469 ; 18/411 ; 22/86. May be creditors : 56 Ga. 564. Responsibility 
continues after dissolution of corporation, and may be enforced by a bill in 
equity : 8 Ga. 527 ; 19/352. Those paying for stock in depreciated currency by 
the illegal conduct of the directors, are not discharged thereby from an equit- 
able adjustment of the matter : 57 Ga. 314. When allowed to maintain a bill 
in equity for the protection of corporate property : 58 Ga. 317. 

Subscriber cannot contest validity of the charter in a suit by the corpora- 
tion against him on his stock subscription : 32 Ga. 274. Effect on other sub- 
scribers of the release of one, and the amendment of the charter : 57 Ga. 240. 
Defense to subscription, of fraud in procuring it: 61 Ga. 560. That the Gov- 
ernor of the State has seized and taken possession of the railroad, is no defense 
against subscription to stock of : 54 Ga. 580. 

Suit against foreign corporations: 39 Ga. 554. On stock subscription, barred 
in six years: 53 Ga. 228. But see: 52 Ga. 326; 58/541. A gainst private cor- 
poration, how commenced and served: 30 Ga. 685; 37/397. Amendment of: 
50 Ga. 413. By attachment against foreign corporation : 55 Ga. 194. Must be 
in the corporate name, if incorporated regularly ; but if not, then if they are 
mere partners, in that as members: 63 Ga. 679. By a minority of the corpo- 
rate body : 22 Ga. 507. 

Taxation, where a company was liable for taxes on all its property except its 
capital stock : 44 Ga. 388. Municipality cannot levy a specific tax on an incor- 
porated company when it is not so taxable by the State : 37 Ga. 620. Repeal 
of law exempting, is unconstitutional, when: 54 Ga. 423-428. But see: 55 Ga. 
312 ; 54/401. 

Transfer, fraudulent, by the holder of stock on the book of the company, 
does not make the company liable as guarantor, if done without notice of 
fraud : 46 Ga. 34. Telegraph company, as to responsibility for message sent 
by : 58 Ga. 433. 

Trespass, corporations may be guilty of, as well as individuals : 40 Ga. 479. 

Trustees of an incorporated academy, held responsible on a note given as 
trustees : 3 Ga. 283. 

Usury, as affecting: 55 Ga. 691; 45/35. 

Ultra vires, it is not, for a railroad company to issue preferred stock to con- 
tractors under certain conditions : 43 Ga. 13. Corporation cannot recover 
damages for a breach of contract it was not authorized by its charter to make : 
53 Ga. 625. Acts of a corporation, although ultra vires, may be waived and 
ratified by acquiescence : 54 Ga. 387. 

Writ, service of, held good, where left at the most notorious place of abode 
of the president: 30 Ga. 685. Service of, on agent of express company, where 
the president resides in the State, is not valid : 37 Ga. 397. 
Notes mainly from decisions since Code of 1882 : 

Acceptance of grant, where statute granted realty to railroad, subject to a 
city's consent, which was given ; affirmative acceptance within reasonable 
time, necessary: 82 Ga. 501. 

Agent, admissions of president or agent in connection with his business 
bind the corporation : 70 Ga. 87. Admissions that account correct, and prom- 



45 SECOND TITLE.— CHAPTER 1, ARTICLE 8. §1902 

Corporations, how served. 

ise to pay : 75 Ga. 450. Sayings of stockholders do not bind corporation : 17 
Ga. 574. Statements, at public meeting, by alleged agent of railroad were not 
admissible to bind it : 81 Ga. 176. 

Bonds of corporation, under Act of 1876 as to, civil action lies in Governor's 
name ; maximum penalty is $500, but any less amount recoverable : 79 Ga. 58. 
Fourth section construed : 79 Ga. 58. 

Capital, to be paid in "as directors may direct," cannot be called in by . 
street agreement ; must be appropriate corporate action, etc. : 95 Ga. 573. 
Amount subscribed, not amount paid in, constitutes capital stock: 8 Ga. 486; 
40/103. Resolutions reducing capital stock, valid as to creditors who did not 
rely, or whom law does not presume to have relied, on original subscription: 
81 Ga. 501. 

Charter of building and loan association expiring after assignment, bor- 
rower cannot defend suit by assignee because charter expired : 75 Ga. 793. 
An act which was not amendment to charter obtained under general law, but 
created distinct charter itself : 83 Ga. 62. 

Corporator, called "Easterling" in charter, and "Eastman" claiming, im- 
material, if "Eastman" was treated as the person intended : 70 Ga. 88. 

Creditors of corporation, not subject lands contributed to company as cap- 
ital, but not deeded, as against purchasers from original owners without notice, 
when : 95 Ga. 208. 

De facto, property transferred from de facto to de jure corporation, remains 
liable to debts of former : 70 Ga. 637. 

Directors, liable for issuing stock illegally and procuring loan on it: 71 Ga. 
726. Creditor need not sue company first : 71 Ga. 726. Declarations of director 
as to whether certain person is agent of corporation, do not bind it: 81 Ga. 
176. As to directors of insolvent corporation securing some of their num- 
ber against loss as sureties on old debts, etc. : 91 Ga. 624. 

Dividends, where corporate shares were sold before dividend declared, buyer 
could not exact order for dividend before payment ; notice to corporation would 
protect buyer : 83 Ga. 749. On stock here belonged to life tenant, as "income" 
under terms of will, and as "natural increase" of stock: 67 Ga. 284. Follow 
ownership of stock : 59 Ga. 342; 67/676. Agreement to account for on stock, 
different from agreement to pay interest on amount of stock, though rate 
same : 67 Ga. 676. 

Estoppel, one dealing with corporation, its officers and agents, as such, is 
estopped to deny such corporate existence or official character : 70 Ga. 86 ; 
90/802. Even though charter void : 69 Ga. 159. Provided only the corporation 
could lawfully exist : 94 Ga. 317. Persons trading as a corporation, estopped 
to deny the incorporation : 70 Ga. 637. Where directors liable for illegal acts, 
creditor not estopped from suing, by dealings with corporation : 71 Ga. 726. 
Partners having themselves incorporated under same style, etc., estopped to 
deny corporate existence against one crediting without notice, etc. : 92 Ga. 511, 
512. As to whether railroad company illegally chartered by superior court, 
could deny liability under the law of railroad companies : 93 Ga. 54. Where 
court charter amended by legislature with knowledge of stockholders, railroad 
a corporation de jure as to transactions referable to either source ; stock- 
holders estopped to attack its existence or its bonds : 94 Ga. 324. 

Exclusive rights, grants of, strictly construed : 49 Ga. 151 ; 70/694. What 
power granted by charter giving : 49 Ga. 152, 206 ; 48/391. 

Franchise, use of franchise of street-railroad for private purposes, enjoined : 
73 Ga. 428; 75/763. Foreign purchaser of Georgia Railroad's franchises, do- 
mestic corporation : 74 Ga. 634. 



1902 SECOND TITLE.— CHAPTER 1, ARTICLE 8. 46 

Corporations, how served^ 

Fraud, person duped into becoming stockholder in, and president of, a cor- 
poration, relieved in equity, though relief not previously asked of stockhold- 
ers : 74 Ga. 435. Immaterial whether corporation solvent or not : 74 Ga. 435. 

Limitations, corporation had never made assessments ; it assigned ; chancery 
intervened and directed call ; action not barred if brought within four years 
of this call : 81 Ga. 383. 

Mortgage, void mortgages made by insolvent corporation to sureties, not 
inure to benefit of creditors holding secured debts: 91 Ga. 624. 

Organization, grant of charter not sufficient to authorize holding title to 
lands, incurring liability, etc. : 95 Ga. 212, 213. 

Parties, corporation necessary party defendant to action by stockholders 
against directors for official neglect : 94 Ga. 486. 

Partnership, corporation cannot ordinarily become member of partnership: 
74 Ga. 509. Suit against copartnership alleged to be composed of individual 
and railroad company, demurrable, here : 75 Ga. 567. 

Pleading, suit against "Albany Lodge, etc.," without alleging that defend- 
ant was either a corporation or a firm, was suit against nobody ; demurrable, 
and not amendable: 73 Ga. 474. If plaintiff's name import corporation, judg- 
ment valid, though incorporation not alleged : 78 Ga. 39. If defendant's name 
import corporation, and one served as its president plead as such, too late after 
verdict to object that incorporation not alleged : 82 Ga. 597. 

Power of sawmill corporation to indorse railroad bonds, that road might 
be constructed as adjunct to sawmill : 91 Ga. 636. 

Eeturns, published returns required by law, though not technical notice, 
were source of information as to true condition of bank, binding on it : 81 Ga. 501. 

Stock, a contest between creditors over the sufficiency of an assignment of 
corporate stock: 73 Ga. 337. Railroad bought articles, seller to be paid in its 
stock ; nothing said as to value of stock, par value inferred : 83 Ga. 757. 

Stockholder, of bank, paying claims of depositors, subrogated to their rights 
here : 65 Ga. 734. Members of company not liable as partners under summons 
of garnishment directed to corporation : 69 Ga. 751. Arrangement to transfer 
property to pay debts, not enjoined by stockholder who has not paid his sub- 
scription: 73 Ga. 176. Corporation holding itself out as such, stockholder not 
objecting, bound by his stock subscription : 76 Ga. 360. When minority stock- 
holders in railroad, after long acquiescence, could not be heard to complain of 
ultra vires acts: 81 Ga. 536. Before minority stockholders can enjoin ma- 
jority, chancellor must be satisfied that they made earnest effort to obtain 
redress from directors and shareholders : 81 Ga. 537. In convict's suit against 
Dade Coal Company for injuries, plea that it was only stockholder in company 
which had charge of him, demurrable : 83 Ga. 550. Corporation insolvent, etc., 
several creditors may join and sue stockholders for themselves and others, 
omitting deceased stockholders, etc. : 95 Ga. 505. Suit of creditors against, 
upheld, when assets of corporation in hands of receiver, and creditors' claims 
not in judgment: 95 Ga. 505. 

Subscriber, not assenting thereto, released by material alteration in charter, 
though same accepted by majority: 11 Ga. 438; 75/15. But see 33 Ga. 466. 
To railroad stock, not released by misrepresentations of agent, same not being 
stipulated as terms of subscription : 76 Ga. 755. Though incorporating act re- 
serve to State power to amend, material legislative change in charter of, after 
subscription to stock, such as changing terminus of railroad, releases sub- 
scriber : 83 Ga. 62. Amendment to charter changing name of corporation, not so 
material as to release subscriber: 85 Ga. 238. Issuing preferred stock, chang- 
ing railway terminus or principal office, in violation of charter, not release 



47 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 1. § 1903 

Banks, how incorporated, and their powers. 

subscriber: 94 Ga. 510. Nor will other ultra vires acts; e. g., a deal or traffic 
arrangement placing entire business in hands of other companies, thus defeat- 
ing competition: 94 Ga. 510. To capital of proposed corporation, liable to 
suits for subscription, etc., by corporation when organized: 95 Ga. 573. 

Subscription to stock induced by fraud, not recovered, here, as against 
debts contracted after subscription : 65 Ga. 649 ; 76/370. To stock beyond 
amount authorized by charter, creates no privilege or right in the subscriber 
and no liability on his part : 73 Ga. 5. Is with reference to whole capital 
stock, and not collectible till whole subscribed, nor if others released so as to 
reduce capital: 73 Ga. 438. Incomplete for uncertainty, not merged into, nor 
aided by charter subsequently obtained : 73 Ga. 438. Notes for installments 
of stock subscriptions were due on notice by directors : 81 Ga. 725. No defense 
against subscriptions, that representations as to railroad's prospects turned 
out untrue : 90 Ga. 289. Matter for regulation by charter and law, not matter 
for stipulation, that company will retain for given time control of its rail- 
road : 94 Ga. 510. To capital, on condition that $50,000 should be subscribed, 
none bound unless this amount obtained, etc. : 95 Ga. 574. And burden on 
plaintiff to show conditions of subscription complied with or waived : 77 
Ga. 506. 

Suit, stockholder cannot, without suing in behalf of all, maintain action for 
directors' official neglect : 94 Ga. 486. 

Taxation of Western and Atlantic Railroad fixed by contract with State : 
66 Ga. 563. 

Ultra vires for corporation to act before capital stock subscribed and ten per 
cent, paid in : 75 Ga. 14. 



CHAPTER 2. 

PRIVATE CORPORATIONS. 



ARTICLE 1. 



BANKS. 



SECTION 1. /^,^cjklfi ^— £ 



HOW INCORPORATED, AND THEIR POWERS.^^^^; ^%,'S^ 



§1903. Method of incorporating banks . Any number of persons not Acts 1898, 
less than three may form a corporation, for the purpose of carrying 1895, p. 64. 
on the business of banking, by filing in the office of the secretary 
of State a declaration in writing signed by each of them, stating 
their names and residences; the name and style of the proposed 
corporation; the location and principal place of business thereof; 
the amount of the capital stock, and the number of shares into which 
it is divided; the purposes and nature of the business of the pro- 



§§ 1904-1907 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 1. 48 

Banks, how incorporated, and their- powers. 

posed corporation, with any other matters which they may deem it 
desirable to state. Such declaration must be accompanied by the 
affidavit of the subscribers, verified by the ordinary of the county 
in which it is proposed to do business, that fifteen thousand dollars 
of the capital subscribed has been actually paid by the subscribers, 
and that the same is in fact held, and is to be used solely for the 
business and purposes of the corporation. A fee of fifty dollars 
shall be paid, on filing the application, into the treasury, and the 
secretary of State shall not issue any charter before its payment. 

§1904. If secretary disqualified. If from any cause the secretary 
of State is disqualified to act in any case, the application shall be 
filed with the comptroller-general, who shall perform all the duties 
prescribed for the secretary of State. 

§1905. Copy of petition to be published. When the declaration is 
filed the secretary of State, upon application, shall certify and de- 
liver to such subscriber a copy of such declaration and affidavit, 
and the subscribers shall publish it in the official organ of the county 
in which it is proposed to do business, once a week for four weeks. 
A ^ 1893 ' §1906. Certificate of incorporation to be issued. When said declara- 
tion and affidavit shall have been published, any subscriber may apply 
to the ordinary to certify the fact of such publication, and the ordi- 
nary shall certify the fact of such publication, and upon said certifi- 
cate being filed by the subscribers in the office of the secretary of State, 
he shall issue to the subscribers, their associates and successors, a cer- 
tificate of incorporation under the seal of the State, certifying that 
"the subscribers, their associates and successors, are a body politic 
and corporate under the name and style designated in the declaration, 
and that such corporation has the capacity and powers conferred, and 
is subject to all the duties and liabilities imposed by law." And the 
secretary of State shall record the declaration, affidavit, certificate 
of the ordinary, and the certificate of incorporation, in the order 
named. 

§1907. Powers of such banks. Such corporation, when organized, 
has power — 

1. To have continual succession for the term of thirty years, with 
the right of renewal for a like term, with all corporate powers and 
privileges herein granted. 

2. To sue and be sued. 

3. To have and use a common seal, and at pleasure to alter the 
same. 

4. To appoint such officers and agents as the business of the cor- 
poration requires, prescribe their duties, fix their compensation, and 
remove them at pleasure. 

5. To make such by-laws as may be necessary or proper for the man- 
agement of its property and regulation of its affairs. 



49 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 1. §§1908, 1909 

Banks, how incorporated, and their powers. 

6. To hold, purchase, dispose of, and convey such real and per- 
sonal property" as may be necessary for its uses and business. 

7. To discount bills, notes or other evidences of debt; to receive 
and pay out deposits, with or without interest; to receive on special 
deposit, money or bullion, or foreign coins, or stocks, or bonds, or 
other securities; to buy or sell foreign or domestic exchange, or other 
negotiable paper; to lend money upon personal security, or upon 
pledges of bonds, stocks, or negotiable securities; to take and receive 
security, by mortgage or otherwise, on property real or personal. 

8. To increase or decrease the capital stock in the manner herein- 
after provided. 

§1908. Powers of directors. The business of the corporation shall 
be under the management and control of a board of directors, to 
consist of not less than three nor more than seven members of the 
corporation, who must be owners and holders of one or more shares 
of the capital stock in good faith. The board of directors shall ex- 
ercise only such powers as may be legally delegated to them by the 
stockholders, or by the by-laws adopted by the stockholders. The 
board of directors shall be elected by the stockholders at such time 
and place, and for such term, as may be appointed by the by-laws. 

§1909. Issue, increase and diminution of capital stock. The board of Actsi8«3, 
directors shall have power to prescribe how, and in what sums, and at 18 ^ 5 . i>- 55 - 
what times and places any unpaid part of the capital stock shall be 
paid in; and in the event any stockholder shall fail or make default 
for sixty days to pay any call regularly made in his subscription to 
stock, the directors may direct suit to be brought against him forth- 
with for the amount of such call, or may in their discretion, after 
thirty days notice to such stockholder, cause his stock, after proper 
public advertisement for thirty days, to be put up and sold at auc- 
tion to the highest bidder, and any deficiency in this sum thus re- 
ceived, necessary to make the amount of the call, shall be made good 
by the delinquent. Any surplus over the amount of the call and the 
expenses of the sale shall be paid to him. A new certificate of stock 
shall be issued to the purchaser, and he shall stand in the same re- 
lation to the company as the delinquent would have done had he not 
so made default. The sale shall be at the court-house door in the 
county where said company is located. The capital stock of the cor- 
poration may be increased to such amount as may be desired by the 
stockholders, or it may be decreased to a sum not less than twenty- 
five thousand dollars, at a meeting of the stockholders called for the 
special purpose by order of the board of directors, of which notice 
has been given each stockholder (or in case cf death, to his legal 
representatives or heirs at law), personally or by mail, addressed to 
his last known residence, at least thirty days previous to said special 
meeting, and such increase or decrease shall be made in such man- 
4 



§§1910-1912 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 2. 50 

Eegulation of banks. 

ner as shall be determined by the meeting of stockholders, it requir- 
ing the vote of a majority in amount of the entire capital stock to 
authorize such increase or decrease, and the manner of effecting the 
same. If, at such meeting, the stockholders holding the majority 
in amount of the capital stock vote for such increase or decrease, 
the proceedings of the meeting must be reduced to writing and en- 
tered upon the books or minutes of the corporation, and a copy 
thereof, verified by the president or cashier, shall be filed and 
recorded in the office of the secretary of State, and when so filed 
and recorded, shall become an amendment to said charter, and a cer- 
tified copy thereof shall be evidence of all facts therein contained, 
in all courts of this State, without further proof. 
Acts 1895, §1910. Minimum capital. No corporation shall be formed under this 
$1856.' Article without a capital subscribed in good faith, of at least twenty- 
five thousand dollars, of which not less than twenty per cent., and 
in no case less than fifteen thousand dollars, must be paid in cash by 
the subscribers before filing the declaration with the secretary of 
State. 
Acts 1893, §1911. Liability of corporation and stockholders. Said corporation 
#888, 1940. shall be responsible to its creditors to the extent of its capital and its 
assets, and each stockholder shall be individually liable for all the 
debts of said corporation to the extent of his or her unpaid shares 
of stock, and said stockholders shall be further and additionally 
individually liable equally and ratably (and not one for another as 
sureties), to depositors of said corporation for all moneys deposited 
therein, in an amount equal to the face value of their respective 
shares of stock, it being the true intent and purpose of this section 
that, as to depositors for all moneys deposited with said corpora- 
tion, there shall be an individual liability upon such stockholder in 
such corporation, over and beyond the par value of his or her 
original shares of stock, equal in amount to the face value of said 
shares of stock: Provided, that said liability of the stockholders 
shall not prevent depositors from having equal rank with all other 
creditors upon the capital, property, and assets of said bank. 



SECTION 2. 



REGULATION OF BANKS. 



Acts 1894, §1912. Banks to make returns. All corporations doing a banking 
* -. V 'p business in this State must make to the State bank-examiner state- 
ments under oath, not to exceed four during each year, and publish 
(fCj *-^- J i, the same in the local papers at the expense of the corporation; 
- ^ said statement to be made whenever requested by the State bank- 
examiner, showing the resources and liabilities of the bank or corpo- 



51 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 2. §§1913-1920 

Regulation of banks. 

ration at the close of business on any past day specified by said 
bank-examiner, the same to be transmitted to the bank-examiner 
within ten days after the receipt of such request. 

§1913. Penalty. Any bank or corporation failing to comply ^j^ 890 " 1, 
with said request, without satisfactory reasons shown to the bank- 
examiner, shall be fined fifty dollars for each violation, to be collected 
by the comptroller-general in the manner now allowed by law for 
the collection of penalties. 

§1914. Loans to officers. No bank or corporation doing a banking Actsisoo-i, 
business shall loan to any officer of the bank without good collateral. 

§1915. Amount of cash to be kept on deposit. No bank or corpora- Acts isqo-i, 
tion doing a banking business shall be allowed to reduce cash in 
hand, including amount due by banks and bankers, and the market 
value of all stocks and bonds actually owned and held, below 
twenty- five per cent, of demand deposits. 

§1916. Loans of more than ten per cent, to one person. No bank or Acts 1890-1, 
corporation doing a banking business shall be allowed to loan to '. 
any one person, unless such loan is amply secured by good collateral /^"/^, % 
security, more than ten per cent, of its capital stock and surplus. 

§1917. Losses to be charged to profit and loss. Whenever, by reason Acts 1890-1, 
of losses, a bank's capital stock is impaired, the shrinkage in said 
capital stock represented by said losses shall be charged on the 
books of said bank to the account of profit and loss, so that the 
notes and bills discounted, shown as debts due the bank, shall be 
the live and collectible assets of said bank. 

§1918. Examiner's clerk. The bank department of the State treas- Acts 1890-1, 
ury, or the State bank-examiner, shall be allowed one clerk at a 
salary not to exceed twelve hundred dollars per annum. Said clerk 
is authorized, at the direction of the bank-examiner, to examine 
banks. 

81919. Yearly examination. The bank-examiner or his clerk shall Acts 1890-1, 
.'"•,, p- re- 
examine banks at least once a year. 

81920. Oath to statements. The following shall be the oath sub- Acts 1890-1, 
. . . p- in- 
scribed to by the cashier of the bank, or corporation doing a bank- 
ing business, to the quarterly statements: 

"Before me came , cashier of bank, who, being 

duly sworn, says the above statement is a true statement of the 
condition of said bank as shown by the books on file in said bank; 
and he further swears that since last return made to the State bank- 
examiner of the condition of said bank, to the best, of affiant's 
knowledge and belief that the said bank, through its officers, have 
not violated or evaded any obligation imposed by law." 



j§ 1921-1923 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 3. 52 



Examination of banks. 



SECTION 3. 

EXAMINATION OF BANKS. 

A p ct f 5 * 889, §1921. Bank-examiner. The treasurer of the State shall hold the 

^m. office of examiner of State banks during his term of office as treas- 
urer, and until his successor is elected and qualified. 

$186. §1922. Duties. The examiner of State banks shall visit every 

bank or corporation chartered by the laws of this State and doing a 
banking business, at least once in each year. He shall not visit 
at stated times, nor shall he permit any one to know at what 
time he will visit such banks or corporations. He shall carefully 
examine into the affairs of every such bank, and make a report 
immediately to the Governor. He shall cover in said report all 
the subject-matter that the law requires banks to report upon, and 
upon such other subjects as he may deem advisable, or that may be 
required of him by the Governor. In addition to such visits, he 
may visit any corporation chartered by the laws of this State, and 
doing a banking business, at any time when, in his opinion, the 
public interest requires. The examiner of State banks shall also 
have the right to demand of any State bank a statement of its affairs 
at the close of any past day's business. The president and cashier 
of such bank or corporation shall make out and forward to the 
examiner such statement within twenty-four hours after receiving 
such call, and they shall make oath that the same is correct. 

$188. §1923. Salary, how raised. The examiner of State banks shall be 

paid twelve hundred dollars per annum and actual necessary travel- 
ing expenses. His salary shall be paid quarterly, and the salary 
and traveling expenses shall be raised in the following manner: 
The comptroller-general shall assess twelve hundred dollars, to be 
paid by the banks or corporations chartered by laws of this State, 
doing a banking business, each bank or corporation to pay in pro- 
portion to its capital. He shall call upon every such bank and 
corporation quarterly for its proportion of said amount, and if any 
such bank or corporation fails to pay within ten days after such 
call, the comptroller-general shall issue execution for the amount 
due by such defaulting bank or corporation, which shall be enforced 
as executions are enforced against defaulting tax-collectors. The 
traveling expenses of the examiner of State banks shall be audited 
by the comptroller-general, and the expenses of the visits required 
in each year shall be assessed against all the banks of this State or 
.corporations doing a banking business and chartered by the laws of 
the State, in the manner required for the payment of the salary, and 
collected in the same manner, and the traveling expenses shall be 
due when his semi-annual visit to all the banks has been completed. 



53 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 3. §§ 1924-1928 

Examination of banks. 

The expense of special visits shall be paid by the .bank or banks vis- 
ited, to be apportioned by the comptroller-general, in case more 
than one bank is visited, and collected in the manner herein above 
set out. The salary and expense account, when collected, shall be 
paid by the comptroller-general to the examiner of State banks. 

§1924. Annual reports. The examiner of State banks shall make, 
from his reports during the year, an annual report, which shall be 
published by the treasurer as a part of his annual report to the 
Governor. The treasurer shall also procure a well-bound book in 
which he shall record such report made to the Governor, and also 
his annual report; which book shall remain in the office of the 
treasurer and be subject at all times to the inspection of the public. 

§1925. Reports may be published. If any report of the examiner 
of State banks is deemed of sufficient importance to the public by 
the Governor, he may require the same published one time in one 
or more of the leading daily papers of this State. 

§1926. Capital impaired. When the bank-examiner or assistant ^ ct | 8 1895 ' 
bank-examiner finds that the capital stock of any bank chartered 
under the laws of this State has become impaired or reduced from 
losses or any other source, the bank-examiner shall require such 
bank to make good its capital stock, so impaired or reduced, by a 
transfer from its surplus or undivided profits thereof to the capital 
stock of a sum sufficient to make good such impairments or reduc- 
tions, and if there is no surplus or undivided profits, or not enough 
to make good said capital stock, then by an assessment upon the 
stockholders thereof. 

§1927. Penalty is forfeiture. Should any bank fail or refuse to 
comply with the preceding section, the bank-examiner shall report 
such refusal to the Governor, who is hereby authorized and directed 
to cause proper proceedings to be instituted for the forfeiture of the 
charter of such bank. 

§1928. Duty of Governor. Whenever the bank-examiner finds that 
a bank chartered by the laws of this State is not in a solvent con- 
dition, he shall immediately report the condition of the bank to 
the Governor, and it shall be the duty of the Governor to direct the 
attorney-general to institute proceedings in the superior court of 
the county where the bank or parent bank is located, to put the 
bank in the hands of some competent person, who shall give bond in 
an amount to be fixed by the judge for the faithful discharge of his 
duties, and said person so appointed shall immediately take charge 
of the business of said bank, collecting its assets and paying off its 
liabilities under such rules as the court may make. 



§§ 1929-1932 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 4. 54 



Circulation of notes by State banks. 



SECTION 4. 

CIRCULATION OF NOTES BY STATE BANKS. 

Actios, §1929. Circulating notes issued to State banks. Circulating notes 
shall be issued to the banks and banking associations of this State, 
upon the terms and conditions following. 

§1930. Notes to be engraved and printed. The Governor, treasurer, 
and comptroller-general of this State are hereby constituted a com- 
mission authorized and required to cause to be engraved and printed, 
in the manner best calculated to guard against counterfeiting, such 

, , nnanf.i't.v nf p.i r mi 1 n.f i n cr nntps in f.hp aimilif.ndfi nf hnnlr.nn+.ofl in 



p 



quantity of circulating notes, in the similitude of bank-notes, in 
blank, of denominations not greater than one thousand dollars nor 
less than one dollar, as they may, from time to time, deem neces- 
sary to carry into effect the provisions of this Article, and of such 
form as they may prescribe. Before such circulating notes, or any 
part of the same, are delivered to a bank, they shall be numbered 
and registered in proper books to be provided and kept for the pur- 
pose in the office of the comptroller-general, and shall be counter- 
signed by him in the presence of one or more of the commissioners, 
so that each denomination of such circulating notes shall be of the 
same similitude and bear the uniform signature of such register. 

§1931. Application for notes to be filed and verified. Whenever any 
bank or banking association, now or hereafter chartered by the 
laws of this State, shall desire to issue circulating notes, such bank 
or banking association shall make and file with the commissioners 
aforesaid a written application, verified by the oath of the president 
and cashier, and of a majority of the directors of such bank or bank- 
ing association, in which application shall be shown: 

1. The name of such bank or banking association. 

2. The place where its operation and business shall be carried on. 

3. The amount of its capital stock and the number of shares into 
which the same is divided. 

4. A transcript of the records of such bank or banking association, 
showing the names and places of residence of the shareholders and 
the number of shares held by each. 

5. The amount of capital stock actually paid by each shareholder 
on his shares. 

6. The compliance of such bank or banking association with all 
other conditions and requirements necessary to authorize it to 
become a bank of issue as herein provided. 

7. That such application is made to enable it to avail itself of the 
provisions of this Article. 

§1932. Truth of application to be investigated. When such applica- 
tion is filed, it shall be the duty of the commissioners to inquire 



55 SECOND TITLE.— CHAP 2, ART. 1, SEC. 4. §§1933-1939 

Circulation of notes by State banks. 

into the truth of the recitals in such application, and they may- 
require of each or any of the shareholders a statement under oath 
showing his financial condition, and may require of any officer or 
director any other or further statement under oath showing the 
financial condition of the bank or of the shareholders. 

§1933. Capital paid in to be not less than $25,000. The capital stock 
of such bank or banking association shall not be less than twenty- 
five thousand dollars, bona fide subscribed and fully paid in by the 
stockholders in gold, silver, or lawful currency of the United States. 

§1934. One-half for redemption. One-half of the cash paid in on 
the capital stock shall be set apart and kept on deposit in the vaults 
of said bank as a fund for the redemption of the bills issued by said 
bank, and shall be used for no other purpose. 

§1935. One-half invested in bonds. The remaining half of the capi- 
tal stock so paid in shall be invested in valid county, municipal, 
State, or United States bonds, as follows : Not less than one-half 
of said sum shall be invested in valid State bonds or bonds of the 
United States, but the balance may be invested in the valid bonds 
of any county or municipality in this State: Provided, however, that 
none of said bonds are below par of their face value: And provided 
further, that the commissioners aforesaid shall approve such bonds. 

§1936. Bonds to be deposited with treasurer. Said bonds, when so 
purchased by said bank or banking association, shall be deposited 
with the treasurer of the State of Georgia, and by him safely kept 
until the same are released as hereinafter provided. 

§1937. Amount of notes to be issued to bank, etc. When such bank 
shall have complied with the provisions aforesaid, it shall be the 
duty of said commissioners to issue to said bank such an amount of 
circulating notes as will be equal to three times the amount of 
United States legal tender coins or currency deposited in said bank; 
the circulating notes thus issued shall be of different denominations 
as the bank may prefer, numbered, registered and countersigned as 
aforesaid, and shall constitute a first and prior lien on all assets of 
the bank. 

§1938. Redemption of notes. The circulating notes thus issued and 
put in circulation by such bank shall be promptly redeemed and 
paid in legal tender United States coin or currency when presented 
and payment demanded by the holder at the office of such bank, 
and failure or refusal by such bank to so promptly redeem and pay 
its said notes on demand as aforesaid shall subject it to all the pen- 
alties and liabilities provided by the laws of this State. 

§1939. Security for redemption of notes. The bonds deposited with 
the treasurer of this State, and also the United States legal tender 
coin or currency set apart and kept on deposit in the vaults of said 
bank, and all other assets of the bank, shall each and both be and 



§§ 1940-1944 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 4. 56 

Circulation of notes by State banks. 

remain security in pledge for the redemption and payment of the 
circulating notes aforesaid, and as additional security for such pur- 
pose the shareholders of said bank or banking association shall be, 
and they are hereby made, liable to the extent of the amount of 
their stock therein at the par value thereof, in addition to the amount 
invested in such shares, which liability shall be and remain an addi- 
tional security for the redemption of such circulating notes; and 
whenever any impairment or reduction of the fund in the vaults of 
the bank devoted to the redemption of the bank's circulating notes 
shall occur, so that such fund amounts to less than one-third of the 
amount of outstanding circulating notes, such redemption fund shall 
be immediately increased to an amount equal to one-third of the 
outstanding circulating notes of the bank. 
$$i888,i9ii. §1940. When personal liability of stockholder ceases. The personal 
liability of shareholders to the amount of their stock, shall not 
cease for the period of sixty days from date of any transfer of such 
shares of stock by them. 
$$i9ii,i888. §1941. Cash reserve. Such bank shall at all times have and keep 
as a reserve fund, in cash, an amount equal to at least twenty-five 
per cent, of the aggregate amount of its deposits in such bank. 
The shareholders shall be personally liable in an amount which, to- 
gether with the amount of their liability for the security of the cir- 
culating notes aforesaid, shall equal the amount of their stock in such 
bank at the par value thereof: Provided, hoivever, that such personal 
liability is hereby pledged, first for the security of the circulating 
notes aforesaid, and subject thereto for the security of depositors. 

§1942. Reserve to be made good. Whenever it shall appear to the 
commissioners, that any such bank has permitted the reserve fund 
for security of depositors, to fall below the amount prescribed, the 
commissioners shall at once notify such bank to make good such 
reserve; and if such bank shall fail for thirty days thereafter to make 
good such reserve, the Governor shall direct the attorney-general to 
institute legal proceedings in the superior court where such bank is 
located, for the appointment of a receiver, and for the winding up 
and settlement of the affairs of such bank. 

§1943. Depreciation of bonds. If at any time any of the bonds 
deposited by said bank shall become valueless or depreciate in value, 
the commissioners are authorized and directed to require the banks 
to which the same belong to replace said bonds with good and valid 
bonds, so that the value of said bonds deposited shall always remain 
equal to the amount of the deposit required by the provisions of this 
Article. 

§1944. Draw interest on bonds. The commissioners shall make and 
deliver to every bank which may deposit bonds with the treasurer of 
this State, in the terms of this Article, a power of attorney to receive 



57 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 4. §§ 1945-1948 



Circulation of notes by State banks. 



the interest due on said bonds at any time; but they shall revoke 
such power of attorney whenever in their judgment the safety of the 
bill-holders requires it, and all interest received on such bonds by 
the commissioners shall be held in trust on account of such bank. 

§1945. Bonds, how withdrawn. The bonds so deposited with the 
treasurer shall not be withdrawn until said bank shall have redeemed 
all of its circulating notes and paid all of its depositors, unless nec- 
essary to sell or have sold for the purpose of liquidation: Provided, 
that any such bank or banking association shall have the privilege 
at any time of paying to said commissioners, to be turned into the 
State treasury an amount of lawful money of the United States 
equivalent to its outstanding circulating notes, and shall thereupon 
be entitled to withdraw its bonds there deposited with said commis- 
sioners; and the holders of said circulating notes shall thereafter 
present the same to the State treasurer for redemption or payment, 
and the said State treasurer shall pay the same out of the said law- 
ful money of the United States so paid by such bank or banking 
association. 

§1946. Quarterly reports. Every such bank shall make quarterly 
reports during each year to said commissioners according to the 
form prescribed by the latter, which reports shall be verified by the 
oath of the president or cashier of such bank, and attested by the 
signatures of at least three of the directors. Each report shall ex- 
hibit in detail and under appropriate heads the resources and liabil- 
ities of said bank at the close of business on any past day by said 
commissioners specified. Such report shall be by said bank trans- 
mitted to said commissioners within five days after the receipt of a 
requisition therefor from the commissioners, and the same shall be 
published in the newspaper in which sheriff's sales are published for 
the county wherein said bank is located, at the expense of said bank; 
and proof of such publication shall be furnished by said bank to said 
commissioners as required by them. Said commissioners shall also 
have power to call for special reports from any particular bank, 
whenever in the judgment of said commissioners the same is neces- 
sary in order to a full and complete knowledge of the condition of 
such bank. 

§1947. Bank-examiner to report. It shall be the duty of the bank- 
inspector to visit every such bank as often as directed by said com- 
missioners, and make thorough examination of the affairs of such 
bank, with full power to examine any of the officers or agents of 
such bank on oath; and make a full and complete report of the 
condition of such bank to said commissioners. 

§1948. Limit on loans. It shall be unlawful for any such bank to 
loan in the aggregate more than twenty-five per cent, of the amount 
of its capital stock to the officers and directors thereof, or to loan 



§§ 1949-1954 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 4. 58 

Circulation of notes by State banks. 

more than ten per cent, thereof to any one of such officers or 
directors. 

§1949. No loans on indorsement by bank officers. It shall be unlaw- 
ful for such bank to loan any of its funds to any person or persons 
on the indorsement of any of its officers or directors. 

§1950. Dividends and surplus. No dividend shall be declared by 
any such bank until after the net earnings shall reach an amount 
equal to five per cent, of the capital stock, which five per cent, shall 
constitute a surplus, to which shall be added annually thereafter 
five per cent, of the net earnings of the bank, and no dividend shall 
be declared at any time except from the net earnings after deduct- 
ing therefrom five per cent, of the same to be added to the surplus 
as above provided. 

§1951. Bonds of cashier. The cashier of the bank availing itself 
of the privilege of doing business under the provisions of this Arti- 
cle, shall be required to furnish the Governor of the State a good 
and sufficient bond in an amount equal to the redemption fund held 
in the vaults of such bank, and this bond shall be conditioned for 
the good and faithful stewardship of said redemption fund, as 
provided by law, and which, in all instances, shall equal one-half of 
the paid-in capital of the bank, said bond to be deposited with the 
State treasurer, and made payable to said treasurer. 

Acts 1895, §1952. Banks organized prior to December 16th, 1895. Any bank or 
banking association organized prior to December 16th, 1895, may 
issue notes under the provisions of this Article, without reference 
to the amount of its capital stock or to the manner in which the 
same is invested, whenever such bank so existing shall deposit with 
the State treasurer, as provided herein, bonds of the United States 
or of the State of Georgia in double the amount of the circulating 
notes to be issued by it. 

Acts 1894, §1953. Banks of this State may issue notes. All banks incorporated 
under the laws of this State, are authorized to issue circulating 
notes under such terms and conditions as may be prescribed by the 
Congress of the United States. 

Acts 1894, §1954. State treasurer bank depository. In the event of any act 
of Congress requiring that a deposit be made with some designated 
officer of this State as a condition precedent to any bank issuing 
circulating currency, the treasurer of this State is hereby desig- 
nated as the officer with whom said deposit should be made, and the 
said treasurer will be authorized to receipt for and assume the safe- 
keeping of the same. 



59 SECOND TITLE.— CHAP. 2, AKT. 1. SEC. 5. §§ 1955, 1956 



Obligations and penalties. 



SECTION 5. ^^ ^u^ 7UZL, 

OBLIGATIONS AND PENALTIES. & S <J '- *jf^ 

§1955. (1472.) Prohibitions on banks. Banks of this ms&e shall ' A p ct 2 s 8 1857 - 

n ot— " I860, p. 21. 

1. Sell any kind of exchange except sight checks, or demand or 
receive for exchange, in or out of this State, of any citizen thereof, 
a greater premium than one per cent, upon the amount of exchange 
sold, when the bills of the bank from which the exchange is sought 
are presented at its counter in payment thereof. 

Notes held as collateral security for notes for the loan of money by the 
bank for more than seven per cent, interest, this fact may be plead in defense 
to suit : 50 Ga. 70. Dollar Savings Bank of Atlanta had no right to charge 
higher interest than allowed by law : 54 Ga. 190. 

2. Issue paper or promises to pay, intended to be used as money, ^^flu 
redeemable otherwise than with gold or silver coin, at the standard Actsi874, 

. P- 18. 

value thereof, or in lawful currency of the United States. 

What certificate of deposit is in violation of the Act of 1837 : 21 Ga. 297. 
Section cited and construed : 46 Ga. 563-566. 

3. Issue such payment, or pay, or tender in payment, any paper ^ t ^ 7 { 02 
payable at a greater length of time than three days from the date 
thereof. 

Act of 1837 only applies to post-notes: 7 Ga. 84. What certificate of de- 
posit is void under this prohibition : 30 Ga. 580. 

4. Issue, pay away or circulate any bank-bill, note, ticket, or ^?*£b 2 9o 
paper, of the nature or appearance of a bank-note meant for circu- A q^\ 20 
lation, or of a denomination less than five dollars, with the excep- Aets i, 85 i; 2 < 

7 ' L pp. 21,26. 

tion that all solvent and specie-paying banks, or paying currency as 1874 > p- 18 - 
aforesaid, may issue small bills of the denominations, one, two, 
three and four dollars, to an amount not exceeding twenty per cent. 
of their capital stock, to be computed as part of their circulation. 

The setting apart of bank-bills as a pledge or a security is not an issuing of 
such bills as currency : 1 Ga. 435. 

5. Issue bills beyond the amount specified in their charter. 

§1956. (1473.) Qualification of preceding section. Nothing in the Act ^ 9 1859 ' 
foregoing shall be so construed as to restrict the bank to said rate, 
in the sale or purchase of foreign bills, provided that the said 
foreign bill is a bona fide commercial bill, and not a loan or accom- 
modation by the bank; and that the exchange is a legitimate 
commercial exchange, and the transaction not in fact a loar? or 
accommodation in which the law is attempted to be evaded by re- 
sorting to the form of a bill of exchange, foreign bill or draft. 



§§ 1957-1963 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 5. 60 

Obligations and penalties. 

Act | 2 1873 ' §1957. (1474.) Banks may charge same rates. of interest as individuals. 
Banks incorporated by the laws of or doing business in this State 
may make the same contracts respecting the rate of interest to be 
paid for the loan of money, as are lawful between individuals, and 
shall be liable to the same penalty, and no other, incurred by indi- 
viduals when they lend money at a greater rate of interest than that 
authorized by law; and all laws now in force respecting the rate of 
interest charged for the loan of money by individuals, shall be 
applicable to banks doing business in this State. 

Section cited: 57 Ga. 96-98; 72/811. 

§1958. (1475.) Penalty for violating the first item of section 1955. 
For a violation of number 1 of section 1955, the person paying the 
premium may recover three times the amount of the excess by a 
summary proceeding before any court having jurisdiction, on which 
judgment may be rendered at the first term. The suit may be 
either against the bank, its officer or agent; in either case the prop- 
erty and effects of the bank are subject to the judgment. 

A Cobb 87 i03 §19^9- (1476.) Penalty for violating the second and third items of sec- 
tion 1955. For a violation of numbers 2 and 3 of section 1955, the 
bank forfeits one thousand dollars for each bill or paper so issued, to 
be recovered by action at the suit of the informer — one half to go to 
him, the other half to the educational fund of the county where the 
recovery is had. 

§1960. (1477.) Mode of proof prescribed. The officer or agent who 
received the premium shall appear without any other process than 
the service of the writ, and bring his book having the original entry 
of the transaction, and give evidence in the case. If he fail to appear, 
the affidavit or testimony of the plaintiff shall be received. 

§1961. (1478.) Penalty of violating fourth item of section 1955. For 
the violation of number 4 of section 1955, the bank forfeits five 
hundred dollars for each small bill so issued beyond the twenty per 
cent., or amount allowed by charter, to be recovered as in cases of 
numbers 4 and 5, unless a different penalty is prescribed by charter. 

Section cited : 50 Ga. 73. 

$1965. §1962. (1479.) Penalty for violating fifth item of section 1955 . For 

the violation of number 5 of section 1955, the bank so violating for- 
feits its charter. 

§1963. (1480.) Obligations on banks. The banks of this State 
shall — 

A oobb 18 «7 1* -^ a y s P e °i e f° r an y °f their bills, notes, drafts, or other obliga- 
tions, when due and demanded by the holder. 

Acts g i857, 2. Receive their own bills, notes, certificates of deposit, or other 
evidence of debt, in payment of debts due them. 



61 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 5. §§ 1964-1969 

Obligations and penalties. 

3. Receive their own bills at par, whether issued or made payable A co^ 32 { 01 
at the parent bank or any of its branches, in settlement of debts 
or balances due either, and when notes or other obligations are dis- 
counted by any bank, and become transferred to another bank, they 
continue payable in the bills of the bank where discounted. 

Debts contracted with a bank: 18 Ga. 65, 109-110. In reference to the Act 
of 1832, paper discounted and held by a bank is payable in the bills of the bank : 
24 Ga. 249. As to the ultimate liability of shareholders to redeem bills of the 
bank, held, this point was not made by the bill in this case : 61 Ga. 615. 

§1964. (1481.) Penalty for violating first item of section 1963. For A ^g 2 i 00 
the violation of number 1 of section 1963, the bank shall pay, A p ct | ^ 859 ' 
besides the legal interest, twenty-five per cent, damages, each of 
which must be specified in the verdict and judgment, and the exe- 
cution issued thereon shall be collected in specie. 

Demand by bill-holder on the receiver after forfeiture of the charter did not 
entitle him to the ten per cent, damages under the Act of 1832: 7 Ga. 80. 
Justice of the peace court has jurisdiction to award judgment against a bank, 
with interest and ten per cent, damages, under the Act of 1832: 12 Ga. 531. 

§1965. (1482.) Proceeding for such violation. The Governor shall $1883- 
also cause judicial proceedings to be instituted against such bank 
for the forfeiture of its charter, but the defaulting bank may, within 
five days after such demand and refusal, produce satisfactory evi- 
dence that there was an indebtedness then due to said bank by the 
person demanding specie, equal to the amount demanded, and the 
Governor may, in his discretion, forbear or postpone the proceeding. 

§1966. (1483.) Penalty for violating second and third items of section 
1968. For the violation of numbers 2 and 3 of section 1963, the bank 
shall forfeit to the debtor twenty per cent, upon the amount, to be 
recovered by special suit in his favor, or in any other form of litiga- 
tion between them. The special deposit of the proper amount in 
another bank, or in the hands of a solvent stakeholder, with notice 
to the bank, is a payment. « 

§1967. (1484.) The term "bank" includes what. The term "bank" 
includes the parent bank, its branches if any, and agencies, its officers 
of every description, and agents, in construing the violation of an 
obligation or the imposing a penalty for the acts of whom the bank 
or branches, as the case may be, is bound. 

§1968. (4431.) Declaring dividends, etc. No dividends shall be 
declared by any bank except from the net profits, nor shall the capi- 
tal stock be applied in the purchase of its own shares. 

§1969. (1485.) For what, charter may be forfeited. Bank charters ^g® 3 ' 1962, 
are subject to forfeiture for the same general grounds as those of 
other corporations, and also — 

1. For the violation of any of the provisions of their charters. 



§§ 1970-1972 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 5. 62 

Obligations and penalties. 

2. For the violation of any obligation imposed by law, unless con- 
trary to the contracts of their charters. 

3. Whenever it is demanded by special enactment. 

The bankruptcy of bank does not operate as a forfeiture of its corporate 
existence : 60 Ga. 174-180. 

A Cobb!°ii5. §1970. (1486.) Proceedings to forfeit. When the Governor is in- 
A cobb 4 n8. f° rme d- that a bank incurs the penalty of a forfeiture, he shall cause 
$1883. £] ie attorney-general to institute proceedings therefor in the county 
where the bank or parent bank is located, and in his discretion may 
employ assistant counsel to aid therein, and pay him out of any 
money not otherwise appropriated. If there is a verdict of forfei- 
ture rendered on the trial, the judge shall pronounce the judgment 
for all purposes whatever, saving the use of its corporate name in 
collecting and paying its debts, and in conveying its real and per- 
sonal estate, which power shall be exercised by a receiver appointed 
by the court for that purpose at that time, or any time, upon the 
application of the prosecuting officer showing good cause. 

Redeeming liabilities in gold and silver under the Act of 1840, relieved the 
bank from the forfeiture it had incurred under its charter : 1 Ga. 27-31. The 
Act of 1840, providing for the appointment of a receiver under this section, is 
not unconstitutional : 5 Ga. 239. The Acts of 1832-3, authorizing the Governor 
to appoint a receiver to take charge of the assets of the Bank of Macon, are 
con'stitutional : 9 Ga. 253. No receiver where there was a valid assignment 
and no necessity for its being set aside : 59 Ga. 271. 

Act 1842 §1971. (1487.) Duty of receiver. It is the duty of such receiver — 

$4900. i rp Q p rom ptiy collect the debts due said bank, and to convert 

the property into cash or available assets as soon as practicable. 

2. To pay the creditors pro rata semi-annually, according to the 
dignity of their claims, unless there is sufficient to pay all. 

3. To pay the holders of the bills before other creditors, if they 
give notice of their claims within six months. 

This applies only where there has been a forfeiture of the charter and a re- 
ceiver appointed : 37 Ga. 614. 

4. To give notice to said bill-holders and other creditors, by a 
three months publication in some public gazette of the State. 

5. To make annual returns of his receipts and disbursements to 
the judge of the superior court of the county, at the first term held 
every year; to produce vouchers and swear to the return, which shall 
be passed upon by said judge, and entered on the minutes by the 
clerk. 

6. To distribute the assets, after paying all the debts of the cor- 
poration, among the stockholders in proportion to their stock. 

A Cob?> 42 ii9 §1972. (1488.) Compensation of receiver, etc. On failure to com- 
ply substantially with any of the above requirements, he forfeits his 



63 SECOND TITLE.— CHAP. 2, AET. 1, SEC. 5. §§ 1973-1976 

Obligations and penalties. 

compensation. His compensation shall be the same as that allowed 
administrators; but upon special application, the court may allow, 
for good cause shown, additional compensation. 

§1973. (1489.) Order of paying debts of insolvent banks. If the$ 3424 - 
bank is insolvent, the order of paying off the debts shall be the 
same as is prescribed in cases of administration, to the extent appli- 
cable, except where special preference or postponement is given by 
law. 

This section and paragraph apply only where there has been a forfeiture of 
the charter and a receiver appointed by the court, and not where there has 
been an assignment : 37 Ga. 614 ; 74/252. The rule of distribution fully laid 
down: 40 Ga. 391,392. 

§1974. (1490.) Inwhat funds debts due are to be paid. Debtors are 
not, in such a case, allowed. to pay their debts to the receiver in bills 
of the bank at their par value, unless accompanied by an affidavit 
that they are the identical bills received from the bank by which 
the debt was created. 

A bill-holder is held to the same rule ; he must be a bona fide holder of the 
bills, and show the time of the purchase, from whom he purchased, the 
amount paid ; and each claimant has the right to contest the showing made by 
every other, as to the quantum of consideration paid for the bills : 40 Ga. 
391, 392. 

§1975. (1491.) When stockholders are suable. If the assets of the A co* b 42 i 19 
bank are insufficient to pay all its liabilities, the receiver shall $ 1886 - 
bring suit against the stockholders in his own name for their unpaid 
stock to an amount which will be their proportion or the liquida- 
tion of all the debts; and on his failure to do so, any creditor may 
use his name for that purpose. 

When the outstanding unpaid stock subscription is payable to the assignee : 
60 Ga. 615. Disability of a director who is also a stockholder to purchase 
in claims to be used as a defense against a suit v s . himself : 60 Ga. 174, 175. Bill 
by judgment creditors to recover in unpaid stock subscription, statute of lim- 
itation: 58 Ga. 541. Liability for unpaid stock subscription, and where re- 
ceiver fraudulently combines with the stockholders, and neglects or refuses to 
do his duty, creditors may collect it in : 8 Ga. 486. The liability of the stock- 
holders to the bill-holders survives the dissolution of the charter: 11 Ga. 459. 
Bill by the assignee of the bank against the stockholders of another insolvent 
bank to make them contribute ratably under their charter, not demurrable: 8 
Ga. 527. Bill for an account by a judgment creditor against the assignee of 
a bank to make him show ?s to the assets: 12 Ga. 601. Receiver's reasonable 
expenses are legitimate charges against the trust fund : 18 Ga. 65. Any de- 
fense available to the defendant against the bank is also admissible against 
the receiver thereof: 24 Ga. 249-251. 

81976. (1492.) Abatement of suits. Suits do not abate by reason Act 1842, 

. . . . Cobb, 119. 

of a vacancy in the receivership, but proceed, on motion and with- $$5024, 6033. 
out any scire facias, in the name of the new receiver. 
It proceeded formerly upon scire facias: 12 Ga. 437. 



§§1977-1979 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 5. 64 

Obligations and penalties. 

$2698. §1977. (1493.) Assignment by banks . When a bank surrenders its 

charter, or the use thereof, it may make, in good faith, an assign- 
ment of all its effects for the payment of its debts, as natural 
persons may, but it cannot thereby prevent such preference among 
its creditors as the law gives. 

In an action against the assignee of a bank, a plea that there was an as- 
signment made to him, and a plea that he, the defendant, is not the assignee of 
the bank, are pleas to the action, and go to the merits: 7 Ga. 90. Where the 
rights of a party plaintiff depend upon the facts that an assignment was made 
by a bank to the defendant, and that defendant is an assignee, he must 
prove these facts, notwithstanding they are recited in a public act of the leg- 
islature : 7 Ga. 90. An assignment made by a bank when insolvent and to 
defraud creditors, is void : 8 Ga. 506. Bill by a receiver to set aside an assign- 
ment by a bank ; not void because amount assigned may be in excess of indebt- 
edness: 10 Ga. 10. An assignment to which creditors are not parties or 
consenting thereto, does not deprive them of a right to sue stockholders and 
directors for a breach of duty : 24 Ga. 274. Statute ratifying an assignment 
and the appointment of the assignee makes him a receiver for the people, and 
not liable to demand and forfeiture: 7 Ga. 79-83. A receiver or assignee fail- 
ing to do his duty, a creditor may proceed in his own name against the stock- 
holders, but in this case the receiver should collect in the unpaid stock : 8 Ga. 
487-504. An assignment made by a banking company which was ratified by 
the legislature and accepted by the assignee, he cannot, by subsequent renun- 
ciation of the trust, relieve himself from liability : 30 Ga. 770. What assign- 
ment is not obnoxious to the 13th and 17th Elizabeth : 37 Ga. 611. A judgment 
obtained subsequently to the assignment takes no priority in the distribution 
of the assets : 37 Ga. 611. The president and cashier of a bank, authorized at a 
meeting of the stockholders, are the proper persons to execute an assignment 
for it : 56 Ga. 252. Where the assignment was prompted by the shareholders, 
the insolvency of the bank and the surrender of its charter, the stock sub- 
scription was payable to the assignee: 61 Ga. 615. Cannot displace the as- 
signee by a receiver when no danger shown to the assets in assignee's hands: 
59 Ga. 271. 

Bank, although charter not surrendered, may assign, but cannot affect legal 
priorities, etc. — State's priority : 66 Ga. 609, 615. 

Neither a bank nor a natural person can, by assigning, prevent such prefer- 
ence as the law gives : 74 Ga. 251. 

$4900. §1978. (1494.) How it may be set aside. A creditor or stockholder 

may move, in six months, to set aside such assignment, by petition 
addressed to the superior court of the county where the bank is lo- 
cated, setting forth the grounds of complaint, which shall stand for 
trial before a special jury at the first term of the court. 

This section only applies where there has been a voluntary surrender of the 
charter: 56 Ga. 252. Where no danger to the assets shown, the assignee not 
to be displaced by a receiver: 59 Ga. 271. 

Assignment set aside and receiver appointed for insolvent bank, receiver 
has all the rights of the assignee : 86 Ga. 284. 

§1979. (4429.) Transfers, etc., when fraudulent. All conveyances, 
assignments, transfers of stocks, or other contracts made by a bank 



65 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 6. §§ 1980-1984 

Suits against banks. 

in contemplation of insolvency, or after insolvency, except for the 
benefit of all creditors and stockholders, shall be fraudulent and 
void, unless made to an innocent purchaser for value without notice 
or knowledge of the condition of the bank; and the officers making 
or consenting to such conveyances or contracts shall be punished as 
provided in the Penal Code. 

Assignment by insolvent bank for benefit of creditors, gives assignees right 
to sue for property illegally transferred to another : 86 Ga. 284. 

Effects fraudulently transferred under this section, may be recovered by 
receivers of the bank : 86 Ga. 284. 

To render void transfers by insolvent banks under this section, not neces- 
sary to first prosecute officers : 86 Ga. 284. 

An insolvent bank may not prefer one creditor over another, if creditor 
takes with notice of insolvency : 86 Ga. 284. 

"Effects" includes money, notes and securities, under this section : 86 Ga. 284. 

§1980. (1495.) How want of assignee may be relieved. A good$ 2 t>98. 
assignment shall not fail for the want of an assignee, but the court, 
in vacation or term time, may appoint a receiver who shall execute 
the assignment. 

Receiver stands in shoes of assignee, with all his rights, privileges, and 
powers, but none other: 74 Ga. 251. 

Law regulating bank receiverships under charter forfeiture, inapplicable to 
voluntary assignments by banks : 74 Ga. 252. 

§1981. Liability of collecting bank. In the absence of a contract, 95 Ga - 277 - 
express or implied, to the contrary, a bank taking paper for collec- 
tion is liable for the defaults of its agents and correspondents to 
whom the paper has been intrusted for collection. 

As to diligence required of bank in presenting check cashed by it to drawee 
in another city ; what will release accommodation indorser : 95 Ga. 376. 

§1982. (4428 a.) Insolvent bank receiving deposits. If any insol- 
vent bank or banker, with knowledge of such insolvency, shall 
receive money on general deposit, and fail to pay the depositor 
within three days after demand, such banker or officer in charge of 
the bank receiving the deposit shall be punished as prescribed in 
the Penal Code. 



SECTION 6. 

SUITS AGAINST BANKS. 

§1983. (3413.) Banks, where sued. It shall be lawful to sue any Acts ^862-3, 
of the incorporate banks of this State, in any county thereof, for J^ 
any acts of their agents, where said banks or corporations may now 
have, or hereafter may establish, an agency. 

§1984. (3414.) Service of process. Service of the process upon ^If/lf 2 " 8 ' 
the agent of any such banks shall be as legal and effectual as 162 - 
5 



§ 1985 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 6. 66 



Suits against banks. 



if served on the president, cashier, or bank at its usual place of 
business. 

^ppfiwf" 3 ' §1985. (3415.) Proceedings. When such process is served upon 
162, such agent, the proceedings thereafter shall be conformable to the 

provisions of existing laws in suits against banks; and the judg- 
ment, when obtained, shall be as binding and effectual as judgments 
against banks now are by law. 

General Note on Banks. — (For notes on Corporations generally, see Chapter 
1, of Corporations, ante.) 

Notes embraced in Code of 1882 : 

Assignments do not deprive creditors, not consenting, of the right to sue 
stockholders : 24 Ga. 274. Where an assignment was made and the charter 
surrendered, suits for the recovery of stock subscription should be brought 
in the name of the assignee : 61 Ga. 615. As to banks : 37 Ga. 611 ; 56/251 ; 59/270. 

Bailees, national banks acting as, responsible for gross negligence: 58 Ga. 369. 

Bank-book, entry on, equivalent to a receipt for money, and establishes the 
relation of debtor and creditor between the bank and the depositor: 58 
Ga. 56-62. 

Bank-notes, loser of, can require payment by the bank upon offering suitable 
indemnity : 18 Ga. 67. And statutes passed for protection of, are to be liberally 
construed: 18 Ga. 66. Circulation of, when below par, is not illegal, and the 
holder may collect in full, although he obtained them at a discount: 26 Ga. 17. 
Statutes of limitation do not generally apply : 13 Ga. 288, 299. In a suit against 
a bank assignee upon bank-notes, where there is no plea in of non est/actum, it 
is not necessary to prove the execution thereof: 30 Ga. 770. 

Cashier, notice to, is notice to the bank: 17 Ga. 100; 6/44. Bank liable for 
the contracts and engagements of, made in accordance with commercial usage, 
and which appertain to his office: 1 Ga. 418; 7/84; 10/9. Indorsement by, is 
prima facie the indorsement of the bank : 16 Ga. 458. Bank bound by unau- 
thorized act of, if indorsed and acquiesced in by the directors : 20 Ga. 276. 

Charters, construction of; Bank of Darien : 18 Ga. 65. Bank of Fulton : 31 
Ga. 69. "Western Bank of Georgia: 1 Ga. 27. Bank of Hawkinsville : 17 Ga. 
101; 1/430. Central Bank: 1 Ga. 432; 2/92; 11/346; 17/111, 117-193. Manu- 
facturers Bank of Macon : 12 Ga. 170-174. Commercial Bank of Macon : 12 Ga. 
104-107 ; 21/513 ; 16/289. Planters and Mechanics Bank of Columbus : 10 Ga. 
162; 11/460; 18/318-411; 19/325; 20/275; 21/297; 24/273 ; 26/17 ; 30/580. Plant- 
ers and Mechanics Bank of Dalton : 31 Ga. 371. Southern Bank of Georgia: 
27 Ga. 252. Where forfeiture by suspension, the bank may be relieved by sub- 
sequent legislation, which will also affect stockholders: 1 Ga. 27. Held to be 
a contract, and each stockholder bound by the provisions of this contract thus 
constituted by the charter: 19 Ga. 325. And each stockholder has the right to 
stand upon the contract as provided by the charter: 40 Ga. 582. Where signa- 
tures of the president and cashier are required to be affixed by the charter, bills 
signed by the vice-president and assistant cashier held not binding: 31 Ga. 371. 

Check, duties of holder as to presentation in reasonable time, as affecting the 
rights of the drawer : 5 Ga. 240 ; 44/406 ; 1/304. Liability of bank as to : 46 Ga. 
487; 42/244. 

Deposits, certificates of, issued contrary to the provisions of the charter, are 
void : 21 Ga. 297. Drawn out by an agent with apparent, although doubtful 
authority, which was afterwards ratified by the action of the principal, renders 
it valid so far as it affects the bank : 57 Ga. 284-303. 



67 SECOND TITLE.— CHAP. 2, ART. 1, SEC. 6. §1985 



Suits against banks. 



Directors, where liable by the terms of the charter for the breach of the 
charter, their liability is remedial, not penal ; joint, not several : 18 Ga. 318. 
Responsible for the illegal and unauthorized acts of the cashier, when : 20 
Ga. 275. Are not responsible for an overissue after the expiration of the char- 
ter: 21 Ga. 513. But see: 16 Ga. 289. The board of, have authority to bind 
the bank while acting within the usual scope of general usage, practice, and 
course of business of such institutions, so far as third persons are concerned, 
who have no knowledge to the contrary : 18 Ga. 412. Powers of corporations 
generally, unless restricted by charter or laws, extend to ordinary powers : 
45 Ga. 34, 35. 

Evidence, bank-books are, both for and against the bank : 18 Ga. 318. But 
the books are subject to explanation : 7 Ga. 190, 191. In a suit as to ownership 
of stock, declarations of the officers and agents of the bank are not admissible 
as against third parties : 19 Ga. 338. A transfer of stock to the extent of the 
amount transferred, is evidence against the party transferring, as to his owner- 
ship thereof : 20 Ga. 275. 

Organization, without the payment of the stock required by the charter, is a 
nullity ; 12 Ga. 171. But this may be cured by subsequent legislation : 18 Ga. 
412. Fraudulent organization cannot be set up as a defense against the pay- 
ment of an acceptance : 25 Ga. 534. 

Pleadings, in a suit on bank-notes it is not necessary to describe them by 
numbers and letters : 7 Ga. 79. Nor to aver and prove demand : 8 Ga. 469. In 
case, however, of a bank-note payable on demand at a particular time and 
place, demand must be averred and proven : 18 Ga. 287, 288. Statutes of limita- 
tions do not apply to bank-notes generally : 13 Ga. 287-299. In suit against an 
assignee on bank-notes, where there is no plea of non est factum, it is not nec- 
essary to prove the execution of the notes : 30 Ga. 770. How stockholder may 
plead non est factum : 16 Ga. 217. 

Shares, in action by bill-holders against stockholders, it is evidence of own- 
ership of shares by the transfer of stock made on the bank-books by the cashier : 
11 Ga. 459. 

State entitled as a creditor to priority of payment : 18 Ga. 65 : 8/470 ; 11/364 ; 
38/171 ; 37/240. By becoming a stockholder it does not divest itself of its 
sovereign right as creditor: 18 Ga. 65. As to State's priority of payment: 
66 Ga. 609. 

Stock, amount subscribed and not the amount paid in constitutes the capi- 
tal stock : 8 Ga. 486-500 ; 40/103. The capital stock is a trust fund for the ben- 
efit of the holders of the notes of the bank : 24 Ga. 273. 

Stockholders, a return of nulla bona on a fi. fa. against a bank is sufficient 
to authorize a bill-holder to bring suit against the stockholders personally : 
11 Ga. 460. But here the sheriff should give due and proper notice to the 
stockholders of his instruction to levy: 16 Ga. 217. Released by another 
verbally assuming his liability, and the bank ratifying the agreement: 24 Ga. 
540. As to liability for bad faith : 24 Ga. 273. Where personally liable for the 
ultimate redemption of bills : 8 Ga. 468 ; 11/459 ; 16/217 ; 18/411-444. The lia- 
bility as stockholders is statutory, and is not barred by statute of limitations 
until after twenty years : 11 Ga. 459, 460 ; 12/104 ; 30/581. Liability for the ul- 
timate redemption relieved by the redemption of the bills of the bank to the 
extent of the personal liability : 40 Ga. 391. Personal liability of stockholder 
continues after transfer, unless he complies with the Act of 1838 : 30 Ga. 99-101. 

Taxation, capital stock of a bank is not liable to taxation for county pur- 
poses : 28 Ga. 121. The Savings Bank of Macon , although it was chartered by the 
State, is liable to taxation on its business by the city, under its charter as a 



1986, 1987 SECOND TITLE.— CHAPTER 2, ARTICLE 2. 68 



Canal companies. 



private bank : 60 Ga. 133. A national bank cannot be taxed by municipal au- 
thority, and the attempt restrained by injunction: 59 Ga. 648. 

Usury, as to banks : 50 Ga. 75 ; 57/96. 

Notes mainly from decisions since Code of 1882 : 

Bailment, diligence required of bank receiving property gratuitously on de- 
posit ; what necessary to relieve it of liability for theft of cashier : 95 Ga. 394. 

Cashier's agency not extend to assigning collaterals for loan obtained by one 
for cashier's benefit in fraud of bank, etc. : 92 Ga. 735, 739. Bank not bound by 
conduct and knowledge of cashier, in making loan, etc., for his own benefit, 
on note of another and stock as collateral : 73 Ga. 223, 224. Cashier of bank not 
liable in damages for failure to notify customer of insolvency : 77 Ga. 152. 

Charter of bank is public law, and courts take cognizance thereof: 31 Ga. 
69; 66/177. 

Check, bank paying forged check, not relieved of liability, because acted in 
good faith: 85 Ga. 293. Taken by bank here for collection merely, although 
credited on depositor's account as check, and not cash : 95 Ga. 277. Liable for 
own or subagent's fault in failing to collect promptly: 95 Ga. 277. Cashed by 
bank ; as to diligence required in presenting to drawee in another city, and 
what will release accommodation indorser : 95 Ga. 376. 

National bank, having gone into voluntary liquidation, liable to actions as 
domestic corporation : 65 Ga. 603. 



ARTICLE 2. 



CANAL COMPANIES. 



Acts 1893, §1986. Canal companies, how incorporated. Any number of per- 
sons, not less than five, desiring to be incorporated as a company 
for the purpose of constructing, operating and maintaining a canal, 
may file with the secretary of State a petition setting out the names 
and domicile of the petitioners, that they desire to be incorporated 
as a canal company, the name under which they desire to be incor- 
porated, the route as nearly as possible of the proposed canal, the 
headquarters of the corporation, the amount of the capital stock 
and the number of shares into which divided; and pay to the secre- 
tary of State a fee of one hundred dollars to be covered by him into 
the treasury of the State. 

Acts 1893, §1987. Certificate. Thereupon the secretary of State shall issue 
to the petitioners a certificate as follows: 
Georgia. 
To whom it may concern — Greeting : 

having filed their petition in the terms of the law, pray- 
ing to be incorporated as a canal company, they and their associates 
and successors are hereby declared to be a body corporate for the 
period of thirty years, under the nama of , with power to con- 
struct, maintain and operate a canal in and through , with 



69 SECOND TITLE.— CHAPTER 2, ARTICLE 2. §§ 1988, 1989 

Canal companies. 

such powers, privileges and liabilities as now or hereafter prescribed 
by law. 

Witness my official hand and seal of State, this day of 

, 18-. 

§1988. How organized. Upon the issuance of the certificate, the Acts isqs, 
persons therein named, their associates and successors, shall be and 
become a body corporate for the period of thirty years. Said peti- 
tioners shall constitute the first board of directors; they shall 
organize by electing one of their number president, and such other 
officers as may be necessary, prescribe rules and by-laws, and open 
books of subscription for the capital stock. When all the capital 
stock has been subscribed for and ten per cent, thereof paid in, 
notice of that fact shall be published three times in the public 
gazette in which the sheriff's sales are advertised in the county in 
which is situated the principal office of the corporation. ■ When this 
has been done the corporation is authorized to begin the transaction 
of business, but not before; and the directors and stockholders of 
said corporation shall be personally liable for all obligations in- 
curred prior to a compliance with foregoing requirements. 

§1989. General corporate powers. All companies incorporated Acts isqs, 
under this Article shall have power to sue and be sued, make con- 
tracts, lease, purchase, hold and sell such property, real and per- 
sonal, as may be necessary for the purposes of the corporation; 
construct and maintain a canal and branch canals, dams, races, 
weirs, aqueducts, reservoirs, tow-paths and all other appliances 
necessary to divert, take or use the waters of any stream or body of 
water in the State: Provided, they shall not, by building any dam in 
or across, or by diverting water from any navigable stream, destroy 
or obstruct the navigation of said stream: Provided further, that such 
fishways shall be placed in any dams at the time of the construc- 
tion of the dam as the fish commissioner of the State shall direct, 
and said fishways shall be kept in good order and repair by the 
canal company, and said company shall notify the fish commissioner 
of the proposed construction of any dam: And provided further, 
that they shall pay such landholders as may have riparian rights in 
any stream or body of water taken, diverted or obstructed, reason- 
able compensation therefor or for any damage done them. They 
may also enter upon, take and appropriate any lands and tene- 
ments necessary and appropriate for the purposes of the corpora- 
tion, upon first paying reasonable compensation therefor: Provided, 
however, that no company incorporated hereunder shall have power 
to construct or use any canal within the corporate limits of any in- 
corporated city, town or village, without first obtaining the consent 
of the proper corporate authorities of such city, town or village. 



§§ 1990-1996 SECOND TITLE.— CHAPTER 2, ARTICLE 2. 



70 



Canal companies. 



Acts 1893, 
p. 81. 



Acts 1893, 
p. 81. 



Acts 1893, 
p. 82. 



Acts 1893, 
p. 82. 



Acts 1893, 
p. 82. 



Acts 1893, 
p. 82. 



Acts 1893, 
p. 83. 



§1990. Dispute as to value of lands taken.. When any person or 
corporation shall feel aggrieved or damaged by any appropriation 
to the use of said company of any of his or their lands, tenements 
or riparian rights, and cannot agree with the company as to the 
amount of damage, the amount of such damage shall be ascertained 
as provided in this Code. 

§1991. Enlargement. Any company incorporated under this Arti- 
cle is authorized to enlarge any of the works or appliances of said 
canal or branch canals, and enlarge said canal anywhere along the 
line of the same by deepening and widening the same, making 
basins, dams, reservoirs, or otherwise; also to construct and build 
branch canals to and from said canal from any and all points, with 
the same privileges and rights as are granted in constructing the 
main canal and other works, and construct any dams, races, waste 
weirs, weirs, tow-paths and other structures, to improve and make 
available said canal or canals, under the same limitations as already 
set out in this Article. 

§1992. May furnish water to others. All such companies are author- 
ized to allow water to be drawn from said canal for the purpose of 
propelling machinery, irrigating lands, furnishing water for drink- 
ing, fire or any other purpose that the board of directors may deem 
proper, at any points along the line of the same, and charge for 
the use of said water. 

§1993. May permit goods, etc., to be conveyed through canals. All 
companies incorporated hereunder may permit all goods, lumber, 
rafts of every description, vessels of every kind and all other things 
that can be so transported to be conveyed through said canal, and 
may collect such rates of toll as they may deem proper therefor. 

§1994. Encroachment upon public roads. Whenever any canal or 
backwaters of any company incorporated hereunder shall encroach 
upon or cross any public road, said company shall restore said road 
to a condition suitable for use by the public, by bridges or other- 
wise. All bridges constructed under the provisions of this section 
shall be built and maintained in good order at the expense of the 
canal company. 

§1995. Mortgage of canal. Companies incorporated under this 
Article may mortgage, sell or lease their canal and other properties, 
corporate rights and franchises, to obtain money to purchase, con- 
struct, or maintain their works and franchises, to any person or 
corporation. 

§1996. Increase or diminution of capital stock. All companies incor- 
porated under this Article may increase or decrease their capital 
stock by a majority vote of the stockholders of the corporation at 
any meeting called for the purpose, filing with the secretary of State 



71 SECOND TITLE.— CHAPTER 2, ARTICLE 3. §§ 1997-2000 

Express companies. 

a transcript from the minutes of the company showing the action of 
the company in increasing or decreasing the stock. 

§1997. Principal office to be in Georgia. The principal office of all "^fg 1893, 
companies incorporated hereunder shall be always in this State. 

§1998. Petition for charter to kept of file. The secretary of State ^ ct f 3 1893 ' 
shall keep on file all petitions for incorporation and transcripts 
from minutes provided for in this Article, and shall also keep a 
book in which shall be entered by him the name of the company, 
date of incorporation, amount of capital stock, location of principal 
office, and any increase or decrease of capital stock. 

§1999. Corporation to be subject to taxation. The above-named cor- ^ ct f 3 1893, 
porations shall be subject to State, county, and municipal taxation. 

General Note on Canals. — Obligation of canal company to its customers 
using water : 63 Ga. 772 ; 93/284. 

Cannot capriciously change head and fall of water : 63 Ga. 772. 

May make needful alterations consistent with sound principles applicable 
to the enterprise : 63 Ga. 772. 

But, must consider the relations and circumstances of the various manu- 
facturing establishments deriving water supply therefrom : 63 Ga. 772. 

Liability of city of Augusta to owner of mill on its canal: 93 Ga. 284; 
63/772. 

Eeasonable change in gates not render canal company liable in damages con- 
sequent on an extraordinary freshet : 93 Ga. 284. 

But, company liable if the damage could have been foreseen, and if similar 
freshets had previously occurred : 93 Ga. 284. 

Canal company as a carrier : 64 Ga. 81. 

Canal company liable for booms : 64 Ga. 88. 

Savannah canal company bound to keep canal navigable : 91 Ga. 400. 

Performance may be compelled by mandamus : 91 Ga. 400. 

Private citizen engaged in lumber business and specially interested in the 
navigation may apply for writ : 91 Ga. 400. 

Mandamus discretionary and may issue though the company has no funds 
and no means of obtaining any, and though unprofitable to operate canal : 
91 Ga. 400. 



ARTICLE 3. 

EXPEESS COMPANIES. 

§2000. Express companies, how incorporated. Upon any number of Acts1893 - 
persons not less than five filing a petition with the secretary of $ 2 2i7. 
State, setting forth that they desire to be incorporated as an express 
company, the name under which they desire to be incorporated, 
the amount of capital stock which said company proposes to have, 
the place where the principal office of said company is to be located, 
and the States, Territories, and countries in which said company 
proposes to operate, and paying to the secretary a fee of one hun- 



[§2001, 2002 SECOND TITLE.— CHAPTER 2, ARTICLE 3. 



72 



Express companies. 



dred dollars to be covered by the secretary into the treasury of the 

State, the secretary shall issue to the petitioners the following 

certificate, to wit: 

State of Georgia. 

To whom it may concern — Greeting: 

having filed their petition in terms of the statute in such 

case provided, they and their associates and successors are hereby 
created and declared a body corporate for the period of thirty years, 

under the name of , for the purpose of carrying on an express 

business in , with a capital stock of dollars, with its 

principal place of business at , in the county of , Geor- 
gia, with the powers, duties and liabilities as now or hereafter pre- 
scribed by the laws of this State. 

Witness my official hand and seal of this State, this day of 

, 18—. 



Acts 1893, 
p. 84. 



Acts 1893, 
p. 84. 



§2001. Organization. The petitioners shall be the first directors 
of said company, and upon receiving the prescribed certificate shall 
organize by electing one of their number president, and such other 
corporate officers as may be necessary; they shall open books of 
subscription to the capital stock of said company. When all the 
capital stock has been subscribed for and one-tenth in amount 
actually paid in, notice of that fact shall be published in the news-r 
paper in which the sheriff's notices are published in the county of 
the principal office of said company at least three times; whereupon 
said company may begin the transaction of business, but not before. 
If the transaction of any business is commenced except upon com- 
pliance with the above requirements, the corporators and stock- 
holders shall be personally liable for all obligations incurred prior 
to a full compliance with the requirements of this section. 

§2002. General corporate powers . Any company incorporated under 
the provisions of this Article is authorized to sue and be sued, to 
have a corporate seal, to contract and be contracted with, to take 
bonds of indemnity with security from their agents and employees, 
to acquire by purchase, devise or otherwise, and to hold, real and 
personal estate of any value to the amount necessary and proper for 
the purpose for which the company is incorporated; to sell, mort- 
gage or otherwise dispose of the same, to appoint all necessary 
officers, to make rules, regulations, by-laws and ordinances for the 
control, direction, management and operation of their affairs and 
business, not inconsistent with the laws of this State or of the 
United States; and to have, enjoy and exercise all the rights, powers 
and privileges pertaining to corporate bodies, and necessary for the 
purposes for which such corporation is created within the State of 
Georgia, and within all the States and Territories of the United 



73 SECOND TITLE.— CHAPTER 2, ARTICLE 3. §§2003-2006 

Express companies. 

States, and within any foreign countries enumerated in the certifi- 
cate of incorporation, that shall permit or suffer the exercise of said 
corporate powers within its or their limits. 

§2003. Principal office to be in Georgia. All companies incorpo- ^ ct | 4 1893 ' 
rated under this Article shall always have their principal office in 

this State. 

§2004. (3410.) Express companies' 1 venue. The court sitting in the ^ ct ^ 862 " 3 ' 
county where goods are received for shipment, or where goods are to ^^ 
be delivered, shall have jurisdiction over all express companies, 
which now do or may hereafter do business in this State, and the 
judgment shall bind all the property of said companies. 

Measure of damages in trover against an express company for note with 
interest thereon : 48 Ga. 625. Case against express company for loss of box of 
goods : 48 Ga. 85. 

§2005. (3411.) Express companies may be sued, how. Any express ^f^ 862 ' 3, 
companies may be effectually sued in any proceeding against them 1865 2 "^ 
(in all cases where their chief officer does not reside in this State), § 1899 - 
by leaving the petition, writ, subpoena, attachment, or other orig- 
inal process necessary to commence the same, at any of the offices 
of such company doing business in this State, or by serving the 
same upon any agent of said company within this State; and the 
judgment or decree obtained in cases so commenced shall bind the 
property of the defendant as fully as though service had been 
effected on the president or other chief officer. 

On this section : 37 Ga. 397. 

Service of garnishment on local agent of express company sufficient, unless 
it affirmatively appears that the president resides in this State : 85 Ga. 565. 

§2006. (3412.) Name of chief officer to be posted. When the chief ActsM6M. 
officer of any express company shall reside in this State, it shall be 1865-6, 
the duty of such company to post in a public and conspicuous place, 
at each office where it transacts business, the name of its president 
or other chief officer on whom service can be perfected in this 
State; otherwise, service made as provided for in the preceding 
section shall be deemed sufficient and proper service. 

This section applies only when the personal residence of the president is 
within this State : 85 Ga. 565. 

See general note on Corporations at end of Chapter 1, ante. 



2007-2009 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 1. 



74 



Incorporation of insurance companies. 



>"" ■-'';;/ ' 






ARTICLE 4. 

INSURANCE COMPANIES. 






a 



(ti&; 



fi* 



*L 

SECTION 1. 

INCORPORATION OF INSURANCE COMPANIES. 



Acts 1893, 
p. 73. 



% 



Acts 1893, 
p. 73. 



Acts 1893, 
p. 74. 



§2007. Charters to insurance companies. All corporate powers and 
privileges to insurance companies in this State shall be issued and 
granted by the secretary of State, upon the terms, liabilities, 
restrictions, and subject to all the provisions of this Article and the 
laws and Constitution of this State. If from any cause the secre- 
tary of State should be disqualified from issuing and granting said 
powers, the duties required by this Article to be performed by the 
secretary of State shall be performed by the comptroller-general. 

§2008. Formation of company and petition. Any number of persons 
not less than five may form a company, but before receiving a cer- 
tificate of incorporation under this Article shall first file a petition, 
addressed to the secretary of State, in which shall be stated the 
name and residence of each of the persons desiring to form said 
corporation; the name of the company; the kind or kinds of insur- 
ance they propose to carry on; the amount of the proposed capital 
stock; the number of shares each of the petitioners agrees to take; 
that they do in good faith intend to go forward without delay to 
raise the capital stock and organize said company; a request to be 
incorporated under the laws of this State; that they have given 
thirty days notice of their intention to apply for said charter, by 
the publication of said petition in the newspaper publishing the 
legal advertisements of the county where the principal office of said 
company is to be located, once a week for four weeks before the filing 
of said petition. There shall be annexed to said petition an affi- 
davit made by at least two of the persons forming said company, 
that the names subscribed are „the genuine signatures of the persons 
named therein, and that the facts stated in the petition are true. 
Said petition thus sworn to shall be filed in the office of the secre- 
tary of State, who shall indorse thereon the date of the filing and 
record the same in a book to be kept by him for that purpose. 

§2009. Form of certificate to be issued. When said petition has 
been filed in the office of the secretary of State, he shall issue to 
said company under the great seal of the State the following form 
of certificate, to wit: 



75 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 1. §§ 2010-2013 

Incorporation of insurance companies. 

To all to whom these presents may come — Greeting : 

Whereas, In pursuance of an Act of the General Assembly of 
the State of Georgia, approved December 18th, 1893, and (naming 
the persons who signed the petition) having filed in the office 
of secretary of State a certain petition seeking the formation 
of a corporation to be known as (insert name), with a capital stock 

of $ , for the purpose of organizing and running a (kind or 

kinds) in surance company, andhaving complied with the statutes 
in such cases made and provided; therefore, the State of Georgia 
hereby grants unto the above-named persons, their successors and 
assigns, full authority, by and under the said name of (insert name), 
to exercise the powers and privileges of a corporation for the pur- 
poses above stated, subject to the provisions of the Constitution of 
this State, and all the laws, rules and regulations governing insur- 
ance companies of force at the date of this certificate, or that may 
hereafter become of force either by constitutional or statute law, 
or by any rules or regulations of the insurance commissioner of this 
State or otherwise, which govern insurance companies in this State. 

In witness whereof, these presents have been signed by the secre- 
tary of State (or when he is disqualified, by the comptroller-general), 
and to which is annexed the great seal of the State, at Atlanta, 
Georgia, this day of , 18 — . 

§2010. Corporate powers. Thereafter the persons who signed said Acts 189B, 
petition, and all persons who shall become stockholders in said com- 
pany, shall be a corporation by the name specified in said certificate, 
and shall possess the powers and privileges and be subject to the 
provisions contained in this Article. 

§2011. Fee. Before the secretary, or when disqualified, the comp- Acts 1893, 
troller-general, shall issue said certificate, the petitioners shall pay 
to the treasurer of the State a fee of one hundred dollars. 

§2012. Certificate prima facie evidence of corporation's existence . Acts 1893, 
Any certificate or a duplicate thereof, issued under this Article, shall 
he prima facie evidence of the existence of such corporation. 

82013. Capital stock. When such certificate has been issued, the Acts 1893, 

. , ' p. 75. 

persons named therein, in case they have not taken the whole cap- 
ital stock, may open books of subscription to fill up the capital 
stock of the company, and after giving such notice as they may 
deem expedient, they may from time to time receive subscriptions 
until the whole capital stock is subscribed. The capital stock of 
said company shall be divided into shares of one hundred dollars 
each, and shall not be less than one hundred thousand dollars for 
each class of insurance to be engaged in, and no insurance company 
chartered under this Article shall commence the insurance business 
until at least this amount for each class of insurance to be engaged 
in is paid in cash, or invested in bonds of the United States, of this 



§§2014, 2015 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 1. 76 

Incorporation of insurance companies. 

State, or the cities or counties of this State ; estimated at their cash 
market value, or in mortgages on real estate worth twice the amount 
for which the same is mortgaged, which investment must be ap- 
proved by the secretary of State, or, when he is disqualified, by the 
comptroller-general. When bonds of the cities or counties of this 
State are invested in, the secretary of State, or comptroller-general, 
as the case may be, shall require an opinion from the attorney-gen- 
eral of the State that the bonds are good, legal, and valid bonds, 
before approving the investment. 

Acts 1893, 82014. Organization. When the amount of the capital stock has 
p. 75. . . . . 

been subscribed, the persons named in said certificate are authorized 

to call a meeting of the stockholders for the purpose of organiza- 
tion, of which meeting every subscribing stockholder shall have ten 
days notice personally, or by depositing said notice in the post- 
office, postage paid, directed to him at the post-office nearest his 
usual place of residence. At said meeting there shall be elected a 
board of directors of not less than five, nor more than fifteen, to 
manage the affairs of said company, said directors to be chosen by 
a majority vote of the stockholders, each share of stock being 
entitled to one vote; said election to be governed by such by-laws 
as said company may prescribe, the persons elected as directors to 
continue in office until others are elected to fill their places. No 
person shall be elected a director unless he be a stockholder, owning 
stock in his own name, or as trustee or personal representative, and 
who is qualified to vote at the election at which he is chosen. If for 
any reason the election is not held at the time appointed, the same 
may be held at any time thereafter on ten days notice to all stock- 
holders; but at any meeting of the stockholders or their legal repre- 
sentatives, the notice may be waived, and an election held at once. 
The directors shall elect from their number a president, vice-presi- 
dent or vice-presidents, secretary and treasurer, and such other officers 
and agents as they may deem necessary. The regular elections for 
directors shall be annually, at such time and place as may be pre- 
scribed in the by-laws of said company. All meetings of directors 
of said company shall be held in this State. A majority of said 
directors shall be bona fide residents of Georgia. 

Acts 1893, §2015. Stock to be paid in before beginning business, $100,000. Said 
insurance company shall not begin business until at least one hun- 
dred thousand dollars of the capital stock has been paid in. The 
directors may require the subscribers to pay the amounts subscribed, 
in such installments as they may deem proper, which sums they may 
lend until the company is ready to engage regularly in business. If 
any subscriber shall neglect to pay any installment required by res- 
olution of the directors, the said board shall declare his stock and 



77 SECOND TITLE.— CHAP. 2; ART. 4, SEC. 1. §§2016-2020 

Incorporation of insurance companies. 

all previous payments thereon forfeited to the use of the company; 
but they shall not declare it forfeited until they have served a notice 
in writing on him personally, or by depositing said notice in the post- 
office, postage paid, directed to him at the post-office nearest his usual 
place of residence, stating he is required to make such payment at 
the time and place expressed in such notice, and if he fails to make 
the same, his stock and all previous payments thereon will be for- 
feited for the use of the company; which notice must be served at 
least sixty days previous to the day on which such payment is re- 
quired to be made. 

§2016. Stock deemed personalty. The stock in said insurance com- Act ^ 6 1893 ' 
pany shall be deemed personal, and shall be transferable in the 
manner prescribed by the by-laws of the company; and no share 
shall be transferable until all previous calls thereon shall have been 
fully paid in. 

§2017. Organization and commencement of business, charter, etc. All Act | 6 1893 - 
the powers and privileges and said certificate of incorporation of 
said insurance company shall cease and determine at the expiration 
of two years from the date of said certificate, if, at the expiration 
of said two years, said company has not organized and commenced 
business. The rights, powers and privileges granted said corporation 
shall not continue for a longer period than fifty years, unless the 
same be continued by the laws of force at the expiration of said 
fifty years. 

§2018. Powers of life-insurance companies. Every life-insurance 
company incorporated under this law shall have the power to insure 
the lives of all persons who apply for insurance therein, stand the 
necessary examinations, and comply with such laws as may here- 
after be enacted, and with such reasonable requirements as the di- 
rectors of such company may establish; and to make any and every 
insurance appertaining to or connected with life risks. 

§2019. Of fire-insurance companies. Any fire-insurance company 
incorporated under this Article shall have authority to insure against 
any loss by fire on all kinds of property, either real, personal or 
mixed; also against all the hazards of the ocean or inland naviga- 
tion, and transportation of every kind; and is hereby granted the 
power to insure all classes of property that is now or that may 
hereafter be allowed to be insured by the laws of this State; and 
may do any and all things necessary for the purpose of carrying on 
a fire-insurance company, not in conflict with the laws of this State 
or of the United States. 

§2020. Of accident-insurance companies. Accident-insurance com- 
panies, chartered under this Article, shall have authority to insure 
persons against accident, loss of life or personal injury; to provide 



2021-2025 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 1. 78 

Incorporation of insurance companies. 

a weekly indemnity to its members in case of accident; and shall 
have all the usual and ordinary powers incident to accident-insur- 
ance, not in conflict with the Constitution and laws of this State 
and the United States. 

§2021. Of live-stock insurance companies. Live-stock insurance 
companies, organized under this law, shall have the power to insure 
against loss arising from the death of or injury to domestic animals, 
and shall have all powers incident to the live-stock insurance busi- 
ness, which are not in conflict with the laws and Constitution of 
this State or of the United States. 

§2022. Contracts to be evidenced by policy. Contracts of insurance 
to be entered into by any company organized under this Article shall 
not be binding unless evidenced by a policy of insurance in writing 
or print, or both, and the liability of said company, in case of loss 
sustained by any policy-holder, shall be governed by the terms, 
stipulations and conditions appearing upon the face of the policy. 
No policy or other contract of said corporation shall be binding 
except it be signed by the president or vice-president and secretary 
or assistant secretary of the company. 

§2023. Dividends. The board of directors of any company organ- 
ized under this Article may declare dividends out of the earnings of 
said corporation: Provided, no dividend shall be declared until the 
earnings are sufficient to pay the same, after deducting all expenses 
and losses, and after providing for such reserve as may be provided 
for by law. 

§2024. Stock dividends. Corporations formed under this Article 
are empowered to issue stock dividends in lieu of money dividends 
if the board of directors shall so decide, and thereby add to the 
capital stock, not to exceed the highest limit of the capital stock of 
their charter. 

§2025. Participation by policy-holders in net profits. The board of 
directors may, after providing for such reserve as may be required 
by law, by a majority vote, give the holders of policies of said com- 
pany on any particular line or class of insurance the right to par- 
ticipate in the net profits of such company to such an extent, in 
such manner and upon such terms as the board of directors may 
agree, the same to be plainly stipulated on the face of the policy; 
and unless it be stipulated on the face of the policy that the policy- 
holder has the right to participate, it shall not be lawful for any 
policy-holder to participate in any of the profits of such company. 
If the incorporators of any stock company see proper, they may em- 
brace this principle in their charter, stating therein the average 
amount of dividends the stockholders shall receive on the face value 
of their stock, in which case all net profits above this dividend and 
the reserve shall be paid as a dividend to all the policy-holders. 



79 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 2. §§2026-2033 



Insurance companies, how authorized to do business. 



§2026. Loans by corporation. Every corporation organized under 
this Article shall have authority to invest its money in and make 
loans on any bonds of this State, or the United States, or of the 
cities or counties of this State, and make loans on real estate in this 
State to one-half the value thereof. 

§2027. Building which may be owned by corporation. Any company 
organized under this Article may own for its own use, as a perma- 
nent investment, a building for the transaction of its business in 
the city where the principal office is located, or at any place where 
it may have a branch office or agency, and may sell and dispose of 
the same at pleasure. It may also buy and sell any realty that 
may be necessary for the protection of any loan it may make. 

§2028. Reinsurance and reserve. Any company organized under 
this Article shall have the right to reinsure any or all its risks; and 
every company incorporated under this Article shall provide for 
such reserve as may be required by law. 

§2029. Liability of stockholders. Stockholders in corporations or- 
ganized under this Article shall be individually liable to the extent 
of their unpaid subscription, to the capital stock, and for no greater 
amount. 

§2030. Mutual or co-operative companies. The preceding sections Acts 1895, 
of this Article, in so far as they are applicable, may be applied to * £-***^****~^. 
the formation of mutual or co-operative fire, live stock, life, or acci- 'f> 

dent insurance companies; but applicants for this class of insurance 
shall not be required in their petition to set out the amount of the 
proposed capital stock or the number of shares of the same; nor 
shall it be necessary for the secretary of State to incorporate in his 
certificate of incorporation any reference to the capital stock of said 
company. 



SECTION 2 




INSURANCE COMPANIES, HOW AUTHORIZED TO DO BUSINESS 

§2031. Insurance commissioner. The comptroller-general shall beActsi887, 
the insurance commissioner of this State, and shall be charged with 
the execution of all laws regulating the business of insurance in the 
State of Georgia. 

§2032. Companies must be licensed. It shall not be lawful for any Acts mn r 
insurance company chartered by this State, or other States or for- P ' 
eign government, to transact any business of insurance in this State 
without first procuring a license from the insurance commissioner. 

§2033. License, how obtained. Before said commissioner shall issue Actsi887„ 
such license, such insurance company must fully comply with all of 



§2033 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 2. 80 

Insurance companies, how authorized to do business. 

the provisions of this Article, and file with said insurance commis- 
sioner a statement under oath of its president and secretary, speci- 
fying— 

First. The name and locality of the company. 

Second. The condition of such company on the thirty-first day 
of December then next preceding, exhibiting the following facts and 
items in the following form, namely: 

1. The amount of the capital stock of the company, and what 
part of the same has been paid in cash, and what part is in notes of 
the stockholders, and how such notes are secured. 

2. J'he property or assets held by the company, specifying — 

(1) The value, as near as may be, of the real estate held by such 
company; if encumbered, to what amount. 

(2) The amount of cash on hand and deposited in banks to the 
credit of the company. 

(3) The amount of cash in the hands of agents and in the course 
of transmission. 

(4) The amount of loans secured by bonds and mortgages on 
real estate. 

(5) The amount of other loans, and how secured. 

(6) The amount of bonds of this State, of other States in the 
United States, and of any stocks owned by the company, speci- 
fying the amount, number of shares, and par and market value of 
each kind of stock. 

(7) The amount of interest actually due and unpaid. 

(8) The amount of premium notes on hand upon which policies 
have been issued. 

(9) The amount of all other assets, real and personal, not included 
hereinbefore. 

Third. The liabilities of the company, specifying — 

1. The amount of losses due and yet unpaid. 

2. The amount of claims for losses resisted by the company. 

3. The amount of losses not yet due, including those reported to 
the company on which no action has yet been taken. 

4. The amount of dividends declared and due and remaining 
unpaid. 

5. The amount of dividends declared but not yet due. 

6. The amount of money borrowed. 

7. The amount of all other claims against the company. 
$2045. 8. The amount of reserve for reinsurance. 

Fourth. The income of the company during the preceding year, 
specifying — 

1. The amount of the cash premiums received. 

2. The amount of notes received for premiums. 



81 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 3. §2034 



Bonds and deposit required. 



3. The amount of interest money received. 

4. The amount of income received from other sources. 

Fifth. The expenditures during the preceding year, specifying — 

1. The amount of losses paid during the year. 

2. The amount of dividends paid during the year. 

3. The amount of expense paid during the year, including fees 
and commissions to agents and officers of the company. 

4. The amount paid in taxes. 

5. The amount of all other payments and expenditures. 

Sixth. The greatest amount insured in any one risk, and the total 
amount of insurance outstanding. 

Seventh. A certified copy of the act incorporating the company. 



SECTION 3. 

BONDS AND DEPOSIT REQUIRED. 

§2034. Transact business, when. No insurance company of what- Act | o 1893 . 
ever class, except such companies as have already been chartered by $§ 5791 ' 5793 - 
the State, Masonic, Odd Fellows, religious and mutual aid societies 
and co-operative or assessment life-insurance companies, shall be 
allowed to transact any business of insurance in this State, unless 
possessed of at least one hundred thousand dollars of actual cash 
capital paid up, or assets, and invested bonds or stocks, estimated 
at their actual market value at the date of the statement required 
by the preceding section, or in mortgages on real estate worth double 
the amount for which the same is mortgaged. Upon filing such 
statement, the insurance commissioner, when satisfied that it is 
correct, and that the company has fully complied with the laws 
regulating the business of insurance in this State, shall issue license 
to said company to transact business in this State. Said statement 
and license must be renewed annually on the first day of January, or 
within sixty days thereafter, and must show the condition of said 
company on the thirty-first day of December. In addition to this 
statement, all companies, including co-operative or assessment life- 
insurance companies doing business in this State, shall, through their 
chief officer or agent residing in this State, make to the Governor of 
this State semi-annual statements on the first day of January and 
July of each year, or within sixty days thereafter. The January 
statement shall contain a full and exact report of their condition 
on the thirty-first day of December next preceding; said statement to 
be made in accordance with the terms and conditions set forth and 
required under the preceding section, which shall be sworn to by the 
officer or agent making the same. The statement for July shall 
6 



p* y<J 



§§2035-2037 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 3. 82 

Bonds and deposit required. 

contain a report in short form of income, assets, expenditures and 
liabilities in gross, as of thirtieth day of June preceding, and be sworn 
to by the officer or agent making the same. At the time of making 
such report to the Governor, each company shall publish at its own 
expense a duplicate thereof in a newspaper of general circulation 
published in this State. Should any one of such insurance compa- 
nies fail or refuse to make said statement to the Governor, it shall, 
by such failure or refusal, forfeit its right to do business in this 
State, until the first of January of the next year, and on such failure 
or refusal the insurance commissioner shall recall and cancel the 
license of such delinquent company. 

*p Ct ii(f 87 ' §2035. Deposits by companies of other States. All fire, marine and 

$5791. inland insurance companies, chartered by other States or foreign 
governments, shall be required to deposit with the treasurer of this 

-jO. State, bonds of the United States, or bonds of this State which 
according to the Acts and Resolutions of the General Assembly are 
valid, and which amount, according to their face value, to twenty- 
five thousand dollars, which bonds shall be receipted for by the 
State treasurer, and especially deposited by him in the vaults of the 
treasury; and whenever such company ceases to do business in this 
State, and has settled up all claims against it as hereinafter pro- 
vided, said bonds shall be delivered up to the proper party on 
presentation of the treasurer's receipt. While said bonds are so 
deposited the owners of the same shall, subject to the notices here- 
inafter provided for or given, be entitled to collect the coupons and 
use them. For the bonds so deposited the faith of the State is 
pledged that they shall be returned to the parties entitled to receive 
them, or disposed of as hereinafter provided. 

§2036. When notice of loss is given, bonds to be retained. Whenever 
any loss insured against occurs, the insured, in order to secure his 
recovery, may give notice to the State treasurer of the pendency of 
said loss, and of the amount claimed, after which time the State 
treasurer shall be bound to retain, subject to the order of the court 
trying any suit that may be brought for the recovery of such loss, a 
sufficient amount to pay the judgment in said case in the event of 
recovery; and if the amount for which said company is liable is not 
paid in ten days, then said plaintiff may file an application with the 
judge of the superior court of the county where the case was tried, 
for a receiver to take charge of so many bonds as shall be necessary 
to satisfy the aforesaid judgment. 

^n?} 887 ' §2037. Bond by receiver. When said receiver is appointed by the 
judge, he shall always require bond and security of him for the 
faithful performance of his duty. The State treasurer, on his appli- 
cation, shall deliver to him bonds sufficient in their market value, 
if in his custody, to satisfy said judgment. Said receiver's receipt 



83 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 3. §§2038-2041 

Bonds and deposit required. 

shall be a complete discharge to said treasurer and the State of 
Georgia. Said receiver shall apply to the judge of said superior 
court for an order of sale, and in pursuance of said order, sell said 
bonds. After deducting such expenses and commissions as shall be 
allowed by said judge, he shall pay over to the plaintiff, or his 
attorney, a sufficient amount to satisfy the judgment; and if there 
remains any residue in the hands of such receiver, he shall pay over 
the same to the agent of the company, taking his receipt for the 
same, which shall be filed and recorded with the other papers in the 
case. 

§2038. Conflicting claims to bonds. If there are conflicting claims, i ' P ct f 1 1 7 887 ' 
the State treasurer shall deliver over to the receiver, in the order of 
their application, the aforesaid bonds; and if there is any contest 
between creditors, which cannot be settled in this mode, then the 
party not receiving sufficient bonds through the receiver appointed 
in his behalf, may become a party to the other case, and make known 
his claim to the other receiver by making affidavit of the claim and 
filing the same with him, and the receiver shall report such claim 
to the judge of the superior court appointing him, who shall, by 
order, provide for a bill of interpleader, as in cases in equity. 

§2039. Withdrawal by company from the State. When any com- ^^l 887, 
pany desires to withdraw from the State, and will satisfy the com- 
missioner that all suits pending against such party, and of which 
no notice has been given, have been fully satisfied, or whenever no 
notice of claim has been given, and when rights under existing poli- 
cies have been satisfied and released as the provisions of this Arti- 
cle require, said treasurer shall return to said company the bonds 
so deposited, upon order from said commissioner. 

§2040. When amount reduced below amount required . Whenever, by A p et f 1 1 7 887 ' 
means of the provisions of this Article, the amount of bonds so de- 
posited are reduced, said treasurer shall at once notify the insur- 
ance commissioner in writing, who shall give notice to the company 
depositing, and require more bonds to be deposited, so as always to 
maintain the original amount; and if the company so notified by 
the insurance commissioner fails to comply within thirty days, the 
license to do business in this State shall be revoked, and said insur- 
ance commissioner shall at the same time give notice, by publica- 
tion in a newspaper published at the capital, of the fact of such 
failure and revocation of license; the cost of which publication 
shall be paid by the company failing to comply with the provisions 
of this Article. 

§2041. Policies must be satisfied before withdrawal. When any com- ^^l 887 ' 
pany, having made the deposit required by this Article, has existing 
policies on property of citizens of this State oh which no losses 
have accrued, and the company wishes to withdraw its deposits, be- 



§§ 2042-2044 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 4. 84 

Regulation of insurance companies. 

fore being allowed so to do, said company shall take up and satisfy 
said policies, and give notice of its intention to withdraw from the 
State, and of the fact that it has satisfied all losses and the claims 
of policy-holders above designated, which notice shall be published 
once a week for two months in a newspaper to be designated by the 
insurance commissioner of the State, and at the expense of said 
company. Any claims of the citizens of this State for losses, or on 
existing policies where no losses have occurred, must be fully settled 
before said deposits shall be withdrawn. 

Acts 1887 §2042. Deposits of life and accident companies of other States, etc. 

p. us. j^yi life and accident insurance companies chartered by other States 
of the United States, or foreign governments, shall show by a cer- 
tificate from the officer having supervision of the insurance depart- 
ment in the State in which they are chartered, or elect to make 
their deposit, that they have deposited not less than one hundred 
thousand dollars, in such securities as may be deemed by such offi- 
cer as equivalent to cash subject to his order, as a guarantee fund 
for the security of policy-holders of said companies. 

^ni 887 ' §2043. Of home companies. All such companies chartered by the 
State of Georgia shall, before doing business in this State, deposit 
with the insurance commissioner of this State, or with some strong 
corporation which may be approved by him, one hundred thousand 
dollars, in such securities as may be deemed by him equivalent to 
cash, to be subject to his order, as a guarantee fund for the security 
of the policy-holders of the company making such deposit; all in- 
terest and dividends arising from such securities to be paid when 
due to the company so depositing them. Any such securities as 
may be needed by the company may be taken from said insurance 
commissioner, or corporation, at any time, by replacing them with 
other securities equally acceptable to the insurance commissioner, 
whose certificate for the same shall be furnished to the company. 



SECTION 4. 



REGULATION OF INSURANCE COMPANIES. 

Act ii8 887 ' §2044. Investigation by commissioner. It shall be the duty of the 
insurance commissioner, whenever he shall deem it expedient so to 
do, and he is hereby empowered, either in person or by an expert 
examiner by him appointed, to investigate the affairs of any insur- 
ance company doing business in this State; to require free access to 
all books and papers of any company, or the agents thereof; to sum- 
mon and examine under oath any person in this State, relative to 



85 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 4. §§ 2045-2048 

Regulation of insurance companies. 

the affairs and condition of said company; for probable cause, to 
visit at its principal office, wherever it may be, any insurance com- 
pany not of the State, in which the substantial requirements of this 
Article, as to valuations of policies of life and accident insurance 
companies, and calculations for the reinsurance reserve of fire, 
marine and inland insurance companies, are not in force, for the 
purpose of investigating its affairs and condition; and revoke its 
authority to do business in this State, if said company refuse to 
permit the examination. All expense incurred in the investiga- 
tion of said companies shall be paid by the companies so examined. 

§2045. Calculation of reinsurance reserve. For every fire-insurance A p t i 1 1 9 887 ' 
company doing business in this State, the insurance commissioner $ 2033 (3) - 
shall calculate, or cause to be calculated, the reinsurance reserve for ^ / 

unexpired fire risks, by taking fifty per cent, of the premium re- r™ 
ceived on all policies that are written for a period of one year or 
less, and according to the New York percentage table for calcu- 
lating reinsurance on all premiums received that have more than 
one year to run; and in marine and inland insurance, he shall 
charge all the premiums received on unexpired risks as a reinsur- 
ance reserve. Having charged against the company the reinsurance 
reserve as above determined for fire, marine and inland insurance, 
and adding thereto all other debts and claims against the com- 
pany, he shall, in case he finds the capital stock of the company 
impaired more than twenty per cent., give notice to said company to 
make good its whole capital stock within ninety days; and if this is 
not done, he shall require the company to cease to do new business 
within this State, and shall thereupon, in case the company is or- 
ganized under authority of this State, immediately institute legal 
proceedings as hereinafter required. 

§2046. Call on stockholders. Any such insurance company receiv- ^f^ 887 ' 
ing the aforesaid notice of the insurance commissioner to make 
good its whole capital stock within ninety days, shall forthwith call 
upon its stockholders for such amounts as will make its capital 
equal to the amount fixed by the charter of said company. 

§2047. Calculations of reinsurance reserve by commissioners of other p*^, ' 
States. In the case of companies chartered by other States or for- 
eign governments, the insurance commissioner of this State shall 
accept calculations of the reinsured reserve made by the insurance 
commissioner of the State in which they are chartered, when such 
calculations are made and furnished to the insurance commissioner 
of this State by the first of March in each and every year. 

§2048. Proceedings when home companies are insolvent. Whenever ^ff^ 887 ' 
the insurance commissioner shall have reason to believe, from an 



§2049 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 4. 86 

Regulation of insurance companies. 

examination into the affairs of a company, that any insurance com- 
pany of this State is insolvent or fraudulently conducted, or that its 
'dll'^"' asse ^ s are n °t sufficient for carrying on business, or during any non- 
compliance with the provisions of this Article, he shall communicate 
the fact to the attorney-general, whose duty it shall then be to 
apply to a judge of the superior court of this State for an order 
requiring said company to show cause why their business should not 
be closed, and the judge shall thereupon hear the allegations and 
proofs of the respective parties. If it appears to the satisfaction of 
said judge that such company is insolvent, or that the interests of 
the public so require, said judge shall decree a dissolution of such 
corporation and a distribution of its assets; but in case it shall 
appear to said judge that said company is able, and has complied 
with the provisions of this Article, and that it is not insolvent, a 
decree shall be entered annulling the action of the insurance com- 
missioner in the premises, and authorizing the company to resume 
business. 
i) Ct i2o 887 ' §2049. Calculation of net value of life-policies. The insurance com- 
$5795. missioner shall, as soon as practicable in each alternate year, calcu- 
late, or cause to be calculated, the net value, on the thirty-first day of 
December of the previous year, of all the policies in force on that 
day in each life-insurance company doing business in this State, 
chartered by this State, and of every other life-insurance company 
doing business in this State, that shall fail to furnish him, as here- 
inafter provided, a certificate of the insurance commissioner of the 
State by whose authority the company was organized, or by the 
State in which it may elect to have its policies valued and its 
deposit made, giving the net value of all policies in force in the com- 
pany on the thirty- first day of December of the preceding year, which 
calculation of the net value of each policy shall be based upon the 
American Experience or Actuaries' table of mortality, at four per 
cent, interest per annum: Provided, that when any life company 
shall have a cash capital of not less than one hundred thousand 
dollars, fully paid up and safely invested, the reserve to provide for 
the liabilities on all policies of such company, not participating in 
the profits of the company, shall be computed by the American Ex- 
perience or Actuaries' table of mortality, with interest at not less 
than three nor more than six per cent, per annum, in the discre- 
tion of the commissioner, and with reference to the rates of pre- 
miums charged by such company. The net value of a policy, at any 
time, shall be taken to be the single net premium which will at 
that time effect the insurance, less the value at that time of the 
future net premiums called for by the table of mortality and rate 
of interest designated. 



87 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 5. §§2050-2052 



Proceedings in case of insolvency. 



82050. Where net value of policies is not on hand. In case it isActsiss?. 
. . . . p- 120. 

found that any life company doing business in this State has not on 

hand the net value of all its policies in force after other debts of the 
company and claims against it, exclusive of capital stock, have been 
provided for, it shall be the duty of the insurance commissioner to 
publish the fact that the then-existing condition of the affairs of the 
company is below the standard of legal safety established by this 
State, and he shall require the company at once to cease doing new 
business; and it is hereby made the duty of the insurance commis- 
sioner, after having determined, as above, the amount of the net 
value of all policies in force, to see that the company has that 
amount in safe legal securities after all debts and claims against it, 
exclusive of capital stock, have been provided for. 

§2051. Valuation by commissioners of other States. He shall accept ^f^ 887 ' 
the valuations made by the insurance commissioner of the State 
under whose authority a life-insurance company is chartered, when 
such valuations have been made on the basis mentioned above: 
Provided, the company shall furnish to the insurance commissioner 
of this State, on or before the first day of March in each and every 
alternate year, a certificate from the insurance commissioner of such 
State, setting forth the value, calculated on the dates designated 
above, of all the policies in force in the company on the previous 
thirty-first of December, and stating that after all the other debts 
of the company and claims against it at that time were provided 
for, the company had in safe securities an amount equal to the net 
value of all its policies in force, and that said company is entitled 
to do business in its own State; and every company doing business 
in the State during the year for which the statement is made, that 
fails to furnish promptly the certificate aforesaid, shall be required 
to make full detailed lists of policies and securities held or owned 
by the company to the insurance commissioner of this State, and 
shall be liable for all charges and expenses consequent upon not 
having furnished said certificate. 



SECTION 5. 

PROCEEDINGS IN CASE OF INSOLVENCY. 

§2052. Proceedings where home companies jail to maintain standard, ^^o 887 ' 
It shall be the duty of the commissioner after he has notified a life- 
insurance company, chartered by the State, to cease doing new busi- 
ness until the net value of its policies in force is equal to that 
called for by the standard of safety established by the State, at once 
to cause a rigid examination into the affairs of such company; in 



§§2053-2055. SECOND TITLE.— CHAP. 2, ART. 4, SEC. 6. 88 

Agents of insurance company. 

case it shall appear that there is no fraud or gross incompetency or 
recklessness in the management, he may, upon publishing the facts 
in the case, permit such company to continue its business for one 
year: Provided, there is, in his opinion, reason to believe that the 
company may be able to re-establish the legal net value of all its 
policies in force. At the end of the year named above, he may 
renew the permission, in case on examination he is satisfied that 
the company is likely to retrieve its affairs. 
A p?m 887, §2053. If comptroller knows of insolvency . Whenever the insurance 
commissioner shall have reason to believe that any insurance com- 
pany of this State is insolvent or fraudulently conducted, or that its 
assets are not sufficient for conducting the business of the company, 
or during any non-compliance with the provisions of this Article, 
his duty shall be as prescribed in section 2045. 



SECTION 6. 



AGENTS OF INSURANCE COMPANY. 

Acts^T, §2054. Definition of insurance agent. Any person who solicits in 
$2072. behalf of any insurance company, or agent of the same, incorpo- 

rated by the laws of this or any other State or foreign government, 
or who takes or transmits, other than for himself, any application 
for insurance or any policy of insurance to or from such company, 
or agent of the same, or who advertises or otherwise gives notice 
that he will receive or transmit the same, or who shall receive or 
deliver a policy of insurance of any such company, or who shall 
examine or inspect any risk at any time, or receive or collect or 
transmit any premiums of insurance, or make or forward any dia- 
gram of any building or buildings, or do or perform any other act 
or thing in the making or consummating of any contract of insur- 
ance for or with any such insurance company, other than for himself, 
or who shall examine into or adjust or aid in adjusting any loss for 
or in behalf of any such company, whether any of such acts shall be 
done at the instance or request or by the employment of such 
insurance company,. or of, or by, any broker or other person, shall 
be held to be the agent of the company for which the act is done or 
the risk is taken. 
Acts 1887, §2055. Penalty on agents of unauthorized companies. Any person 
$207i. w h sna ii do or perform any of the acts or things mentioned, for 
any insurance company or agent of said company, without such 
company having first received a certificate of authority from the 
insurance commissioner of this State as required by law, shall be 
guilty of a misdemeanor, and shall also pay a sum equal to the State, 



89 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 6. §§2056, 2057 

Agents of insurance company. 

county and municipal taxes and licenses required to be paid by 
insurance companies legally doing business in this State; and it is 
hereby made the duty of the insurance commissioner to see that all 
violators of the provisions of this section are prosecuted. 

Where company not incorporated, this section was not applicable before 
Act of 1893 (section 2071) : 92 Ga. 8. 

§2056. Civil liability. Any person who shall do any of the acts ^'lof 90 " 1 ' 
mentioned in the preceding sections shall also be personally liable 
to the holder of any policy of insurance, in respect of which such 
act was done, for any loss covered by the same: Provided, that the 
penalties provided for shall not apply to adjusters or inspectors of 
authorized insurance companies from whom the citizens of this State 
have purchased insurance for themselves, as provided for in this 
section, whenever the person or persons purchasing said insurance 
shall immediately notify the insurance commissioner, giving the 
name and locality of said company in which they have policies, and 
at the same time pay to said insurance commissioner the same 
licenses, fees and taxes for each company as are now or may here- 
after be required of fire-insurance companies authorized to do busi- 
ness by the laws of this State; and when the license fees for any 
company have been paid in any one year by any person or persons 
who have purchased insurance from said company, then, in that 
case, any person or persons purchasing insurance from said com- 
pany thereafter shall not be liable for the license fees of said company 
during the said year, but only for such taxes on premiums as may 
be required from time to time of insurance companies authorized to 
do business in this State: Provided further, that it shall not be lawful 
for said inspectors to solicit business for their companies. 

§2057. Service on non-resident companies. Any insurance company Acts 1887, 
not organized under the laws of this State, desiring to transact busi- 
ness in this State, shall file with the insurance commissioner a 
written instrument or power of attorney duly signed and sealed, 
appointing and authorizing some person, who shall be a resident 
of this State, to acknowledge or receive service of process, and upon 
whom process may be served, for and in behalf of such company, 
in all proceedings that may be instituted against such company in 
any court of this State, or any court of the United States in this 
State, and consenting that service of process upon any agent or 
attorney appointed under the provisions of this section, shall be 
taken and held to be as valid as if served upon the company; and 
such instrument shall further provide that the authority of such 
attorney shall continue until revocation of his appointment is made 
by such company by filing a similar instrument with said insurance 
commissioner, whereby another person shall be appointed as such 
attorney: Provided, however, that the provisions of this section shall 



§§2058, 2059 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 6. 90 

Agents of insurance company. 

not be construed to alter or amend the laws ■ now of force in this 
State relative to bringing suits and serving process on foreign cor- 
porations doing business in this State. 
■^jyf 87 ' §2058. Attorney may be appointed to receive service.- If any attorney 
so appointed shall absent himself from this State, or his usual place 
of business or abode, or shall secrete himself, so that process may 
not be served upon him, or shall have become disqualified from 
any cause whatever, or shall die, the insurance commissioner shall 
immediately appoint an attorney for service for such company, of 
which appointment notice in writing shall be immediately given by 
said insurance commissioner to such appointee and also be sent to 
the company by mail, or to its general agent or manager, which 
appointment shall be as valid as if made by the company, and shall 
continue in force until such absent agent or attorney shall return 
and give to said insurance commissioner written notice thereof, or 
until the company shall have made another appointment in the 
manner above prescribed; service of process as aforesaid, issued by 
any such court as aforesaid, upon any such attorney appointed by 
the company, or by the insurance commissioner, shall be valid and 
binding, and be deemed personal service upon such company so long 
as it shall have any obligations or liabilities outstanding in this 
State, although such company may have withdrawn, been excluded 
from, or ceased to do business in this State. If any company shall 
fail, neglect or refuse to appoint and maintain within this State 
such attorney or agent, it shall forfeit the right to do or continue 
business in this State. 

Acts 1887, §2059. Company not complying, fees, etc. No person shall act as 
§2065. ' agent in this State of any insurance company of this or any other 
State or foreign government doing a business in any manner, until 
said company has fully complied with the provisions of this Arti- 
cle, arfcKreceived from the insurance commissioner certificates of 
authority for itself and its agents to transact business in this State. 
The fees of the insurance commissioner shall be as follows: For 
filing certified copy of charter, twenty dollars; for examination of 
annual statement, twenty dollars; and for certificates of authority 
or license to agents, three dollars each, one-fifth of which shall be 
paid to the commissioner in full compensation for services in exe- 
cuting the provisions of this Article. In addition to the payment of 
the above fees, each of the said companies shall make a report to the 
commissioner on the first day of May of each year, or within sixty 
days thereafter, under oath of the president or secretary thereof, 
showing the entire amount of premium receipts of every character 
and description (deducting returned premiums on canceled policies) 
of said companies in this State during the year or fractional part 



91 SECOND TITLE.— CHAP. 2, ART. 4, SECS. 7, 8. §§2060, 2061 

Comity to foreign .insurance companies. Assessment and other companies, reports, etc. 

of the year ending the thirtieth day of April next preceding, whether 
said premiums were received in money or in notes, credits or any 
substitute for money, to be taxed as may be provided by law from 
time to time. 



SECTION 7. 

COMITY TO FOREIGN INSURANCE COMPANIES. 

§2060. When charges on companies of this State greater than imposed Acts 1887, 
by this State. Whenever the laws of aoy other State of the United 
States shall require of insurance companies chartered by this State, 
and having agencies in such other State, or of the agents thereof, 
any deposit of securities in such State for the protection of policy- 
holders or otherwise, or any payment of penalties, certificates of 
authority, license fees or otherwise, greater than the amounts re- 
quired for such purposes from similar companies of other States by 
the then-existing laws of this State, then, and in every such case, 
all companies of such States establishing or having theretofore 
established an agency or agencies in this State, shall be and . are 
hereby required to make the same deposit for a like purpose with 
the insurance commissioner of this State, and to pay to said com- 
missioner, for penalties, certificates of authority, license fees or 
otherwise, an amount equal to the amount of such charges imposed 
by the laws of such State upon companies of this State and the 
agents thereof. 



SECTION 8. y^f^ 



ASSESSMENT AND OTHER COMPANIES, REPORTS, ETC. &?* 






§2061. Sworn statement to be filed by assessment companies, etc. It Acts 1887, 
shall not be lawful for any corporation or association, organized un- 
der the laws of this or other States of the United States for the pur- /;/ - 
pose of furnishing life-indemnity or insurance upon the assessment - £>/ — ^1$ 
plan by its agents, to do any business in this State until such cor- 
poration or association shall deposit with the insurance commis- 
sioner of this State a certified copy of its charter or articles of 
corporation, a copy of its statement of business for the year ending 
the thirty-first day of the next preceding December, sworn to by the 
president or secretary, or like officers thereof, setting forth the number 
and amount of certificates of membership or policies in force, and 
a detailed account of its expenditures, income, assets and liabilities, 
and also a certificate, sworn to by the president and secretary, or 



|'§ 2062-2064 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 8. 



92 



Assessment and other companies, reports, etc. 



Acts 1887 
p. 125. 



Acts 1887, 
p. 125. 



Acts 1887 
p. 12(5. 



like officers thereof, setting forth that it has paid and has the ability 
to pay its certificates or policies to the full limit named therein; 
that its certificates or policies are payable only to beneficiaries, 
having a legal insurable interest in the life of the member or in- 
sured; that an ordinary assessment upon its members is sufficient to 
pay its maximum certificate of membership or policy, theretofore or 
thereafter to be issued to the full amount or limit named therein; 
a certificate from the insurance commissioner or other like officer 
charged with the duty of executing or enforcing the execution of 
the insurance laws of its home State, certifying that it is legally 
entitled to do business in said home State; a copy of the applica- 
tion for membership or insurance, and of each form thereof, if 
more than one form is used; a copy of the constitution and by-laws 
and of each and every addition thereto, which must show that all 
indemnities to beneficiaries are in the main provided for by assess- 
ments upon all surviving members . And whenever said company shall 
fail to pay a valid claim to the full limit named in any policy 
issued by them to any resident of this State, the insurance commis- 
sioner shall revoke their authority to do business in this State. 

§2062. Licenses to agents of assessment companies. After authorizing 
such corporation or association to do business in this State, as pro- 
vided in this Article, the insurance commissioner shall issue licenses 
to agents thereof, to be designated by the corporation or association, 
or a general agent thereof, authorizing them to act as such agents 
during the year for which said company is licensed; but such licenses 
must be renewed annually. 

§2063. Penalty for fraudulently procuring insurance. Any agent, 
physician, or other person who shall knowingly secure, or cause to be 
secured, a certificate of membership on any person without his knowl- 
edge or consent, or, by means of misrepresentations, false, fraudu- 
lent or untrue statements, be instrumental in securing a certificate 
of membership on any aged or infirm person, or in restoring to 
membership any person not in an insurable condition, shall be 
deemed guilty of a misdemeanor, and said certificate or renewal so 
secured shall be absolutely void. 

§2064. Annual report of business. Every corporation or associa- 
tion, which may be doing business in this State under the provisions 
of this Article, shall, on or before the first day of March in each 
year after it commences to do business in the State, make and file 
with the insurance commissioner a report of its affairs and operations 
during the year ending the thirty-first day of December next pre- 
ceding. Such annual reports shall be made upon blank forms to be 
provided and furnished by the insurance commissioner, and shall be 
verified under the oath of the president or secretary, or other like 



93 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 8. §§ 2065-2068 

Assessment and other companies, reports, etc. 

officers, and shall be published, or the substance thereof, in the 
annual report of said insurance commissioner. 

§2065. Fees to he paid. There shall be paid to the insurance com- Act ^ 6 887 ' 
missioner by each corporation or association authorized to do busi- 
ness in this State, the same fees as required by section 2059, together 
with all such subsequent fees as are prescribed under said section. 
In addition to the foregoing fees, every such corporation or associa- 
tion shall, on or before the first day of July of each year, report 
under oath of its president and secretary, or other like officers, to 
the insurance commissioner the gross amount received on business 
done in this State during the year ending the thirtieth of April next 
preceding, and shall at the same time pay into the treasury of this 
State a tax of one dollar upon each one hundred dollars of such 
gross amount so received by said association or corporation: Provided, 
however, that if such corporation or association should at any time 
be the owner of any real or personal property situated in this State, 
such property shall not be exempt from taxation by reason of the 
provisions of this section. 

§2066. Failure to make such report or -pay tax. If such corporation A ° ^g 887 ' 
or association shall at any time fail or refuse to make the annual 
report, or to pay the tax on the gross amount received, as herein- 
before provided, the insurance commissioner shall forthwith suspend 
or revoke all authority to such corporation or association, and all 
its agents, to do business in this State, and shall publish such revo- 
cation in some newspaper published in this State, and may proceed 
to collect whatever sum of money may be due or owing on account 
of such tax by suit or action, in the name of the State of Georgia, 
against such corporation or association. 

§2067. Exemption of fraternal, secret, and industrial societies, etc. ^ t f 2 6 887. 
Nothing in this Article contained shall apply to or be construed to 
require any fraternal, or secret, or industrial societies, or other 
associations exempt by law, now organized or to be organized in this 
State, to pay any license fee or tax, or to make or file reports with 
the insurance commissioner, or to prevent the same from doing 
business in this State, when the money, benefit, charity or relief is 
payable by the grand or supreme body of the same, and is derived 
from assessments on subordinate lodges, councils or other bodies or 
their members. 

§2068. License of fidelity companies. Any corporation now or here- ^f^ 887 ' 
after organized under the laws of this State for the purpose of 
transacting the business of fidelity-insurance shall be licensed to 
transact business upon compliance with all the requirements in this 
Article prescribed with reference to life-insurance companies organ- 
ized under the laws of this State, so far as the same may be appli- 
cable to such fidelity-insurance company; any fidelity-insurance 



§§2069-2073 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 9. 94 

Brokers may place insurance for companies not licensed in this State. 

company incorporated and organized under the laws of any other 
State of the United States, or foreign governments, and which has 
a paid-up capital of not less than two hundred and fifty thousand 
dollars, may be licensed to transact business in this State upon 
compliance with all the requirements prescribed by this Article, so 
far as the saVme may be applicable for license to foreign life-insur- 
ance companies to transact business in this State. 

A ) Ct i27 887 ' §2069. Live-stock and steam-boiler insurance companies subject. All 
live-stock and steam-boiler insurance companies chartered by this 
State or other States of the United States, or foreign governments, 
and doing business in this State, shall be subject to all the require- 
ments of this Article in relation to life-insurance companies, except 
the requirements in relation to valuation of policies. 

§2070. Commissioner and inspectors may administer oaths. The 
insurance commissioner and such person or persons as may be 
appointed by him to make inspections are hereby authorized to 
administer any and all oaths to parties and witnesses, as required 
under the provisions of this Article. 

Acts 1893, §2071. Law applicable to individuals. All laws regulating the 
business of insurance in this State by companies are applicable to 
individuals, associations and corporations in like business. 

Not so before Act of 1893: 92 Ga. 8. 
OW ,, " SECTION 0. 

J< BROKERS MAY PLACE INSURANCE FOR COMPANIES NOT LICENSED 

f] . * IN THIS STATE. 

Acts 1894, §2072. Insurance from brokers. Any person owning property in 
$2054. this State, or having an insurable interest in the same, may procure 
insurance thereon through any insurance broker duly licensed. To 
render insurance so obtained valid, it shall not be necessary that 
the insurance company with which the contract is made shall be 
doing business in this State, or be authorized to do business therein 
by the Constitution or any law of this State, but only that such 
company have the power by its charter, and the laws of the State or 
country in which the contract is made, to bind itself by such con- 
tract. 
Act io7 894 ' §2073. Who may be licensed as brokers. None but bona fide residents 
of this State, of good moral character and competent business qual- 
ifications, shall be licensed as insurance brokers, and who shall take 
and subscribe the following oath: " I do swear that I will justly and 
uprightly demean myself as an insurance broker, and will explain 
fully the character, residence, and solvency of any company with 



95 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 9. §§2074-2077 

Brokers may place insurance for companies not licensed in this State. 

which I shall negotiate for insurance on property in this State, and 
will not deceive, or attempt to deceive, any who come to me for such 
insurance, in any way whatsoever. So help me- God." 

§2074. Copy charter of company to be filed. And before any license -^JjfJ 94 ' 
shall issue, the applicant shall file with the insurance commissioner 
an exemplified copy of the charter of each company with which he 
proposes to do business in behalf of his principals or employers, 
together with a statement, under oath, of the president and secre- 
tary of every such company, similar to that described in section 2033. 
For filing certificates, copies of charter, and for all other services 
rendered by the insurance commissioner, under this Article, the 
broker shall pay the same fees as are required of insurance compa- 
nies by the above-mentioned Section, and the commissioner shall be 
allowed to retain for his compensation the same proportion thereof. 

§2075. Commissioner to examine statement. It shall be the duty of ^ ct ^ 894 ' 
the insurance commissioner to examine the statements, and if satis- 
fied that the same are correct, that the company is solvent, reliable, 
and in good standing, and that the applicant is not only a bona fide 
resident of this State, but a fit and proper person to exercise the 
calling of an insurance broker, he shall license him as such, desig- 
nating in the license each and every insurance company with which 
he is authorized to contract beyond the limits of this State. 

§2076. Cancellation of license. Should the fact, at any time, come A p ct f 7 894 ' 
to the knowledge of the insurance commissioner that any insur- 
ance company designated in any license issued by him is not solvent, 
reliable, and in good standing, he shall revoke and cancel the license, 
in so far as it authorizes the broker to contract with that company; 
and on notice from the commissioner, it shall be the duty of the 
broker to whom it was issued to present it forthwith for such can- 
cellation, f 

§2077. Broker may make inspections, surveys, etc. It shall be lawful ^ ct f 8 894 ' 
for every duly licensed insurance broker, from time to time, so long 
as his license is in force, to make, or cause to be made, inspections, 
surveys, diagrams, and descriptions of property in Georgia, which 
he may be employed to have insured beyond the limits of this State, 
and to forward the same to any insurance company specified in his 
license, as a basis for contracting with such company for insuring 
the property; and in case of loss or damage after the insurance is 
effected, it shall be lawful for such loss or damage to be adjusted 
and paid in the manner and by the means usual with insurers and 
the assured for so doing. No penalty whatever shall be incurred by 
any inspector, adjuster, or other person for participating bona fide 
in these transactions. It shall also be lawful for any such broker 
to forward cash premiums or installments, premium notes, and all 
documents whatsoever requisite to procure and keep up the insurance 



Acts 1894, 
p. 108. 



2078-2081 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 9. 96 

Brokers may place insurance for companies not licensed in this State. 

for which he may contract under the authority of his license, and 
he shall incur no penalty for so doing, but he shall do nothing as 
the agent or representative of any insurance company, nor shall any 
such company be bound by his acts; the true intent and meaning 
of this law being, that he shall act alone in behalf of such persons 
as may employ him to procure insurance, or to renew and keep up 
the same, to afford aid in collecting loss or damage covered thereby. 
§2078. Semi-annual statements to be filed by brokers. Every insur- 
ance broker shall file with the Governor semi-annual statements on 
the first day of January and July each year, or within sixty days 
thereof. These statements shall contain a full and accurate report of 
the condition on the thirtieth day of June and thirty-first day of De- 
cember then next preceding, of each company specified in the broker's 
license. They shall be made in every respect like those described 
in section 2033 of this Code, and shall be sworn to by the president 
and secretary of the company to which they relate, and the broker 
shall publish, at his own expense, a duplicate thereof in a newspaper 
of general circulation in this State. Failure to file a statement 
within due time, or to publish it, shall work a forfeiture of the 
broker's license in so far as it relates to contracting with that com- 
pany, and the insurance commissioner shall revoke and cancel it ac- 
cordingly. 

Acts 1894, 82*079. When insurance obtained, statement to be made. Whenever 

p- 108 - • • 

any licensed insurance broker shall obtain any insurance, he shall 

at once make to the insurance commissioner a sworn statement of 
the same. His books shall at all times be subject to the inspection 
of that officer, and shall be produced and shown to him whenever re- 
quired. His books shall set forth the following facts: 1. The exact 
amount of insurance procured for each and every person, giving the 
name of the person. 2. The gross premium charged thereon. 3. The 
name of the insurance company. 4. The date and duration of the 
policy. 
Acts 1894, 82080. Tax on qross premiums. Each and every licensed broker 

p. 109. ° . ° * . J 

shall pay into the treasury of this State the same tax on the gross 
premiums upon all policies procured by him as insurance companies 
authorized to do business here are required to pay. 
Acts 1894, §2081. Penalty for violation of this Article. Any person who shall 
do, or attempt to do, the kind of business provided for by this Article 
without being duly licensed, or who shall continue or attempt to 
continue it after his license has been forfeited or revoked, and any 
licensed insurance broker who, after failing to comply with any 
requirement made of him by this Article, shall apply for, or pro- 
cure in behalf of any person whatever, any insurance on property 
in this State other than his own or that in which he has some 
insurable interest, shall be guilty of a misdemeanor. 



p. 109. 



97 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 9. §§2082-2084 

Brokers may place insurance for companies not licensed in this State. 

§2082. Agreement to designate person to be served in case of suit. Be- Actsimt, 
fore any insurance broker shall be licensed to do business with any §4975." 
insurance company not authorized to do business in this State, the 
broker so applying for license shall file with the insurance commis- 
sioner a statement signed by the president of such insurance com- 
pany, agreeing, in case any default is made in the payment of any 
loss on any policy issued by such company on property located 
within this State, and suit is desired to be instituted by the policy- 
holder to enforce the collections on said policy, the company will 
indicate an attorney at law to acknowledge service on any writ that 
may be filed in the county of the insurer's residence, or if insured 
resides out of the State, then in county where loss occurs, to collect 
the same, and will submit itself to the jurisdiction of said court: 
Provided, however, that notice of loss under any policy contemplated 
under this Article shall be mailed by registered letter to home office 
of company in which loss occurs, and in case said company fails to 
designate its attorney on whom service shall be perfected in case 
suit on said loss is brought within ten days after reception of said 
registered letter, then service shall be perfected on said company by 
publication as prescribed by the general law of the State where 
service by publication is necessary. And said company shall file 
with the insurance commissioner an agreement to abide by and 
accept said service as final, before being allowed to place a policy in 
this State. 

§2083. Failure to pay judgment, license to be canceled. Should any Actsi894, 
company, having issued an insurance policy or policies under this 
Article, fail to pay any final judgment obtained in this State, upon 
any loss or damage sustained by the insured, within thirty days 
after the rendition thereof, it shall be the duty of the insurance 
commissioner to recall and cancel the licenses of all brokers to 
negotiate and place insurance with such company on property in 
this State. 

§2084. Policy must show company has no agent or deposit in Georgia. Actsi894, 
All insurance brokers doing business in this State under the pro- 
visions of this Article, shall have printed in large letters across the 
face of each policy the following words: "This company has no 
deposit and no agents in Georgia." Any insurance broker violating 
this provision shall have his license to do business in this State 
revoked by the insurance commissioner. 
7 



§§2085, 2086 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 10. 98 



Pooling. 



SECTION 10. 

POOLING. 

*p Ct 206 8901 ' §2085. Unlawful for companies to make contracts affecting competition. 

$58oo. it shall be unlawful for any insurance company or companies 
authorized to do business in this State, or the agent or agents 
thereof, to make, maintain, or enter into any contract, agreement, 
pool, or other arrangement with any other insurance company or 
companies licensed to do business in this State, or the agent or 
agents thereof, for the purpose of, or that may have the tendency 
or effect of, preventing or lessening competition in the business of 
insurance transacted in this State. And when it shall be made to 
appear to the commissioner of insurance, that any company or com- 
panies, agent or agents, have entered into any such contract, agree- 
ment, pool or other arrangement, said commissioner shall revoke 
the license issued to such company or companies, and the same shall 
not be reissued until the president or chief officer of such company 
or companies shall file an affidavit with said commissioner, stating 
that such contracts, agreements, pools or other arrangements have 
been annulled and made void: Provided, that nothing in this Article 
shall be so construed to prevent any insurance company, legally 
authorized to transact business in this State, from separately sur- 
veying, inspecting or examining the premises to be insured by and 
with the consent of the owner, for the purpose of bringing about 
improvements in fire protection, so as to lessen the cost of insurance 
by reducing rates. 

^.axJL 90 " 1 ' §2086. Complaints by citizens and citation. Any citizen of this State 
(whose rates of insurance have been increased, or who has been re- 
fused insurance at reasonable rates) shall have the right to file a 
written complaint under oath, to the best of his knowledge and be- 
lief, with the insurance commissioner, charging any company or 
companies authorized to do business in this State with a violation 
of the preceding section, and thereupon it shall be the duty of said 
insurance commissioner to issue a citation, addressed to the company 
or companies against whom said complaint is made, requiring it or 
them to be and appear before said insurance commissioner at a time 
and place to be fixed by said insurance commissioner, not less than 
twenty nor more than forty days from the date of the filing of such 
complaint, and show cause why their license should not be revoked 
as provided by the preceding section. Said citation shall be served 
not less than ten days from the date of filing said complaint, by the 
sheriffs or constables of said State in the same manner as provided 
by law for the service of process upon insurance companies. 



99 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 11. §§2087-2090 

Fire-insurance contracts. 

§2087. Practice as to testimony, etc. For the purposes of the pro- 
vision of this Article, the insurance commissioner shall have power 
to administer oaths, issue subpoenas for witnesses, hear testimony, 
issue commissions for taking testimony by interrogatories; and the 
party or parties complaining, and the company or companies de- 
fending, shall have the right to serve notice for the production of 
books and papers, under the same rules as now provided by law for 
civil actions in the superior courts. 

§2088. Forum. The county in which the insurance commissioner 
shall fix the hearing shall be the loci forum of said hearing or trial. 
The costs and fees for the sheriff or constable, witnesses, and the 
commissioners taking interrogatories, shall be the same as now pro- 
vided by law for similar service in the superior courts of this State, 
the same to be taxed against and paid by the par^y or parties cast in 
said suit, and against whom said insurance commissioner shall find; 
for which costs said insurance commissioner is hereby authorized to 
issue execution to be levied and collected as executions from the 
courts of this State. 



SECTION 11. 

FIRE-INSURANCE CONTRACTS. 

§2089. (2794.) Contract of fire-insurance. The contract of fire 
insurance is one whereby an individual, or company, in consideration 
of a premium paid, agrees to indemnify the assured against loss by 
fire to the property described in the policy, according to the terms 
and stipulations thereof. Such contract, to be binding, must be in 
writing; but delivery is not necessary if, in other respects, the con- 
tract is consummated. 

When delivery to the agent sufficient : 56 Ga. 340. Where the policy was in 
hands of his agent for him : 50 Ga. 412. 

Action on parol renew ah of insurance policy demurrable: 71 Ga. 478. Not 
amendable into action for refusing to renew : 71 Ga. 478. 

Contract of insurance must be in writing: 51 Ga. 76; 91/478. Need not be 
delivered: 91 Ga. 478. 

Alteration of the contract must be in writing : 49 Ga. 567 ; 51/80 ; 54/289 ; 62/23. 
Where company's agent verbally permitted insured goods moved into another 
building, policy not vitiated : 94 Ga. 128. 

§2090. (2795.) Interest of assured. To sustain any contract of 
insurance, it must apppear that the assured has some interest in the 
property or event insured, and such as here presented himself to 
have. A slight or contingent interest is sufficient, whether legal or 
equitable, and several having different interests may unite in pro- 
curing one policy: so a husband or parent may insure the separate 



§§2091-2097 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 11. 100 

Fire-insurance contracts. 

property of his wife or child, the recovery being held by him in 
trust for them ; but a mere expectation of an interest is not in- 
surable. 

What is an insurable interest : 42 Ga. 587 ; 63/669. Very slight interest suf- 
ficient : 53 Ga. 578 ; 58/254. No such assignment of policy before the fire : 
62 Ga. 197. 

Head of family has insurable interest in homestead property : 67 Ga. 11. 

Lessee, placing valuable improvements on homestead property leased, has 
insurable interest, and alone was entitled to recover for loss here: 76 Ga. 36. 

Partnership has no insurable interest in household or kitchen furniture or 
wearing apparel of one partner and his wife: 94 Ga. 631. 

§2091. (2796.) Insuring interest of another. If one undertakes to 
insure the interest of another, it must be done by his consent, or 
be subsequently ratified by him ; but an insurer may reinsure to 
protect himself against loss on his contract. 

§2092. (2797.) Insurance on changing property. A policy of in- 
surance may be made to cover property changing daiiy in its specific 
articles, as a stock of goods. 

§2093. (2798.) Construction. The contract of insurance should 
be construed so as to carry out the true intention of the parties. 

§2094. (2799.) Loss, what is. A loss or injury may occur from 
fire without the actual burning of the articles or property, as a 
house blown up to stop a conflagration, or goods removed in immi- 
nent danger, or damage by water used to extinguish the flames. 

§2095. (2800.) Loss unknown to the parties. If the loss has already 
occurred, and both parties are ignorant of it, the contract is valid; 
but the slightest grounds of suspicion known to the insured will 
vitiate the contract, unless made known to the insurer. 

Where the insurance company not released : 45 Ga. 294, 297. 

§2096. (2801.) Diligence by assured. The assured is bound to or- 
dinary diligence in protecting the property from fire, and gross neg- 
ligence on his part will relieve the insurer. Simple negligence by a 
servant, or the assured, unaffected by fraud or design in the latter, 
will not relieve the insurer. 
$3533. §2097. (2802.) Application, good faith. Every application for in- 

surance must be made in the utmost good faith, and the representa- 
tions contained in such application are considered as covenanted to 
be true by the applicant. Any variation by which the nature, or 
extent, or character of the risk is changed, will void the policy. 

This provision of the Code referred to : 53 Ga. 537, 549. The character of the 
variation must affect the risk : 58 Ga. 420, 425. Not to state he is insolvent 
and that there are judgments against him is no violation of requirements of 
this section : 41 Ga. 660. 

Though insurance policy refers to application therefor and makes it a part 
thereof, former admissible without latter, when: 85 Ga. 751. 



101 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 11. §§2098-2103 

Fire-insurance contracts. 

§2098. (2803.) Effect of misrepresentation. Any verbal or written $ 3533 - 
representations of facts by the assured to induce the acceptance of 
the risk, if material, must be true, or the policy is void. If, how- 
ever, the party has no knowledge, but states on the representation 
of others, bona fide, and so informs the insurer, the falsity of the in- 
formation does not void the policy. 

Utmost good faith required, and any misrepresentation affecting the risk 
avoids the policy : 41 Ga. 338, 366 ; 53/550. Misstatement to have effect must 
be material and affect the risk : 58 Ga. 420, 251. 

Applied to representation by assured as to value of property : 68 Ga. 197. 

Where insurer's agent examined property and knew value, insurer cannot 
claim insured for too much, etc. : 68 Ga. 197. 

Question as to whether misstatement is material is one for jury : 80 Ga. 224. 

§2099. (2804.) Concealment. A failure to state a material fact, if ^ 3534 - 
not done fraudulently, does not void; but the willful concealment 
of such a fact, which would enhance the risk, will void the policy. 

Section cited and construed : 58 Ga. 426. 

To avoid policy for false swearing, or fraud, scienter essential element of 
proof : 74 Ga. 642. 

§2100. (2805.) Increasing risk. Any change in the property, or 
the use to which it is applied, without the consent of the insurer, 
whereby the risk is increased, voids the policy. 

Under facts here, premises were "occupied" at time of fire, within meaning 
of policy: 74 Ga. 642. 

Though policy stipulates that agent cannot waive any conditions, allega- 
tion of waiver by agent "duly authorized," not demurrable: 94 Ga. 128. 

§2101. (2806.) Willful misrepresentation voids policy. Willful mis- 
representation by the assured, or his agent, as to the interest of the 
assured, or as to other insurance, or as to any other material inquiry 
made, will void the policy. 

But the misrepresentations must have been of material facts : 58 Ga. 251, 425. 
The question of materiality is one for the jury : 80 Ga. 224. 

§2102. (2807.) E feet of alienation. An alienation of the property $ 3608 - 
insured, and a transfer of the policy, without the consent of the in- 
surer, voids it; but the mere hypothecation of the policy, or creating 
a lien on the property, does not void. 

Not such an alienation of the property as would defeat recovery in the pol- 
icy : 62 Ga. 519. 

A sale reserving title was not such an alienation, under terms of policy, as 
would vitiate it : 94 Ga. 630. 

Deed under section 2771 of Code avoids policy : 95 Ga. 792. 

§2103. (2808.) Transfer to one of several. A policy issuing to 
several, may be transferred to one of the assured without the con- 
sent of the insurer. 



2104-2108 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 11. 102 

Fire-insurance contracts. 

§2104. (2809.) Partial sale. A partial sale- of property insured, 
voids the policy only pro tanto. A sale not fully executed, and pos- 
session remaining with the assured, does not void. 

§2105. (2810.) Transfer after loss. After the loss occurs, a sale 
of the property and transfer of the policy does not affect the lia- 
bility of the insurer, but the assignee may recover. 

May assign fire-insurance policy in writing to creditor, to extent of the debt, 
after loss occurs : 53 Ga. 359. 

§2106. (2811.) Or by operation of law. A transfer of the property 
or policy by operation of law, or under the order of the court, will 
confer on the assignee all the rights of the assured. 

§2107. (2812.) Second insurance. A second insurance on the same 
property, unless by consent of the insurer, voids his policy. 

As to consent to new insurance to insured by the agent of insurance com- 
pany : 40 Ga. 135. Although the second insurance voidable by second company : 
42 Ga. 456. Agent of company receiving notice of prior insurance from insured 
and yet issuing the policy, not void : 41 Ga. 660. 

Agent who issued first policy, ceasing to represent company, without in- 
sured's knowledge, then issuing second policy, first policy avoided : 91 Ga. 717. 

Notice of intention to take additional insurance, and consent by agent, 
binds insured : 91 Ga. 719. 

§2108. (2813.) Prescribing regulations. Every insurer has a right 
to prescribe regulations as to notice and preliminary proof of loss, 
which must be substantially complied with by the assured: Provided, 
the same are made known at the time of the insurance, and are not 
materially changed during the existence of the contract. An abso- 
lute refusal to pay waives a compliance with these preliminaries. 

Limitation by stipulation that suit for loss or damage shall be commenced 
in twelve months from the time the loss occurred is valid, and when cannot be 
waived: 55 Ga. 267. A paid-up policy according to agreement: 55 Ga. Ill 
Acceptance by agent of premium when overdue, waiver of forfeiture : 59 Ga. 
813 ; 57/469. Conduct of company's agent here waived preliminary proof of 
loss: 62 Ga. 188. 

Absolute refusal by insurer to pay waives preliminary proof of loss : 67 Ga. 
11 ; 68/197. 

Proofs submitted to general adjuster of foreign insurance company, 
engaged in the particular case, sufficient: 67 Ga. 661. 

Refusal to pay or fix liability during pendency of garnishments, waives pre- 
liminary proofs of loss during that time: 67 Ga. 661; 68/197. 

In action on insurance policy, affidavits proving death, admissible to show 
requirement of preliminary proof complied with : 85 Ga. 751. 

Though policy stipulates that proof of death must be "direct and positive," 
circumstantial evidence alone may be sufficient : 85 Ga. 751, 755. 

"New York Standard Mortgagee Clause," protecting mortgagee against 
mortgagor's negligence, does not dispense with proof of loss, by mortgagor 
primarily, or by mortgagee : 94 Ga. 167. 

Declaration alleging compliance may be amended by alleging waiver by 
refusal to pay : 94 Ga. 785. 



103 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 11. §§ 2109-2113 



Fire-insurance contracts. 



§2109. (2814.) Amount of recovery. The assured may recover the 
full amount of his loss: Provided, the same is within the amount 
insured. If he has several policies on the same property, the re- 
covery from each company will be pro rata as to the amount insured. 

Whole loss settled under six policies, insured cannot recover on seventh, 
its liability, if any, being for contribution to other six : 88 Ga. 65. 

Where floating policy did not cover same property as specific policy, no con- 
tribution: 94 Ga. 359. 

§2110. Valued policy. All insurance companies shall pay the f ull A p ct f 1 1895, 
amount of loss sustained upon the property insured by them: Pro- 
vided, said amount of loss does not exceed the amount of insurance 
expressed in the policy; and all stipulations in such policies to the 
contrary shall be null and void: Provided, that in cases of losses on 
stocks of goods and merchandise and other species of personal prop- 
erty changing in specifics and quantity by the usual customs of 
trade, only the actual value of the property at the time of loss 
may be recovered: Provided, the loss does not exceed the amount 
expressed in the policy. 

§2111. (2815.) Estimation of value. The value of property is to be 
estimated at the time of the loss. Contingent profits are not a part 
of such value. 

As to how value of house insured arrived at : 58 Ga. 251. 

§2112. (2816.) Privilege of rebuilding . The privilege of rebuilding 
or reinstating the property must be reserved in the policy, or it does 
not exist. In such cases, the assured has no claim for rents, if done 
within a reasonable time, nor the insurer for increased value from 
the fact of new and more valuable materials. 

§2113. (2817.) Recovery bach by insurer. If, after payment of loss, 
the insurer discovers evidence to show himself not liable on the policy, 
he may recover back the money in an action for money had and 
received. 

General Note on Fiee-Insueanoe. — (See notes on Corporations generally, at 
end of Chapter 1, ante.) List of articles admitted as evidence as to what and 
how much was lost by the fire : 41 Ga. 660. Bill for specific performance : 55 
Ga. 111. Agents do not bind insurance company where act outside of au- 
thority conferred on them : 50 Ga. 52. When parol declaration of insurance 
agent cannot contradict terms of a written contract where no fraud, accident 
or mistake : 43 Ga. 423. Waiver of forfeiture by insurance agent : 57 Ga. 469. 
When differences to be settled by arbitration does not prevent suit by assured, 
and as to what conditions binding on assured : 51 Ga. 95. Bill for fraud in an 
agent : 43 Ga. 583. Where no cancellation of policy before loss : 45 Ga. 294. 
Landlord insuring building did not vary rights or liability of tenant : 39 Ga. 
471. Objection to payment of loss not waiver of other objections : 24 Ga. 97. 
Notice of prior insurance to company's agent, waiver of that condition in 
policy : 41 Ga. 660. Where joint action against several companies at once : 53 
Ga. 442. Damages against, for failure of company's agent to renew policy : 



2114-2117 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 12. 104 

Life-insurance. 

53 Ga. 109. Where could not be joint suit by several companies : 55 Ga. 674. 
Misrepresentation by company's agent concealing a fact: 58 Ga. 251. What is 
not a misrepresentation : 42 Ga. 587. Should be sued where principal office or 
agency at the time : 54 Ga. 376. 

Policy could not be canceled here by mutual agent, but he could give notice 
of demand for cancellation ; as to character of demand: 66 Ga. 446,447. 

Magistrate's certificate of loss, not conforming to requirements, admitted 
to rebut badge of fraud, when : 66 Ga. 446. 

Policy stipulating that insured should keep set of books and inventory, and 
compliance with all conditions being alleged, plaintiff's testimony attacking 
said stipulation inadmissible : 79 Ga. 666. 

Policy on stock of goods, etc., prohibiting keeping inflammable substance on 
premises, not avoided here by keeping some kerosene, etc. : 95 Ga. 604, 605. 



r.*-* ^"V*^ /erwc~*<y section 12. 

tMt^t wuM »'7i 






K 



LIFE-INSURANCE. 



§2114. (2818.) Contract of life-insurance. An insurance upon life 
is a contract by which the insurer, for a stipulated sum, engages 
to pay a certain amount of money if another dies within the time 
limited by the policy. The life may be that of the assured, or of 
another in whose continuance the assured has an interest. 

Life of another insured, where forfeiture by failure to pay premiums before 
death: 8 Ga. 534. Wife insuring husband's life: 44 Ga. 119. 

Payment of premiums on policy of life-insurance by third party gives him 
insurable interest : 76 Ga. 272. 

§2115. (2819.) By whom taken. Contracts of life-insurance can 
be taken only by persons or corporations specially authorized so to 
do by law. 

§2116. (2820.) To whom to be paid. The assured may direct the 
money to be paid to his personal representative, or to his widow, or 
to his children, or to his assignee; and upon such direction, given 
and assented to by the insurer, no other person can defeat the same. 
But the assignment is good without such assent. 

Where son insured, payable to legal representative and was assets for pay- 
ment of debts and distribution : 52 Ga. 458, 460. Where proceeds paid to 
widow and children : 61 Ga. 654. 

Codified from 13 Ga. 355 ; obiter dictum that assured's creditors might reach 
policy payable to wife, not codified and not law: 75 Ga. 755. 

As to rights of creditors of assured to reach proceeds of life-insurance, policy 
payable to heirs and assigns of assured : 93 Ga. 752. 

§2117. (2821.) Law of fire-insurance applicable. The principles 
before stated as to fire-insurance, wherever applicable, are equally 
the law of life-insurance. 



105 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 12. §§2118, 2119 

Life-insurance. 

§2118. (2822.) Self -caused death releases insurer. Death by suicide, 
or by the hands of justice, either punitive or preventive, releases 
the insurer from the obligation of his contract. 

Section cited : 56 Ga. 340. What is dying by his own hand where a man 
died from an overdose of laudanum administered by himself: 41 Ga. 338. 
When death of insured produced by his own hand voids the policy, insanity: 
55 Ga. 103. When self-destruction of insane person not suicide so as to avoid 
a policy of life-insurance : 57 Ga. 533. 

§2119. (2823.) Time, how counted. A policy of life-insurance runs 
from midday of the date of the policy, and the time must be estima- 
ted accordingly, if the policy is limited to a specified number of years. 

General Note on Life Insurance. — (See notes on Corporations generally, at 
end of Chapter 1, ante.) 

Notes embraced in Code of 1882 : 

Admission ; when entry on back of application signed by applicant that the 
party was mulatto, was no admission by him that he was: 39 Ga. 232. 

Agent, where exceeds his authority and powers: 56 Ga. 237; 50/57. As to 
powers and duties of, and subagents : 57 Ga. 64. 

Application, good faith required in, for a policy: 41 Ga. 338. 

Condition precedent, failure to pay annual premium was, which, although 
the war prevented, avoided the policy: 44 Ga. 119. Where proof of sixty 
days notice, to recovery after death : 36 Ga. 429. 

Contract, when, or receipt not binding on company to issue a policy: 
50 Ga. 48. 

Custom cannot vary an express contract: 48 Ga. 601. 

Damages, to subject to, and attorney's fees, demand for amount due sixty 
days before suit and refusal to pay must be averred : 55 Ga. 475. 

Delivery of policy to agent of the party is to the party : 56 Ga. 339. 

Hirer, where not entitled to any insurance : 30 Ga. 87. 

Mutual insurance, on ten years plan : 50 Ga. 196. 

Parol evidence of agent before policy issued will not be received to con- 
tradict it: 43 Ga. 423. 

Policy, when not entitled to a paid-up: 50 Ga. 196. 

Premiums due, not receivable after death of insured : 8 Ga. 534. Failure 
to pay, avoiding the policy : 50 Ga. 414; 8/534. 

Security collateral, assignment of policy as, to creditor, residue after pay- 
ment of debt went to his widow : 13 Ga. 355. 

Suit in any county where company has office or agency where the matter 
occurred : 55 Ga. 103. 

Waiver, refusal to pay is, of the sixty days time reserved by policy within 
which to make payment: 55 Ga. 103; 62/187. By agent, of forfeiture, re- 
ceiving premiums overdue : 57Ga.469; 59/813; 56/343; 54/640. 

War, effect of : 44 Ga. 119. 

Notes from decisions since Code of 1882 : 

Accident-insurance, accepting a "dare" made mutual combat, or fight; 
no liability for death under accident-policy excepting fighting: 87 Ga. 497. 
Whether slayer sane or not : 87 Ga. 497. Meaning of word "immediately" in 
accident-policy, which insures against loss of time from business from acci- 
dent which immediately disables, etc. : 91 Ga. 698. 

Cancellation, recovery for wrongful cancellation of policy, not reduced be- 
cause of benefits enjoyed by assured under policy : 74 Ga. 51. 



2120-2126 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 13. 106 

Marine-insurance. 

Premiums, default in payment of, by insured, forfeits policy though same 
transferred to insurer as collateral security for debt : 76 Ga. 575. Payment at 
noon on day of maturity, waived by custom of receiving premiums later in the 
day : 74 Ga. 51. Conduct of insurer here operated as waiver of time as essence 
of contract as to payment of premiums : 62 Ga. 247. Unpaid over six months 
shows purpose to abandon policy, though usual notice not received: 76Ga.575. 



SECTION 13. 

MARINE-INSURANCE . 

§2120. (2824.) Contract of marine-insurance . A contract of marine- 
insurance is one by which a person or corporation, for a stipulated 
premium, insures another against losses occurring by the casualties 
of the sea. 

§2121. (2825.) Unlawful commerce . Prohibited or illegal commerce, 
or commerce with an enemy, or goods contraband of war, are not the 
subjects of marine-insurance. 
$3991. §2122. (2826.) Double insurance. Double marine-insurance may 

be obtained by a party having an insurable interest; but in case of 
loss, he can recover from both companies only the full value of such 
interest. If one underwriter pays the whole amount, he is entitled 
to contribution from the other. 

§2123. (2827.) Implied warranty. The assured impliedly warrants 
that the ship is seaworthy, and shall not be changed except from 
necessity, and that she shall be employed, conducted and navigated 
with reasonable skill and according to law. 

§2124. (2828.) Illegal voyage. The illegality of the voyage, whether 
known to the assured or not, renders the contract void. 

§2125. (2829.) Deviation. A deviation from the voyage, if volun- 
tary and not from necessity, voids the policy. This necessity may 
arise from — 

1. Stress of weather. 

2. Want of necessary repairs. 

3. Joining convoy. 

4. Succoring ships in distress. 

5. Avoiding capture or detention. 

6. Sickness of master or crew. 

7. Mutiny on board. 

8. Any similar cause founded upon reason. 

§2126. (2830.) Perils of the sea. The "perils of the sea" compre- 
hend all those misfortunes to which goods and ships at sea are ex- 
posed from earth, air, fire or water. Loss from enemies is not 
included, unless expressly named. The negligence or uhskillfulness 
of masters or mariners is not included in a policy on the ships or 



107 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 13. §§2127-2133 

Marine-insurance. 

goods belonging to the owners of the vessel. If loss occurs to third 
persons therefrom, the underwriter may recover from the owner of 
the ship the amount paid by him. 

In marine risk, what proof of damages by partly salt and partly fresh 
water, is proof of damages by the "perils of navigation" : 55 Ga. 267. Section 
cited and construed : 46 Ga. 655. 

§2127. (2831.) Continuance of risk. Generally the risk continues 
till the goods are delivered on shore at the port of destination, or to 
others by direction of the assured. 

§2128. (2832.) Increase of risk. Any change by which the risk is 
increased voids the policy. 

§2129. (2833.) Open policy. An open policy is where the amount 
of the interest of the assured is not fixed by the policy, but is left 
to be adjusted in case of loss; such policies may issue in blank to be 
filled by the insured as new risks may be desired. 

§2130. (2834.) Value, how ascertained. The value stated in a policy 
is always subject to be reduced by proof. 

§2131. (2835.) Former rules applicable. The rules as to warran- 
ties, misrepresentations, and concealments, are the same in marine 
as in fire insurance. 

§2132. Rights of owners of merchandise on vessels. Whenever any^ ct ^ 889, 
cotton or merchandise on any vessel loading or loaded within the 
waters of this State is damaged by fire or water, or both, while within 
the waters of this State, the owners or insurers of such cotton or 
merchandise, or the agents of either or any of them, shall, after 
having given a satisfactory bond for the payment of . the pro rata 
share of said cotton or merchandise in any liability for salvage, and 
in the expenses of general or particular average, and after having 
given a bond to hold the ship harmless against the liens of those 
holding the bills of lading for said cotton or merchandise, be au- 
thorized to take possession of and control such damaged cotton or 
merchandise, and use, manage, and dispose of the same for the pro- 
tection of the interest of such owners or insurers in such property, 
any law, usage, custom or anything in the contract of affreight- 
ment with the owner, master or agent of such vessel to the contrary 
notwithstanding: Provided, that, as between the owner and insurer, 
the rights and powers of the owner shall be prior and superior to the 
rights and powers of the insurer, except as specially stipulated in the 
contract of insurance. 

§2133. Owner or master of vessel must care for damaged property. 
Nothing in the preceding section shall be construed to relieve such 
owner or master of such vessel from taking proper care of such dam- 
aged property in the event the owners or insurers, within a reasonable 
time after such damage, fail to take control of such cotton or mer- 



2134-2137 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 14. 108 



Mutual insurance. 



chandise, and nothing herein contained shall be construed to relieve 
said damaged property from the liability imposed by existing laws 
and customs to contribute its proportion to the expenses accruing up 
to the time said property is taken possession of by the owner, in- 
surer or agent. 

General Note on Marine-Insurance. — Waiver by the company : 41 Ga. 130. 
When no power to waive : 56 Ga. 237. 



SECTION 14. 

MUTUAL INSURANCE. 

§2134. (2836.) Contract of mutual insurance. The contract of in- 
surance is sometimes upon the idea of mutuality, by which each of 
the assured becomes one of the insurers, thereby becoming inter- 
ested in the profits and liable for the losses; without a charter, 
such an organization would be governed by the general law of part- 
nership; when incorporated, they are subject to the terms of their 
charter. 

A life-policy with participation in profits, where entitled to a paid-up 
policy : 55 Ga. 111. Where proceeds of policy by Georgia Masonic Mutual Life 
Insurance Company went to widow and children : 61 Ga. 654. 

Being a trust fund, statute of limitations does not apply: 72 Ga. 373. 

Except as changed by charter, equity will apply general law of partnership, 
in respect to interest in and division of profits : 72 Ga. 373. 

Interpretation and discussion of mutual policy : 82 Ga. 478 ; and status of 
members : 72 Ga. 373. 

Where dismissal of action upon a mutual insurance policy on demurrer, was 
error : 87 Ga. 426. Necessity of notice of assessments ; mutual contrasted with 
ordinary life-policies : 87 Ga. 426. 

§2135. (2887.) By-laws. The rules and regulations of such a 
company, adopted in pursuance of the charter, become a part of 
each policy, and all the assured are presumed to have notice thereof. 
But new conditions cannot be annexed to the policy after it is issued, 
except by the consent of the assured. 

The amended by-law did not invade, impair or annex any conditions to the 
policy : 52 Ga. 642. 

§2136. (2838.) Officers agents of all. The officers of such a com- 
pany are the agents of all the assured, and to the extent of their 
misconduct or neglect, shall affect each, upon the general principles 
governing principal and agent, except as to the transaction of making 
the contract of insurance; up to the time of its execution, the as- 
sured stands as a third party, and the officer issuing the policy acts 
for those already in the company. 

§2137. (2839.) Liability for reducing funds. If a mutual insur- 
ance company, by dividends, reduces its available funds below the 



109 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 15. §§2138-2140 



Damages. 



point of remaining able to meet all losses occurring on policies then 
in existence, the directors of such company primarily, and the par- 
ties receiving the dividends, ultimately and pro rata, shall be liable 
individually, jointly and severally, for the amount of such unpaid 
losses. 

§2138. (2840.) Stricter good faith required. A stricter good faith 
as to representations and concealments, should be required in mu- 
tual insurance than in any other similar contracts. 

Facts did not authorize rescission for alleged fraud, after lapse of fifteen 
years : 82 Ga. 479. 

§2139. (2841.) Agencies of foreign companies to be licensed. Agents 
of all foreign insurance companies must obtain a license before taking 
insurance in this State, under the penalties and in accordance with 
the provisions of this Code. 

General Note on Mutual Insurance. — Premium money on mutual life-pol- 
icy, retained by assured as loan, bore interest to maturity of policy : 82 Ga. 478. 

Sick benefit recoverable only on complying with the rules of the association, 
as to furnishing doctor's certificate, etc. : 70 Ga. 340. 

Stipulation that dividends should pay interest on premium loans, was not 
guaranty that they would pay all of it: 82 Ga. 478. 



SECTION 15. 



DAMAGES. 



§2140. (2850.) Insurance companies shall pay damages, when. The A ^ ^g 1872, 
several insurance companies of this State, and foreign insurance §§ 3796 > 3908 - 
companies doing business in this State, in all cases when a loss oc- 
curs, and they refuse to pay the same within sixty days after a de- 
mand shall have been made by the holder of the policy on which 
said loss occurred, shall be liable to pay the holder of said policy, 
in addition to the loss, not more than twenty-five per cent, on the lia- 
bility of said company for said loss; also, all reasonable attorney's 
fees for the prosecution of the case against said company: Provided, 
it shall be made to appear to the jury trying the same, that the re- 
fusal of the company to pay said loss was in bad faith. 

To subject to damages and attorney's fees under this section, a demand 
for amount due and refusal to pay, sixty days before suit brought, must be 
plainly averred : 55 Ga. 476. Where no evidence to justify damages under this 
section : 55 Ga. 110, 111. Not liable to pay fees of opposing counsel, unless re- 
fusal to pay be in bad faith : 63 Ga. 205. 

Where damages for bad faith were properly allowed against fire-insurance 
company : 74 Ga. 643. Term "bad faith" denned : 74 Ga. 220. 

Where "bad faith" was clearly shown: 79 Ga. 93. It was sufficiently al- 
leged and shown that defendant was foreign insurance company doing busi- 
ness in Georgia ; no plea to jurisdiction was filed : 79 Ga. 94. 



}2141, 2142 SECOND TITLE.— CHAP. 2, ART. 4, SEC. 16. 110 

Fidelity-insurance. 

Ex parte affidavits not admissible, to illustrate good faith, in refusal to pay- 
policy: 85 Ga. 751. 

Probable cause negatives imputation of company's bad faith: 85 Ga. 751. 

Statute does not prescribe any particular form of demand, nor does it say 
whether it is to be written or verbal : 79 Ga. 93. Demand here, sufficient: 79 
Ga. 93. 

In determining reasonable attorney's fees, evidence as to conditional fees 
not admissible, it not appearing that contract was conditional: 85 Ga. 751. 

Evidence as to services which might be rendered, if case went to Supreme 
Court, not admissible to fix fees: 85 Ga. 751. 

Death of insured fairly questionable, damages and counsel fees not assessed: 
85 Ga. 751. 

Eefusal to pay not excused because rumors that insured was not dead : 85 
Ga. 751. 

Foreign insurance companies doing business in Georgia, liable under this 
section : 85 Ga. 751. 




V 



SECTION 16. 

FIDELITY-INSURANCE. 



Acts 1887, §2141. Contract of fidelity -insurance. The contract of fidelity- 
$247. insurance contemplated by this Article is one whereby a fidelity- 

insurance company, or such other corporation or company as may 
be doing a fidelity-insurance business in this State, for a stipulated 
sum of money or premium, insures against loss caused by the defal- 
cation, default, neglect or dishonesty of a trustee, officer of the law, 
officers of court, agents or other employees, and such other per- 
sons as may be required to give bond, or guarantees the performance 
of all such bonds or other obligations in favor of the insured as 
individuals now do under the law who sign the bond of all such 
persons as sureties. 

§2142. What companies may become sureties on bonds . Any fidelity- 
insurance company, or such other corporation or company that 
may do fidelity-insurance business in this State, incorporated 
j x and organized under the laws of this State, or any other State 

of the United States, or a foreign state, for the purpose of trans- 
acting business of fidelity-insurance, which has a paid-up capital 
of not less than two hundred and fifty thousand dollars, and which 
shall have complied with all requirements of law for license to 
and transaction of business by such companies in this State, may, 
upon proper proof thereof and upon production of evidence of 
solvency and credit, satisfactory to the judge, head of department, 
or other officer or officers in this State authorized to approve and 
accept bonds, be accepted as surety upon the bond of any person, 
company or corporation required by the laws of this State to exe- 
cute bonds in lieu of any surety or sureties now required by law; 



Ill SECOND TITLE.— CHAP. 2, ART. 4, SEC. 17. §§2143-2145 

Suits against insurance companies. 

any such fidelity-insurance company, or other companies in this 
State doing a fidelity-insurance business, may be released from its 
liability on such bonds on the same terms and conditions as are 
by law prescribed for the release of individuals; it being the true 
intent and meaning of the provisions of this Article, to enable the 
companies and corporations doing a fidelity-insurance business to 
become the surety on all bonds required by law to be taken, with 
all the rights and subject to all the liabilities of individuals. 

§2143. Estopped to deny corporate power. Any fidelity-insurance 
company, or other corporation or company doing a fidelity-insurance 
business in this State, which shall excute any bond as surety under 
the provisions of this Article, shall be estopped, in any proceeding to 
enforce the liability which it shall have assumed or incurred, to 
deny its corporate power to execute such instrument or assume such 
liability. 

§2144. Venue of suits on such bonds. In the event any fidelity- 
insurance company, or other corporation or company doing a fidelity- 
insurance business in this State, shall become surety on any' of the 
bonds or obligations mentioned in this Article, such corporation or 
company shall be subject to be sued on such bonds or obligations in 
the county of the residence of the principal in such bond or obliga- 
tion, and service may be perfected on said corporation or company 
in the manner prescribed for service on fire-insurance companies 
doing business in this State: Provided, that said companies, before 
beginning business in this State, or signing any bond, shall obtain a 
license from the comptroller-general, which license shall be revoked 
if said companies as to any bond as to business in this State shall 
begin a suit in the United States courts or remove or cause to be 
removed any suit thereto. 



SECTION 17. 

SUITS AGAINST INSURANCE COMPANIES. 

§2145. (3408.) Suits against insurance companies. Whenever any Acts] |6i, 
person may have any claim or demand upon any insurance company 1862 ;|j 
having agencies, or more than one place of doing business, it shall 1878 & -^ 
be lawful for such person, or persons, to institute suit against said $$2057, 1899. 
insurance company within the county where the principal office of 
such company is located, or in any county where said insurance 
company may have an agency or place of doing business, or in-^any— • 
county where such agency or place of doing business was located at 
the time the cause of action accrued, or the contract was made 
out of which said cause of action arose. Lhu.-ikiARfi£.5 



§§2146-2148 SECOND TITLE.— CHAPTER 2, ARTICLE 5. 112 

Navigation companies, how incorporated. 

As to where suit brought against insurance company : 54 Ga. 376, 377. This 
section applies to foreign insurance companies : 55 Ga. 196. 

Acts 1890-1, 82146. (3409.) Service on non-resident, assessment, etc., insurance 

p. 75. o v ' ' ' ' 

$$2057, 1899. companies. In all such suits service shall be perfected upon such 
insurance companies by leaving a copy of the petition or writ with 
the agent of the company, if any. If no agent should be in the 
county, then at the agency or place of doing business, or where the 
same was located at the time such cause of action occurred, or the 
contract made out of which the same arose. In suits upon any 
certificate or policy issued by non-resident religious or mutual 
aid societies, co-operative or assessment life-insurance companies or 
societies, service upon the chief executive officer, or the person act- 
ing officially for or as such chief executive officer of a local lodge in 
this State, shall be sufficient service upon such societies or com- 
panies — officers of local lodges being hereby declared agents of such 
non-resident societies or companies, and such local lodges agencies 
of said companies or societies. 

Stated : 37 Ga. 398. Section referred to and construed : 55 Ga. 103-110. 
Service on the agent would be valid service : 55 Ga. 196. 



ARTICLE 5. 



NAVIGATION COMPANIES, HOW INCORPORATED. 

Acts 1894, §2147. How incorporated. All corporate powers and privileges to 
navigation companies in this State shall be issued and granted by 
the secretary of State, upon the terms, liabilities, restrictions, and 
subject to all the provisions of this Article and the Constitution of 
this State. 

Acts 1894, §2148. Petition, contents, by ivhom and where filed. Any number 
of persons not less than five, who desire to be incorporated for that 
purpose, may form a company, but before receiving a certificate of 
incorporation, shall first file a petition in writing, addressed to the 
secretary of State, in which shall be stated the names and residences 
of each of the persons desiring to form said corporation, the name of 
the navigation company they desire to have incorporated, the amount 
of the proposed capital stock, the number of years it is to continue, 
the place where its principal office is to be located, a request to be 
incorporated under the laws of this State; that they have given four 
weeks notice of their intention to apply for said charter, by publica- 
tion of the petition in one of the newspapers in which the sheriff's 
advertisements are published for said county, once a week for four 
weeks before filing said petition. There shall be annexed to the 
petition an affidavit, made by at least three of the persons forming 



113 SECOND TITLE.— CHAPTER 2, ARTICLE 5. 88 2149-2151 



Navigation companies, how incorporated. 



said company, that the names subscribed are the genuine signatures 
of the persons named therein, and that the facts stated in the petition 
are true to the best of their knowledge, information and belief. Said 
petition, thus sworn to, shall be filed in the office of the secretary of 
State, who shall indorse thereon the date of filing, and record the 
same in a book to be kept by him for that purpose, which shall be 
open to the inspection of the public at all times during the office 
hours of the secretary of State. 

§2149. Certificate of incorporation. When said petition shall have ^ ct | 2 1894 ' 
been filed with said secretary, he shall issue to said company, under 
the great seal of the State, the following form of certificate: 
To all to whom these presents may come — Greeting : 

Whereas, In pursuance of an Act of the General Assembly of 
Georgia, approved December 6th, 1894, and (naming the persons who 
signed the petition) having filed in the office of the secretary of 
State a certain petition seeking the formation of a corporation to be 

known as (here insert corporate name), with a capital stock of $ , 

for the purpose of owning, constructing, equipping, maintaining, 
and operating vessels, steamboats, and all other water-crafts to be 
engaged in navigation, and having complied with the statutes in such 
cases made and provided; therefore, the State of Georgia hereby 
grants unto the above-named persons, their successors, and assigns, 

full authority, by and under the said name of , to exercise 

the powers and privileges of a corporation for the purposes above 
stated, subject to the provisions of Article 4 of the Constitution of 
this State, and all laws governing such navigation companies of 
force at the date of the granting of this certificate, or that may here- 
after become of force, either by constitutional or statute law. " 

In witness whereof, these presents have been signed by the secre- 
tary of State, and to which is annexed the great seal of the State of 
Georgia, at Atlanta, Georgia, this day of , 18 — . 

§2150. Incorporated. Thereupon, the persons who signed said peti- 
tion, and all persons who shall become stockholders in such com- 
pany, shall be a corporation by the name specified in said petition 
and certificate, and shall possess the powers and privileges and be 
subject to the provisions contained in this Article. Before the sec- 
retary of State shall issue said certificate, the petitioners shall pay 
to the treasurer of the State a fee of fifty dollars. 

§2151. Certificate evidence of incorporation. Before the secretary of 
State shall issue the certificate, he shall satisfy himself that all the 
requirements of this Article, anterior to the filing of said petition, 
have been substantially complied with, and any certificate, or dupli- 
cate thereof, issued by the secretary of State, shall be conclusive 
evidence of the existence of such corporation in all the courts and 



2152-2154 SECOND TITLE.— CHAPTER 2, ARTICLE 5. 



114 



Navigation companies, how incorporated. 



Acts 1894, 
p. 73. 



Acts 1894, 
p. 73. 



Acts 1894, 
p. 73. 



places in this State, and of a compliance with all the requirements 
of this Article. 

§2152. Stock, subscriptions for. When such certificate has been 
issued, the persons named therein, in case they shall not have sub- 
scribed for the entire capital stock, may open books of subscription 
to complete the subscription to the capital stock of said company, 
in such manner and for such amount per share as they may deem 
proper and expedient, and receive said subscriptions until the entire 
capital stock is subscribed. In no case shall said capital stock be 
increased except as hereinafter provided. 

§2153. Organization of company. When the amount of capital 
stock has been subscribed, the persons named in said certificate of 
incorporation, or a majority of them, are authorized to call a meet- 
ing of the stockholders for the purpose of organization, which meet- 
ing shall be held in the city or town or place where the principal 
office of said company shall be located, and of which meeting notice 
shall have been given as herein provided. At said meeting, at which 
a majority of stock subscribed shall constitute a quorum, there shall 
be elected a board of directors of not less than five nor more than 
seven to manage the affairs of said company, each share of stock to 
be entitled to one vote, and a plurality of votes cast being necessary 
to elect. The persons so elected shall continue in office until re- 
lieved by their successors. No person shall be a director in said 
company unless he be a stockholder, and a majority of the directors 
must be citizens of this State. The board of directors shall select 
from their number a president, and may elect one or more vice- 
presidents, and may appoint a secretary, treasurer, and such other 
officers, agents, and servants as they may deem necessary. The reg- 
ular election of directors shall be held annually at the principal 
office of said company. Vacancies occasioned by death, resignation, 
or otherwise, shall be filled in such manner as shall be provided 
by the by-laws of the company. 

§2154. Subscriptions to stock, how paid. The directors may require 
the subscribers to the capital stock to pay the amounts variously 
subscribed by them, in such installments as they may deem proper, 
and the directors may receive cash or property, real or personal, at 
the agreed value thereof, in the payment of such installments. If 
any subscriber shall neglect to pay any installments as required by 
resolution of the board of directors, the directors may direct suit to 
be brought against him forthwith for the amount of such call, or may 
in their discretion, after thirty days notice to such stockholder, 
cause his stock to be put up and sold at auction to the highest bid- 
der for cash, and any deficiency in the sum thus realized necessary 
to make the amount of the call shall be made good by the delin- 
quent; any surplus over the amount of the call and the expenses of 



115 SECOND TITLE.— CHAPTER 2, ARTICLE 5. §§ 2155-2157 

Navigation companies, how incorporated. 

said sale shall be paid over to him. A certificate of stock shall be 
issued to the purchaser, and he shall stand in the same relation to 
the company as the delinquent would have, had he not so made 
default. Such sale shall be in the city, town, or place where the 
principal office of the company is located, at such time and place 
as the directors may prescribe. If for any reason it is not practi- 
cable to serve such delinquent stockholder with notice of such sale, 
personally or by mail, or if he be a non-resident of this State, then 
notice may be given him of such sale by publication in the news- 
paper in which sheriff's advertisements are published in the county 
of its principal office, once a week for four weeks prior to the date 
of such sale. 

§2155. Stock, personal property, how transferred. The stock in said 
company shall be deemed personal property, and shall be transfer- 
able in such manner as may be prescribed by the by-laws of said 
companies. 

§2156. How increased. In no case shall the capital stock be in- Acts 1894, 
creased except by a vote of two-thirds of the capital stock of said 
corporation represented at an annual or special meeting of stock- 
holders called for that purpose, and after not less than ten days 
notice published in the newspaper in which the sheriff's advertise- 
ments are published in the county of its principal office. The stock 
may be voted in person or by written proxy. 

§2157. Powers of corporation. Said company shall be empowered: Actsi894, 

1. To acquire, purchase, hold, and operate all such real and 
personal property as may be necessary or convenient for the main- 
tenance and operation of its said business and to accomplish the 
purposes of its organization. 

2. To convey persons, vessels, and other property, by the use of 
steam, sail, or other means, and to receive compensation therefor; 
and to do all other" things incident to a general navigation business, 
including the right to tow, assist, and rescue vessels. 

3. To erect and maintain convenient buildings, wharves, docks, 
fixtures, and machinery for the accommodation and use of their 
passengers, freight, and other business. 

4. To regulate the time and manner in which passengers, ves- 
sels, and other property shall be transported, and the compensation 
to be paid therefor, subject to any existing law of this State upon 
the subject. 

5. To borrow such sum or sums of money, at such rates of in- ' 
teres t and upon such terms, as said company or its directors may 
agree upon, and may execute trust deeds or mortgages, or both, if 
in their judgment the occasion may require it, for securing the 
payment thereof. 



§2158 SECOND TITLE.— CHAPTER 2, ARTICLE 5. 116 

Navigation companies, how incorporated. 

Acts 1894, §2158. Navigation companies heretofore incorporated may acquire ben- 
efits of this Article. Any navigation company that has been already 
incorporated, whether by the General Assembly or otherwise, may 
amend its charter by adopting the provisions of this Article, or by 
extending the time of expiration of its original charter for a period 
not exceeding fifty years; and when it has so amended its charter, 
it may retain its original organization and the same amount of cap- 
ital stock and other rights and privileges provided for in the said 
original charter, except the right of exemption from taxation, which 
may not be in conflict with this Article or any other law in force in 
this State relating to the powers and privileges of such corporations; 
and such amendments shall be without prejudice to any of the prior 
rights or contracts of said corporation. The provisions of this 
Article may also be adopted by any person or persons now owning 
or operating a navigation business in this State, without prejudice to 
such organization as they may have already effected, and without 
prejudice to their existing contracts and obligations. Whenever 
any navigation company desires to amend its charter, or any person 
or persons desire to adopt the provisions of this Article as above 
provided, it or they shall file a petition with the secretary of State, 
setting forth particularly in what manner it is desired to amend its 
charter or adopt the provisions of this Article. When such petition 
is filed, the secretary of State shall issue to said company, or person 
or persons, under the great seal of the State, a certificate setting 
forth the manner in which the charter is amended, if the petition 
was for amendment; or if the petition was to adopt the provisions 
of this Article, then a certificate setting forth that said persons are 
a body corporate, with all the powers, duties, and liabilities of this 
Article. Before said certificate shall be issued, said petitioner, or 
petitioners, shall pay to the treasurer of the State the sum of twenty- 
five dollars. 



117 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 1. §§2159, 2160 



Method of incorporation. 



ARTICLE 6. 

RAILROADS . 

SECTION 1. 
INCORPORATION AND POWERS. 



DIVISION 1. 

METHOD OF INCORPORATION. 

§2159. (1689 a.) Corporate powers to railroads granted by secretary Acts m2, 
of State. All corporate powers and privileges to railroad companies isso-i', 
in this State shall be issued and granted by the secretary of State, 1882-8," 
upon the terms, liabilities, restrictions, and subject to all the pro- ise. 
visions of this Article and of the Constitution of this State. If by p. 40.' 
reason of interest in the proposed corporation the secretary of State i89^ pp. 65, 
should be disqualified, the duties required to be performed by the 
secretary of State shall be performed by the comptroller-general. 

§2160. Petition for incorporation, to contain. what. Any number of ^ ct | 7 189 ' 2 » 
persons not less than ten, who desire to be incorporated for that 
purpose, may form a company, but before receiving a certificate of 
incorporation, shall first file a petition in writing, addressed to the 
secretary of State, in which shall be stated the names and residences 
of each of the persons desiring to form said corporation; the name 
of the railroad company they desire to have incorporated (but in no 
event shall the name selected be the name of existing railway cor- 
porations in the State of Georgia); the length of said road as near 
as can be estimated; the general direction of said road; the coun- 
ties through which said road will probably run; the names of the 
principal places from which and to which it is to be constructed; 
the amount of the proposed capital stock; the number of years it 
is to continue; if the capital stock is to consist of common or pre- 
ferred stock, the amount of each class and the rights and privileges 
of the latter over the former; the place where its principal office is 
to be located; that they do intend in good faith to go forward with- 
out delay to secure subscriptions to the capital stock, construct, 
equip, maintain, and operate said railroad; a request to be incorpo- 
rated under the laws of this State; that they have given four weeks 
notice of their intention to apply for said charter, by the publication 
of said petition in one of the newspapers in which the sheriff's adver- 



§ 2161 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 1. 118 

Method of incorporation. 

tisements are published, in case there is a newspaper published in 
said county, in each of the counties through which said proposed 
road will probably run, once a week for four weeks before the filing 
of said petition. There shall be annexed to said petition an affidavit 
made by three of the persons forming said company, that the names 
subscribed are the genuine signatures of the persons named therein, 
and that the facts stated in the petition are true to the best of pe- 
titioner's knowledge, information, and belief. Said petition thus 
sworn to shall be filed in the office of secretary of State, who shall 
indorse thereon the date of the filing, and record the same in a book 
to be kept by him for that purpose, which said book shall be open 
to the inspection of the public at all times during the office hours 
of said secretary of State. 

^p Ct f9 1892 ' §2161. Form of certificate to be issued. When said petition has 
been filed with said secretary, he shall issue to said company under 
the great seal of the State the following form of certificate, to wit: 
" To all to whom these presents may come — Greeting: 

1 'Whereas, In pursuance of an Act of the General Assembly of 
the State of Georgia, approved December 17th, 1892, and (naming the 
persons who sign the petition) having filed in the office of secretary 
of State a certain petition seeking the formation of a corporation 

to be known as (here insert name) , with a capital stock of $ , 

for the purpose of constructing, equipping, maintaining, and oper- 
ating a railroad from to , and having complied with 

the statutes in such cases made and provided; therefore, the State 
of Georgia hereby grants unto the above-named persons, their suc- 
cessors and assigns, full authority, by and under the said name 

of , to exercise the powers and privileges of a corporation for 

the purposes above stated, subject to the provisions of Article 4 
of the Constitution of this State, and all the laws governing railroad 
companies of force at the date of this certificate or that may here- 
after become of force, either by constitutional or statute law, or by 
any rules and regulations of the railroad commission of this State, 
or otherwise, which govern and control the operation of railroads in 
this State. 

"In witness whereof, these presents have been signed by the secre- 
tary of State, and to which is annexed the great seal of the State, at 
Atlanta, Ga., this day of , 18 — ." 

Thereupon persons who signed said petition and all persons who 
shall become stockholders in such company shall be a corporation 
by the name specified in said petition and certificate, and shall possess 
the powers and privileges and be subject to the provisions contained 
in thi3 Article. Before ihe secretary shall issue said certificate, the 
petitioners shall pay to the treasurer of the State a fee of one 
hundred dollars. 



119 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 2. §§2162, 2163 



Organization and capital stock. 



§2162. Secretary of State to see that prerequisites are complied with. ^ ct | 9 1892 ' 
Before the secretary of State shall issue the certificate mentioned in 
the preceding section, he shall satisfy himself that all of the require- 
ments of this Article prior to the filing of said petition have been 
substantially complied with, and any certificate or duplicate thereof 
issued under this Article by said secretary of State shall be conclu- 
sive evidence of the existence of such corporation in all the courts 
and places in this State, and of a compliance with all the require- 
ments of this Article. When such certificate has been issued, the 
persons named therein, in case they shall not have subscribed for 
the entire capital stock, may open books of subscriptions to com- 
plete the subscription to the capital stock of said company, in such 
places and after giving such notice as they may deem expedient, and 
may from time to time receive subscriptions until the whole capital 
stock is subscribed. The capital stock of said company shall be 
divided into shares of one hundred dollars each, and in no case shall 
said capital stock be increased except as hereinafter provided. 



DIVISION 2. 

ORGANIZATION AND CAPITAL STOCK. 

§2163. Meeting for organization. When the amount of the capital ^p Ct f 1892 ' 
stock has been subscribed, the persons named in said certificate of 
incorporation, or a majority of them, are authorized to call a 
meeting of the stockholders for the purpose of organization, which 
meeting shall be held in the city or town in which the principal office 
of said company shall be located and of which meeting every sub- 
scribing stockholder shall have notice. At said meeting persons hold- Q uorum - 
ing a majority of the stock subscribed shall constitute a quorum, and 
there shall be elected a board of directors of not less than five nor 
more than fifteen to manage the affairs of said company. Stock 
shall be represented at said meeting in person or by written proxy, 
each share of stock being entitled to one vote, and a plurality of 
votes cast being necessary to elect, said election to be governed by 
such by-laws as said company may prescribe, and the persons elected 
as directors to continue in office until others are elected to fill their 
places. No person shall be elected a director unless he be a stock- Director, 
holder owning stock in his own name and a majority of the 
directors must be citizens and residents of this State. If for any 
reason the election is not held at the time appointed, the same may 
be held at any time thereafter, of which meeting every subscribing 
stockholder shall have notice. Notice of any organization meeting Notice of 
under this section shall be given by a notice to each stockholder in 



§§ 2104, 2165 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 2. 120 



Organization and capital stock. 



writing, stating the purpose of the meeting, served upon him per- 
sonally or by depositing said notice in the post-office, postage pre- 
paid, directed to him at the post-office nearest his usual residence, 
at least ten days previous to the meeting. The board of directors 

officers, shall select from their number a president, and may elect one or 
more vice-presidents, and may appoint a secretary, a treasurer, and 
such other officers and agents as they may deem necessary. The 
regular election for directors shall be held annually, at the principal 
office of the company. Vacancies occasioned in the board of direc- 

Vacancies. t ora by death, resignation or otherwise, shall be filled in such 
manner as shall be prescribed by the by-laws of the company. 

p Ct 4o 892 ' §2164. Construction not to begin until stock all subscribed. Said rail- 
road company shall not begin the construction of said road until all 
of the capital stock specified in said petition has been subscribed. 

S paTd.' how The directors may require the subscribers to the capital stock to pay 
the amounts variously subscribed by them, in such installments as 
they may deem proper, and the directors may receive cash or prop- 
erty, real or personal, at the agreed value thereof, in the payment of 
such installments. If any subscriber shall neglect to pay any in- 
stallment as required by resolution of the board of directors, the 

subs'crip- directors may direct suit to be brought against him forthwith for 
the amount of such call, or may in their discretion, after thirty 

^rstock 6 days n °tice to such stockholder, cause his said stock, after such ad- 
vertisement as may seem to them proper, to be put up at auction and 

S stock f so ^ *° ^ ne highest bidder for cash, and any deficiency in the sum 
thus received necessary to make the amount of the call, shall be 
made good by the delinquent; any surplus over the amount of the 
call and the expenses of the advertisement and sale shall be paid to 
him. A new certificate of stock shall be issued to the purchaser, 
and he shall stand in the same relation to the company as the delin- 
quent would, had he not so made default. Such sale shall be in the 
city or town where the principal office of said company may be lo- 
cated, at such time and place as the board of directors may prescribe. 

^ubscrib- ^ ^ or an y reason it is not practicable to serve such delinquent 

er - stockholder with notice of such sale, personally or by mail, or if he 

be a non-resident of the State of Georgia, then notice may be given 
him of such sale by publication in any newspaper published in the 
town or city where the principal office of such company may be lo- 
cated, once a week for four weeks prior to the date of such sale. The 
company may proceed to collect from delinquent subscribers by sale 
of the stock as aforesaid, by suit, or by either or both of said 
remedies. 

^fi! 892 ' §2165. Stock transferable. The stock in said railroad company shall 
be deemed personal property and shall be transferable in the manner 
prescribed by the by-laws of the company, and no share shall be 



121 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. §§2166, 2167 



Corporate powers of railroads. 



transferable until all previous calls thereon shall have been fully paid 
in. All property, whether real or personal, of any stockholder in this s e t ° s c ^ t old " 
State shall be exempt from the debts or liabilities of said company, fy[f°£f£" 
except to the amount of the unpaid subscription of said stockholder 
to the capital stock of said corporation. In no case shall said road^^^L 
be bonded or capital stock increased except by a vote of two-thirds ^g 
of the capital stock of said corporation represented at an annual or 
a special meeting of stockholders called for that purpose, and after 
each stockholder has been notified in the manner prescribed for no- 
tifying stockholders, and in addition to said notice there shall be 
published in some newspaper in the town or city where the principal 
office of said corporation is located, once a week for four weeks prior 
to the time of holding said meeting, a notice stating that at said 
meeting so called an increase of the stock or an issuance of the 
bonds of the road would be considered, either or both. No action 
contemplated under this section looking to an increase of stock or 
issuance of bonds shall be legal unless there shall be present at said 
meeting a majority of stock, represented in person or by written 
proxy. 



DIVISION 3. 

CORPORATE POWERS OF RAILROADS. 

§2166. Powers, etc., to determine in two years, unless road built fifteen A.ctsi892, 
miles. All the powers and privileges and said certificate of incorpo- 
ration of said railroad company shall cease and determine at the 
expiration of two years from the date of said certificate, if at the expi- 
ration of said two years said company has not constructed, equipped, 
and are operating the same for at least fifteen miles of said road, or 
the entire road if the same be of less length than fifteen miles. The 
rights, powers, and privileges granted said corporation shall not con- 
tinue for a longer period than one hundred and one years, unless the 
same be continued by the laws of force at the expiration of said one 
hundred and one years. 

§2167. Powers of such roads. Said railroad company shall be em- Act 4 s 3 1892 ' 
powered — 

1 . To cause such examinations and surveys to be made for the ^fo^and 
proposed railroad as shall be necessary to the selection of the most 8urve y s - 
advantageous route, and for such purposes to be empowered by its 
officers, agents, servants or employees to enter upon the land or 
water of any person for that purpose: Provided, that said company 

shall be responsible for all damage done by injury to property. 

2. To take and hold such voluntary grants of real estate and other ^JJ5J3 
property as may be made to it, to aid in the construction, mainte- P r °P ert y- 



2167 



SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 8. 



122 



Corporate powers of railroads. 



Acquisi- 
tion, pur- 
chase,etc, 
of proper- 
ty. 

Condem- 
nation, 
etc., of 
land. 



Right of 
way. 



Construc- 
tion 
across, 
along, 
etc., 

streams, 
streets, 
etc. 



Crossing, 
joining, 
etc., other 
railroads. 



$2264. 
Common 

carrier. 
General 

powers. 



Erection 
of build- 
ings, etc. 



nance and accommodation of said road, but the real estate received 
by voluntary grant shall be held and used for the purpose of such 
grant only. 

3. To acquire, purchase, hold, and use all such real estate and 
other property as may be necessary for the construction and mainte- 
nance of said road, and the stations, wharves, docks, terminal facili- 
ties, and all other accommodations necessary to accomplish the object 
of said corporation, and to condemn, lease or buy any land neces- 
sary for its use. 

4. To lay out its road not exceeding in width two hundred feet, and 
to construct the same, and for the purpose of cuttings and embank- 
ments, and for obtaining gravel and other material, to take as much 
land as may be necessary for the proper construction, operation, and 
security of said road; or to cut down any trees that may be in danger 
of falling on the track or obstructing the right of way, making com- 
pensation therefor as provided by law. 

5. To construct its road across, along or upon, or to use any 
stream of water, watercourse, street, highway or canal which the 
route of its road shall intersect or touch: Provided, no railroad shall 
be constructed along and upon any street or highway without the 
written consent of the municipal or county authorities, and when- 
ever the track of any such road shall touch, intersect or cross any 
road, highway or street, it may be carried over or under, or cross at 
a grade level or otherwise, as may be found most expedient for the 
public good. 

6. To cross, intersect, or join or unite its railroads with any rail- 
road heretofore or hereafter to be constructed, at any point in its 
route, or upon the ground of any other railroad company, with the 
necessary turnouts, sidings, and switches, and other conveniences 
necessary in the construction of said road, and may run over any 
part of any railroad's right of way necessary or proper to reach 
its freight-depot, in any city, town or village through or near which 
said railroad may run, under the limitations hereinafter named; 
but in crossing another railroad, either over, under, at grade, level 
or otherwise, it shall be at the expense of the company making the 
crossing, and in such way and manner, at the time of construction, 
as not to interfere with said railroad in its regular travel or business. 

7. To take and convey persons or property over their railroads by 
the use of steam, animals, electricity or any other mechanical power, 
and to receive compensation therefor, and to do all things incident 
to railroad business. 

8. To erect and maintain convenient buildings, wharves, docks, 
stations, fixtures, and machinery, within or without a city, town or 
village, for the accommodation and use of their passengers and 
freight business. 



123 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. §2167 

Corporate powers of railroads. 

9. To regulate the time and manner in which passengers and T t ^ a t ^P° r " 
property shall be transported, and the compensation to be paid rates ' etc - 
therefor, subject to any law of this State upon the subject, or any 

rule or regulations governing such matters by the railroad commis- 
sioners of this State. 

10. To borrow such sum or sums of money, at such rates of B ^o™ey inS 
interest and upon such terms, as such company or its board of 
directors shall deem necessary or expedient, and may execute one 

or more trust deeds or mortgages, or both, if the occasion may re- 
quire, on said railroad in process of construction, or after the same 
has been constructed, for the amounts borrowed, or owing by such 
company. Said company may make such provisions in such trust ^J^s 
deed or mortgage for transferring said railroad track, depots, 
grounds, rights, privileges, franchises, immunities, machine-houses, 
rolling-stock, furniture, tools, implements, appendages and appur- 
tenances used in connection with said railroad in any manner then 
belonging to said company, or which shall thereafter belong to it, as 
security for any bonds, debts or sums of money secured by such 
trust deeds or mortgages, as they shall think proper; and all such 
deeds of trust and mortgages shall be recorded as is provided by ^^ of 
law for the record of mortgages in this State, in each county s a § es - 
through which said road runs, but all rights to borrow money, issue 
bonds or other evidences of debt, and to execute trust deeds or 
mortgages to secure the same, shall be exercised within the limita- 
tions and in the manner which shall be prescribed by the law of 
this State. 

11. In case of sale of any railroad heretofore incorporated by J ^ cial 
virtue of any general or special law, or which may hereafter be ^f^c- 
incorporated by virtue of this Article, or any part thereof con- q ^j. 1 C | 1 c ^ s by 
structed or in course of construction, or by virtue of any trust gaiesof 
deed, or any foreclosure of any mortgage thereon, or any judicial railroads, 
sale, the party or parties acquiring titles under such sales, and their ( * , 
associates, successors or assigns, shall have or acquire thereb}^, and / / ""* t=>'. 
shall exercise and enjoy thereafter, the same rights, privileges, 

grants, franchises, immunities, and advantages in or by said trust 
deed enumerated and conveyed, which belonged to and were en- 
joyed by the company making such deed or mortgage, or contract- 
ing such debt, so far as the same relate or appertain to that portion 
of said road or the part or line thereof mentioned or described and 
conveyed by said mortgage or trust deed and no further, as fully 
and absolutely in all respects as said railroad company, office- 
holders, shareholders, and agents of such company might or could 
have had, had not such sale or purchase taken place: Provided, that 
nothing in this Article shall be construed to reserve any exemption 
from taxation, either State, municipal, or county, or any special 



2168, 2169 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. 124 

Corporate powers of railroads. 



Reorgani- 
zation. 



Acts 1894, 
p. 65. 






Li, 



rights, privileges, and immunities that are not herein authorized to 
be granted to each and all railroads alike, in conformity with the 
present Constitution of Georgia. 

12. Such purchasers, their associates or assigns, may organize 
anew by filing a petition with the secretary of State, requesting 
to be substituted for the original petitioners and stockholders, with 
all their powers, rights, privileges, duties, and liabilities under this 
Article, when said new incorporators may proceed anew by electing 
new directors as provided by this Article, and may distribute and 
dispose of stock, and may conduct their business generally as pro- 
vided by this Article, and such purchaser or purchasers and their 
associates shall thereupon be a corporation, with all the powers, 
privileges and franchises conferred by, and be subject to the pro- 
visions of this section. But no debt, trust deeds, mortgages or 
other liens shall be made or created by the first railroad company, 
or by the purchasers, except on the terms and conditions as pre- 
scribed in section 2165. 

§2168. Purchasers, how incorporated. The application for incor- 
poration by the purchaser or purchasers may be made by said pur- 
chaser or purchasers alone, or with such associates as may be desired, 
and the petition shall set forth only the facts showing the sale and 
purchase as in this section provided. If the purchasers desire any 
additional powers not contained in the original charter of the rail- 
road company, but which may be obtained under this Article, the 
said petition shall set forth specifically what additional powers 
are so desired. The petition shall be verified by one of the pur- 
chasers or by his counsel. When the petition is filed as aforesaid, 
the secretary of State shall examine the same and issue a certi- 
ficate under the great seal of the State in the form prescribed, 
varied to suit the particular case. The petitioners shall pay to 
the treasurer of the State a fee of fifty dollars for this service. 

§2169. Extensions and branch roads. Every railroad company may 
extend its railroad from any point named in the petition for char- 
ter, or may build branch roads from any point or points on its line 
of road. Before making any such extensions or building any such 
branch roads, said company shall, by resolution of its board of di- 
rectors, to be entered in the records of its proceedings, designate 
the route of such proposed extension or branch, and advertise same 
in all of the counties through which said extension or branch road 
will run for the time, and in the manner provided by section 
2160, and file a certified copy of such resolution and advertisements 
in the office of the secretary of State, which shall be by him re- 
corded as original petitions for charters are filed, and said company 
shall pay to the treasurer of the State for the same a fee of twenty- 
five dollars for eacli extension or branch road. Thereafter said 



Acts 1892, 
p. 45. 



125 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. §§ 2170, 2171 



Corporate powers of railroads. 



railroad shall have the right, within one year from the filing of said 
resolution with said secretary, to begin the construction and equip- 
ment of said branch or extension, and if they fail to construct as 
much as twenty miles within two years, or complete the same if it 
be less in length than twenty miles, the powers and privileges to do 
so shall cease and determine. For the purpose of such extension or 
branch road said company shall have all the rights and privileges of 
condemning rights of way or acquiring the same, provided for con- 
structing and building the main line. All the provisions of this 
Article relative to the issuance of stocks and bonds on the road 
authorized under the original petition for incorporation shall be ap- 
plicable to, and control the issuance of stocks and bonds on said 
proposed extensions. 

§2170. Disputed right of way, etc. In the event any company does Act | 5 1892 ' 
not procure from the owner or owners thereof, by contract, lease or§ 4657 - 
purchase, the title to the lands or right of way or other property 
necessary or proper for the construction or connection of said rail- 
road and its branches or extensions, or its depots, wharves, docks or 
other necessary terminal facilities, necessary or proper for it to reach 
its freight or passenger depot, in any city, town or village in the 
State, as hereinafter provided, said corporation may construct its 
railroad over any lands belonging to other persons, or over such 
rights of way or tracks of other railroads as aforesaid, upon paying 
or tendering to the owner thereof, or to his or her or its legally 
authorized representative, just and reasonable compensation for said 
lands or said right of way. When the compensation is not other- 
wise agreed upon, it shall be assessed and determined in the manner 
provided in this Code. 

§2171. Change of general direction and route. Said railroad com- Aets 1892 > 
pany shall have the power to change the general direction and route 
of said railroad from that stated in the original petition, by a two- 
thirds vote of the capital stock of said corporation represented in 
person or by written proxy at any annual or special meeting of the 
stockholders of said corporation, and when the same is so changed, 
shall have the right and power to enter upon, condemn rights of 
way, and construct said road on the new or changed line as they had 
on the original line; but no change shall be made in any town or 
city after the road has been constructed, without the consent of such 
town or city expressed through its proper authorities, and in case 
the route is changed after grading is commenced, compensation shall 
be made to all persons owning lands on the original route which have 
been injured by such grading or other work on such original route. 
If no agreement can be made, such amounts are to be ascertained in 
the method provided for condemning right of way. 



§§2172-2176 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. 126 

Corporate powers of railroads. 

Acts 1892, 82172. Crossings. And in all cases when said railroad shall cross 

p. 49. . 

a highway and the cutting shall make a change in the line of any 
such highway, or a change is desirable with a view to more easy 
ascent or descent, the said company may take such additional lands 
for the construction of such highways upon a new line as may be 
deemed requisite by the directors, under the mode provided for con- 
demning right of way and other property. 

Act * 9 1892 ' §2173. Contracts to connect, merge or consolidate with, or purchase, etc., 
other companies. Said railroad company shall have the power to 
make contracts with any railroad company which has constructed 
//) Z^^ 01 shall hereafter construct any railroad within this State or any 
\Atf$ »^\lZ other State, that will enable said company to run their roads in con- 
'fl$* * nection with each other, and merge their stocks, or to consolidate 

with any such company within or without this State, or to lease or 
purchase the property of any other such company and hold, use, and 
occupy the same in such manner as they may deem most beneficial 
to their interest: Provided, that no railroad shall purchase a compet- 
ing line of railroad, or enter into any contract with a competing 
line of railroad calculated to defeat or lessen competition in this 
State; and any violation of this section shall subject the corpora- 
tion to all the penalties incident to such violation of the law. 

Acts 1892, §2174. Own and operate steamboats. Such companies may build, 
construct, and run as part of their corporate property such number 
of steamboats or vessels as they shall deem necessary to facilitate 
the business operations of such company or companies. 

Acts g i892, §2175. Custody of books. The secretary or other officer or agent of 
said company who is the custodian of the books, records, papers or 
other property of said company, shall keep the same in his possession 
at all times during business hours; have the same ready to be exhib- 
ited to any officer, director or committee of stockholders of said 
company, and furnish them or either of them with transcripts from 
the records of proceedings of the board of directors under his 
official hand and seal, on the payment to him of the same fee as 
that provided by law for the clerk of the court for transcripts from 
the records of his office, and the said secretary shall, on resigning his 
office or otherwise vacating the same, make over all such books, 
records, papers and all other property of the corporation, which are 
in his possession, to his successor in office, or, when no successor has 
been appointed or elected, to the board of directors, if any, or to the 
person or persons appointed by the stockholders of such company. 

Acts 1895, §2176. Location and terminal approach. Said railroad company in 
selecting the route of the same from and to where said road is to be 
built, and in selecting the general route and in constructing said 
road, if another railroad is already constructed, or route selected 
and chartered between said points, the general direction and loca- 



127 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. §§2177, 2178 



Corporate powers of railroads. 



tiou of the railroad shall be at least ten miles from the railroad 
already constructed or laid out and selected to be constructed; but 
this section shall not be construed to refer to any point within ten 
miles of either terminus, or to prevent said roads from running as 
near to each other for the first ten miles from either terminus as the 
interest of such company building the new route may dictate: Pro- 
vided, however, that whenever the conditions imposed by this section 
are impracticable by reason of the physical conformation of the 
country surrounding any initial or terminal point, or by reason of 
the number of railroads centering in an initial or terminal point, * 
and the railroad companies interested fail to agree, then and in that 
case this section shall not apply; but in all such cases the location 
of such proposed new railroad with reference to initial or terminal 
points shall be made and fixed under the order and by direction of 
the railroad commission of this State, which shall locate said new 
railroad on such a route as may be found practicable, and as will 
the least interfere with existing lines : Provided further, that the 
power herein given to the railroad commission shall only extend to 
fixing and providing the location by which any new railroad may 
have access to either of its terminal points, and nothing herein shall 
be so construed as to otherwise change the general policy of this 
State, which requires the general direction and location of railroads 
sought to be constructed, to be ten miles from a railroad already 
constructed. 

§2177. Exercise of franchises, etc., in other States. Said railroad Acts 1892, 
company may exercise all its rights, franchises, and privileges in any 
other State or Territory of the United States, under and subject to 
the laws of the State or Territory where it may exercise or attempt 
to exercise the same, and may accept from any other State or Terri- 
tory, and use any other additional power and privilege applicable to 
the carrying of persons and property by railway, steamboats, and 
ships in said State, Territory, or the high seas, or otherwise appli- 
cable to the operations of said company as herein provided. 

§2178. Privileges granted to railroad companies already incorporated. Actsi892, 
Any railroad company that has been already incorporated, whether 
by act of the General Assembly incorporating the same by name or 
under the provisions of the general railroad law of the State, and 
whether organized or not, is hereby declared to be a legal and subsist- 
ing corporation under the laws of Georgia, and may amend its charter 
either by adopting the provisions of this Article or by extending the 
time of expiration of its original charter for a period of fifty years, 
and when it so amends its charter it may retain its original organi- 
zation and the same amount of capital stock provided for in its 
original charter, and any other powers and privileges, except exemp- 
tion from taxation, granted in its original charter, which may not 




§2179 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 3. 128 

Corporate powers of railroads. 

be in conflict with this Article or any other act relating to the 
powers and duties of railroad companies, and such amendments 
shall be without prejudice to any of its prior rights or contracts; 
and the provisions of this Article may also be adopted by any per- 
son or persons now owning or operating a railroad in this State, 
without prejudice to such organization as they may have already 
effected, and without prejudice to their existing contracts and obli- 
gations. Whenever any railroad company desires to amend its 
charter, or any person or persons desire to adopt the provisions of 
this Article as above provided, it or they shall file a petition with 
the secretary of State, setting forth particularly in what manner it 
is desired to amend or adopt the provisions of this Article. When such 
petition is filed, the secretary of State shall issue to said company or 
persons, under the great seal of the State, a certificate setting forth 
the manner in which said charter is amended, if the petition was 
for amendment; or if the petition was to adopt the provisions of 
this Article, then a certificate setting forth that said persons are a 
body corporate with all the powers, duties, and liabilities of this 
Article. Before said certificate shall issue, said petitioner or peti- 
tioners shall pay to the treasurer of the State the sum of fifty 
dollars. 
Acts^i892, §2179. Sale, etc., to, or consolidation with, other companies. Any 
railroad company incorporated under the provisions of this Article 
. shall have authority to sell, lease, assign or transfer its stock, prop- 
/ SyQ erty, and franchises to, or to consolidate the same with, those of 

y h any other railroad company incorporated under the laws of this or 
any other State or of the United States, whose railroad within or 
without this State shall connect with or form a continuous line with 
the railroad of the company incorporated under this law, upon such 
terms as may be agreed upon; and conversely any such corporation 
organized under the provisions of this Article may purchase, lease, 
consolidate with, absorb and merge into itself the stock, property 
and franchises of any other railroad company incorporated under 
the laws of this or any other State or the United States, whose rail- 
road within or without this State shall connect with or form a con- 
tinuous line or system with the railroad of such company incorpo- 
rated under this law, upon such terms as may be agreed upon. And 
it shall be lawful for any railroad company or corporation now or 
hereafter formed by the consolidation of one or more railroad com- 
panies, or corporations, organized under the laws of this State, or 
under the laws of this State and any other States, with one or more 
companies or corporations organized under the laws of any other 
State, or under the laws of this and other States, to issue its bonds 
and stock as provided for in this Article, in such amounts as they 
may deem necessary for the purpose of paying or exchanging the 



Off 



129 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 1, DIV. 4. §2180 



Street-railroads. 



same for or retiring any bonds or stocks theretofore issued by either 
of the said companies, or corporations, so merged, purchased or 
consolidated, or for any other purpose, and to the amount author- 
ized by the laws of the State under which either of said companies, 
or corporations, so consolidated was organized, and to secure the 
same, in case of bonds, by mortgages or trust deeds upon its real or 
personal property, franchises, rights and privileges, whether within 
or without this State: Provided, that no railroad company shall 
make any contract under the provisions of this section with any 
other railroad company which is a competing line, that is calculated 
to defeat or lessen competition in this State or to encourage 
monopoly. 

General Note on Divisions 1-3. — Superior court not authorized to grant 
charters to railroads : 93 'Ga. 53. Where even though special railroad charter 
unconstitutional as conflicting with general law for incorporating railroads, 
yet company was a de facto corporation, could acquire property and contract 
debts: 94 Ga. 306. 

Mortgage bond may bind after acquired property : 94 Ga. 306. 



DIVISION 4. 

STREET-RAILROADS. 

§2180- Street-railroads, how incorporated. All the provisions of theActsi894, 
preceding Divisions shall govern in the incorporation, control, and 
management of suburban and street railroad companies, in so far as 
the same are applicable and appropriate thereto. Any number of 
persons not less than ten, who desire to be incorporated for that 
purpose, may form a company as provided iu the preceding Division, 
with this additional requirement, that they must in their petition 
specify what city, town, or village, and in what streets thereof, they 
propose to construct and build said railroad: Provided, that no street- 
railroad incorporated under this Division shall be constructed within 
the limits of any incorporated town or city without the consent of 
the corporate authorities: And provided further, that all such street- 
railroad companies incorporated under this Division shall be subject 
to all just and reasonable rules and regulations by the corporate 
authorities and liable for all assessments and other lawful burdens 
that may be imposed upon them from time to time: And provided 
further, only such of the powers and franchises that are conferred 
by said Divisions shall belong to said street-railroad companies a3 
shall be necessary and appropriate thereto; and in case any street- 
railroad incorporated under this Division shall be partly located in 
an incorporated town or city and partly located in the country, 
then the provisions of the preceding Division which apply to other 



§§2181-2185 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. 130 

Railroad commission. 

railroads located in the country shall apply to it so far as that por- 
tion of its road is concerned. 
Actsi894, §2181. Electric railroad companies may sell light and power . Electric 
$1870. street and suburban railroad companies, now or hereafter incorpo- 
rated, may operate electric plants and furnish electric light and 
electric power to any town or city within the limits of the county in 
which such railroad is located, and also to corporations, companies, 
and private citizens residing or doing business within the limits 
thereof, and may charge and collect reasonable compensation for 
the same. 

§2182. May acquire property for the purpose . Such companies may 
buy, own, hold, and use property necessary or convenient to the 
exercise of the foregoing powers. 

§2183. Privileges, how acquired. Any railroad company desiring 
to accept the provisions of this Division, as a part of its charter, 
may, by resolution of its board of directors, filed with the secretary 
of State, so signify, and the certificate of the secretary of State 
that such resolution has been filed with him shall be conclusive 
evidence thereof and shall clothe such company with the powers 
herein contained. 

TiVo! 90 ' 1 ' §2184. Street-railroad'' s power to lease or sell to other companies. All 
street-railroad companies may lease or sell their road, franchises 
and other property to any other corporation created by the laws of 
this State for street-railroad purposes; and their franchises and 
property so sold shall remain liable in the hands of the lessee or 
purchaser for all debts or claims against the company making the 
conveyance. Nothing in this section shall be construed to authorize 
any such company to sell, lease or otherwise dispose of any of its 
property or franchises so as to defeat or lessen competition, or to 
encourage monopoly. 



^ SECTION 2. 

/ W^f] RAILROAD COMMISSION. 

"p Ct i25 878 9 ' §2185. (719 a.) Commissioners, appointment, term and salary. There 
$5797. shall be three commissioners appointed by the Governor, with the 
advice and consent of the Senate, to carry out the provisions of this 
Article, of whom one shall be of experience in the law, and one of 
experience in railway business. After the expiration of the terms 
of office of the commissioners first appointed, the term of office of 
successors shall be six years; but, at the first appointment, one 
commissioner shall be appointed for two years, one for four years, 
and one for six years. The salary of each commissioner shall be 



131 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. §§2186, 2187 



Railroad commission. 



twenty-five hundred dollars, to be paid from the treasury of the 
State. Any commissioner may be suspended from office by order of 
the Governor, who shall report the fact of such suspension, and the 
reason therefor, to the next General Assembly, and if a majority of 
each branch of the General Assembly declare that said commissioner 
shall be removed from office, his term of office shall expire. The 
Governor shall have the same power to fill vacancies in the office of 
commissioner as to fill other vacancies, and if for any reason said 
commissioners are not appointed during the present session of the 
General Assembly, the Governor shall appoint them thereafter, and 
report to the next Senate, but the time until then shall not be 
counted as part of the term of office of said commissioners, respect- 
ively, as herein provided. Said commissioners shall take an oath 
of office, to be framed by the Governor, and shall not, jointly or 
severally, or in any way, be the holders of any railroad stock or 
bonds, or be the agent or employee of any railroad company, or 
have any interest in any way in any railroad, and shall so continue 
during the term of office; and in case any commissioner becomes 
disqualified in any way, he shall at once remove the disqualification 
or resign, and on failure so to do, he must be suspended from office 
by the Governor, and dealt with as hereinafter provided. In any 
case of suspension the Governor may fill the vacancy until the 
suspended commissioner is restored or removed. 

This Act constitutional ; its scope and objects stated : 70 Ga. 694. 

§2186. (719b.) Location of office, clerk, expenses, etc. Said com- ^^f 78 " 9, 
missioners shall be furnished with an office, necessary furniture, and 
stationery, and may employ a secretary or clerk at a salary of twelve 
hundred dollars at the expense of the State. The office of said com- 
missioners shall be kept at Atlanta, and all sums of money author- 
ized to be paid by this Article out of the State treasury shall be paid 
only on the order of the Governor: Provided, that the total sum to 
be expended by said commissioners for office rent, furniture and 
stationery shall in no case exceed the sum of five hundred dollars, 
or so much thereof as may be necessary, per annum. 

§2187. (719 c.) Extortion by railroads forbidden. If any railroad ^f^ 878 " 9 ' 
corporation organized or doing business in this State under any 
act of incorporation or general law of this State now in force, or 
which may hereafter be enacted, or any railroad corporation organ- 
ized or which may hereafter be organized under the laws of any 
other State, and doing business in this State, shall charge, collect, 
demand or receive more than a fair and reasonable rate of toll or 
compensation for the transportation of passengers or freight of any 
description, or for the use and transportation of any railroad-car 
upon its track, or any of its branches thereof, or upon any railroad 



§§2188, 2189 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. 132 

Railroad commission. 

within this State which it has the right, license or permission to use, 
operate or control, the same shall be deemed guilty of extortion, and, 
upon conviction thereof, shall be dealt with as hereinafter pro- 
vided. 
^ ct i25 8789 ' §2188. (719 d.) Unjust discrimination forbidden. If any railroad 
2269 7 ' 5801 ' corporation as aforesaid shall make any unjust discrimination in its 
rates or charges of toll or any compensation for the transportation 
of passengers or freights of any description, or for the use and trans- 
portation of any railroad-car upon its said road, or upon any of the 
branches hereof, or upon any railroad connected therewith which 
it has the right, license, or permission to operate, control, or use 
within this State, the same shall be deemed guilty of having violated 
the provisions of this Article, and, upon conviction thereof, shall 
be dealt with as hereinafter provided. 
^) Ct i25 879 ' §2189. (719 e.) Duty of commissioners. The commissioners shall 
1889, p. i3i. ma ]j: e reasonable and just rates of freight and passenger tariffs, to be 
observed by all railroad companies doing business in this State, on 
the railroads thereof; shall make reasonable and just rules and regu- 
lations, to be observed by all railroad companies doing business in 
this State, as to charges at any and all points for the necessary hand- 
ling and delivering of freights; shall make such just and reasonable 
rules and regulations as may be necessary for preventing unjust dis- 
criminations in the transportation of freight and passengers on the 
railroads in this State; shall have the power to make just and 
reasonable joint rates for all connecting railroads doing business in 
this State, as to all traffic or business passing from one of said roads 
to another: Provided, however, that before applying joint rates to roads 
that are not under the management and control of one and the same 
company, the commissioners shall give thirty days notice to said roads 
of the joint rate contemplated, and of its division between said roads, 
and give hearings to roads desiring to object to the same; shall make 
reasonable and just rates of charge for use of railroad-cars carry- 
ing any and all kinds of freight and passengers on said railroads, no 
matter by whom owned or carried; and shall make just and reason- 
able rules and regulations, to be observed by said railroad compa- 
nies on said railroads, to prevent the giving or paying of any rebate 
or bonus, directly or indirectly, and from misleading or deceiving 
the public in any manner as to the real rates charged for freight 
and passengers: Provided, that nothing in this Article contained 
shall be taken as in any manner abridging or controlling the rates for 
freight charged by any railroad company in this State for carrying 
freight which comes from or goes beyond the boundaries of the 
State, and on which freight less than local rates on any railroad 
carrying the same are charged by such railroad; but said railroad 
companies shall possess the same power and right to charge such 



133 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. §§ 2190, 2191 

Railroad commission. 

rate for carrying such freights as they possessed before October 14th, 
1879; said commissioners shall have full power, by rules and regu- 
lations, to designate and fix the difference in rates of freight and 
passenger transportation to be allowed for longer and shorter dis- 
tances on the same or different railroads, and to ascertain what shall 
be the limits of longer and shorter distances. And said railroad 
commissioners shall have power to require the location of such 
depots, and the establishment of such freight and passenger build- 
ings, as the condition of the road, the safety of freight and the pub- 
lic comfort and convenience may require, upon the giving of such 
railroad company to be affected thereby the same notice as herein 
provided. 

§2190. (719 f.) To make rates. The railroad commissioners are Act ^ 878 " 9 ' 
required to make for each of the railroad corporations doing busi- 1889 ' m 
ness in this State, as soon as practicable, a schedule of just and reason- 138 - 
able rates of charges for transportation of passengers and freights 
and cars on each of said railroads; and said schedule shall, in 
suits brought against any such corporation, wherein is involved the 
charges of any such corporation for the transportation of any pas- 
senger or freight or cars or unjust discrimination in relation thereto, 
be deemed and taken in all the courts of this State as sufficient evi- 
dence that the rates therein fixed are just and reasonable rates of 
charges for the transportation of passengers and freights and cars 
upon the railroads; and said commissioners shall, from time to 
time and as often as the circumstances may require, change and 
revise such schedules. 

§2191. (719 f.) Publication of rates. When any schedule shall Acts g i883, 
have been made or revised as aforesaid, it shall be the duty of said J 888 ' p- 37 - 
commissioners to cause publication thereof to be made one time in pp- 138 ' 
some public newspaper published in the cities of Atlanta, Augusta, 
Albany, Savannah, Macon, Rome, Columbus, Americus and Athens, 
in this State, and at a rate not to exceed fifty cents per square of 
usual advertising space, when less than a column is occupied; not 
more than twelve dollars per column, when so much space as a 
column is occupied by inserting any schedule or change of any 
schedule, so that said newspaper shall not charge for such advertis- 
ing any rate in excess of that allowed for county legal advertising. 
And after the same shall be so published, it shall be the duty of all 
such railroad companies to post at all of their respective stations, 
in a conspicuous place, a copy of said schedule for the protection of 
the people: Provided, that the schedules thus prepared shall not be 
taken as evidence as herein provided until schedules have been pre- 
pared and published as aforesaid, for all the railroad companies now 
organized under the laws of this State, or that may be organized at 
the time of said publication; and all such schedules purporting to 



§§2192, 2193 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. 134 

Railroad commission. 

be printed and published as aforesaid shall be received and held in 
all such suits as prima facie the schedules of said commissioners, 
without further proof than the production of the schedules desired 
to be used as evidence, with a certificate of the railroad commission, 
that the same is a true copy of the schedule prepared by them for 
the railroad company or corporation therein named, and that the 
same has been duly published as required by law. 

Regulations of passenger fares construed not to apply to freight-trains: 
72 Ga. 347. Less rate for those who obtain tickets than from those who do 
not, reasonable and legal : 72 Ga. 347. 

Declaration here not alleging failure to fix rates, or charge beyond rates 
fixed, demurrable: 75 Ga. 509. 

■ A ^ t ^ 878 " 9 ' §2192. (719 g.) Jurisdiction and power of commissioners. It shall 
be the duty of said commissioners to investigate the books and 
papers of all the railroad companies doing business in this State, to 
ascertain if the rules and regulations aforesaid have been complied 
with, and to make personal visitation of railroad offices, stations 
and other places of business for the purpose of examinations, and 
to make rules and regulations concerning such examinations, which 
rules and regulations shall be observed and obeyed as the other 
rules and regulations aforesaid; said commissioners shall also have 
full power and authority to examine all agents and employees of 
said railroad companies, and other persons, under oath or otherwise, 
in order to procure the necessary information to make just and 
reasonable rates of freight and passenger tariffs, and to ascertain if 
such rules and regulations are observed or violated, and to make 
necessary and proper rules and regulations concerning such exami- 
nation, and which rules and regulations herein provided for shall be 
obeyed and enforced as all other rules and regulations provided for 
in this Article. 
^^I 8789 ' §2193. (719 h.) Power of commissioners over contracts between rail- 
$5797. roads. All contracts and agreements between railroad companies 
doing business in this State, as to rates of freight and passenger 
tariffs, shall be submitted to said commissioners for inspection and 
correction, that it may be seen whether or not they are a violation 
of the law or of the provisions of the Constitution, or of this Arti- 
cle, or of the rules and regulations of said commissioners; and all 
arrangements and agreements whatever as to the division of earn- 
ings of any kind by competing railroad companies doing business in 
this State, shall be submitted to said commissioners for inspection 
and approval, in so far as they affect rules and regulations made by 
said commissioners to secure to all persons doing business with said 
companies just and reasonable rates of freight and passenger tariffs; 
and said commissioners may make such rules and regulations as to 
sucli contracts and agreements as may be then deemed necessary 



135 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. §§2194-2197 

Railroad commission. 

and proper, and any such agreements not approved by such commis- 
sioners, or by virtue of which rates shall be charged exceeding the 
rates fixed for freight and passengers, shall be deemed, held and 
taken to be violations of Article 4, section 1, paragraph 4, of the 
Constitution, and shall be illegal and void, 

§2194. Inspection of roads by commission, required. The railroad ^j^ 890 " 1 ' 
commission, upon complaint made, shall inspect for themselves, or 
through an agent, any railroad or any part of any railroad in this 
State, and if the same is found in an unsafe or dangerous condition, 
it shall require the same put and kept in such condition as will ren- 
der travel over the same safe and expeditious; reasonable time shall 
be given the railroad authorities in which to accomplish the work 
or repairs required. This section shall not limit or affect the liability 
of railroads in cases of damage to person or property. 

§2195. Penalty. Any railroad failing or refusing to obey the 
orders of said commission, within the time allowed for said work, 
shall be liable to a penalty of not more than five thousand dollars, 
to be recovered by a suit brought in the name of the State, in which 
the attorney-general, or solicitor-general, shall represent the State, 
and his fees shall be the same as now provided by law. Suits shall 
be brought in the county where the wrong or violation occurs. 

§2196. (719 i.) Penalty for violation of rules. If any railroad ^) Ct | 5 1890 " 1, 
company doing business in this State, by its agents or employees, 
shall be guilty of a violation of the rules and regulations provided 
and prescribed by said commissioners, and if, after due notice of 
such violation given to the principal officer thereof, ample and full 
recompense for the wrong or injury done thereby to any person or 
corporation, as may be directed by said commissioners, shall not be 
made within thirty days from the time of such notice, such com- 
pany shall incur a penalty for each offense of not less than one 
thousand dollars, nor more than five thousand dollars, to be fixed 
by the presiding judge. An action for the recovery of such penalty 
shall be in any county in the State, where such violation has occurred 
or wrong has been perpetrated, and shall be in the name of the State 
of Georgia. The commissioners shall institute such action through 
the attorney-general or solicitor-general, or such other attorney at 
law of this State as the said commissioners may appoint, whose fees 
shall be the same as now provided by law. The commissioners shall 
have the power, in their discretion, to institute suit, without notice, 
for any violation of said rules and regulations, whenever in their 
opinion the circumstances authorize it, of which they shall be the 
sole judges; and after the institution of said suit there shall be no 
settlement of the same without the consent of the commissioners. 

§2197. (719 j.) Injuries resulting from violation of rules. If any "p Ct f 2 | 878 " 9 ' 
railroad company doing business in this State shall, in violation of 



§§2198-2200 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. 136 

Railroad commission. 

any rule or regulation provided by the commissioners aforesaid, 
inflict any wrong or injury on any person, such person shall have a 
right of action and recovery for such wrong or injury in the county 
where the same was done, in any court having jurisdiction thereof, 
and the damages to be recovered shall be the same as in actions 
between individuals, except that in cases of willful violation of law, 
such railroad companies shall be liable to exemplary damages: 
Provided, that all suits under this Article shall be brought within 
twelve months after the commission of the alleged wrong or injury. 

Declaration hereunder not amendable by adding common law count : 78 Ga. 
239. Bringing suit within twelve months, essential: 78 Ga. 239. Right of re- 
newal within six months after dismissal does not exist under this statute : 78 
Ga. 239. 

A p Ct i25 878 ~ 9 ' §2198. (719k.) Rules of evidence. In all cases under the provi- 
sions of this Article, the rules of evidence shall be the same as in civil 
actions, except as hereinbefore otherwise provided. All fines recov- 
ered under the provisions of this Article shall be paid into the State 
treasury, to be used for such purposes as the General Assembly may 
provide. The remedies hereby given the persons injured shall be 
regarded as cumulative to the remedies now given by law against 
railroad corporations, and this Article shall not be construed as 
repealing any statute giving such remedies. 

A P ct i25 878 " 9 ' §2199. (7191.) Meaning of terms. The terms "railroad corpo- 
ration," or "railroad company," contained in this Article, shall be 
deemed and taken to mean all corporations, companies or individ- 
uals now owning or operating, or which may hereafter own or oper- 
ate any railroad, in whole or in part, in this State, and the provisions 
"of this Article shall apply to all persons, firms and companies, and 
to all associations of persons, whether incorporated or otherwise, 
that shall do business as common carriers upon any of the lines of 
railroad in this State (street-railways excepted), the same as to 
railroad corporations hereinbefore mentioned. 

A p t i25 878 ' 9 ' §2200. (719m.) Duplicate freight receipts. All railroad compa- 
nies in this State shall, on demand, issue duplicate freight receipts 
to shippers, in which shall be stated the class or classes of freight 
shipped, the freight charges over the road giving the receipt, and so 
far as practicable shall state the freight charges over other roads 
that carry such freight. When the consignee presents the railroad 
receipt to the agent of the railroad that delivers such freight, such 
agent shall deliver the article shipped on payment of the rate charged 
for the class of freights mentioned in the receipt. If any railroad 
company shall violate this provision of the statute, such railroad 
company shall incur a penalty to be fixed and collected as provided 
in section 219G. 



137 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. §§ 2201-2208 

Railroad commission. 

§2201. (719 n.) Reports of commissioners. It shall be the duty of Acts 1878-9, 
the commissioners herein provided for, to make to the Governor an- 1889 » p- 133 - 
nual reports of the transactions of their office, and to recommend 
from time to time such legislation as they may deem advisable under 
the provisions of this Article. 

§2202. Commissioner to investigate through rates. It shall be the duty A 5 t ^ 890 ' 1 ' 
of the railroad commission to investigate thoroughly all through 
freight rates from points out of Georgia to points in Georgia, and 
from points in Georgia to points out of Georgia. 

§2203. Report improper charges to railroad officials. Whenever the 
commission finds that a through rate, charged into or out of Geor- 
gia, is in their opinion excessive or unreasonable, or discriminating 
in its nature, it shall call the attention of the railroad officials in 
Greorgia to the fact, and urge upon them the propriety of changing 
such rate or rates. 

§2204. If not changed, to report to interstate commission. Whenever 
such rates are not changed according to the suggestion of the rail- 
road commission, it shall be the duty of the commission to present 
the facts, whenever it can legally be done, to the interstate-com- 
merce commission, and to appeal to it for relief. 

§2205. Attorney-general to represent railroad commission. In all such 
work devolving upon the railroad commission, they shall receive, 
upon application, the services of the attorney-general of this State, 
and he shall also represent them, whenever called upon to do so, 
before the interstate-commerce commission. 

§2206. To fix storage charges. The railroad commission are re- Acts 1890 1, 
quired to fix and prescribe a schedule of maximum rates and charges $2279. 
for storage of freight to be made and charged by railroad compa- 
nies doing business in this State, and to fix at what time after the 
reception of freight at place of destination such charges for storage 
shall begin; with power to vary the same according to the value and 
character of the freight stored, the nature of the place of destina- 
tion, residence of consignee, and such other facts as in their judg- 
ment should be considered in fixing the same. 

§2207. Railroad commission law applicable. All of the provisions 
prescribing the procedure of said commission in fixing freight and 
passenger tariffs, and hearing complaints of carriers and shippers, 
and of altering and amending said tariffs, shall apply to the subject 
of fixing and amending rates and charges for storage, as aforesaid. 

§2208. Railroads not to charge storage greater than that fixed. No 
railroad company shall make or retain, directly or indirectly, any 
charge for storage of freight greater than that fixed by the commis- 
sion for each particular storage, nor shall they discriminate, directly 
or indirectly, by means of rebate or any other device, in such 
charges between persons. 



§§ 2209-2212 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. 138 

Railroad commission. 

§2209. Remedy for violations by railroads. If any railroad com- 
pany shall violate the provisions of the three preceding sections, 
either by exceeding the rates of storage prescribed or by discriminat- 
ing as aforesaid, the person or persons so paying such overcharge, 
or subjected to such discrimination, shall have the right to sue for 
the same in any court of this State having jurisdiction of the claim, 
and shall have all the remedies and be entitled to recover the same 
penalties and measure of damages as is prescribed in the case of 
overcharge of freight rates, upon making like demand as is pre- 
scribed in such case, and after like failure to pay the same. 

Acts 1878-9, §22 L0. (719 o. ) Power of commissioners over witnesses. Said railroad 
p- i25 - . . . . 

commissioners, in making any examination for the purpose of ob- 
taining information pursuant to this Article, shall have power to 
issue subpoenas for the attendance of witnesses by such rules as they 
may prescribe. And said witnesses shall receive for such attend- 
ance two dollars per day, and five cents per mile traveled by the 
nearest practicable route in going to and returning from the place 
of meeting of said commissioners, to be ordered paid by the Gov- 
ernor upon presentation of subpoenas, sworn to by the witnesses, as 
to the number of days served and miles traveled, before the clerk of 
said commissioners, who is hereby authorized to administer oaths. 
In case any person shall willfully fail or refuse to obey such subpoena, 
it shall be the duty of the judge of the superior court of any county, 
upon application of said commissioners, to issue an attachment for 
such witness, and compel him to attend before the commissioners 
and give his testimony upon such matters as shall be lawfully re- 
quired by such commissioners, and said court shall have power to 
punish for contempt, as in other cases of refusal to obey the process 
and order of such court. 

Actsws-s, §2211. (719 p.) Railroad officers to report to commissioners. Every 
officer, agent, or employee of any railroad company, who shall will- 
fully neglect or refuse to make and furnish any report required by 
the commissioners, as necessary to the purposes of this Article, or 
who shall willfully and unlawfully hinder, delay, or obstruct said 
commissioners in the discharge of the duties hereby imposed upon 
them, shall forfeit and pay a sum of not less than one hundred dol- 
lars, nor more than five thousand dollars, for each offense, to be re- 
covered in an action of debt in the name of the State. 

Act | 4 1874 » §2212. (719 q.) Railroads required to deliver freights to connecting 
lines. All railroad companies in this State shall, at the terminus, 
or any intermediate point, be required to switch off and deliver to 
the connecting road having the same gauge, in the yard of the latter, 
all cars passing over their lines, or any portion of the same, con- 
taining goods or freights consigned, without rebate or deception, by 



139 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. §§ 2213, 2214 

Railroad commission. 

any route, at the option of the shipper, according to customary or 
published rates, to any point over or beyond such connecting road, 
and any failure to do so with reasonable diligence, according to the 
route by which such goods or freights were consigned, shall be deemed 
and taken as a conversion in law, of such goods or freights, and shall 
give a right of action to the owner or consignee, for the value of the 
same, with interest, and not less than ten per cent., nor more than 
twenty-five per cent., for expenses and damages: Provided, that should 
the defendant, in any suit brought under this section, set' up as a de- 
fense, that the plaintiff has accepted a rebate, or practiced fraud or 
deception touching the rate, it shall be a complete reply to such de- 
fense if the plaintiff can prove that defendant, or its agents, have 
allowed a rebate or rebates, or practiced like fraud or deception from 
the same competing point against the rival line. 

Construed : 86 Ga. 252. 

Connecting carrier had no right to take goods ordered shipped over another 
road: 72 Ga. 655. 

Contracts to deliver goods to connecting line in some instances, not compel 
such contracts in all: 86 Ga. 251. 

Carrier not liable for damages or penalty under this section, if contract was 
to deliver goods at own terminus : 86 Ga. 251. 

Not compelled to carry goods beyond its own terminus : 86 Ga. 251. 

Notification from railroad agent that order refusing shipments still of force, 
waiver of tender : 77 Ga. 804, 805. 

Right of action against connecting road refusing to receive goods: 77 Ga. 
804, 805. 

Testimony showing necessary sale of refused goods, at reduced price, admis- 
sible : 77 Ga. 804, 805. 

§2213. (719 r.) Railroads may join their tracks, etc. Where any ^ ct |^ 874, 
railroad in this State joins another at any point along its line, or 
where two of such roads have the same terminus, either line, having 
the same gauge, may, at its own expense, join its track by proper and 
safe switches with the other, should such other road or company re- 
fuse to join in the work and expense. 

No authority is herein conferred on railroad to run through incorporated 
city to join another railroad : 74 Ga. 659. 

§2214. (719 s.) Discriminations illegal. No railroad company shall ^ ct 9 3 m4 ' 
discriminate in its rates or tariff of freights in favor of any line or 
route connected with it as against any other line or route, nor, when 
a part of its own line is sought to be run in connection with any 
other route, shall such company discriminate against such connect- 
ing line or in favor of the balance of its own line, but shall have 
the same rates for all, and shall afford the usual and like customary 
facilities for interchange of freights to patrons of each and all routes 
or lines alike; any refusal of the same shall give a like right of action 
as mentioned in section 2212 of this Code. 



2215-2217 



SECOND TITLE.— CHAP. 2, ART. 6, SEC. 2. 



140 



Railroad commission. 



Acts 1874, 
p. 95. 



Acts 1874, 
p. 95. 



Right of action against connecting road refusing to receive goods : 77 Ga. 804. 
Testimony showing necessary sale of refused goods, at reduced price, 
admissible : 77 Ga. 804. 

§2215. (719 1.) Right to connect switches, how enforced. Should any 
railroad company refuse to allow the connecting switches put in its 
line when requested under section 2213, it shall and may be lawful 
for the other road, seeking such connection, to proceed to procure 
right to use so much of the franchise of the former as may be neces- 
sary for such purpose, in the manner pointed out in the charter of 
the Central Railroad and Banking Company, for ascertaining the 
value of and paying for private property taken for use of said road. 

No authority is herein conferred on railroad to run through incorporated 
city to join another railroad : 74 Ga. 659. 

§2216. (719 u.) Application of the foregoing. None of the pro- 
visions of the foregoing sections shall apply to shipments or consign- 
ments of freights from points beyond the limits of this State, except 
such as come by sea, and except such as pass over the Western and 
Atlantic Railroad, and in respect to said road, these provisions shall 
be construed as in harmony with, and in furtherance of, the provi- 
sions of the law and contract under which the same is leased, by 
which discriminations against other lines are forbidden. 

Railroad rule giving preference to salt coming into Georgia by sea at Savan- 
nah, over salt landed at Brunswick, illegal: 74 Ga. 684. 

Effect of Act of 1874, especially this and four preceding sections, upon at- 
tempts at monopoly, discussed : 74 Ga. 684. 

Shipper damaged by violations of said Act has right of action against rail- 
road : 74 Ga. 684. 

"Connecting line," as contemplated by Act of 1874, defined: 74 Ga. 684. 

§2217. Express and telegraph companies under commissioners' control. 
$$2000, 2339. AH companies or persons owning, controlling or operating a line or 
lines of express or telegraph, which are in whole or in part in this 
State, shall be under the control of the railroad commissioners of 
this State, who shall have full power to regulate the prices to be 
charged by any company or persons owning, controlling or operating 
any such line or lines, for any service performed by such company 
or persons, and all the powers given to said commissioners over rail- 
roads in this State, and all the penalties prescribed against railroad 
companies or persons operating railroads, are hereby declared to be 
of force against corporations, companies, or a person or persons 
owning, controlling or operating a line or lines of express and tele- 
graph, doing business in this State, whose line or lines is or are, 
wholly or in part, in this State, so far as said provisions can be 
made applicable to any corporation, person or persons, owning, con- 
trolling or operating a line or lines of express and telegraph. The 
said commissioners shall also have power and authority to require 
said companies to locate agencies at railroad stations. 



Acts 1890-1, 
151. 



141 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 3. §§2218-2222 

Operation of railroads. 

§2218. Regulation of charges. The powers of the commissioners to 
regulate charges by corporations, companies and persons herein 
referred to, shall apply only to charges by express for transportation 
from one point to another in this State, and to messages sent by 
telegraph from one point to another in this State. 



SECTION 3. 

OPERATION OF RAILROADS. 

§2219. (705.) Railroads may cross each other, on terms. Any rail- ^^q 870 ' 
road company, heretofore or hereafter chartered by the legislature /2-u**. . ?tf~^' 
of this State, shall have the right to cross any other railroad here- 
tofore or hereafter built or to be built in this State, upon the 
following terms: They shall be allowed to cross at grade points, or 
at any other point where the same shall not obstruct the other road, 
and may be allowed to cross by a tunnel or bridge, if necessary — 
said tunnel or bridge being made absolutely secure. 

§2220. (706.) Railroad crossings. All railroad companies shall A cobb! 8 95. 
keep in good order, at their expense, the public roads or private 
ways established pursuant to law, where crossed by their several 
roads, and build suitable bridges and make proper excavations or 
embankments, according to the spirit of the road laws. 

This duty does not embrace a path or unfrequented way : 72 Ga. 137. 

Requirements hereof extend to streets : 74 Ga. 774. 

No obligation on railroad companies to fence in cuts, etc., though public 
road run parallel to railroad : 76 Ga. 611. 

Railroad company here liable for damages occasioned by failure to provide 
railing to bridge over tracks : 92 Ga. 223. 

Liable for injuries from defective accommodation bridge, etc., at private 
road crossing : 95 Ga. 430. 

Not required to build bridges for crossings not public nor private ways, nor 
responsible for damages on account of bridge narrower than road at such 
crossing : 68 Ga. 446. 

§2221. (707.) Extent of such crossings. Such crossings include the 
width of land on both sides of the road allowed by charter or appro- 
priated by the company therefor, and for as many feet beyond, each 
way, as is necessary for a traveler to get on and off the crossing 
safely and conveniently. 

Requirements hereof extend to streets : 74 Ga. 774. 

§2222. (708.) A post to be erected. There must be fixed on the line Actsi85i-2, 
of said roads, and at the distance of four hundred yards from the 1859, p - 64 - 
center of each of such road crossings, and on each side thereof, a 
post, and the engineer shall be required, whenever ho shall arrive at 
either of said posts, to blow the whistle of the locomotive until it 



2222 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 3. 142 

Operation of railroads. 



arrives at the public road, and to simultaneously check and keep 
checking the speed thereof, so as to stop in time should any person 
or thing be crossing said track on said road. 

See note to section 2224, and general note on Municipal Corporations after 
section 1833. 

This provision as to blow-posts is indicative as to the legislative mind in 
regard to the subject of diligence: 24 Ga. 75. Train to be checked, how: 24 
Ga. 75. Failure of train to comply with these requisitions : 24 Ga. 75. If not 
done, liable, although no actual collision: 42 Ga. 332. Means only public 
roads: 61 Ga. 455. Section cited and construed, and public crossings here 
meant : 64 Ga. 649. 

Applicable to checking train in passing city street-crossing : 78 Ga. 810. 

City having authority to regulate running of trains, failing to do so, this 
law in full force : 78 Ga. 810. 

Charge, that proper diligence required tolling of locomotive-bell approach- 
ing city street-crossing, not error here : 65 Ga. 120. Approaching city street- 
crossing, should toll bell, not blow whistle : 73 Ga. 558. 

Homicide at crossing, blow-posts not erected, whistle not blown, train not 
checked, legal presumption against railroad not rebutted : 74 Ga. 426. 

Statute embraces men ; language is "person or thing " : 74 Ga. 733. 

Does not apply to trains working exclusively between blow-posts : 77 Ga. 788. 

Applies to case where train in city put in motion less than four hundred 
yards from crossing : 88 Ga. 60. 

Statute does not require that train started at crossing be "checked and kept 
checked" while passing thereover: 78 Ga. 526. 

Omission of specific acts of diligence prescribed by legislation, negligence 
perse: 78 Ga. 694; 81/397; 65/631; 89/463; 74/725; 93/510. 

Ordinance limiting speed of trains at crossings, not applicable between cross- 
ings : 78 Ga. 694. 

Law does not require regular speed checked before reaching blow-post: 
82 Ga. 190. 

Engineer approaching crossing at criminal speed has no right to assume 
that man on track will get off in time : 89 Ga. 463. 

Section primarily for benefit of persons crossing track, not those walking 
along it; yet as to both non-compliance is evidence of negligence for jury: 
82 Ga. 400. 

Section somewhat germane when stock killed some distance beyond public 
crossing: 83 Ga. 192. So, where killed between blow-post and crossing, and 
sections 2222 and 2224 are to be construed together : 83 Ga. 192. 

Company not liable for homicide of one on track between blow-post and pub- 
lic crossing, when : 91 Ga. 419, 420. 

Driver of wagon killed near public crossing by train not run as provided by 
statute, no recovery here: 93 Ga. 253. 

Not applicable where railroad-train killed colt three hundred yards below 
crossing, when : 93 Ga. 319. 

No duty raised by this section as between company and stranger on tracks 
near to, but not at public crossing: 93 Ga. 370; 95/362; 93/510, 390. 

In such case failure to observe requirements of this law may be considered 
by jury on question of negligence : 65 Ga. 631 ; 89/463 ; 74/725 ; but see 74 Ga. 605. 

Sectio n construed and applied where person killed on tracks near, but not 
onT^rblic crossing: 93 Ga. 390. 

Failure to observe these requirements negligence per se, but how far negligent 
as to person injured on tracks near crossing: 93 Ga. 510. 



143 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 3. §§2223-2227 

Operation of railroads. 

Where engineer failed to comply with this section and train collided with 
buggy, railroad company negligent : 93 Ga. 788. 

Where headlight, and not speed of train, frightened horse, failure to blow 
whistle and approaching crossing too rapidly, not render company liable : 
88 Ga. 282. 

Failure to comply with this section, and horse of traveler, on public road 
approaching crossing, frightened, and person injured, railroad company liable : 
95 Ga. 688. 

§2223. (709.) Neglecting to erect such posts . Should any company ^f^g 851 " 2 ' 
fail or neglect to put up said posts, the superintendent thereof shall 1859 - p- 64 - 
be guilty of a misdemeanor. 

§2224. (710.) Failing to blow the whistle. If any engineer neglects ^ ct ^ 1851 " 2 ' 
to blow said whistle as required, and to check the speed as required, 1875 ' p- 17 - 
he is guilty of a misdemeanor: Provided, that within the corporate 
limits of the cities, towns and villages of this State, the several rail- 
road companies shall not be required to blow the whistle of their 
locomotives on approaching crossings or public roads in said cor- 
porate limits, but in lieu thereof the engineer of said locomotive 
shall be required to signal the approach of their trains to such cross- 
ings and public roads in said corporate limits, by tolling the bell of 
said locomotive, and on failure to do so, the penalties of this sec- 
tion shall apply to such offense. 

See notes to section 2222. 

Amends section 2222 so as to make it unlawful to blow whistle in cities, 
irrespective of city ordinances : 73 Ga. 558. 

It was not negligence per se to blow stock-alarm in city, where blowing had 
no relation to crossing, but done to save mule : 83 Ga. 193. 

Provision requiring engineer to "signal approach" refers only to crossings, 
not to stations; but on discovering frightened team, he should stop whistle: 
90 Ga. 232. 

§2225. (711.) Injuries. When such injury occurs, the onus is $2321. 
upon the company to prove such fault on the part of the injured 
persons. 

See also note on marginal cognate section. 

§2226. (712). Suits, where brought. Such suits may be located in 
tho county where the injury occurs, and service perfected as in case 
of killing stock. 

In suit for damages for killing a person, under the Act of 1850 brought in the 
county where the principal office was kept : 24 Ga. 356. 

Railroad extending through several counties, may be treated by legislature 
as residing in each of such counties : 01 Ga. 223. 

§2227. (713.) Railroads over which crossings are required. When A ( ?^ 88 ^ 56 
any road over which a crossing is required shall be obstructed, or i ^ :t | 7 1894 ' 
not in good order at such crossing, a road commissioner, or an over- 
seer of the road district where the crossing is, must notify the' near- 
est agent or employee of the company, in writing, to remove such 



§§ 2228-2235 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 3. 144 



Operation of railroads. 



obstructions, or to put such crossing in proper order, within fifteen 
days from the date of such notice. 

§2228. (714.) Requisition, when to be complied with. If such requisi- 
tion is not complied with, it must be done by the overseer of the 
road, and within five days after he shall have discharged such duty, 
he must report under oath, in writing, to the commissioner of the 
district, the amount and value of the services performed. 

§2229. (715.) Execution shall issue. The commissioners shall then 
issue execution, under their hands and seals, directed to any lawful 
officer, for the amount of such value and the costs of the proceed- 
ing, against such defaulting railroad company, as in case of other 
road defaulters. 

§2230. (716.) Money raised, how disposed of. The amount, when 
collected, must be paid to the persons who performed the labor, pro 
rata, and according to the labor performed by each, and for other 
expenses of said work, if any. 

§2231. (717.) Defenses. The defendants may defend themselves 
from such fi. fas. as other defaulting road-workers may. 

§2232. (718.) Plank and other roads subject to the same provisions. 
The provisions of this Article are, so far as applicable, extended to 
any plank, macadamized, turnpike, or other road belonging to pri- 
vate individuals or a joint-stock company. 

Case of a plank road : 9 Ga. 475. A bill filed for obstructing a highway : 
15 Ga. 39. 
$$509,571. §2233. (719.) Public highways, etc. Public highways, bridges, or 
ferries cannot be appropriated to railroads, plank roads, or any other 
species of road, unless express authority is granted by some consti- 
tutional provision of their charter. 

Not applicable where railroad charter older than Code : 43 Ga. 200. 

"Highways" includes streets ; city of Macon has no authority to grant use of 
street to railroad : 80 Ga. 793 ; 87/608. 
Acts 1882-3, §2234. Trains must stop at railroad crossings. Whenever the tracks 
of separate and independent railroads cross each other in this State, 
(Lua,^Q I " ^"all engine-drivers and conductors must cause the trains which they 
respectively drive and conduct to come to a full stop within fifty feet 
of the place of crossing, and then to move forward slowly. The 
train of the road first constructed and put in operation shall have 
the privilege of crossing first. 

Where statutory restriction as to speed applied to bridge proper, not to tres- 
tle approaching it: 90 Ga. 608. 

What was "drawbridge," for court, not jury: 90 Ga. 608. 

Bound to reasonable care and diligence in running over crossings : 10 Ga. 

680. Collision happening at crossing of railroad and public highway, both 

parties being at fault, no recovery : 19 Ga. 440. 

Acts 1881-5, §°235„ Railroads to post bulletins of delayed trains. Whenever any 

passenger-train, on any railroad in this Stale, shall be more than 



145 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 3. §§2236-2240 

Operation of railroads. 

one half of one hour behind its schedule time, when it passes a depot 
at which there is a telegraph-operator, during the hours that such 
operator is required to be on duty, it shall be the duty of such rail- 
road company to keep posted at every succeeding telegraph-station 
along its lino the time such train is behind its schedule: Provided, 
that such bulletin shall not be required to be posted at any station 
until one half-hour before the regular schedule time at which such 
train is to arrive at the station at which such bulletin is required to 
be kept. 

§2236. Penalty. For every willful violation of the requirements 
of the preceding section, said railroad company shall be liable to pay 
to the State of Georgia twenty dollars, which may be collected by 
suit in any court having competent jurisdiction. 

§2237. Qualifications of railroad telegraph-operators. No railroad ^ ) et ^ 890 " 1 ' 
company shall employ in this State any telegraph-operator to re-$ 2340 - 
ceive and transmit dispatches governing the movement of trains, 
who is less than eighteen years of age, and who has not had at least 
one year's experience as a telegraph-operator, and who has not stood 
a thorough examination before the railroad superintendent or train- 
master, and received a certificate of his competency from such offi- 
cer. A written record of said certificate shall be kept in the office of 
the officer issuing it, and be subject to inspection at any time. 

§2238. Penalty. Any railroad company violating the requirements 
of the preceding section shall forfeit for each offense not less than 
fifty dollars, and not more than five hundred dollars. All forfeitures 
collected shall be paid into the State treasury to the credit of the 
public-school fund. 

§2239. Suits for collection of penalties. Suits for the collection of 
forfeitures shall be brought in the county where such violations occur, 
and shall be prosecuted by the solicitor-general. 

§2240. Limiting hours of service for trainmen. No railroad doing Actsi890-i, 
business in this State shall require or permit its employees, who are $$2615, 2619. 
engaged in the business of operating its trains over its roads, to make 
runs of over thirteen hours, or make runs aggregating more than 
thirteen hours in any twenty-four hours, except when such train is 
detained by reason of casualty, or other cause, from reaching its des- 
tination on schedule time, and no trainman, after having been on a 
run or runs for as much as thirteen hours out of the twenty-four 
hours, shall be required to again go on duty until after ten hours' 
rest, except in the case above stated. No employee of any railroad 
company shall be deprived of his right to recover damages for per- 
sonal injury by reason of the fact that he, at the time of such injury, 
was making a run of more than thirteen hours, or making a run ag- 
gregating more than thirteen hours in twenty-four hours, or had gone 
10 



§§2241-2245 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 4. 146 

Farm crossings and cattle-guards. 

on duty after a thirteen hours run, or runs aggregating thirteen 
hours before ten hours' rest. 

§2241. Penalty. Any railroad violating any of the provisions of 
the preceding section, shall be subject to a forfeiture of not less than 
fifty nor more than five hundred dollars; all forfeitures collected 
shall be paid into the State treasury to the credit of the school fund. 

§2242. Suits to collect forfeitures. Suits for the collection of forfei- 
tures, under the provisions of the preceding sections, shall be brought 
in the county in which the principal office of the railroad employing 
the trainmen offending is situated; or if such company shall have 
no principal office in this State, then such suit may be brought in 
any county in which such company has a track and an agent. 



SECTION 4. 

FARM CROSSINGS AND CATTLE-GUARDS. 

Actsi889, §2243. Railroad companies to build and maintain farm crossings, etc. 
Every railroad company shall be required to build and maintain at 
its own expense good and sufficient cattle-guards on each side of 
every public road or private way established pursuant to law, and 
on the dividing line of adjoining landowners where the railroad 
may cross such public roads, private ways, or dividing lines, when 
necessary to protect said lands. Thirty days written notice to build 
such cattle-guards shall be served on any agent or officer of such 
company, by the owner of the lands to be affected by such cattle- 
guards; said notice shall be directed to said railroad company, and 
contain a description of the point where such cattle-guard is desired, 
be signed by the said landowner or his agent or attorney, and 
attested by some officer with a seal; a certified copy of the same 
being prima facie evidence of the contents of the original notice. 

§2244. Liability for failure. If the railroad company shall fail to 
build such cattle-guards within thirty days, then the railroad com- 
pany shall be liable to the owner of the land for all damages result- 
ing from the failure so to build; and for each day elapsing after the 
thirty days have expired, until the said cattle-guard is built, in the 
sum of twenty-five dollars, to be recovered by said landowner in any 
court having jurisdiction over the same. 

§2245. Additional cattle-guards. Whenever the owner of any lands 
over which any railroad company may have acquired the right of 
way, may desire additional cattle-guards other than those provided 
for in the preceding section, or any farm crossing on his land, it 
shall be the duty of the railroad company, upon written notice as 
provided in the preceding section, within ten days after the service 



147 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 5. §§2246-2248 

Injuries to stock. 

of the said notice, to submit to the landowner, or his agent, if to 
be found, a written estimate of the cost of such cattle-guard or farm 
crossing; whereupon the said landowner, or his agent, if satisfied 
with the same, shall pay to the company the sum so estimated, 
when the company shall at once proceed to build such cattle-guards 
or farm crossing; the cost of the farm crossing to cover only the 
road-bed of the said railroad. In the event the landowner and the 
company cannot agree as to the correctness of the said estimate, 
then the same shall be determined in the same manner as damages 
for right of way. The award may be had at the instance of the 
landowner, or his agent, as well as at the instance of the railroad 
company. In the event the railroad company shall fail to comply 
with the provisions of this section, or to keep in good repair the 
guards or crossings, it shall be liable for all damages resulting to 
such landowner by the failure to build or keep in good repair such 
cattle-guards or farm crossings, to be recovered in any court having 
jurisdiction thereof. 

§2246. Does not affect existing laws. Nothing in the two preceding 
sections shall be construed in any way to change the liability of 
railroad companies for damages to live otock, or to prevent land- 
owners from joining their fences to stock-gaps, or of free access from 
and to the said farm crossing. This and the two preceding sections 
shall not apply to any roads, ways or crossings within the limits of 
any incorporated town or city. 



SECTION 5. 

INJURIES TO STOCK. 

§2247. (3037.) Record of stock killed. Every railroad company 
shall require of every engine-runner employed by them to render 
daily, to a proper officer, an account of any stock or other property 
injured, which returns shall be kept recorded in a book, and open 
for the inspection of all persons. For the failure to keep such a 
record, and to require such returns, the company shall be liable for 
ten per cent, extra damage to every person whose property is injured 
by them. 

Suit could not be brought for a matter of this kind before Act of 1843, in 
justice's court, for killing stock : 1 Ga. 173. What proof to recover from rail- 
road for killing stock : 33 Ga. 110. 

§2248. (3038.) Report of overseers, etc. All overseers or track- Acts 1868-4, 
menders on the different railroads in this State, shall file weekly, t ' * — 
with the station-agents, a list of the different marks and brands of ^* 
all stock killed upon their respective sections the preceding week, so 



§§ 2249-2252 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 5. 148 

Injuries to stock. 

as to bo compelled to identify, in their weekly report, on what part 
of thoir section such stock was, or may have been killed, by some 
designated place on said section. 

A p C p S 6?, 6 66 4 ' § 2249 - (3039.) Report to be posted, where. Said list shall be placed 
in a conspicuous place in the office of the said station-agent, for the 
inspection of all persons concerned. 

A p C p S 65?66?' §2250. (3040.) Overseer, when liable. Upon failure of any over- 
seer or track-mender to comply with the provisions of section 2248, 
fisV^** ' ^a" he shall be liable to pay the owners of said stock double the value of 
all stock killed on his particular seotion, and not reported during 
such failure; the same to be recovered in the same manner as now 
provided by law for the collection of claims for stock killed on rail- 
roads in this State. 

^ s 6 1 5 86 gg 4 ' §2251. (3041.) Railroad company liable, when. Incase the over- 
seer or track-mender is insolvent, then and in that case the rail- 
road company in whose employ they are, shall be liable to pay ac- 
cording to the provisions of section 2250 : Provided, that in all cases 
where the penalty shall be collected from the overseer or track- 
mender, the liability of the railroad company in whose employment 
they may be, shall thenceforth cease. 

Actmto, §2252. (3042.) Damage to live stock. The several railroad compa- 
Act 1843, nies in the State, including the Western and Atlantic Railroad, shall 

Oobb,390. ' & ' 

Act i84~< be held liable, under the rules hereinafter prescribed, for any dam- 
Act mo, age done to any live stock or other property (except for the assess- 

Acts 1853-4, ruent of damages for right of way) , to the owner or owners thereof, 

p. 93(e). B & , J/ ' . .' 

1863-4, p. 65. by the running of cars, locomotives or other machinery upon their 

roads respectively, and for damage done by any person or persons 

in the employ or service of railroad companies, and for damages done 

by any such railroad company, by any means whatever. 

See notes to section 2321. 

Provisions of the Act of 1847, how far repealed by Act of 1850: 13 Ga. 68. 
Act of 1854 in regard to the liability of railroads for killing stock, not unconsti- 
tutional: 17 Ga. 323. As to notice under Act of 1853-4: 18 Ga. 247. What 
part of Act of 1847 repealed by Act of 1854: 21 Ga. 104. Offering to pay 
for cattle throws the onus on railroad company to show not killed by their 
negligence : 28 Ga. 317. What necessary proof to recover from railroad for 
killing stock: 33 Ga. 110. Expenses of litigation claimed as part of damages 
for killing cow: 48 Ga. 514. Where railroad company not liable for killing 
stock : 48 Ga. 464. What will excuse and what mitigate when stock killed : 
56 Ga. 540. Verdict for company not disturbed, although burden on com- 
pany to prove no negligence where killing shown : 56 Ga. 457, 458. As to 
triple damages for killing stock : 57 Ga. 253. As to burden of proof on railroad : 
64 Ga. 649 ; 61/11, 12. As to the presumption against the railroad being rebut- 
ted: 65 Ga. 714. 

No legal obligation on railroad to make and keep up stock-gaps ; declaration 
not showing contract to do so, demurrable : 75 Ga. 354. 



149 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 5. §§2253, 2254 



Injuries to stock. 




As to which road liable, and election to sue, where stock killed on tracks 
of one by train of another : 75 Ga. 645. 

Railroad purchasing right of way and taking away protecting fence, liable to 
tenant of grantor for damages by cattle : 84 Ga. 256 ; also where right of way 
condemned and stock-gap removed : 85 Ga. 444. 

Expense of feeding and doctoring injured mule while unable to work, in- 
cluded in measure of damages : 84 Ga. 329. 

Owner cannot recover from railroad, for injuries to horse, where caused by 
animal's own obstinacy: 86 Ga. 103. 

Under section 4386, Revised Statutes United States, carrier liable for dam- 
ages to stock, occasioned by keeping on cars for twenty-eight hours without 
food : 86 Ga. 210. 

§2253. (3043.) Notice to railroad. Any person whose stock has ^ cts 9 ^|*- 4 > 
been or may be killed, wounded or injured, or whose property has 1 ^ 62 ^ 
been destroyed or damaged (with the exception contained in the 
preceding section) by the running of any cars, engines, locomo- 
tives, or other machinery used by a railroad company, on any 
railroad, or by any act done by any person or persons in the employ 
of a railroad company, or the officers, agents, engineers, or conduct- 
ors of any such company, may serve a written notice, describing 
the kind of stock killed, crippled, or injured, and the particular 
kind of property damaged or destroyed, which notice shall contain 
a statement of the time and place, as near as can be ascertained, 
when and where the damage was done, and maybe served personally 
upon any employee of such company, at any place where such offi- 
cer or agent in the employ or service of such company may be 
found, at least three days previous to the day of trial, or by leav- 
ing a copy of such notice at the residence of such employee five 
days previous thereto, and which notice shall be served at any time 
within three months after the happening of the injury complained 
of, and not after; which service shall be deemed and held sufficient 
notice to such company to authorize the court to proceed to give 
judgment as in cases of debt. 

Notice served personally by plaintiff, who attached affidavit of service ; and 
as to what is evidence of negligence by owner : 42 Ga. 300. 

§2254. (3044.) Form of notice. A notice in substance and f orm ^p^fll" 4 ' 
as follows, subject to such alterations and additions as the circum- 1 P 62 1 ^ 
stances of the case may require, shall be deemed sufficient: 

Georgia, County. 

To the Railroad Company : 

You are hereby notified, that within the last three months, to wit, 

on the day, or night of , you damaged the subscriber, by 

killing or destroying (as the case may be) (here mention the par- 
ticular damage done, and the kind and species of property injured 
or destroyed, belonging to him or her), by the running of a car, 
engine, or locomotive, or other machinery on your road; and desir- 








§§2255-2257 SECOND TITLE.— CHAPTER 2, ART. 6, SEC. 5. 150 

Injuries to stock. 

ing that the amount of damages may be legally assessed, you are 
hereby required, by agent or attorney, or in person, to appear at the 
justice court-ground in the District G. M. (inserting the num- 
ber of the district in which the damage was done), by ten o'clock, 

a. m., on next, then and there to show cause, if any exist, why 

the damage shall not be assessed according to law. 

This day of , 18 — . John Doe. 

A P C p S 93 8; 2" 4 ' §2255. (3045.) Trial, judgment and execution. In all cases the 
1 ^ 2 i59 plaintiff shall state in his notice that the damages do not exceed 
thirty dollars. The justice of the peace in the district shall attend 
at the court-ground in the district at the time specified in the no- 
tice, hear the evidence produced, determine the amount of damages, 
// P.* f°D anc ^ en ^ er U P judgment therefor, with costs ; and the plaintiff may 
give testimony himself, as any other witness. A judgment entered 
up under the provisions of this section, by the justice of the peace, 
shall be final and conclusive between the plaintiff and railroad com- 
pany, touching the particular matter for which such judgment may 
be rendered, except as hereinafter provided for on appeal. The 
justice of the peace shall forthwith issue his execution in favor of 
the plaintiff against the defendant for such damages as may have been 
assessed, with all the costs which may have accrued, which execution 
shall be directed to all and singular the sheriffs and constables of 
the State of Georgia, and may be levied and executed by any levy- 
ing officer in any county of this State where the property may be 
found. 

Justice's jurisdiction to $100 for killing of stock by railroads : 58 Ga. 534. 
In summary proceeding, plaintiff cannot recover $30.00 for killing hogs, and 
$30.00 extra for failure to report same : 80 Ga. 803. 

A p C P ts St 4, §2256. (3046.) Appeal. The railroad company, by its officer, 

1 p 6 159 agent, or attorney at law, may, at any time after such judgment is 

rendered and before a sale under the execution, enter an appeal by 

filing with the justice of the peace or levying officer an affidavit that 

the amount of such judgment or verdict is, to the best of his belief, 

not justly due to the plaintiff ; whereupon, and on the payment of 

, ffr'j^ all costs, the said justice of the peace and sheriff shall return to the 

clerk of the superior court of the county where the suit commenced, 

all the papers in their hands, and also said affidavit ; and the said 

court shall proceed to try said cause in the same manner and under 

the same restrictions as other appeal causes are tried, and award 

judgment and execution accordingly. 

A |!'il s J:St 4 ' §2257. (3047.) Levy, advertisement and sale. When a sheriff or 

1 p! 2 iM. constable shall levy an execution, issued under the provisions of 

the foregoing sections, upon property of the defendant, he shall 

advertise the same for at least fifteen days in some public gazette, 

published weekly, on the line or at the terminus of said road, in 



151 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 5. §§2258-2261 

Injuries to stock. 

. f — 

this State, and proceed to sell the same for the satisfaction of such //pi /? r 
damages and costs; and such levying officer shall be entitled to a /a'^* 7 

commission of ten per cent, for selling, besides two dollars for ad- 
vertising and one dollar for the levy. 

§2258. (3048.) Disposition of proceeds of sale. The cost, in all Acts 1853-4, 
cases, shall be the first money paid, and after satisfying the plain- m2 3k 
tiff's demand, the excess, if any, arising from such sale shall be /£*/* ffi ru 
subject to the order of the president of such company. / 

§2259. (3049.) Tender and its effects. Nothing in the seven pre- ^Va^t" 4, 
ceding sections shall prevent a railroad company, or the agent and ^Jg. 
employee of such company, who may be served with a notice of 
a damage done, from tendering to the owner of such property dam- 
aged or destroyed a reasonable amount as a compensation for the /i / 
damage so done, which, if accepted by the party aggrieved, shall / z/L/" 
stop all further proceedings; but the injured party may or may not Ap 
accept the sum tendered, and if he refuse and proceed to investigate 
the matter, under the provisions of the seven preceding sections, and 
shall fail to recover a larger amount than the sum so tendered, he 
shall pay all costs, and the railroad company shall be discharged 
from further liability by paying the damages assessed; and, in all 
cases, when an injured party shall claim damages exceeding thirty 
dollars, suit shall be brought in the superior court, by written notice, 
served upon the nearest agent or officer of said railroad company to 
plaintiff's residence, or by leaving a copy at their place of doing 
business twenty days before court. 

Section referred to and construed : 51 Ga. 245. 

§2260. (3050.) Suits by a partner or joint owner. In all cases where ^ c * s 9 1 3 8 _||" 4, 
any species of live stock or other property shall be killed, injured 1862 {§£ 
or destroyed by the running of an engine, locomotive, car or other 
machinery upon any railroad in this State, which belongs to part- ./J J <^a . 
ners or joint owners, or where the owner is absent, any one of the ^*^' 
partners or joint owners, or any authorized agent of the absent 
owner, shall have power to institute suit in his own name against 
the railroad company liable for the damages; and any verdict or 
judgment obtained against such company by a part owner or agent 
of an absent owner, shall be a full and complete bar to the recovery 
of any other part owner, or the absent owner, in respect to the par- 
ticular matter investigated, and the cost shall be taxed as provided 
in other cases of debt. 

§2261. Owner may hill live stock rendered useless. When any live Act ^ 882 " 3, 
stock is so injured by the cars of any railroad company as to become $ 1755 - 
valueless for ordinary uses, it shall be lawful for the owner of said 
live stock to procure the attendance of two disinterested persons to 
examine said stock, and if said persons determine the injury to be 



2262-2264 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. 152 

Railroads as common carriers, and herein of other carriers. 



of such character as to render the stock valueless- for the purpose 
for which said owner kept said stock, then the owner may put said 
stock to death, or procure it to be done, without impairing in any- 
way his right to recover damages from the company inflicting the 
injury upon his said stock. 

§2262. Railroad may kill stock. Nothing in the preceding section 
contained shall be construed to prevent the authorities of any rail- 
road company inflicting serious injury of the character named in 
said section from putting such live stock to death. 



SECTION 6. 

RAILROADS AS COMMON CARRIERS, AND HEREIN OF OTHER CARRIERS.* 

§2263. (2065.) Definition. Any person undertaking to transport 
goods to another place for a compensation, is a carrier, and as such 
is bound to ordinary diligence. 

A carrier of goods, and bound to ordinary diligence : 2 Ga. 349-355. A fer- 
ryman held to be only carrier where only uses it for customers, and does not 
charge : 42 Ga. 528. 

§^167(7), 82264. (2066.) Common carrier. One who pursues the business 

2894,5160. u \ / -l^ 

constantly or continuously for any period of time, or any distance 
of transportation, is a common carrier, and as such is bound to use 
extraordinary diligence. In cases of loss the presumption of law is 
against him, and no excuse avails him unless it was occasioned by 
the act of God or the public enemies of the State. 

Common carrier defined ; what is act of God : 2 Ga. 349. An express com- 
pany is a common carrier under the terms of this section : 36 Ga. 635. Where 
common carrier could not affect title to wool against true owner by taking 
warehouse receipt in his own name : 33 Ga. Sup. 98. Only relieved from loss 
of goods by act of God or the public enemy : 37 Ga. 103. Extraordinary flood 
in a river as an act of God, excusing a common carrier: 42 Ga. 443. Delivery 
of goods must be proven to charge common carrier for loss: 36 Ga. 635; 
12/217. Act of God, the interfering cause, must be irresistible : 50 Ga. 511. 

Passenger stopped by quarantine occurring after sale of ticket cannot re- 
cover : 70 Ga. 533. 

As to whether telegraph company is a common carrier: 68 Ga. 299, 307. As 
to notice of value of what they receive for transmission : 73 Ga. 285. 

Railroad transporting live stock, common carrier, and liable for damages 
except from act of God, public enemy, or the animals themselves : 66 Ga. 485. 

Messenger here agent of express company to carry goods, etc., and not 
common carrier, and liable to company for ordinary diligence, etc. : 67 Ga. 201. 

Common carrier's duty respecting transportation of persons or property is 
independent of contract : 90 Ga. 810. Hence, breach of contract of carriage 
is also a tort, being violation of public duty: 89 Ga. 260. 

But where special contract varied general liability, action was properly 
brought on the contract: 87 Ga. 463. Had it not been, defendant could have 
set up the special contract : 87 Ga. 463 ; citing 71 Ga. 61. 



*See Bailments. 



153 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. §2265 

Railroads as common carriers, and herein of other carriers. 

Carrier's duty, relative to transportation, being independent of contract, 
a line connecting with initial line, but having no contract with it or shipper, 
liable to latter for delay : 90 Ga. 810. 

Cattle and hogs sued for, description in freight bill as "one car-load of cat- 
tle" immaterial variance, action being in tort for breach of the public duty : 

87 Ga. 734. 

Under contract here, railroad company's liability was that of common car- 
rier to transport cotton over other lines to destination : 75 Ga. 609. 

Facts here made action of trespass on case, not breach of contract to carry 
passenger: 69 Ga. 827. 

Rule of diligence herein is higher than that in section 2321, which exacts 
of the company generally only ordinary diligence: 88 Ga. 814; modifying 
78 Ga. 646. 

Where goods had ample time to arrive before flood and escape it, and de- 
fense is flood, onus on carrier: 88 Ga. 806. 

In order to recover for negligence in failing to give notice of arrival, or to 
deliver on application, onus on consignee, when : 88 Ga. 806. 

Liable for failure to care for stock carried past destination and detained 
several days, although not responsible for attention, etc., under contract: 68 
Ga. 805. 

Liable under section 4386, Revised Statutes "United States, for damages to 
stock, kept on car twenty-eight hours without food : 86 Ga. 210. Not excused, 
for failure to unload them for food and rest, by failure of servant of consignor 
so to request : 86 Ga. 210. Nor by fact that stock-yard on fire when certain 
station reached : 86 Ga. 210. 

Special contract here required shipper of stock to accompany them ; he 
could not recover for their injury, when : 91 Ga. 377. 

Defect in platform not excuse railroad for injury to horse while loading on 
car : 92 Ga. 384. 

Freight damaged, though perishable, carrier must show freedom from fault ; 
word "loss" includes damage or injury : 91 Ga. 382, 385. 

Condition of goods at time of delivery to carrier presumed good until proven 
bad: 89 Ga. 815. 

Presumption against carrier repelled by consignee's receipt as in good 
order ; plaintiff could not recover, evidence leaving doubt whether damages 
due to dangers of sea or negligence : 69 Ga. 437. 

Carrier must show how lost baggage got out of its custody ; general proof 
of vigilance not sufficient : 75 Ga. 316. 

Duty of sleeping-car company, as to guarding valuables of sleeping passen- 
ger, and burden of proof in case of loss : 95 Ga. 314, 810. 

Declaration against sleeping-car company held sufficient in substance, where 
valuables of sleeping passenger taken from her satchel: 92 Ga. 161. 

Charge here, that carrier must show it used all ordinary care and diligence, 
if goods damaged before receipted for, error : 69 Ga. 437. 

Acts and facts constituting extraordinary diligence in being prepared against 
flood, etc., as to freight, exclusively for jury ; error for court to touch thereon : 

88 Ga. 806. 

Violation of usage to notify consignee of arrival, whereby flood overtook 
goods, was negligence : 88 Ga. 806. 

82265. Bailee must show no concurrinq neqliqence. In order for a car- $2896. 
rier or other bailee to avail himself of the act of God or exception 
under the contract as an excuse, he must establish not only that the 



2266 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. 154 

Railroads as common carriers, and herein of other carriers. 

act of God or excepted fact ultimately occasioned the loss, but that 
his own negligence did not contribute thereto. 

88 Ga. 806, cites and discusses 28 Ga. 543; 42/443; 50/509; 86/203; 78/646. 
Defense being that injury was from inherent defects, or act of God, carrier 
must show itself without fault: 92 Ga. 704. 

§2266. (2067.) Carrier of passengers. A carrier of passengers is 
bound also to extraordinary diligence on behalf of himself and his 
agents to protect the lives and persons of his passengers. But he is 
not liable for injuries to the person, after having used such diligence. 

Note.— See also notes to sections 2321, 2322, 2323. 

Proper charge of the court as to the diligence to be used by carriers of pas- 
sengers: 34 Ga. 330. When one becomes a passenger, as to the diligence to be 
used and place to get on a train : 58 Ga. 461-468. Bound for extraordinary dili- 
gence to protect passengers : 56 Ga. 322. Negligence is a question of fact for 
the jury : 11 Ga. 588. Railroads responsible for the torts of their conduct- 
ors : 58 Ga. 216. Street-railroads are carriers of passengers and responsible 
for injury to : 61 Ga. 215. Responsible to passengers for injuries where they 
do not use extraordinary care and diligence: 62 Ga. 566. 

Extraordinary diligence due to passengers, discussed and defined : 95 Ga. 739. 

Violent jolt caused by coupling onto coach where plaintiff was, foscjury to 
say what plaintiff should have done under the circumstances: 89 Ga. 495. 
Where initial line had side-tracked said coach for connecting road to take it, 
plaintiff became latter's passenger, whether he had ticket or not : 89 Ga. 495. 

No agent at station to sell tickets, passenger blameless for not having one ; 
charge over ticket rate, illegal: 83 Ga. 753. 

Agent's mistake or omission in signing or stamping ticket, not justify com- 
pany in refusing to honor it : 79 Ga. 358. 

Passenger ejected because ticket wrong and fault with ticket-agent, railroad 
liable : 86 Ga. 744. 

Passenger without ticket because ticket-office closed, not bound to get out 
at way station and purchase ticket back to initial station and thence to destina- 
tion : 90 Ga. 562. Nor bound to comply with unreasonable rules of company. 
Railroad must keep ticket-office open reasonable time before departure of trains ; 
whose fault that passenger had no ticket, for jury ; relative rights of passen- 
ger without ticket and company : 90 Ga. 562. See also 88 Ga. 529. 

Passenger could not recover for expulsion from train, his ticket having ex- 
pired by limitation : 93 Ga. 225. 

One voluntarily on train, riding free, only passenger sub modo: 73 Ga. 150. 
Such person's rights, and company's duties to him, discussed : 73 Ga. 150. 

Conductor bound to take fare if tendered before passenger ejected ; if ten- 
dered after, need not stop train and take him on : 68 Ga. 572. See 88 Ga. 530. 

Passenger stopped by quarantine occurring after sale of ticket, cannot re- 
cover: 70 Ga. 533. 

Passenger on freight-train takes risk of jolts incident to running such 
trains : 84 Ga. 651 ; 91/782. 

Extraordinary diligence due, no matter what means of conveyance em- 
ployed. Difference in application of rule to freight and passenger trains : 
91 Ga. 782. 

Charge that law wisely requires extraordinary diligence of carriers of pas- 
sengers, not error: 76 Ga. 772. 

After charging this section, proper to add charge on presumption of negli- 
gence, etc. : 75 Ga. 331. 



155 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. § 2267 

Railroads as common carriers, and herein of other carriers. 

Extraordinary diligence as to passengers : 70 Ga. 251. Defined : 95 Ga. 738. 

Whether railroad company should give signals as to train's departure from 
depot, so that passengers will get on in time, and as to passenger's duty : 
66 Ga. 746. 

As to railroad's duty to keep tracks clear for those who may pursue train 
leaving depot : 66 Ga. 746. 

In absence of custom to give signals for passengers to alight, railroad not 
bound to do so ; train stopping reasonable time to alight, enough : 89 Ga. 455 ; 
So as to mounting : 89 Ga. 320. But injury from sudden jerk of cars while 
alighting, carrier's responsibility to passenger extends until he lands safely : 

74 Ga. 442. 

Generally, passenger hurt by jumping from moving train cannot recover: 
89 Ga. 455. 

Not liable for carrying sleepy passenger beyond station, if usual warning and 
opportunity to alight were given : 71 Ga. 710. That conductor promised to 
wake him and did not, makes no difference : 71 Ga. 710. Custom of conductor 
to assjst ladies, children and infirm persons, referred to: 71 Ga. 710. 

Person boarding train to assist female passenger, not entitled to notice that 
train about to start: 84 Ga. 1. Distinguished: 96 Ga. 43. 

Carrier not bound to insure passenger a safe exit from depot ; but only safe 
way for him to use for an exit: 76 Ga. 770. 

Ordinarily, before reaching flag-station not regular stop, conductor should 
notify passenger bound therefor ; whether not taking up ticket before station 
reached was conductor's or passenger's fault, for jury : 89 Ga. 16: 

Mistake of conductor as to station to which ticket read, is such negligence 
as renders railroad liable to expelled passenger: 86 Ga. 641. 

Illegal ejection of passenger entitled by contract to transportation, action- 
able per se; measure for jury : 73 Ga. 252. 

Rule requiring of conductors extraordinary diligence toward passengers, 
applies fully to suit for breach of contract to carry, by wrongful ejection from 
train : 73 Ga. 255, 257. 

Drunk and disorderly passenger properly expelled : 81 Ga. 485. Even if 
under excitement conductor's shooting at him was not entirely justifiable, 
company not liable : 81 Ga. 485. 

Conductor is policeman ; colored passenger should be protected from insult : 
89 Ga. 556. 

Railroad liable to passenger for insults and harsh treatment by brakeman : 

75 Ga. 51. 

Sneers, looks and contemptuous gestures not justify assault by conductor on 
passenger : 90 Ga. 24. 

Street-railroad company bound to use extraordinary diligence, and where 
passenger hurt presumption is against company : 76 Ga. 311. 

Measure of damages from failure to carry through : 70 Ga. 533. 

Passenger ejected from street-car, permitted to testify that she took same 
because she and child sick, and conductor so informed : 93 Ga. 457. Also, that 
where ejected there was no police protection for ladies, although not alleged 
in petition : 93 Ga. 457. 



§2267. Who a passenger. A carrier may demand prepayment of||2%- 
fare; but if, by its permission, persons enter its vehicle with the 
intention of being carried, an obligation to pay fare is implied on 
the part of the passenger, and the reciprocal liability of the carrier 
arises. 



504. 



§§2268-2273 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. 156 

Railroads as common carriers, and herein of other carriers. 

Conductor must take fare if tendered before passenger ejected ; if tendered 
after, conductor need not stop train and take him on : 68 Ga. 572. See 88 
Ga. 530. 

No agent at station, excuse for passenger being without ticket ; and charge 
over ticket rate, illegal: 83 Ga. 753. 

For other decisions cognate hereto, see preceding section ; also see sections 
2321, 2322, 2323. 

^pp S 427°' §2268. (3035.) Railroads must accommodate all alike, when. The 
$2269. different railroads in this State, acting as public carriers, are re- 
quired to furnish equal accommodations to all, without regard to 
race, color, or previous condition. Any railroad in this State 
violating the conditions of this section, by any of its employees, 
may be sued in the superior court of the county where the offense is 
committed, and any person so wronged may recover such sum as the 
discretion of the court thinks right and proper in the premises, not 
to exceed ten thousand dollars. 
■^j^ 890 " 1 ' §2269. Equal accommodations in separate cars. All railroads doing 
$2188. business in this State shall furnish equal accommodations, in sepa- 
~r 4d LeflC'* 2 ^® cars, or compartments of cars, for white and colored passengers; 
but this section shall not apply to sleeping-cars. 
t=> k> . §2270. Must assign passengers to their car. All conductors or other 

employees in charge of such cars shall be required to assign all 
passengers to their respective cars, or compartments of cars, pro- 
vided by the said companies under the provisions of the preceding 
section; and all conductors of dummy, electric and street cars, shall 
be required, and are hereby empowered, to assign all passengers to 
seats on the cars under their charge, so as to separate the white 
and colored races as much as practicable; and all conductors and 
other employees of railroads, and all conductors of dummy, electric 
and street cars shall have, and are hereby invested with, police 
powers to carry out said provisions. 

§2271. Penalty for remaining in car. Any passenger remaining in 
any car or compartment or seat, other than that to which he may 
have been assigned, shall be guilty of a misdemeanor. The con- 
ductor and any and all employees on such cars are clothed with 
power to eject from the train or car any passenger who refuses to 
remain in such car or compartment or seat as may be assigned 
to him. 

§2272. Where car divided into compartments. When a railroad-car 
is divided into compartments, the space set apart or provided for 
white and colored passengers, respectively, may be proportioned ac- 
cording to the proportion of usual and ordinary travel by each on 
the road or line on which said cars are used. 

§2273. White and colored passengers to occupy different cars. Officers 
or employees having charge of such railroad-cars shall not allow 



157 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. §§2274-2276 

Railroads as common carriers, and herein of other carriers. 

white and colored passengers to occupy the same car or compart- 
ment; and for a violation of this section, any such officer or employee 
shall be guilty of a misdemeanor. 

§2274. Not applicable to nurses. But these provisions shall not 
apply to nurses or servants in attendance on their employers. 

§2275. Seats, lights, etc. All companies operating and using com- 
partment cars or separate cars shall furnish to the passengers com- 
fortable seats, and have such cars well and sufficiently lighted and 
ventilated, and a failure to do so shall be a misdemeanor. 

§2276. (2068.) Effect of notice to limit. A common carrier can-$ 3554, 
not limit his legal liability by any notice given, either by publica- 
tion or by entry on receipts given or tickets sold. He may make an 
express contract, and will then be governed thereby. 

Cannot vary his responsibility by notice or special acceptance : 2 Ga. 349. 
Where no proper notice to owner of arrival of goods : 14 Ga. 278. As to limit- 
ing liability by special agreement: 19 Ga. 210. May limit liability by special 
contract, and as to usage as to: 21 Ga. 526. The marks on bales of cotton no 
evidence of contract : 25 Ga. 228. Cannot by special contract exempt them- 
selves from liability for losses arising from negligence : 28 Ga. 543 ; 38/43 ; 
34/315. What is meaning of special contract : 32 Ga. 404. Express company 
may make express contract with shipper outside of the receipt : 36 Ga. 532, 
635 ; 37/103. What was an express contract by which the shipper and carrier 
both were bound : 39 Ga. 617, 634. Where the fact as to whether there was 
an express contract limiting liability should have been left to the jury : 42 Ga. 
487. A letter did not constitute an express contract : 44 Ga. 278. Express 
contract signed by both parties, that the express company should not be liable 
for ''river risks" : 48 Ga. 85 ; 37/103. 

Excursion ticket to Jacksonville, required return portion signed by passen- 
ger at Jacksonville ; for failure to do this, special contract authorized ejection 
from train : 73 Ga. 356. 

As to provision in reduced rate return tickets, that passenger must sign 
return ticket in presence of railroad agent at destination, etc. : 93 Ga. 356. 

Company selling through coupon ticket, liable for whole trip, notwithstand- 
ing notice printed thereon limiting liability beyond its own line : 70 Ga. 533. 

Eailroad may stipulate in contract that its liability shall cease upon de- 
livery in good condition to connecting line or consignee : 80 Ga. 195. 

Limitation of liability in through bill lading, that carrier in whose custody 
damage occurred alone liable, not valid here: 75 Ga. 609, 610. 

Prior parol agreement to keep refrigerator-car iced, not vary bill lading 
signed by shipper before peaches shipped : 90 Ga. 496 ; 34 Ga. 315, distinguished. 

As to power by contract to limit liability for wrong delivery of freight: 
93 Ga. 803. 

Limitation in express receipt to $50.00, not binding unless expressly assented 
to, and not then as against negligence : 95 Ga. 452. 

General stipulation in bill lading not limit liability of carrier : 68 Ga. 350. 

Steamship stipulation against liability for damage from "bilge water," etc., 
valid : 76 Ga. 532. 

Carrier cannot by special contract exempt itself from liability for its own 
negligence : 93 Ga. 809. 

Though goods shipped at owner's risk, stipulation negativing liability for 
damage by weather and rust cannot excuse negligence ; though shipper agreed 



2277, 2278 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. 158 



Railroads as common carriers, and herein of other carriers. 



to transportation in open cars, ordinary diligence required covering them 
during detention en route: 81 Ga. 524. 

Express contract not protect common carrier from result of its own negli- 
gence in running trains : 68 Ga. 350. 

Stipulation in contract limiting liability not valid unless made for reduced 
rates of shipment: 91 Ga. 379. May contract, for a consideration, that not 
liable for damages to stock transported not accruing from running trains : 66 
Ga. 438. Contract, signed by shipper and railroad company, limiting liability 
for damage to stock, held reasonable and not contrary to public policy: 
66 Ga 485, 486. 

Telegraph company cannot limit by rules its liability for failure to transmit 
message properly, etc., and, if necessary, should repeat message: 68 Ga. 299; 
cannot limit damages to toll paid : 68 Ga. 300. Reasonable terms on back of 
telegram -blank, held binding on sender and sendee of messages: 92 Ga. 613. 
See also 85 Ga. 425, 428, 429. 

Liable for failure to care for stock carried past destination and detained 
for several days, although not responsible for attention, etc., under contract: 
68 Ga. 805. 

Stipulation in bill of lading requiring notice of damage within specified time, 
not effectual, unless shipper assented : 91 Ga. 382. 

Written conditions of contract of shipment, not relieve carrier, where not 
material : 86 Ga. 203. 

Under contract here, under which mules shipped, company not liable for 
lack of food and water in transit : 73 Ga. 722. 

^^gg 884 " 5 ' §2277. Injuries by common carriers, outside of corporate authority. In 
all cases where the person or property of an individual may be injured 
or property destroyed by any corporation engaged as a common car- 
rier in the transportation of freight or passengers, or both, either by 
land or water, such corporation shall be liable to pay damages to any 
one whose person or property may be so injured or destroyed, not- 
withstanding the fact that such corporation was acting without the 
scope of its charter, if such corporation would be liable for such 
damages if acting within its chartered powers and authority. 

Compare 74 Ga. 509. 

§2278. (2069.) Duty as to reception of goods, etc. A common car- 
rier, holding himself out to the public as such, is bound to receive 
all goods and passengers offered that he is able and accustomed to 
carry, upon compliance with such reasonable regulations as he may 
adopt for his own safety and the benefit of the public. 

Carrier not compelled to contract to carry goods beyond its own terminus : 
86 Ga. 251 ; see section 2302. 

Contracts to deliver goods to connecting line, in some instances, not compel 
such in all instances: 86 Ga. 251. 

Section cited, as to duty of common carriers of goods, especially of railroads, 
founded on common usage, independently of anti-monopoly Act of 1874: 
74 Ga. 685. 

Cord-wood piled along right of way, charge that railroad bound to furnish 
cars enough to haul ordinary business, inapplicable, declaration alleging fail- 
ure to carry after receiving: 82 Ga. 391, 392. Applicable, had action been for 
refusing to receive : 82 Ga. 391, 392. 



159 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. §2279 

Railroads as common carriers, and herein of other carriers. 

Rules ; mere private instructions to railroad's agents, not known to shipper, 
not affect him: 90 Ga. 695. 

One dollar per day per car demurrage, not unreasonable: 88 Ga. 563. 

Proper rule not invalidated because originated by an association : 88 Ga. 563. 

As to customer with notice, rule need not be on bill lading, no matter 
whether shipments be "order notify" or direct : 88 Ga. 563. 

Car is "accessible" if made so when wanted : 88 Ga. 563. 

Where station-agent of railroad was also, by special arrangement, operator 
for telegraph company, latter protected as well as bound, by railroad's office 
hours : 94 Ga. 444. 

Where passenger surrendered through ticket to, first conductor on demand, 
second conductor, knowing this, should disregard rule requiring ticket or fare, 
or expulsion : 88 Ga. 443. 

§2279. (2070.) Time of responsibility. The responsibility of the *§*»(*), 
carrier commences with the delivery of the goods, either to himself 
or his agent, or at the place where he is accustomed or agrees to re- 
ceive them. It ceases with their delivery at destination according to 
the direction of the person sending, or according to the custom of 
the trade. 

Stated : 25 Ga. 23 ; 68/627. 

Delivery to the carrier must be proved, to make him responsible: 12 Ga. 
217. Deposit of cotton at place agreed on constitutes good delivery : 19 Ga. 
145. Jury to determine under the facts what was a valid delivery : 19 Ga. 209. 
Delivery involves exclusive possession : 82 Ga. 386. Piling wood along right of 
way for future shipment, not delivery : 82 Ga. 386. Delivery on board cars 
was contemplated : 82 Ga. 386. Delivery to carrier not designated by con- 
signee does not amount to delivery to consignee : 20 Ga. 574. But where des- 
ignated : 30 Ga. 832. When delivery to railroad is not delivery to purchaser : 
30 Ga. 637. Goods lost, carrier responsible for their value at place of destina- 
tion, less freight : 26 Ga. 122. Responsibility of connecting road commences when 
car delivered to and received by it : 39 Ga. 636. Carrier's liability begins 
when and where he or his agent receives the goods : 36 Ga. 635. When to car- 
rier designated by consignee, delivery to him is delivery to consignee : 30 Ga. 
450; 82/440. What constitutes delivery where connecting carrier: 30 Ga. 798. 
Delivery at place of destination or to agent of owner or assignee is good deliv- 
ery, and as to value of goods : 37 Ga. 688. Where the liability as warehouseman 
continued : 53 Ga. 596. Chartered car, responsibility from delivery and burden 
of proof on carrier, where lost : 58 Ga. 393-396. Carrier's liability becomes 
without notice that of warehouseman, where arrive in time at destination : 
46 Ga. 433-437. In absence of usage as to giving notice of arrival of goods, 
carrier's liability changes to that of warehouseman when goods arrive and are 
stored : 88 Ga. 814. When acceptance of goods and payment of freight and 
charges of carrier, no waiver of damages : 55 Ga. 267. 

Not liable where goods delivered to consignees, or by their direction to 
somebody else, etc. : 69 Ga. 625. 

Extends only to goods embraced in contract : 77 Ga. 376. 

Liability to carry goods beyond terminus depends upon contract: 77 
Ga. 376. 

In absence of through contract, carrier only bound for delivery at terminus : 
86 Ga. 686. 

Liable for full value of goods where delivered to wrong person, etc., not- 
withstanding limitation in bill lading : 93 Ga. 803. 



2280, 2281 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. 160 



Railroads as common carriers, and herein of other carriers. 



Eailroad undertaking to store trunk in depot, responsible, as warehouse- 
man, for ordinary diligence: 86 Ga. 327. 

"When liability as common carrier ends, and liability as warehouseman 
begins, where delivery of baggage refused until morning and burned in night: 
93 Ga. 802. 

When watermelons arrived at railroad yards and consignee notified that 
subject to order, delivery complete, and freight due : 94 Ga. 507. 

If cars not accessible to consignee, he must first pay freight, and may then in- 
sist that they be made accessible : 94 Ga. 507. 

When liability as common carrier ceases and as warehouseman begins ; 
rules of liability : 95 Ga. 775. 

Telegraph company not liable here for failure to transmit, etc., message 
delivered to company's messenger-boy, not received at office: 92 Ga. 613. 

$2289. §2280. (2071.) For baggage. The carrier of passengers is respon- 

sible only for baggage placed in his custody, yet a passenger can- 
not relieve himself from liability for freight by assuming to take 
care of his own baggage. 

What is baggage, and responsible for loss of, unless caused by act of God, 
etc. : 12 Ga. 217. When money is not baggage, and paying fare carries the 
right to certain amount and character of baggage: 25 Ga. 61. 

Duty of sleeping-car company as to guarding valuables of sleeping passen- 
ger, and burden of proof in case of loss : 95 Ga. 810, 314. 

Duty and liability where valuables of sleeping passenger taken from her 
satchel: 92 Ga. 161. 

Passenger having through ticket, and baggage checked through, initial road 
and road delivering baggage both liable for damages : 68 Ga. 653. 

Liable to end of route on through check : 70 Ga. 533. 

Charged with ordinary care in transportation and storage for reasonable 
time thereafter : 75 Ga. 316. 

Must show how lost baggage got out of its custody ; general proof of vigi- 
lance not sufficient : 75 Ga. 316. 

Railroad undertaking to store trunk in depot, responsible as warehouseman, 
for ordinary diligence : 86 Ga. 327. 

Rule of liability where passenger demands baggage on reaching destination, 
is refused until morning, and baggage burned during night: 93 Ga. 801. 

A c C obb! 7 398. § 2281 - (2072.) Checks for baggage. It shall be the duty of the rail- 
Acts 1857, road companies to cause their conductors, agents, or employees, to be 
provided with checks, so as to check all trunks or separate baggage 
of passengers from station to station on their roads, when required; 
and it shall be the duty of the conductor of every passenger-train 
to cause, upon application to him, all trunks and baggage to be 
checked from any station to any point of destination on their road, 
or any road running under the control of the company of which he 
is conductor, under a penalty of fifty dollars for every failure to 
comply promptly with such requisition, to be recovered in the justice 
court of the district where the demand for check was made, out 
of the company upon whose conductor the demand was made. 

Responsible for tortious acts of conductor and servants in checking baggage 
of passenger: 58 Ga. 216-221. 



161 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. §§2282-2284 

Railroads as common carriers, and herein of other carriers. 

§2282. (2073.) For delay. The common carrier is bound not only A qH^ 7, S98 
for the safe transportation and delivery of goods, but also that the 
same be done without unreasonable delay. 

See also notes to section 2319. 

Must transport the cotton in reasonable time, and as to evidence of what is : 
32 Ga. 400, 405. When liable for delay : 44 Ga. 278 ; 58/180. Damages sought 
for not delivering in time a check sent by express : 60 Ga. 496, 497. 

Goods delivered to railroad company to be shipped by specified route, which 
ships by another, first road liable for delay and damages : 68 Ga. 623. 

Acceptance of portion of goods on arrival, not waiver of all claim for loss 
from delay : 68 Ga. 623. 

Responsibility of carrier under implied contract to deliver within reasonable 
time, and under contract to deliver within certain time: 91 Ga. 387. 

Bill lading silent as to time of delivery, law presumes reasonable time, 
and parol inadmissible to show time agreed upon : 91 Ga. 382. 

Road contracting to deliver at point on connecting line, liable for delay by 
latter: 77 Ga. 412. 

Connecting road not liable for delay in delivering goods, unless occurred on 
its line: 85 Ga. 497. 

Liable for failure to care for stock carried past its destination and detained 
several days, although not responsible for attention, etc., under the contract: 
68 Ga. 805. 

Where contract to carry melons via Savannah, stipulated to catch steamer 
sailing on stated date, and failed, shipment later was for benefit of railroad : 
81 Ga. 56. 

Carrier not liable for damages to goods, occasioned by no fault of it, while 
retained for payment of freight : 85 Ga. 343. 

Carrier negligent in delivering goods, afterwards destroyed by flood, liable: 
86 Ga. 203. 

Evidence showing meat damaged forwarded and delivered as promptly as 
possible under circumstances, nonsuit proper: 92 Ga. 539. 

Although melons unreasonably delayed, carrier not liable if melons would 
have been damaged anyway : 92 Ga. 705. 

It is enough if goods reach destination within usual time, in absence of 
special contract : 90 Ga. 85. 

Not obligatory upon telegraph company to transmit message immediately: 
94 Ga. 445. 

Carrier bound only to ordinary and reasonable diligence : 90 Ga. 811. 

82283. Strikes as excuses to carrier. Where a carrier receives j£ £ a - ££• 

° 91 Ga. 394. 

freight for shipment, it is bound to forward within a reasonable 
time, although its employees strike or cease to work; but if the 
strike is accompanied with violence and intimidation so as to render 
it unsafe to forward the freight, the carrier is relieved as to liability 
for delay in delivering the freight, if the violence and armed resist- 
ance is of such character as could not be overcome by the carrier or 
controlled by the civil authorities when called upon by it. 

§2284. (2074.) Stoppage in transitu. A stoppage in transitu by^ 3652 - 
the vendor or consignor relieves the carrier from his obligation to 
deliver, nor is he thenceforward responsible for more than ordinary 
diligence in the care of the goods. 

11 



§§2285-2287 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. 162 

Railroads as common carriers, and herein of other carriers. 

$3553. §2285. (2075.) When it exists. The right of stoppage in transitu 

exists whenever the vendor in a sale on credit seeks to resume the 
possession of goods while they are in the hands of a carrier or middle- 
man, in their transit to the vendee or consignee, on his becoming 
insolvent. It continues until the vendee obtains actual possession 
of the goods. 

See notes to section 3553. 

Right of stoppage in transitu, superior to lien of attachment against vendee : 
54 Ga. 533. 

Right not abridged by consignee's setting goods aside to carrier, for freight, 
etc. : 65 Ga. 705. 

If bill of lading not duly assigned, right not defeated by bona fide sale not 
accompanied by actual taking possession : 88 Ga. 502. 

§2286. (2076.) Estoppel on carrier. The carrier cannot dispute the 
title of the person delivering the goods to him, by setting up adverse 
title in himself, or a title in third persons, which is not being en- 
forced against him. 

Section cited and construed : 39 Ga. 617-630. 

Where, however, carrier sets up no adverse claim, but borrowed goods are 
destroyed in transit, carrier may show that plaintiff is mere borrower, and 
therefore not entitled to recover : 73 Ga. 472. 

As to carrier's right to purchase from vendee, and dispute vendor's right: 
65 Ga. 705. 

BJiio.' §2287. (2077.) Lien. The carrier has a lien on the goods for the 
freight, and may retain possession until it is paid, unless this right 
is waived by special contract or actual delivery. This lien exists 
only when the carrier has complied with his contract as to transpor- 
tation. He can recover pro rata for the actual distance transported 
when the consignee voluntarily receives the goods at an intermediate 
point. 

Has a lien for freight unless waived, and can detain goods to satisfy it: 12 
Ga. 566. Goods damaged during such detention, carrier not liable: 85 Ga. 
343. Baggage can be retained for dues to the carrier on the article : 25 Ga. 62. 
Does not exist where the contract is void : 25 Ga, 704. 

Refusing to deliver, when not entitled to lien, trover lies : 72 Ga. 655. 

Last carrier has lien for freight on goods ordered shipped over another road, 
only where without notice of mistake : 72 Ga. 655. 

Bill lading not showing same, last carrier not bound by secret contract with 
first carrier, as to reduced rates : 85 Ga. 343. 

Where by mistake. rate charged less than interstate-commerce act allowed, 
carrier could correct same on discovery and enforce lien for full rate: 94 
Ga. 775. Compare 96 Ga. 665. 

Carrier may retain any one of several consignments shipped under single 
contract of sale, to secure his lien : 94 Ga. 636. 

Freight due when watermelons arrived at railroad yards and consignee 
notified that they were subject to order : 94 Ga. 507. 

If cars inaccessible to consignee's teams, must first pay freight, and may 
then insist that they be made accessible promptly : 94 Ga. 507. 



163 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. §§2288-2298 

Railroads as common carriers, and herein of other carriers. 

§2288. (2081.) Limit as to value of baggage. A carrier of passengers 
may limit the value of the baggage to be taken for the fare paid; in 
case of loss, however, and though no extra freight has been demanded 
or paid, the carrier is responsible for the value of the baggage lost: 
Provided, the same be only such articles as a traveler for business or 
pleasure would carry for his or her own use. 

See notes to section 2280. 

What is the baggage a carrier is liable for: 12 Ga. 217, 218. Money, except 
for payment of expenses, not embraced in baggage: 25 Ga. 64. 

§2289. (2079.) On baggage. The carrier of passengers has a lien $ 2787 (11) * 
on the baggage, not only for its freight, but for the passenger's fare. 

"Whatever is carried in passenger-car can be retained for dues for passage 
or freight: 25 Ga. 62. Lien on trunk as baggage for passenger fare: 51 
Ga. 312. 

§2290. (2080.) Fraud on carrier. The carrier may require the na- 
ture and value of the goods delivered to him to be made known, and 
any fraudulent acts, sayings, or concealment by his customers will 
release him from liability. 

Fraudulent acts or sayings : 2 Ga. 349. May require value of goods deliv- 
ered to be made known, and released by fraudulent acts or sayings: 37 Ga. 
688. Had a right to know the value of a trunk delivered to them : 45 Ga. 309. 

Representations of shipper that boxes contained household goods, carrier 
not liable for loss of jewelry and wearing apparel therein, though liable for 
household goods : 80 Ga. 522. 

Limitation of liability in express receipt, to $50.00, not authorize recovery of 
so much, if facts within this section : 95 Ga. 452. 

§2291. (1463.) Gunpowder must be marked. All owners, agents or 
others who have any gunpowder, more than five pounds, or dyna- 
mite or other dangerous explosive, transported upon water, railroad 
or otherwise, shall have the word "Gunpowder," "Dynamite" or 
other name of the explosive marked upon each package so trans- 
ported, in large letters. 

§2292. (1464.) Penalty for transporting contrary to law . Gunpowder, 
dynamite or other dangerous explosive transported in violation of 
said provision shall be liable to seizure and forfeiture by any officer 
who may execute a criminal warrant, under warrant for that pur- 
pose, issued by any officer who may issue such first-named warrants, 
one half of the same to go to the informer, the other half to go to 
the military fund of the State, after public sale by order of the 
officer issuing the warrant, or one of like power. 

§2293. (2078.) Freight lists, how made out. All freight bills or Actsi855-6, 
freight lists charged against, or to be collected out of any person for$ 2279 - 
whom a railroad shall carry freight, in this State, shall contain the 
items of freight charged in said bills, or freight lists, by some certain 
and specific description, before they shall be collectible. 



§§ 2294-2296 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. * 164 

Railroads as common carriers, and herein of other carriers. 

"Where "cotton samples" were not mentioned in the freight lists, the 
shipper was liable to pay the customary rates thereon : 16 Ga. 558. 

$3554. §2294. (1627.) Oioners of boats may grant bills of lading, etc. It 

shall be the duty of all owners or agents of boats employed in the 
navigation of the navigable waters of this State, to grant to each 
and every boat, respectively, previously to its departure from the 
wharf or landing, a certificate or bill of lading, showing its destina- 
tion, contents, and the name of its captain or patroon and consignee, 
which certificate or bill of lading shall at all times be subject to the 
examination of any person requiring the same. 

As to what the terms of a bill of lading amount to in reference to the 
receipt of goods in good order: 56 Ga. 498, 501. Bills of lading, although 
transferable, have not all the attributes of negotiable paper: 57 Ga. 410,411; 
81/792. 

§2295. (1628.) Failing to grant bill, etc. Any such owner or agent 
neglecting or refusing to furnish certificate or bill of lading, and 
any such captain or patroon refusing to exhibit the same on demand 
as aforesaid, may be severally indicted, and for every offense be 
fined in a sum not exceeding fifty dollars, one half the penalty in 
such case to go to the informer, and the other half to the use of the 
county where such conviction takes place. 
$2267. §22^6. (2082.) What passengers may be refused. Carriers of passen- 

gers may refuse to admit, or may eject from their conveyances, all 
persons refusing to comply with reasonable regulations, or guilty of 
improper conduct, or of bad, dissolute, doubtful, or suspicious char- 
acters; so they may refuse to convey persons seeking to interfere 
with their own business or interest. 

Although conductor may put passenger off train for disorderly conduct, yet 
railroad liable for conductor's wrongful conduct to : 58 Ga. 220. Fighting on 
a street-car: 61 Ga. 215-217. 

Drunk and disorderly passenger properly expelled : 81 Ga. 485. 

Even if, under excitement in dealing with him, conductor's shooting at 
dangerous passenger was not entirely justifiable, company not liable: 81 
Ga. 485. 

Conductor is policeman ; colored passenger should be protected from insult: 
89 Ga. 556. 

Passenger need not wait to be put off by force, to be entitled to redress, if 
he yields to peremptory command of conductor : 86 Ga. 641. 

Passenger is under no obligation to purchase exemption from threatened 
expulsion, by paying additional fare: 86 Ga. 641. 

Mistake of conductor as to station, to which ticket read, is such negligence 
as renders railroad liable to expelled passenger: 86 Ga. 641. 

Passenger ejected because ticket wrong and fault with ticket-agent, rail- 
road liable: 86 Ga. 744. 

Passenger not bound to examine ticket purchased from agent, to ascertain 
whether reads to proper destination : 86 Ga. 744. 

Passenger has right to rely upon statement of conductor as to what are 
rules of railroad : 86 Ga. 434. 



165 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 6. §2297 

Railroads as common carriers, and herein of other carriers. 

Passenger failing to purchase ticket because office closed, cannot be put off 
for refusing to pay extra fare : 86 Ga. 434. 

§2297. (2083. ) Liability of railroad companies to employees. Railroad A ° ^g 855 " 6 ' 
companies are common carriers, and liable as such. As such com- ^|o3o 4 '232o°' 
panies necessarily have many employees who cannot possibly control 2323 - 
those who should exercise care and diligence in the running of trains, 
such companies shall be liable to such employees as to passengers 
for injuries arising from the want of such care and diligence. 

See notes to sections in margin. 

Widow of engineer of railroad suing for homicide of her husband : 52 Ga. 
411. Duty of, as to the precaution of railroad companies to be observed to- 
wards their employees' safety, citing this section : 63 Ga. 181. Negligence of 
one employee of, toward another employee of railroad, causing damage, rail- 
road responsible : 54 Ga. 509-512. Employee suing railroad for injury from 
defective hand-car : 58 Ga. 486. No recovery against the company where em- 
ployee knowingly uses defective machinery : 55 Ga. 133. Not running a train 
according to its published schedule : 58 Ga. 180. Receivers running a railroad 
were not liable for injury by one employee to another: 55 Ga. 481. One em- 
ployee free from fault may recover from company for negligence of coem- 
ployee in same service : 56 Ga. 196. Suit by employee against railroad company 
for damages while coupling cars: 58 Ga. 109. Section cited, and as to con- 
tributory negligence: 53 Ga. 12. Are responsible although others may be 
using their franchise : 49 Ga. 355. 

Company owning track liable for negligence of another company using 
track by permission : 90 Ga. 203. 

Statute excepting railroad from general non-liability of master for negli- 
gence of fellow-servant, not unconstitutional as denying equal protection of 
law: 90 Ga. 571. 

Employee must prove either that he was free from fault, or that fellow- 
servants negligent: 66 Ga. 558; 69/347, 620. 

Must show his own diligence, or company's negligence, before presumption 
against latter: 77 Ga. 238. 

Absence of negligence on employee's part and negligence by company in 
doubt, case should go to jury: 69 Ga. 619. 

"One of those unfortunate occurrences incident to a business of this kind" : 
90 Ga. 495. 

Injury to machinist from defective chisel was a risk incident to employment ; 
no recovery : 88 Ga. 1. 

Slight negligence will defeat employee's recovery ; no presumption against 
company until plaintiff shows himself without fault : 95 Ga. 302. 

Boy over fourteen asking position as brakeman, company cannot presume 
that he knew the dangers and needed no instructions : 94 Ga. 107. Whether 
such instructions should have been given is question for jury : 94 Ga. 107. 

Employee acts at his own risk, in working with full knowledge of insuffi- 
cient appliances : 85 Ga. 592. Or insufficient supply of hands : 92 Ga. 77. Or 
in obeying manifestly dangerous order of superior: 85 Ga. 197. 

Eailroad company should furnish safe tools, etc., but employee knowingly 
using defective tools, even under command, cannot recover for injuries: 
68 Ga. 699. 

Using a hand-car with knowledge of dangerous defect, cannot recover, 
though ordered by a superior to use it : 70 Ga. 566. 



12298 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. 166 

Connecting roads; receipt and delivery of freight, etc. 

Railroad is a guarantor to employee that machinery, appliances, etc., are 
safe : 70 Ga. 674. 

Construction-hand, riding on train, is coemployee with engineer and his 
boss, and subject to reasonable orders of boss : 80 Ga. 427. 

If he contributed in any way to his death, widow could not recover, and bur- 
den on her to show defendant in fault : 80 Ga. 427. 

If employee killed while in disobedience of rule of company or order of 
superior, his wife cannot recover unless it appear that disobedience did not 
contribute to injury : 80 Ga. 427. 

Employee entitled to recover on showing injury and company's negligence, 
where no evidence to contrary : 80 Ga. 519. 

Employee on gravel-train not entitled to recover for injury from being 
thrown off by jerking of train, such jerking being incident to the service : 
80 Ga. 749. 

As to whether employee's widow suing for his homicide by coemployee, 
must show that homicide was criminal : 66 Ga. 145 ; 67/761 ; 70/434 ; 75/718. 

Fellow-servant is one employed about same work as one injured: 77 
Ga. 203. 

Who are fellow-servants : 80 Ga. 427 ; 83/343 ; 77/214 ; 75/718 ; 93/53. 

Rules of railroad governing employees not promulgated, not binding: 
84 Ga. 420. 

Printed rule against coupling except with stick, or going between cars to 
couple, etc., not applicable here: 92 Ga. 77, 493. 

Liability for not having safe ways of ingress and egress to freight-depot, 
same as that of private person : 72 Ga. 742. 

First sentence of section applied : 76 Ga. 597. 

Section not applicable to defendant employing locomotive, if not railroad 
company : 93 Ga. 53, 57. 

Company liable, whether injury connected with running of trains, or not: 
90 Ga. 571, citing 54 Ga. 509; 73/499; 86/320; and whether employment and 
injury immediately connected with running trains, or not: 95 Ga. 301. 

Ordinary diligence the rule of conduct from employee to railroad, and vice 
versa: 92 Ga. 77. 

Employee must either show himself free from negligence or company negli- 
gent ; whereupon company, to prevail, must show what: 80 Ga. 521; 85/473; 
95/685. 



CONNECTING ROADS; RECEIPT AND DELIVERY OF FREIGHT, ETC. 

$2817. §2298. (2084.) When there are several. When there are several 

connecting railroads under different companies, and the goods are 
intended to be transported over more than one railroad, each com- 
pany shall be responsible only to its own terminus and until delivery 
to the connecting road; the last company which has received the 
goods as "in good order" shall be responsible to the consignee for 
any damage, open or concealed, done to the goods, and such com- 
panies shall settle among themselves the question of ultimate 
liability. 



167 SECOND TITLE.— CHAP. 2, ART. 6. SEC. 7. §2298 

Connecting roads ; receipt and delivery of freight, etc. 

What is good delivery by one connecting carrier to another : 30 Ga. 798 ; 
25/228, 233. The carrier may, by contract and receipt, be liable for goods 
beyond the terminus of his line : 38 Ga. 519-527. Reception of goods and pay- 
ment of freight by consignee is no waiver of damages against carrier : 55 Ga. 
267. Last connecting road must show that hogs not suffocated on their train : 
53 Ga. 385. When last road liable unless can show goods not received in good 
order : 56 Ga. 498-501. First company responsible under the receipt : 38 Ga. 37. 
Second connecting railroad not responsible until car delivered to and received 
by them : 39 Ga. 636. The rule as to connecting roads referred to and dis- 
cussed : 42 Ga. 642. A mere receipt for goods beyond its terminus does not 
bind receipting road for whole distance : 44 Ga. 285. Section cited and con- 
strued, custom: 40 Ga. 419. Passenger with through ticket and baggage 
checked through can recover from first railroad company, where loss : 62 Ga. 
347. Last railroad may show goods, although in apparent good order, were 
damaged when shipped : 57 Ga. 336. 

This section merely declaratory of the old rule of liability, and gives con- 
signee cumulative remedy : 76 Ga. 597. 

Unless suit is under this section, recovery based in theory hereon, improper. 
79 Ga. 607. What declaration should contain : 79 Ga. 607. 

In absence of allegation that defendant received goods "as in good order," 
common law governed : 81 Ga. 523 ; and defense could show that damage oc- 
curred on other roads : 81 Ga. 523 ; and entitled to all benefits and exceptions 
in through contract of first carrier, although contract not good under Georgia 
law, being valid where made : 81 Ga. 523. 

Amendment that goods received "as in good order," changed case from 
common law suit to declaration under section 2298, thus adding new cause of 
action : 83 Ga. 441. 

Plaintiff admitting damage occurred before property reached defendant, 
nonsuit proper : 83 Ga. 441. 

Although last road not part of through line, receipt of goods without excep- 
tion renders that road liable for damages : 68 Ga. 350. 

Last road receiving goods "as in good order," liable to consignee for 
damages : 68 Ga. 350. 

Connecting road not liable for delay in delivering goods, unless occurred on 
its line : 85 Ga. 497. 

This section applicable to liability for damage to goods, not delay in deliver- 
ing them : 85 Ga. 497. 

Last road not liable for delay, here : 95 Ga. 775. 

Railroad receiving goods from connecting line, presumed "as in good 
order" ; section applicable whether goods transported in original car or under 
original bill lading or not : 66 Ga. 252 ; 91/115. 

Bill lading not necessary to plaintiff's case, suing last road receiving goods 
"as in good order" : 91 Ga. 115. 

Bill lading held receipt "as in good order," presumed next road received "as 
in good order," etc. ; how presumption overcome ; sufficient proof, road one of 
connecting line : 92 Ga. 699. 

Baggage checked through initial road and road delivering baggage, both lia- 
ble for damages : 68 Ga. 653 ; 73/532. 

Case set out against road as last of connecting lines, not demurrable 
because road leased by another company which made original contract: 67 
Ga. 212. 

Action lies against road inflicting injury, though contract with first road, 
which controlled and operated the other: 71 Ga. 61. 



§2299 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. 168 

Connecting roads; receipt and delivery of freight, etc. 

Road shifting freight gratis, from depot at destination to suburban factory, 
did not thereby become liable as "last company," etc. : 81 Ga. 523. 

Evidence here sufficiently connected defendant railroad with shipment : 91 
Ga. 115. 

Not bound under receipt, as explained, to deliver goods beyond terminus: 
77 Ga. 376. 

Railroad not being bound to ship beyond terminus, may limit its liability to 
its own line : 90 Ga. 500 ; 80/195 ; 86/253. 

On "through contract," Atlanta to Dallas, Texas, initial company was bound 
for full performance : 81 Ga. 602. 

In action on through bill of lading, receipt in good order must be shown : 
88 Ga. 426, 427. 

Bills of lading here were through contracts from Georgia to New York, 
etc., and railroad responsible for safe shipment to destination: 91 Ga. 382; 
see also 75 Ga. 609 ; 76/597. 

"62.20" in bill lading for fruit shipped from Georgia to Ohio, shown to be 
entire freight and prorated among the railroads ; whether through contract, 
for jury : 91 Ga. 389. 

Liability, if not limited, includes delivery at destination in reasonable time : 
91 Ga. 389. 

Limitation of initial company's liability per hundredweight in consider- 
ation of reduced rate, inured to last, only when : 94 Ga. 471. 

Goods delivered to railroad to be shipped by specified route which ships by 
another, first road liable for delay and damage : 68 Ga. 623. 

Carrier knowingly taking goods ordered shipped over another line, earns no 
freight. _ Its knowledge, for jury: 72 Ga. 655. 

Carrier receiving goods to be shipped over successive lines, is forwarding 
agent of owner : 72 Ga. 655. 

Acceptance of portion of goods on arrival, not waiver of all claims for loss 
from delay : 68 Ga. 623. 

One railroad not responsible for loss occurring on another ; here doubtful 
whether road sued received goods sued for : 69 Ga. 622. 

Delivery in same apparent good order as when received, not sufficient: 75 
Ga. 412. 

Presumption against road, here : 75 Ga. 412. 

Where goods shipped by steamer and connecting railroad, items of damage 
by water and for loss of goods are severable : 76 Ga. 532. 

Railroad not liable for damage to goods on connecting boat where boat com- 
pany not liable : 76 Ga. 532. 

Bill lading not showing same, last carrier not bound by secret contract with 
first carrier as to reduced rates : 85 Ga. 343 ; 96/665. 

A p C i5B 8901 ' §2299. Railroads must sell tickets of connecting roads. No railroad 
company having an office or agency within the State of Georgia shall 
refuse to put on sale, or refuse to sell, any ticket of any other rail- 
road company, with which the same may he directly or indirectly 
connected, at the price or rate fixed by the railroad commission of 
this State, for passage over lines of such connecting roads, less such 
amount as may be directed to be deducted from such rate by any one 
or more of said connecting lines; and it shall be unlawful, after the 
sale of such ticket, to refuse to issue checks for baggage over such 
connecting lines, to the extent that the baggage may be allowed to 



169 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. §§2300-2303 

Connecting roads; receipt and delivery of freight, etc. 

be checked under the ordinary rules and regulations of said com- 
panies. 

§2300. Must sell to connecting roads. No railroad company opera t- Acts 1890-1, 
ing or doing business wholly or partly within this State shall refuse 
to put on sale with the agents of any other railroad company, where- 
with it may be directly or indirectly connected, tickets for any point 
upon its lines of road, or refuse to receive such tickets for passage 
over its lines, or refuse to receive and transport baggage which may 
be checked upon said ticket so sold. Any company, so placing its 
tickets upon sale, may demand reasonable security, to secure the 
price of such tickets so placed on sale, and may demand, from time 
to time, such renewals of deposits, or other security, as will protect 
it from any loss from the sale of such tickets. 

§2301. Penalty. For every violation of any of the provisions of 
the two preceding sections, the railroad company shall be subject to 
a penalty of one thousand dollars, which may be recovered in any 
superior or city court of the county in which such violation may 
occur. Suit may be brought by the railroad company whose road 
may be discriminated against, or by the person offering to buy a ticket 
over such road; and such penalty may be recovered by each of said 
parties, and the recovery by one shall not be a bar to recovery by the 
other. 

§2302. Connecting railroads to receive freights tendered in cars. All Acts^i882-3, 
railroad companies in this State, at the terminus or any intermediate 
point, shall receive from the connecting road having the same gauge 
all cars containing freight consigned to any point on the road to which 
the same is offered, and shall transport the cars to their destination 
with reasonable diligence; and any failure or refusal to comply with 
this requirement shall give to the consignee, shipper or owner of said 
goods and freight a right of action against the company so refusing, 
and the damages received in such action shall not be less than ten per 
cent, nor more than twenty-five per cent, of the value of the goods 
so refused to be received. 

Road not bound to make through contract : 86 Ga. 253 ; 80/195 ; 90/500. 

§2303. (2084 a.) Undelivered goods may be sold, when. Whenever Actsi878-9, 
any person, natural or artificial, exercising the right of transporta- $ 2287 - 
tion for hire in this State, shall transport to the place designated for 
its delivery any property, and the same cannot be delivered accord- 
ing to the terms upon which said carrier has agreed to carry it, within 
six months from and after the time of arrival of such property at 
the place of delivery, then and in that case it shall be lawful for 
such carrier to sell for cash said property at public auction at such 
place as may be designated by such carrier, after having duly adver- 
tised the time, place and terms of sale once a week for four weeks 



§§2304-2308 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. 170 

Connecting roads ; receipt and delivery of freight, etc. 



in some newspaper published, or having a general circulation, in the 
county wherein such sale is proposed to be made; and the proceeds 
of sale shall be applied in the first place to the payment of all 
charges of carriage due to such carrier, together with all expenses 
incident to such sale, and the advertisement thereof; and then the 
residue, if any, of the proceeds be deposited in some convenient State 
or national bank, located in this State, to be selected by the carrier. 

A ?i77 878 " 9 ' § 23 04. (2084b.) Live stock, etc., how sold. Whenever the property 

$2313. so transported and not delivered is live freight, the same may be 
sold as hereinbefore provided, on five days notice; and whenever 
the property is fruit, vegetables, fresh meat, or other articles of an 
immediately perishable nature, the same may be sold as hereinbe- 
fore provided, on twenty-four hours notice. In any case provided 
for by this section, the carrier will give the notice in such manner 
as the carrier, in the exercise of good faith, and with a view to 
making the best sale, shall determine; but in every such case, notice 
in a newspaper circulating or published at the place of sale, or per- 
sonal notice to either the consignor or consignee of such freight, for 
the time for which such notice is required to be given, shall be 
deemed and held sufficient. 

AotjjttTW, §2305. (2084 c.) Deposit of proceeds. Upon the deposit in bank of 
the net proceeds of sale, the entry of such deposit shall show the 
names of both consignor and consignee, and the deposit shall not be 
drawn out except by the consent of both, or on the judgment or 
order of a court having jurisdiction in the premises. 

Act 1 s 7 1 7 878 - 9 ' §2306. (2084 d.) Carrier relieved, when. On compliance with the 
provisions of the three preceding sections, such carriers shall be 
relieved from all liability as to the safe-keeping of such freight 
after transportation, and also as to the proceeds of sale. 

Actsi88<j, §2307. To prevent unjust discrimination. If any person, or any 

p.c.§682. officer or agent of any company or corporation, by payment of 
money or other thing of value, solicitation, or otherwise, induce 
any common carrier of freight within this State, or any of its 
officers or agents, to discriminate unjustly in his, its or their favor, 
as against any other consignor or consignee in the transportation of 
property from and to points in this State, or shall aid or abet any 
common carrier in any such unjust discrimination, such person or 
such officer or agent of such corporation or company shall be deemed 
guilty of a misdemeanor; and such person, corporation or company 
shall also, together with said common carrier, bo liable jointly or 
severally in an action on the case to be brought by any consignor or 
consignee discriminated against, in any court of competent jurisdic- 
tion, for all damages caused by or resulting therefrom. 

Act rt4 889 ' §2308. Facilities for weighing freight furnished by transportation com- 
pany. Every railroad or transportation company in this State shall 



171 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. §§2809-2813 

Connecting roads ; receipt and delivery of freight, etc. 

furnish suitable and adequate facilities for correctly weighing all 
freight offered for shipment in car-load lots in this State at points 
where the volume of business offered is sufficient to warrant the 
expense; and if any officer or agent of a railroad or transportation 
company, or person acting for or employed by such railroad or 
transportation company shall, by reason of overweights or false 
billing, cause such railroad or transportation company to charge on 
any shipment for more than the actual weight of such shipment, 
the said railroad or transportation company shall be liable to the 
owner of such shipment in damages for an amount equal to twice 
the charges on the excess weight so charged. 

§2309. Sworn weighers to weigh freight. Whenever any railroad ^f 1 ^ 882 " 3 ' 
company in this State shall weigh any cars loaded with freight to 
be shipped and charged for by the car-load, such weighing shall be 
done by a sworn weigher, as provided for the weighing of cotton, 
rice, and other produce. 

§2310. Cars to be uncoupled. When such cars are weighed singly, 
they shall be uncoupled at both ends and weighed one at a time. 

§2311. Lumber cars weighed three together. When any railroad com- 
pany shall transport timber, lumber, or other like articles of freight, 
which, from length, laps over from one car to another, such com- 
pany may cause as many as two or three of such cars so loaded to 
be weighed together, after uncoupling them at both ends from other 
cars, and in all such instances the aggregate weight of the freight 
upon said two or three cars shall be averaged so that each of the 
cars shall be charged with an equal amount of the total weight, and 
the shipper be made to pay freight as if each of the cars so weighed 
together did actually contain an equal portion of the whole load: 
Provided, that in such cases the shipper shall not pay less than the 
amount of freight due on full car-loads. 

§2312. Penalty. Any railroad company failing to comply with 
any of the provisions of the three preceding sections shall be held 
liable in an action for damages to be brought in the county where 
such weighing is done, at the instance of any person aggrieved, and 
the recovery shall be in a sum not less than one hundred dollars, 
nor more than two hundred dollars for each offense. 

§2313. To receive live stock. All common carriers of this State shall ^fe? 90 " 1 ' 
receive for transportation all live stock of every description and ® 2304 » 283L 
domestic animals, when tendered for shipment by the consignor, 
without enforcing or requiring said consignor to contract for a 
liability less than the actual value of such animals in case of loss or 
injury to the same, resulting from the negligence of said common 
carrier, its agents or employees. Common carriers shall not be 
required to receive for shipment animals diseased, or physically 
disabled. 



§§2314-2319 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. 172 

Connecting roads ; receipt and delivery of freight, etc. 

§2314. Contracts in violation of preceding, void. All stipulations in 
contracts of shipment hereafter made, which limit the liability of 
common carriers in violation of the preceding section, shall be void 
and of no effect unless the shipper shall voluntarily assent to said 
stipulations. 

§2315. Penalty for refusing to receive stock. When any common 
carrier refuses to receive live stock and domestic animals, such car- 
rier shall be liable to the owner for all damages accruing from the 
refusal to receive said stock or domestic animals for shipment. 
p Ct i36? 9 §2316. Railroads to make prompt settlements for overcharges. In all 
cases where any railroad or other common carrier shall demand 
and receive for goods shipped from within or without this State to 
any point in this State, any overcharge or excess of freight over and 
beyond the proper or contract rate of freight, and a demand in 
writing for the return or repayment of such overcharge is made by 
the person paying the same, said railroad or common carrier shall 
refund said overcharge within thirty days from said demand; and if 
said common carrier shall fail or refuse to settle within thirty days, 
or within said time to refund said overcharge or overpayment, then 
said railroad or common carrier shall be liable to said person mak- 
ing the overpayment in an amount double the amount of the over- 
payment, to be recovered in any court having jurisdiction of the 
same, and more than one claim for such excess may be joined in 
the same suit. 

A f t i56 89 ° X ' §2317. Carriers must trace freight. When any freight that has 
$2298. been shipped, to be conveyed by two or more common carriers to its 
destination, where, under the contract of shipment or by law, the 
responsibility of each or either shall cease upon delivery to the next 
"in good order," has been lost, damaged or destroyed, it shall be 
the duty of the initial or any connecting carrier, upon application 
by the shipper, consignee or their assigns, within thirty days after 
application, to trace said freight and inform said applicant, in writ- 
ing, when, where, how and by which carrier said freight was lost, 
damaged or destroyed, and the names of the parties and their official 
position, if any, by whom the truth of facts set out in said informa- 
tion can be established. 

§2318. Penalty for failing to trace. If the carrier to which applica- 
tion is made shall fail to trace said freight and give said informa- 
tion, in writing, within the time prescribed, then said carrier shall 
be liable for the value of the freight lost, damaged or destroyed, in 
the same manner and to the same extent as if said loss, damage or 
destruction occurred on its line. 
75Ga.745. §2311). Damages for delay. Where a carrier fails to deliver goods 
85 en! hit', iii a reasonable time, the measure of damages is the difference be- 



173 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. §2319 

Connecting roads; receipt and delivery of freight, etc. 

tween the market value at the time and place they should have been 
delivered and the time of actual delivery. 

Usual and reasonable time of transit should appear: 81 Ga. 602; jury to 
judge thereof : 75 Ga. 745. 

Accepting part of goods on arrival not waiver of all claim, for loss from 
delay : 68 Ga. 623. 

See notes to section 2282. 

General Notes on Common Carriers. 

Notes comprised in Code of 1882 : 

Agent, railroad companies not liable for declarations of, and employees, in 
case of damages: 34 Ga. 330. Of conductor, how accident occurred, not al- 
lowed: 62 Ga. 339, 340. Sayings of engineer, when not admissible: 66 Ga. 57. 
Only sayings admissible spoken concerning principal's work, while doing the 
work: 29 Ga. 461; 28/93; 26/112; 56/498; 34/337. Beating passenger by, lia- 
bility of carrier for : 60 Ga. 282. When does not excuse conversion : 48 Ga. 94. 

Act of God, what is : 25 Ga. 24-26 ; 2/349 ; 50/511. A flood : 42 Ga. 443. Ex- 
cuses : 37 Ga. 103 ; 36/635. 

Baggage, liable for loss of, unless caused by act of God or the public enemy : 
12 Ga 217 ; 2/349. Is baggage the subject of garnishment ? 60 Ga. 300. What 
is: 12 Ga. 217; 25/61,62. 

Burden of proof on carrier to show no negligence, in case of special exemp- 
tion in contract : 28 Ga. 550 ; 34/315. Is on carrier to show such facts as will 
relieve him from liability for goods lost : 36 Ga. 635. On railroad delivering, 
to show that suffocation of hogs occurred on road from which it received them, 
otherwise liable : 53 Ga. 383. Must show that damaged goods were not in 
good condition when received, to exempt from liability : 48 Ga. 533. To show 
that loss not by their negligence : 58 Ga. 393-396. • 

Charter of car ; railroad hiring or chartering a car to shippers, not liable as 
common carrier for damages to goods in it : 27 Ga. 535. 

Common carrier, definition of: 2 Ga. 349. 

Connecting road, liability of, for cotton burnt on car does not commence 
until delivery and receiving of through car containing it : 39 Ga. 636. As to 
delivery to and acceptance by : 30 Ga. 798. Bailroad receiving freight directed 
to a point beyond terminus, bound to deliver to proper custody: 25 Ga. 228. 
May show that goods apparently in good condition were damaged before ship- 
ment, although receiving road receipted for them in good order: 57 Ga. 336. 
See note to section 2298. 

Consignee, delivery to carrier for, is delivery to him : 30 Ga. 450. But not 
to third person to whom goods were not consigned : 58 Ga. 574. As to right of 
consignor to sue : 32 Ga. 400. As to right of consignee to sue : 48 Ga. 533 ; 
12/576. 

Contract, violated by carrier taking more bales of cotton than ordered: 21 
Ga. 526. Special, may be shown by parol between consignor and carrier, not- 
withstanding receipt given by carrier's clerk : 34 Ga. 315. Effect of contract 
that goods sent at shipper's risk : 42 Ga. 486. 

Conversion, receiving goods from one not authorized to deliver is, and car- 
rier may be sued in trover: 48 Ga. 85. If carrier deviates from regular route 
and goods are lost, it is: 26 Ga. 617. To warehouseman for consignee's use, is 
not, at least until demand : 14 Ga. 277-285. 

Custom of connecting roads as to responsibility for freight, good between 
them, but not binding on owner: 40 Ga. 419. May prove custom of, on a 
river: 28 Ga. 543. Knowledge presumed in shipper of: 28 Ga. 543. 



2319 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 7. 174 

Connecting roads; receipt and delivery of freight, etc. 

Damaged goods, consignee cannot abandon, and thereby discharge shipper 
from liability for freight : 12 Ga. 565. How measure of arrived at : 39 Ga. 636 ; 
22/271. Question of damages for killing a man considered : 24 Ga. 356. 

Delivery, when there is : 19 Ga. 208, 145. Must be proved in order to charge 
carrier for loss : 12 Ga. 217. Delivery to carrier is delivery to consignee when 
no direction : 57 Ga. 596 ; 49/56 ; 58/574 ; 48/39. To a carrier of goods ordered, 
not good, unless by authority of purchaser or usage between the places: 20 
Ga. 574. Not good, in a certain case, to bind contract between buyer and sel- 
ler: 25 Ga. 216. To carrier is to consignee, when there was agreement, etc. : 
30 Ga. 450. Duty of each when there are two carriers, as to, and acceptance: 
30 Ga. 798. When delivery to agent exonerates: 40 Ga. 330. 

Deterioration, carrier not liable for inherent, when not in default: 12 Ga. 
566. 

Diligence, in absence of proof to contrary, carrier is presumed to have re- 
ceived goods for transportation under legal obligations, as to: 52 Ga. 142. Is 
a question for the jury: 42 Ga. 443. 

Evidence in suit against carrier for failure to deliver coal to iron-works, 
proof of loss caused by suspension of works because of failure to deliver, not 
admissible in : 22 Ga. 269. 

Freight, entitled to, on delivery, whether damaged or not: 12 Ga. 564, 565. 

In pari delicto, etc., when applicable in suit against carrier : 48 Ga. 102. 

Jurisdiction, court of county of delivery to carrier has, to try claim for fail- 
ure to deliver : 63 Ga. 504. 

Legal process, if goods are taken from possession of carrier by, liability 
ceases : 48 Ga. 432. Carrier not relieved by bare statement that goods were 
seized by : 38 Ga. 43. 

Liability, contract limiting carrier's, held binding : 39 Ga. 634 ; see 19 Ga. 210 ; 
21/526 ; 36/532. Of carrier for failure to transport goods in a reasonable time : 
32/Ga. 400. Of carrier, not limited by publication or entry on receipt or tickets : 
36 Ga. 532, 635 ; 37/103 ; 38/42. For goods received by carrier for shipment 
beyond terminus of the line: 38 Ga. 37, 519; 25/228. Begins from delivery 
and ends with delivery at place of destination : 58 Ga. 393. Of carrier, ceases, 
as such, when goods arrive at destination, etc., and he becomes liable as ware- 
houseman : 46 Ga. 437. Ceases if goods are taken from his possession by legal 
process: 48 Ga. 432. "First-class freight-boat" and a "seagoing vessel," 
not liable for loss of goods by fire, unless by design or neglect, under Act of 
Congress : 48 Ga. 545. 

Lien, carrier has, on goods for freight: 12 Ga. 566. 

Mail matter, contract by express company to carry, is void, unless such 
matter is excepted from prohibition in Act of Congress : 25 Ga. 704. 

Money, right of carrier to collect freight on, when demandable, not de- 
feated by fraudulent concealment: 25 Ga. 62. 

Negligence, carrier cannot by special contract exempt himself from losses 
arising from: 28 Ga. 543; 34/315. Gross, to leave cotton on side-track in ten 
feet of main track : 34 Ga. 315. 

Passenger, extraordinary diligence to protect: 56 Ga. 322; 58/461. One 
having railroad ticket and present to take train at ordinary point of departure 
is: 58 Ga. 461. Drunk and put off train, carrier liable for injury: 60 Ga. 
441, 442. 

Possessory warrant, in order to recover goods from carrier by, even if pos- 
sessory warrant will lie, consignee must produce bill of lading, or show that 
its non-production would leave no liability on carrier, etc. : 63 Ga. 745-747. 

Public enemies, when carrier defends by saying loss was occasioned by, he 
must establish the fact by clear and satisfactory evidence: 38 Ga. 32; 50/134. 



175 SECOND TITLE.— CHAP. 2, AET. 6, SEC. 8. §2320 

Injuries by railroads. 

Ratification ; silence no evidence of transaction evidenced by paper, when 
party handing paper is not proper one to whom to address dissent: 33 Ga. 155, 
Sup. 

Shipper's risk ; goods to be transported at shipper's risk: 42 Ga. 486. 

Steamboats, Act of Congress, March 3d, 1851, does not apply to, "used in 
rivers or inland navigation": 40 Ga. 85. Liable for loss of goods caused by 
breaking of "hog-chain" : 50 Ga. 509. 

Storage, carrier may charge, after notice to consignee, newspaper notice not 
sufficient : 14 Ga. 277, 278. 

Title, when carrier cannot dispute, of a shipper: 39 Ga. 617. 

Usage, may show by, that contract is implied : 21 Ga. 526. 

Value, carrier liable for, of goods at place of delivery, deducting freight: 
22 Ga. 271 ; 26/122. Carrier may require the nature and value of goods deliv- 
ered to him, to be made known, and any fraudulent acts, sayings or conceal- 
ments on the part of his customers will relieve him from responsibility : 37 Ga. 
691. Difference between the valuation of shipper at time of shipping and the 
verdict, and as to failure to give value when requested : 45 Ga. 305. Failure to 
notify carrier of, held fraudulent : 46 Ga. 303. 

Venue ; sued in the county where the cotton was shipped, to try a claim for 
failure to deliver : 63 Ga. 504. Western and Atlantic Railroad placed on same 
footing as other roads, as to damages caused by running of cars: 40 Ga. 418. 
As to liability of, for goods to be delivered beyond terminus : 42 Ga. 642. 
Notes mainly from decisions since Code of 1882 : 

Bill lading, office and nature of : 91 Ga. 385-387. By giving up indorsed bills 
lading, title and control of goods parted with : 91 Ga. 335. 

Equitable assignment, to bank, of proceeds of goods shipped, by consignor: 
91 Ga. 307-308. 

Negligence peculiarly question for jury, and if doubt, should be submitted 
to jury : 66 Ga. 170. See also 34 Ga. 337 ; 60/441, 442'. 

Pleading, contract to deliver to B. for B. , did not support allegation to deliver 
to plaintiff, a corporation, or to B. for it: 81 Ga. 602. 

Principal may claim fruits of carrier's contract made with agent whose 
agency was undisclosed, and may sue on it though agent could also : 81 Ga. 602. 



SECTION 8. 

INJURIES BY RAILROADS. 

§2320. (3368.) Injury to person or property. In all cases where the Acts 1855-e, 
person or property of an individual maybe injured, or such property §51861,2297, 
destroyed, by the carelessness, negligence, or improper conduct of 
any railroad company, or officer, agent or employee of such com- 
pany, in or by the running of the cars or engines of the same, such 
company shall be liable to pay damages for the same to any one 
whose property or person may be so injured or destroyed, notwith- 
standing any by-laws, rules, or regulations, or notice which may be 
made, passed, or given by such company, limiting its liability. 

See general notes to sections 2321-2323. 

Only liable for damage from neglect or mismanagement, and as to burden 
of proof : 30 Ga. 22. As to reasonable rules and evidence of knowledge of, by 



§2321 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 176 

Injuries by railroads. 

passenger : 38 Ga. 410. As to care railroad should exercise in allowing pas- 
senger to get off the train : 51 Ga. 489, 492 ; 45/288. Railroad liable for in- 
jury by another company using its road-bed : 49 Ga. 355 ; 58/468. Employee 
of railroad, by contract taking on himself risks of his station, cannot recover 
unless he show gross negligence of the company : 50 Ga. 466 ; 52/461. Same law 
applicable to suit by widow of employee for death of her husband : 52 Ga. 461, 
468. Railroads liable for damages done by their conductors or other servants 
to passengers : 58 Ga. 216. Rule of diligence to be exercised by railroad com- 
panies in receiving and discharging passengers ; 58 Ga. 461-468. As to damages 
for ejecting passenger from train when he had a ticket : 58 Ga. 454. That the 
engineer causing the injury was prompted by personal malice does not exoner- 
ate the company under this section : 60 Ga. 492. Proper diligence being shown 
by the railroad company, presumption of law against them for killing a cow 
was rebutted : 60 Ga. 182. 

Company selling through ticket, liable for whole trip, notwithstanding no- 
tice printed on ticket limiting liability to its own line : 70 Ga. 533. 

A p Ct i55 855 " 6 ' §2321. (3033.) Damages by running of cars, etc. A railroad com- 
Itlhi'im P an y shall be liable for any damage done to persons, stock or other 
2896' 5149' P ro P er ty? by the running of the locomotives, or cars, or other ma- 
5i6o. chinery of such company, or for damage done by any person in the 
employment and service of such company, unless the company shall 
make it appear that their agents have exercised all ordinary and rea- 
sonable care and diligence, the presumption in all cases being against 
the cpmpany. 

This presumption obtained at common law : 79 Ga. 305. 

Words "all cases" cover case where railroad company loaned locomotive, 
together with fireman (plaintiff), to contractor: 90 Ga. 829. 

Rule of diligence in this section not modified by the stock-law : 87 Ga. 626. 

Sections 2321, 2322, 2323 construed together: 69 Ga. 200. 

Held constitutional: 73 Ga. 499. Section 2321 does not violate fourteenth 
amendment to Federal Constitution : 79 Ga. 305. 

Damages to a slave by : 30 Ga. 22 ; 37/593 ; 36/85 ; 32/345 ; 36/377. Whether 
negligence by the railroad is a question for the jury : 18 Ga. 680 ; 34/330 ; 60/339. 
Where person injured is placed in such a perilous condition as to render it an 
act of precaution to leap from the cars : 24 Ga. 357. Servants of same master 
no redress against him for consequences of each other's negligence, did not 
apply when, and as to damages: 30 Ga. 146. When the person injured mis- 
judged as to the danger, does not relieve the company : 26 Ga. 250. Damages 
to one's house from fire communicated by sparks from company's engine : 27 Ga. 
481 ; 31/133. Negligence presumed from running off the track ; rule as to con- 
tributory negligence: 28 Ga. 111. The maxim in pari delicto, etc., applicable 
to suit by widow for death of husband by employees of railroad : 40 Ga. 52 ; 
38/199. When railroad not liable for injury to laborer employed by contractor : 
46 Ga. 417. Injury to passenger while getting off the car: 51 Ga. 492; 45/289. 
When not liable to one pushed off the car by a negro when the car in motion : 
46 Ga. 447. Offering by railroad to pay for stock, throwing onus on them to 
prove no negligence : 28 Ga. 317. As to liability of railroad for killing stock : 56 
Ga. 540,541 ; 61/11 ; 64/619, 620 ; 28/180. Section referred to and construed : 61 
Ga. 153 ; 53/490. As to damages to one employee by other employees : 54 Ga. 
509-512. This section did not apply when receiver running the railroad : 55 Ga. 
481. Damages against a street-railroad company: 55 Ga. 126; 61/215. Em- 






177 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §§2322, 2323 

Injuries by railroads. 

ployee of railroad free from fault can recover from railroad for negligence of 
coemployee : 56 Ga. 196. Even a trespasser should be protected from gross 
negligence of a railroad : 60 Ga. 340. Where a minor, and when father sues for 
an injury, and as to burden of proof: 64 Ga. 475-478. Child by next friend 
suing for damages ; section construed : 64 Ga. 306-308. 

Employee of railroad not bound by rule requiring waiver of rights, in ab- 
sence of express agreement : 86 Ga. 294. 

Quoted and applied in case of a minor hurt on a railroad . track : 70 Ga. 
208, 245. 

In declaration hereunder, due care by plaintiff not an indispensable allega- 
tion : 87 Ga. 673. 

See general note under section 2323 ; also notes to section 2222. 

As to "measure of damages," see notes to Chapter "Damages," Title "Torts." 

§2322. (3034. ) Consent or negligence. No person shall recover dam- $ |^- ^ 9 3 8 ' 
age from a railroad company for injury to himself or his property, 
where the same is done by his consent, or is caused by his own neg- 
ligence. If the complainant and the agents of the company are both 
at fault, the former may recover, but the damages shall be dimin- 
ished by the jury in proportion to the amount of default attributable 
to him. 

See general note following section 2323, and notes to section 3830. 

Liability of railroad where both at fault, yet could have been prevented by 
proper care of defendant : 18 Ga. 680. Same rule holds where plaintiff could 
have avoided the injury, he cannot recover: 19 Ga. 440; 38/409; 28/93, 111; 
60/668 ; 61/586 ; 52/468. Where mutual fault, party guilty of greater wrong or 
negligence is the aggressor : 27 Ga. 113. Widow of employee cannot recover 
for his death from railroad, if his fault contributed to it: 35 Ga. 105. Where, 
although somewhat at fault, yet if railroad grossly negligent, can recover from 
them for injury: 26 Ga. 250; 24/75. Action by employee for injury from al- 
leged neglect of company to furnish proper tools : 50 Ga. 466. Conduct of pas- 
senger showing gross negligence : 50 Ga. 354. Where the doctrine of this section 
did not apply in suit by one employee for negligence of coemployee : 51 Ga. 
212. A workman employed and carried on cars comes within terms of this sec- 
tion : 53 Ga. 12. Section referred to and construed : 54 Ga. 511. Standing on 
platform of street-railroad car, not such negligence as to prevent recovery : 55 
Ga. 126. Eule of diligence as to receiving and discharging passengers : 58 Ga. 
461. Eailroad liable for the torts and negligence of conductors and servants : 
58 Ga. 216. When the presumption against company is not rebutted : 60 Ga. 
492. Question of negligence is for the jury to decide: 60 Ga. 339-341. When 
one making himself voluntarily drunk cannot recover from railroad for injury : 
61 Ga. 114. 

Section 2322 is in pari materia, but not identical with section 3830; both in- 
clude doctrine of contributory negligence: 71 Ga. 428. 

§2323. (3036.) Injury by coemployee. If the person injured is him- ^f^ 855 " 6 ' 
self an employee of the company, and the damage was caused by ^l^'Jab 
another employee, and without fault or negligence on the part of 303 °- 
the person injured, his employment by the company shall be no bar 
to the recovery, 

As to the old law : 15 Ga. 349. As to slaves: 1 Ga. 195. Where the doc- 
trine that servant has no redress against employer for negligence of coservant 
12 



2323 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 178 

Injuries by railroads. 

does not apply : 30 Ga. 146. "Where widow of employee could not recover where 
employee's fault contributed to the injury: 35 Ga. 105; 61/280; 64/635. Where 
the Act of 1856 was held not to apply to W. & A. Railroad: 23 Ga. 436. But 
under Act of 1863, the W. & A. Railroad is liable to one employee for injury by 
another : 34 Ga. 424. Employee can only recover from employer for damage 
of coemployee when without fault himself: 56 Ga. 586,275; 58/489; 61/590, 
586 ; 60/119 ; 55/279 ; 59/73 ; 54/509 ; 52/411 ; 51/213 ; 53/490, 630. "Where receiver 
running a railroad, there can be no recovery for injury by one employee to 
another: 55 Ga. 481. Where employee of railroad injured while on duty, by 
coemployee, and verdict by jury for plaintiff not disturbed: 56 Ga. 196. 
Baggage-master: 56 Ga. 645. Where under this section employee would have 
to show criminal neglect of the company to hold them liable : 50 Ga. 465. An 
engineer recovering $6,000 against a railroad, employee not competent juror: 
63 Ga. 173, 181. Section referred to: 64 Ga. 308, 309. When the presumption 
of law arises that the employee is without fault: 58 Ga. 108; 64/635. 

"Without fault" means that plaintiff must not have contributed to the in- 
jury, and must have used due diligence to prevent consequences of company's 
negligence : 83 Ga. 591. Word "negligence" adds no vigor to word "fault," but 
is merely superadded: 83 Ga. 591, 593. 

This section, not section 3830, governed mill's liability to operative, who 
claimed nothing for contributory negligence, but alleged that she was without 
fault : 79 Ga. 782. 

Section cited, in connection with sections 3830 and 2322, on contributory and 
comparative negligence of plaintiff : 70 Ga. 207, 245. 

General Note to Sections 2321-2323. 

Accident, under facts, fall of train-hand from ice-covered top of coach, pure 
accident for which company not liable : 82 Ga. 236. Ore turning under em- 
ployee's foot, while passing over car loaded with same, accidental: 86 Ga. 388. 
Freight-train negligently left standing at crossing, company not liable to one 
who in climbing over it was accidentally hurt: 94 Ga. 332. Where injury 
caused by brakes loosening and train running backward down incline, was 
pure accident : 94 Ga. 229. Neither party negligent, injury is an accident : 89 
Ga. 495. Declaration showing injury to have been accident, demurrable: 85 
Ga. 507. Mashing of passenger's fingers by slamming door, pure accident here : 
89 Ga. 832. Company not liable for, where all requirements of law obeyed : 
76 Ga. 771 ; 77/740. 

Act of God, unprecedented rainfall causing washout, was: 87 Ga. 402. 

Alabama decision, recovery under, by personal representative against rail- 
road, compensatory not punitive: 84 Ga. 519. 

Alabama statute, amendments to car-coupler's declaration against Georgia 
Pacific Railway, made it good under Alabama statute: 83 Ga. 621. 

Avoid consequence of defendant's negligence, plaintiff must. But, such 
duty does not arise until defendant's negligence becomes apparent : 56 Ga. 
544; 76/508; 71/447; 73/560. 

Bridge, accommodation, at private road-crossing, defective, company liable 
for injuries: 95 Ga. 430; but see 68 Ga. 446. Where employee on top of extra 
high car was killed by bridge, nonsuit was error: 79 Ga. 495. Nonsuit refused 
where brakeman killed by being knocked from top of car by bridge : 91 Ga. 676. 

Cab, engineer killed, leaning out of cab to look at hot journal, head hitting 
danger-signal too near track ; no recovery : 92 Ga. 723. 

Carriers, tender of damages for lost goods received by carrier from connect- 
ing steamboat line, should have been accepted here : 76 Ga. 532. See also notes 
to section 2298. 



179 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §2323 

Injuries by railroads. 

Charge, under section 2321 of liability for damage to, instead of by, "any 
person in the employment," etc., erroneous: 85 Ga. 470. After charging prin- 
ciple of diligence required ; proper to add charge on presumption of negli- 
gence: 75 Ga. 331. On ordinary care, which invaded province of jury to 
plaintiff's prejudice : 79 Ga. 236. No intimation in charge as to what acts of 
engineer would constitute negligence, nor that plaintiff (coupler) could not by 
ordinary diligence have avoided injury : 83 Ga. 444. 

Child, injured at railroad turntable, nonsuit improperly granted here, al- 
though father the watchman: 75 Ga. 637. Child crawling under cars, hurt, 
could not recover: 87 Ga. 491. Child, mother may recover for injuries to, 
when : 93 Ga. 742. 

Coemployee, incompetency of, known to plaintiff prior to injury, railroad 
not liable : 92 Ga. 84. 

Contributory negligence, elaborate charge on, where young girl, employee 
of factory, fell into elevator-hole at night : 69 Ga. 137. Where verdict against 
company was proper ; facts did not show that deceased caused his own death : 
74 Ga. 426. Doctrine of imputable negligences reviewed and applied to suit by 
married woman against railroad company for homicide of minor son : 77 Ga. 
102 ; 93/372. Suit against light and water company for injuries from falling into 
hole in public street: 91 Ga. 813, 814. Where buggy collided with locomotive, 
driver of buggy being negligent and his companion injured: 93 Ga. 786. Doc- 
trine of contributory negligence, not applicable to injured employee : 77 Ga. 238. 
Building pasture fence and cattle gate on plaintiff's own land, though near 
right of way, not contributory negligence : 89 Ga. 162. Where plaintiff's train 
was running faster than city ordinance allowed and struck defendant's train 
on track used in common and latter could not avoid after seeing the danger, 
no recovery : 87 Ga. 386. Contributory negligence defeating recovery for mule 
killed while moving cotton from railroad cotton-yard : 69 Ga. 200. Facts here 
show that injury avoidable by ordinary care : 69 Ga. 716. If injury done by 
plaintiff's consent or negligence, he cannot recover: 71 Ga. 427, 407. Drunk 
voluntarily and getting on railroad track, one cannot recover, though defend- 
ant negligent: 72 Ga 182; as between drunkenness and sudden access of disease, 
question for jury 72 Ga 182. Free passenger on freight-train who seated him- 
self on flat car and whose eye was injured by spark could not recover: 73 Ga. 
151. Doctrine of contributory negligence had no application where plaintiff in- 
jured by his own negligence, or where ordinary care would have averted con- 
sequences of defendant's negligence : 74 Ga. 605; 65/370. Where declaration 
shows plaintiff guilty of gross negligence, demurrer sustained : 80 Ga. 727. 
Where one causes injury to himself, there is no case of contributory negligence, 
and no right of recovery: 80 Ga. 631. Lack of ordinary care by plaintiff, no de- 
fense against willful and wanton neglect by defendant : 84 Ga. 774. Plaintiff's 
declaration showing injury to have been caused by his own negligence, demur- 
rable: 85 Ga. 653. If by ordinary care injury could have been avoided, no 
recovery had, though defendant negligent: 86 Ga : 43. Widow not recover for 
homicide of husband, where caused by his own negligence : 86 Ga. 811. Where 
both are at fault, plaintiff gets no benefit from the rule if his fault amounts to 
lack of ordinary care : 87 Ga. 6. Wagon-driver injured by street-car, could 
not recover, because driving faster than city ordinance permitted: 93 Ga. 312. 
Damages diminished where both at fault in injury from not having safe ap- 
proach to freight-depot : 72 Ga. 742. Facts here warranted charge on contrib- 
utory negligence: 74 Ga 851,857. Where rule as to negligence of plaintiff 
and defendant properly charged : 76 Ga. 209. Charge that plaintiff could re- 
cover though both she and railroad negligent, not erroneous, when : 85 Ga. 297. 
Question whether railroad employee was acting in line of duly, and whether 



2323 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 180 



Injuries by railroads. 



guilty of contributory negligence, for jury: 85 Ga. 203. Negligence not con- 
tributing to injury will not prevent recovery: 71 Ga. 644. Person wronged is 
under obligation to lessen consequential damages, by ordinary care and dili- 
gence : 86 Ga. 641. Where plaintiff and defendant both contribute to injury : 

93 Ga. 743. Where injury resulted from mutual negligence, no recovery unless 
plaintiff less in fault than company : 94 Ga. 560. Where company's conduct 
wanton and reckless, plaintiff's lack of ordinary care not defeat recovery: 

94 Ga. 560. Plaintiff on becoming aware of defendant's negligence is bound 
to avoid its consequence as far as possible : 56 Ga. 544 ; 76/508 ; 71/447 ; 73/560. 

Cotton-yard, floor of, not in proper condition, company liable for damage to 
cotton : 69 Ga. 200. 

Coupler, "running" coupling, engine running fifteen miles an hour, was not 
negligence defeating recovery by coupler: 87 Ga. 631. Coupler crushed to 
death because he was looking toward engine when should have looked other 
way, company not liable: 74 Ga. 396. If coupler could by oi'dinary care 
have extricated himself and escaped consequences of engineer's negligence, he 
could not recover : 83 Ga. 539. 

Crossings, stranger on track near but not at crossing, rights of, and duties 
of company: 74 Ga. 605,725; 82/400; 93/370; 65/631; 89/463. Engineer ap- 
proaching crossing at criminal speed has no right to assume that man on track 
will get off in time : 89 Ga. 463 ; 87/673. Ordinance limiting speed of trains 
at, inapplicable between crossings : 78 Ga. 694. Freight-train negligently left 
standing at crossing, company not liable to one who, in climbing over it, was 
hurt accidentally : 94 Ga. 332. See note to section 2222. 

Damages, measure of, see Chapter "Damages" under Title "Torts." 

Dangerous machinery left exposed in city, child injured, company liable: 
77 Ga. 102. 

Declaration, alleging that deceased without fault and company negligent, 
not demurrable : 86 Ga. 623. Injury complained of was pure accident and 
declaration was demurrable : 85 Ga. 507. Evidence under declaration, here, as 
to plaintiff's age and previous capacity to labor, and present incapacity, ad- 
missible under allegations : 66 Ga. 259. Allegation that railroad negligent, tan- 
tamount to allegation that deceased's coemployees were negligent: 74 Ga. 738. 

Defenses, open to railroad company, to suit for injury to personalty, and for 
injury to person, stated : 68 Ga. 744. Frightened mule run over ; defense may 
be too strong: 81 Ga. 208. What defenses may be set up: 71 Ga. 427. New 
trial granted for failure to charge concerning defense that deceased's death 
caused by his own negligence: 76 Ga. 501. Railroad shown to be negligent, 
only defense is, whether person injured used ordinary care or contributed to 
injury: 85Ga. 517. Where plaintiff was in wagon which was negligently struck, 
negligence of wagoner was no defense to company : 89 Ga. 602. Nor was the 
hackman's negligence imputable to plaintiff, his passenger, no privity having 
been shown : 88 Ga. 60. Eailroad company cannot defend by facts involving 
its material negligence, and though not pleaded, plaintiff may urge such neg- 
ligence for what purpose: 92 Ga. 188. Proof either that company was with- 
out fault, or that employee at fault, complete defense : 94 Ga. 458. 

Depot, for freight, ingress and egress, must be safe: 72 Ga. 742. 

Diligence and Negligence, see also "Contributory Negligence," "Ordinary 
Care," and "Presumption." Negligence per se, as to employees upon tracks, to 
run locomotive in yard faster than city ordinance allowed : 93 Ga. 259. Viola- 
tion of city ordinance, negligence per se: 81 Ga. 397- Omission of specific acts 
of, prescribed by legislature, negligence per se: 78 Ga. 694. Ordinary diligence 
only required of company : 91 Ga. 770. Whether conductor exercised proper 



181 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §2323 

Injuries by railroads. 

diligence here, for jury: 93 Ga. 630. Negligence, solely for jury: 76 Ga. 13. 
Where doubt, case should go to jury: 66 Ga. 170, 242. Whether pre- 
sumption removed, for jury : 86 Ga. 62. Questions of negligence, and avoiding 
injury by ordinary care, are for the jury : 71 Ga. 222. So, whether party 
injured was himself negligent : 93 Ga. 630, 666. Negligence for jury, and court 
should not charge that train should be stopped before person put off by rail- 
road's agent : 67 Ga. 307. Nor that running at unlawful speed was negligence : 
70 Ga. 261. Proper diligence is for jury ; verdict not disturbed by Supreme 
Court : 72 Ga. 207. Whether proper care taken in protecting switches from 
interference, for jury: 92 Ga. 188. Where rule as to negligence of plain- 
tiff and defendant properly charged: 76 Ga. 209. Error to charge "a full 
measure of care and diligence — all that could be expected" : 70 Ga. 261. 
Request to charge, not leaving jury to determine whether facts constituted 
negligence, properly refused: 86 Ga. 623. Not per se negligence for person 
with something in each hand to attempt to board electric car stopping for 
passengers : 92 Ga. 494. The respective diligence of railroad and one right- 
fully on premises, for jury: 84 Ga. 698. Brakeman inviting minor to board 
moving train, both at fault: 71 Ga. 22. Absence of negligence on employee's 
part and negligence by company being in doubt, case should go to jury: 
69 Ga. 619. Whether railroad conductor exercised proper diligence here was 
question for jury: 93 Ga. 630. The loading of car with lumber, not extra 
hazardous work for youth of seventeen years, of ordinary intelligence: 84 
Ga. 152. Error to charge that plaintiff (employee) cannot recover, unless it 
was impossible for him to extricate his hands without injury. 71 Ga. 644. Not 
negligence for passenger engineer to remain at his post so long as chance re- 
mains to avoid collision ; public policy encourages heroism in such emergencies : 
74 Ga. 738. Where negligence, in not keeping drowsy engineer awake, was 
imputed to plaintiff (fireman), charge restricting duty of fireman to few min- 
utes before accident, error: 82 Ga. 452. Question for jury, whether employee 
suing railroad company was himself guilty of negligence : 91 Ga. 28. Em- 
ployee must be free from negligence at time of injury ; negligence at another 
time not affect right to recover : 66 Ga. 260. Railroad company not negligent 
in not instructing minor employee how to do work safely, where work not 
extraordinarily hazardous, and minor experienced therein : 80 Ga. 807. Com- 
pany not liable where its agents have exercised all ordinary and reasonable 
care and diligence: 92 Ga. 753. Company not liable for unavoidable accident, 
where all requirements of law obeyed : 76 Ga. 771 ; 77/740. Due diligence as 
to road-bed shown, washouts from unprecedented rainfall was act of God: 
87 Ga. 402. Evidence showed company negligent here, and charge was erro- 
neous: 86 Ga. 320. Express contract not protect carrier from result of neg- 
ligence in running trains: 68 Ga. 350. Rule that if company not negligent 
no recovery, inapplicable here: 93 Ga. 785. Negligence, to warrant recovery 
against railroad, must have been proximate cause of injury : 66 Ga. 746 ; 75/331. 
Negligence of company must have contributed to injury: 95 Ga. 734. 

Dog, no presumption of negligence as to killing: 75 Ga. 444. 

Ejecting from train, where agent of railroad improperly ordered one to 
leave train in motion, company not free from liability because such person 
should not have obeyed : 67 Ga. 307. But see 92 Ga. 388. 

Employee must not have contributed to the injury : 94 Ga. 457. Employee 
might recover, although omitted to perform a duty, or committed error of 
judgment, etc. : 95 Ga. 292. Employee not connected with running trains, 
may recover, although at fault, if injured by running of trains ; if injured other- 
wise, he must be blameless : 69 Ga. 715, 716. Railroad liable to employee for 
negligence of coemployee, whether injuries sustained in running cars or 



2323 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 182 

Injuries by railroads. 

otherwise: 86 Ga. 320. If employee without fault, railroad liable for negli- 
gence of coemployee, whether injury connected with running of trains or not : 
73 Ga. 499; this rule is now store decisis: 73 Ga. 499. May recover although 
employment and injury in business not immediately connected with running 
trains: 95 Ga. 301. Person other than employee injured, onus on company: 
67 Ga. 306. Employee hurt while not on duty stands on same footing with 
general public : 82 Ga. 580. 

Engine, lookout should be kept on both sides of: 78 Ga. 603. 

Evidence in suit against railroad for homicide in a city, city ordinances reg- 
ulating speed at crossings relevant to defendant's alleged negligence : 74 Ga. 
857. Fact that track commonly used as thoroughfare near scene of homicide, 
relevant to question of engineer's diligence : 74 Ga. 857. Upon issue whether 
specific engine caused fire, escape of sparks from other engines not competent : 
90 Ga. 663. Aliter, declaration identifying no one engine, but attributing fire 
to defendant's engines, all which shown in substantially same condition: 
90 Ga. 11. No unfavorable inference drawn against company from failure to 
call employees to prove facts admitted in plaintiff's pleadings : 92 Ga. 188. 
Failure of railroad company to produce fireman who witnessed killing of cow, 
authorizes presumption of railroad's negligence : 75 Ga. 282. Engineer intro- 
duced by railroad company as witness, and fireman unaccounted for, author- 
izes inference by jury against company : 75 Ga. 645. If fireman produced in 
court but not sworn, such inference not warranted: 75 Ga. 645. Opinion of 
witness, train operated carefully, inadmissible: 84 Ga. 420. Immaterial, that 
defendant company never charged plaintiff with negligence: 84 Ga. 711. 
Testimony as to care exercised in selection of street-car drivers, not material 
upon question of negligence of driver at time of injury : 85 Ga. 297. Whether 
plaintiff engineer kept diligent lookout, for jury ; but general character for 
reliability not pertinent to causes of wreck: 87 Ga. 402. Usage or custom 
obviously dangerous, was inadmissible to excuse contributory negligence: 
87 Ga. 374. Eailroad company cannot show that engineer killed was habitu- 
ally reckless in running trains at excessive speed, etc., when : 92 Ga. 188. Cus- 
tom to be negligent in particular way is no excuse and inadmissible : 71 Ga. 
406. That expert railroader never heard of such accident from sparks emitted, 
pertinent: 73 Ga. 149. No irreconcilable conflict here, and no verdict for 
plaintiff: 92 Ga. 482. Excluding evidence of defendant company's diligence, 
error: 84 Ga. 351. Comparing condition of tracks with those of other rail- 
roads, inadmissible: 84 Ga. 519. 

Fellow-servant, employee hurt when not on duty stands on same footing 
with general public: 82 Ga. 580. Member of construction-gang riding on 
train was coemployee with his boss and subject to his reasonable orders: 
80 Ga. 427. If such coemployee contributed to his own death, his wife could 
not recover, and burden on her to show deceased without fault : 80 Ga. 427. 
Employee killed while in disobedience to rule of company or order of superior, 
his wife cannot recover, unless it appear that disobedience did not contribute 
to death : 80 Ga. 427. Fellow-servant is one employed about same work as one 
injured : 77 Ga. 203. Eule as to who are fellow-servants : 80 Ga. 427 ; 83/343 ; 
77/214 ; 75/718 ; 93/53. One who put himself under conductor's orders, to work 
his way, mere volunteer and not in service of company: 82 Ga. 156. Person 
not employed by company, but assisting servant at his request, a volunteer, 
not fellow-servant: 84 Ga. 320. 

Freight-train, no recovery by one injured in boarding train at point not 
usual stopping point for passengers : 92 Ga. 293. Passenger takes risks of usual 
jolts, etc.: 91 Ga. 782; 76/209; 84/651. Homicide, depot-agent slaying cus- 
tomer, company liable: 79 Ga. 460. Employee's widow suing for his homicide 



183 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §2323 

Injuries by railroads. 

by coemployee, need not show that homicide was criminal: 70 Ga. 434. 
Widow may recover for negligent homicide of husband, where he was not at 
fault, and could not, by ordinary care, have avoided death : 93 Ga. 259. 

Jerk, where refusal to nonsuit switchman's suit for injuries from sudden 
jerk of train was proper : 82 Ga. 629. 

Jolt, passenger injured by sudden jolt, while standing on seat to remove 
bundles from rack, no recovery : 95 Ga. 736. Whether passenger here should 
have left car or taken nearest seat to avoid jolt, was for jury : 89 Ga. 495. 

Jumping off, where employee jumps from train to avoid collision, etc., and 
necessity to jump was coemployee's fault, he may recover: 92 Ga. 660. Gen- 
erally, passenger hurt by jumping from moving train cannot recover : 89 Ga. 455. 
Veteran railroader should have known that jumping from train going twenty- 
five miles an hour was dangerous: 83 Ga. 348. "Jumping off" case here prop- 
erly dismissed on demurrer: 87 Ga. 766. Plaintiff's jumping from street- 
car which was going twenty miles an hour, was gross negligence : 88 Ga. 436. 
Street-car company not liable here, passenger having endeavored to get off at 
stopping place after car had started : 92 Ga. 133. Railroad company not liable 
for injury occasioned by girl jumping from moving train when ordered by 
conductor, danger being obvious : 92 Ga. 388. Nonsuit improperly granted ; 
plaintiff was in act of stepping from moving electric car when car-conductor 
signaled and car jerked, etc. : 95 Ga. 519. "Jumping off" case, train moving 
rapidly, properly nonsuited: 83 Ga. 347. Alighting from moving train, negli- 
gence, when: 84 Ga. 1. Railroad not liable to one voluntarily and without 
necessity jumping from train : 84 Ga. 506. Injury resulting from attempt to 
alight from rapidly moving train, affords, generally, no cause of action: 
85 Ga. 504. Recovery where one left moving train under fear of railroad com- 
pany's agent's order, although no force employed : 67 Ga. 307. Cause of action 
for personal injuries to one jumping from moving train, set out here: 
45 Ga. 288 ; 51/489 ; 69/268. Evidence showing that plaintiff voluntarily step- 
ped off rapidly moving train and was hurt, he was guilty of gross negligence 
and could not recover : 80 Ga. 212. Where plaintiff bought ticket to Atlanta 
and conductor agreed to let her off at street crossing but failed to stop, and she 
jumped, nonsuit proper: 81 Ga. 476. "Jumping off" case, recovery sustained: 

81 Ga. 620. "Jumping off" case, in which verdict for plaintiff was error: 

82 Ga. 229. 

Lookout should be kept on both sides of engine : 78 Ga. 603. 

Machinery, railroad is a guarantor to employee that machinery, appliances, 
etc., are safe: 70 Ga. 674. Employee cannot recover for extraordinary acci- 
dent, occasioned by machinery in average condition : 86 Ga. 262. Railroad 
company should furnish employee safe tools, etc., but employee who know- 
ingly uses defective tools, even under command of superior, cannot recover 
for injuries : 55 Ga. 133 ; 50/465 ; 68/699 ; 74/59, 60. Brakeman not presumed 
to be skilled mechanic : 74 Ga. 60. Flagman not noticing patent defect in the 
fastening of stove, guilty of negligence and cannot recover : 70 Ga. 674. Using 
a hand-car with knowledge of dangerous defect, cannot recover, though or- 
dered by a superior to use it: 70 Ga. 566. Railroad not liable for injury from 
frozen coupling not working freely ; pure accident : 82 Ga. 156 ; nor for fall of 
train-hand from ice-covered top of coach, here : 82 Ga. 236. Ore turning under 
employee's foot, while passing over car loaded with same, evidence of acci- 
dent rather than negligence : 86 Ga. 388. Plaintiff, a baggage-master, being 
injured by waterspout while looking out of car in discharge of duty, railroad 
liable: 66 Ga. 707. Second effort, on same occasion, to use implement failing 
to work on first, not improper or inexcusable : 86 Ga. 538. Employee working 
with full knowledge of insufficient appliances, not recover for injuries caused 



§ 2323 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 184 

Injuries by railroads. 

thereby: 85 Ga, 592. "Machinery" does not include hammer: 83 Ga. 70. 
Where one employed by railroad company in constructing track, injured by 
defective hammer, no presumption against company : 83 Ga. 70. General law 
of master and servant puts onus on employee : 83 Ga. 70. Defective hammers 
do not necessarily show negligence in purchasing: 83 Ga. 70. Railroad not 
presumed negligent because lamp furnished employee was extinguished in 
signaling: 86 Ga. 388. Charge good law, as to railroad company's duty in 
selecting, etc. , operatives, machinery, etc., but should have been confined to 
machinery here : 95 Ga. 292. 

Mashing fingers, passenger's fingers mashed by flagman suddenly slamming 
door, pure accident here: 89 Ga. 832; 85/508. 

Maxim, "so use your own as not to injure another's," governs railroad 
as to use of whistles, bells, etc., near public highways : 73 Ga. 558. 

Measure of damages, see Chapter "Damages" under Title "Torts." 

Noises, as to liability for, where unusual and unnecessary : 77 Ga. 788. 

Nonsuit, employee plaintiff's evidence showing himself at fault, nonsuit is 
proper: 70 Ga. 566. Road shown not negligent, nonsuit proper: 77 Ga. 69. 
Nonsuit granted where deceased shown to be grossly negligent and railroad 
diligent: 80 Ga. 363. Nonsuit not granted, in homicide or other case, where 
jury might have inferred negligence by railroad : 77 Ga. 393, 82; 95/547. Non- 
suit error, evidence as to negligence of deceased conflicting: 78 Ga. 749. La- 
borer hurt while passing timber by his colaborer, nonsuit was error: 88 Ga. 
228. Nonsuit was proper in the following cases : Where train-hand ran to store 
at station on private errand, and in remounting moving train was struck by mail- 
crane not ordinarily dangerous : 88 Ga. 210. Where car-coupler attempted 
to mount cowcatcher of moving engine: 87 Ga. 379. Where engineer pro- 
ceeded on conflicting signals: 89 Ga. 541. Where real cause of injury was 
brake which plaintiff knew to be defective : 88 Ga. 225. Where watchman let 
train strike him from behind : 89 Ga. 756. Where fireman mounted moving 
engine, under order of superior, and was injured: 85 Ga. 197. 

Obeying orders, employee violating orders, as to method of coupling cars, 
cannot recover : 86 Ga. 15 ; 86/499. Where brakeman under orders of con- 
ductor ran forward to notify engineer of impending collision and was hurt by 
falling, he may recover: 92 Ga. 658,659. Engineer cannot justify running con- 
trary to regular schedule, upon ground that conductor so ordered : 87 Ga. 104. 
But, no rule appearing here, flagman's obedience to conductor's orders not 
per se negligence : 87 Ga. 104. Plaintiff here entitled to recover from railroad 
company for injury, unless at fault in recklessly obeying orders of "boss": 
92 Ga. 399. Brakeman ordered by conductor to jump from moving train, may 
recover, if he used reasonable care in jumping: 71 Ga. 406. Whether obeying 
order is negligence, depends on whether it would be rash and dangerous : 
71 Ga. 406. If manifestly so, employee obeys at his risk : 85 Ga. 197. Orders 
by "boss," whose rank not shown, no excuse for negligence : 72 Ga. 202. 

Onus, employee injured by fault of coemployee, burden of proof as to neg- 
ligence, etc., and details of casualty : 95 Ga. 302. When plaintiff shows injury 
without his fault, the company must show ordinary and reasonable care: 
71 Ga. 408. Employee suing for negligence of coemployee must show himself 
to have been free from negligence — to be judged of exclusively by jury: 
74 Ga. 385. Nonsuit in doubtful case, error: 74 Ga. 385. Evidence of plain- 
tiff's diligence casts onus on company: 77 Ga. 429. Evidence should show 
employee without negligence, or that coemployee negligent: 66 Ga. 558; 
69/347, 620. Employee injured by fault of coemployee, burden of proof as to 
negligence, etc., and details of casualty: 95 Ga. 302. Employee must either 
show himself free from negligence or company negligent; whereupon com- 



185 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §2323 

Injuries by railroads. 

pany, to prevail, must show what: 95 Ga. 685. See also 77 Ga. 434; 80/521; 
85/473. Charge on onus: 77 Ga. 393. Woods fired by sparks, burden on com- 
pany to show ordinary care as to engine's condition, etc. : 90 Ga. 11. Onus on 
company, person injured not being employee: 67 Ga. 306. Upon question 
whether stolen goods should be paid for as sound or damaged, defense being 
that if stolen they were previously damaged by extraordinary freshet, onus 
on company : 87 Ga. 203. 

Ordinance, violation of city ordinance, negligence per se: 81 Ga. 397. City 
ordinance limiting speed of train at crossings, inapplicable between crossings : 
78 Ga. 694. 

Ordinary care, see also "Diligence and Negligence" and "Contributory Neg- 
ligence," ante. Ordinary care, charge on, here invaded jury's province, to 
plaintiff's prejudice : 79 Ga. 236. Lack of ordinary care not defeat recovery 
where defendant's conduct wanton and reckless: 94 Ga. 560. Company must 
show ordinary care : 86 Ga. 230. Standard of ordinary care for children less 
strict than for adults: 84 Ga. 320. Standard of, in prudent man, varies with 
circumstances: 84 Ga. 420. No degrees in ordinary care; and as to what is, 
under different circumstances : 93 Ga. 259. Whether boy of thirteen has suffi- 
cient capacity to avoid danger, question for jury : 84 Ga. 320. Where sober 
man, by use of ordinary diligence, could not have avoided injury, drunk 
man injured may recover : 93 Ga. 488. In sudden apprehension of dangerous 
collision one is not held to ordinary standard, but state of emotions is allowed 
for: 83 Ga. 673. When nonsuit for contributory negligence proper, and when 
not : 83 Ga. 673. Ordinary diligence the rule of conduct from employee to 
railroad , and vice versa : 92 Ga. 77. Rule of diligence as applicable to boy over 
fourteen years of age injured by railroad-train: 91 Ga. 526, 528,529. Seven- 
teen-year-old girl, as to discretion in caring for safety, how treated : 92 Ga. 388. 
Eleven-year-old boy killed by railroad-train through gross negligence of 
custodian — negligence imputed to father, but not mother, when : 93 Ga. 369. 
On demurrer, child of tender years presumed not to have discretion to avoid 
accident, etc., and incapable of contributory negligence : 87 Ga. 491. Whether 
applicable to evidence before jury, doubtful: 87 Ga. 491. Question for jury, 
whether boy eleven years old has sufficient capacity to appreciate danger of 
riding in unsafe position on street-car, etc. : 91 Ga. 346 ; or in voluntarily assist- 
ing railroad servants in moving car : 84 Ga. 320. Due care for his own safety 
in nine-year-old child considered : 81 Ga. 397 ; 83/512 : 87/674. Law imputes 
negligence only to persons who have arrived at years of discretion : 91 Ga. 358. 
Train obstructing street crossing contrary to city ordinance, thirteen-year- 
old boy crossing over bumpers at invitation of flagman, recovers for injury : 
91 Ga. 360. 

Passenger, see also notes to section 2266. Plaintiff thrown down by motion 
of moving train while going to rear platform, not entitled to recover, though 
conductor had just called his station: 76 Ga. 333. Voluntary passenger on 
freight-train assumes risk of usual and necessary jolts, incident to that mode 
of travel : 84 Ga. 651 ; 91/782 ; 76/209. When accident occurred plaintiff was 
in baggage-car and had no ticket ; yet, altogether, cause of action was set out : 
94 Ga. 538. Extraordinary diligence due to passengers defined : 95 Ga. 738 ; 
89/495. Setting down passenger in dangerous place on dark night, without 
light or notice, negligence : 80 Ga. 527. Passenger standing on seat to remove 
bundles from rack, injured by sudden movement of train, no recovery : 95 Ga. 
736. Whether passenger here should have left car or taken nearest seat, to 
avoid jolt, for jury : 89 Ga. 495. Person boarding train to assist female pas- 
sengers, not entitled to notice that train about to start: 84 Ga. 1. Passenger 
insulted and maltreated by brakeman, company liable: 75 Ga. 51. Company 



;2323 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 186 

Injuries by railroads. 

is liable for conductor's unlawful violence to passenger : 86 Ga. 312 ; or one ne- 
gotiating for passage : 69 Ga. 827. As to duty of company relative to passenger 
to signal departure of train : 66 Ga. 746. And as to passenger's duty : 66 Ga. 
746. Also as to company's duty to keep tracks clear for those who pursue train 
leaving depot : 66 Ga. 746. Passenger boarding freight-train elsewhere than 
at a regular stopping point, cannot recover for injury : 92 Ga. 293. Fingers of 
passenger mashed by flagman suddenly slamming door, pure accident here: 
89 Ga. 832 ; 85/508. 

Persons on track, railroad company not liable for homicide of one on track 
between blow-post and public crossing, when : 91 Ga. 419, 420. To walk on a 
railroad track is not an unlawful intrusion : 71 Ga. 428. How far railroad is 
liable for injuring one walking on track: 71 Ga. 427, 428. One walking on 
railroad track at night can by ordinary care avoid being run over by train : 
82 Ga. 667. Measure of ordinary care in one walking on railroad track, is 
diligence incumbent on every one unnecessarily getting into peril : 82 Ga. 400. 
Rule of diligence on part of railroad company and person killed, where stran- 
ger on tracks elsewhere than at public crossing : 93 Ga. 370. One standing at 
crossing injured by stick of wood from tender of passing locomotive, case 
rested on doctrine of negligence, etc. : 92 Ga. 391. Person wrongfully on the 
track entitled to ordinary care : 70 Ga. 251. Even trespasser on railroad track 
entitled to protection from gross negligence : 70 Ga. 207 ; 74/857. Persons on 
track not necessarily trespassers : 70 Ga. 207. Railroad company owes tres- 
passer no duty except not to injure, if seen in time to prevent: 85 Ga. 447. 
Where, by agreement between two railroads, the watchmen of each stand and 
walk on other's tracks, watchman was not trespasser ; if struck, negligence for 
jury ; nonsuit improper : 89 Ga. 278. Walking on track in dark without 
knowing whether train due and without listening attentively, gross negligence : 
78 Ga. 694 ; 82/801. Rights of one who is grossly negligent himself discussed : 
78 Ga. 694 ; 82 /801. Pedestrian on track could by ordinary care have avoided 
being run over; nonsuit was proper: 83 Ga. 595. Use of track by pedestrians 
impliedly licensed by company, does not bind it to extraordinary care; ordi- 
nary care still incumbent on pedestrians: 83 Ga. 595. Where plaintiff was 
walking on long trestle near train time : 87 Ga. 272. Where deceased was 
walking on track when struck: 88 Ga. 726. Person killed by train on trestle, 
while endeavoring to save a boy with whom he had encumbered himself, rail- 
road not liable : 91 Ga. 420. Boy asleep on railroad crossing, run over, and 
killed, no recovery : 78 Ga. 47. Person stepping off track letting engine pass, 
and stepping back and struck by cars loosened from engine, cannot recover : 
95 Ga. 361. 

Pregnant woman, whether could, by ordinary care in alighting, have avoided 
consequence of railroad's negligence in stopping at unsuitable landing, for 
jury: 82 Ga. 54. So, as to her proceeding homeward, instead of taking imme- 
diate precautions against consequences : 82 Ga. 54. 

Presumption, see also "Prima facie case," post. Whether the evidence has 
removed the presumption is always exclusively for the jury : 90 Ga. 837 ; 86/623. 
Presumption codified in section 2321 obtained at common law : 79 Ga. 305. It 
does not violate fourteenth amendment to Federal Constitution : 79 Ga. 305. 
Simple fact of injury appearing, presumption of negligence arises : 74 Ga. 851 ; 
89/495, 500. Presumption, together with evidence here, sufficient to uphold 
verdict : 94 Ga. 524. No presumption of negligence as to killing dog : 75 Ga. 444. 
Where train killed mule, to rebut presumption against railroad, better that 
fireman as well as engineer should be sworn : 75 Ga. 704. Presumption, none 
against railroad company where employee injured, until proves himself free 
from fault : 69 Ga. 348 ; 95/302. Negligence not presumed in suit by employee : 



187 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §2323 

Injuries by railroads. 

70 Ga. 223. Where employee is connected with act causing injury, presump- 
tion of negligence not against railroad : 85 Ga. 470. Must show his own dili- 
gence, or company's negligence, before presumption against latter : 77 Ga. 238. ^ 
Slight negligence defeats employee's recovery ; no presumption against com- 
pany until plaintiff shows himself without fault : 95 Ga. 302. Presumption 
overcome by showing exercise of all ordinary and reasonable care, but this is 
not the only defense allowed : 71 Ga. 427. Presumption not rebutted in homi- 
cide case here, no blow-posts having been erected, whistle not blown, and 
train not checked : 74 Ga. 426. Presumption not rebutted ; horse and buggy 
destroyed at street crossing, train not being under control, etc. : 75 Ga. 810. 
That company does not know and cannot find out how accident occurred, not 
rebut presumption : 73 Ga. 513. Presumption not rebutted here : 65 Ga. 714. 
Eebutted here : 91 Ga. 71, 76. Not rebutted by showing how injury might have 
happened : 78 Ga. 647. 

Prima facie case, where plaintiff drove across track, not knowing speed of 
car : 95 Ga. 366. 

Proof, employee must prove that he was at the place where his duty required 
him to be when hurt ; loss of memory will not relieve him of necessity to 
so prove : 70 Ga. 674. 

Proximate cause, company's negligence must have been : 66 Ga. 746 ; 75/331 ; 
86/22. Engineer's fault making it necessary for conductor to go where he was 
injured, no recovery, injury not being direct result of negligence: 93 Ga. 570. 
Horse frightened by headlight, not by speed of train, failure to blow whistle or 
approach crossing slowly, immaterial: 88 Ga. 282. 

Eailroad, see also ''Steamship Company," below. Company here was not, 
though using locomotive and cars, etc. : 93 Ga. 53. Sawmill tramroad was not 
railroad ; general law of master and servant applied: 83 Ga. 345. 

Rainfall of unprecedented violence, consequent washout was act of God, and 
company was not liable : 87 Ga. 402. 

Remedy of employee here was action for breach of settlement contract guar- 
anteeing employment for life : 92 Ga. 782. 

Risks, see also "Machinery," ante. Passenger on freight-train takes risks 
of jolts, etc. : 91 Ga. 782 ; 76/209 ; 84/651. Car-coupler suing, not relevant that 
supply of hands insufficient, where plaintiff knew the fact before undertaking 
the work: 92 Ga. 77. Amount of risk fireman should take, remaining on en- 
gine with drowsy engineer, determined by circumstances, independently of 
rules : 82 Ga. 452. No error to refuse charge that if, among several modes of 
performing his duty, plaintiff chose the less safe one, he took the risk of his 
choice: 71 Ga. 407. Yard and night watchman running along freight-plat- 
form in dark, does so at his own risk: 83 Ga. 346. Employee on gravel-train, 
thrown off by jerking of train, could not recover, as jerking was risk incident 
to service: 80 Ga. 749. Homicide where risk was incident to service, and non- 
suit was proper: 89 Ga. 782. So where injury to machinist from defect in 
chisel: 88 Ga. 1. And defect in reasonably safe brake: 90 Ga. 491. So where 
injury caused by brakes loosening and train running backwards down incline : 
94 Ga. 229. Risk which employee assumes does not embrace risk of another 
employee's negligence: 92 Ga. 661. 

Road-bed, due diligence of section force appearing, washout from sudden and 
unprecedented rainfall was act of God : 87 Ga. 402. Liable for injury to any 
one after knowledge of improper construction of road-bed, etc.: 77 Ga. 203. 

Rules, violation of rules by one employee, not excuse another, unless em- 
ployer shown to so acquiesce, as to sanction : 86 Ga. 15. Fireman not bound 
by rules of railroad company unknown to and never promulgated to him : 82 
Ga. 452. Rule of railroad applicable alike to all persons of given class, e. g., 



2323 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 188 

Injuries by railroads. 

as to putting up danger-signal, bound deceased: 83 Ga. 83. Identified rule- 
book admissible in evidence without first showing that car-coupler, plaintiff, 
had knowledge of it : 83 Ga. 539. Printed rule prohibiting brakeman from 
coupling except with stick, and from going between cars to couple, etc., not 
applicable here : 92 Ga. 77, 493. Rule requiring use of coupling-stick, employee 
not using, negligent, although conductor stood by and did not demur: 95 Ga. 
293, 299. Kules governing employees not promulgated, not binding : 84 Ga. 420. 
Such rules strictly construed against company: 95 Ga. 584. Several rules 
considered in connection with homicide of engineer : 95 Ga. 584. Employee 
bound by reasonable rules established, if furnished with copy thereof: 86 
Ga. 294. Rules admissible on question of company's negligence, to show its 
opinion that certain mode of moving train dangerous : 74 Ga. 723. Engineer 
killed was guilty of negligence in running train in violation of company's 
known rules : 92 Ga. 189. Employee may presume other employees will observe 
company's rules and city ordinances, but must care for own safety: 93 Ga. 
259. Ambiguous rule construed most strongly against railroad and in favor 
of employee : 94 Ga. 457. Duty of railroad company relative to notifying em- 
ployee of rules and effect of employee's knowledge : 95 Ga. 293. Coupler enti- 
tled to rely on rule prohibiting putting train in motion while a coupler is 
between cars: 73 Ga. 744. Where accident occasioned largely by engineer's 
failure to obey rules, no recovery had for his death, though coemployee also 
negligent : 76 Ga. 527. Rule of company putting particular duty on coem- 
ployee which he failed to perform with ordinary care, negligence attributable 
to company ; if injured employee violated rule, presumed that he contributed 
to injury, presumption may be rebutted : 95 Ga. 585. 

Running of train, employee not connected with, entitled to recover on 
showing injury and company's negligence : 80 Ga. 519. May recover although 
at fault, if injured by running of trains ; if injured otherwise he must be 
blameless: 69 Ga. 715,716. Railroad liable to employee for negligence of 
coemployee, whether injuries sustained in running cars or otherwise : 86 Ga. 
320 ; 73/499. May recover, although employment and injury in business not 
immediately connected with running trains : 95 Ga. 301. 

Sections construed ; sections 2321, 2322, and 2323 are to be construed 
together: 69 Ga. 200; in pari materia: 70 Ga. 246. Rule they lay down, less 
strict than that as to carrying goods, section 2264: 88 Ga. 814, modifying 
78 Ga. 646. Ordinary diligence only required of company : 91 Ga. 770. They 
are not unconstitutional, as being special laws not having " uniform opera- 
tion throughout the State ; " nor as varying general law without "free consent 
of all persons to be affected " : 73 Ga. 499. 

South Carolina statute : No recovery for homicide of railroad employee by 
fault of coemployee, under South Carolina law: 91 Ga. 36. 

Sparks, that expert railroader never heard of any accident from sparks 
emitted, competent testimony: 73 Ga. 149; using best known spark-arrester, 
limit of company's duty : 73 Ga. 164. Realty damaged by fire, title in plain- 
tiff and children shown, number of children not appearing, no recovery: 95 
Ga. 434. No liability for fire here: 74 Ga. 534. Railroad liable where sparks 
from engine fired property two miles off, unless wind relied on as intervening 
cause proven extraordinary: 90 Ga. 12. Woods fired by sparks, onus on com- 
pany to show due care as to engine's condition, etc. : 90 Ga. 11. 

Statutes, violation of, as to running trains, negligence per se, when: 
78 Ga. 694. 

Steamship company is not ordinarily liable to employee for negligence of 
coemployee : 86 Ga. 278 ; 92/726. 

Stock, killing of, proved by circumstantial evidence: 89 Ga. 457. To avoid 



189 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. §2323 

Injuries by railroads. 

stock-killing, ordinary, not extraordinary diligence is the rule : 88 Ga. 180. Car- 
rier not excused for failure to unload live stock for food and rest, by failure of 
servant or consignor so to request : 86 Ga. 210. Failure to keep stock fenced in, 
does not bar recovery, but jury may consider it in determining the negligence 
of either party : 71 Ga. 461. 

Stock law ; the stock law of this Code, though not in pari materia with these 
sections, may illustrate diligence of both parties : 71 Ga. 461. Rule of diligence 
in section 2321, not modified by the "stock law": 87 Ga. 626. Same degree 
thereof requisite in field as on uninclosed lands: 87 Ga. 626* 

Street-railway company, bound only to ordinary or reasonable diligence to 
avoid injury to trespasser on car : 91 Ga. 345. Rule of diligence where tres- 
passer is child of tender years: 91 Ga. 345. Ordinarily, street-railway company 
bound to run cars with such caution only as will insure safety of passengers 
occupying seats provided for passengers : 91 Ga. 357. Street-car company not 
liable here for safety of place as alighting place : 92 Ga. 133. Prima facie case 
for plaintiff who, seeing street-car approaching, endeavored to drive across 
track, not knowing speed of car, and was injured: 95 Ga. 366. Work of con- 
structing street-railroad should not obstruct street unnecessarily : 87 Ga. 756. 
As to whether negligence to leave open gate on platform of electric cars, next 
to parallel tracks : 92 Ga. 133. Damages awarded for injury caused by street- 
car starting before passenger had completely left car: 76 Ga. 311. Street- 
railroad company bound to use extraordinary diligence, and where passenger 
hurt, presumption is against company : 76 Ga. 311. 

Switches, engineer killed on account of switch misplaced by discharged em- 
ployee, as to railroad company's duty to have recovered switch-key ; 92 Ga. 187, 
188. Company cannot show common experience of railroad in getting back 
switch-keys from discharged employees, nor custom not to provide watchmen 
for switches : 92 Ga. 187, 188. 

Tender of damages by railroad for lost goods, received from connecting 
steamboat line, should have been accepted here: 76 Ga. 532. 

Tickets and fare, see also notes to section 2266. Passenger not bound to ex- 
amine ticket purchased from agent, to ascertain whether read to proper desti- 
nation: 86 Ga. 744. Passenger is under no obligation to purchase exemption 
from threatened expulsion, by paying additional fare: 86 Ga. 641. 

Tracks, railroad not liable for accident to employee occasioned by unusually 
large "clinker" on margin of: 86 Ga. 231. Evidence comparing condition of, 
with other railroads in State, inadmissible: 84 Ga. 519. See "Persons on 
Track," ante. 

Train-hand injured, without fault on his part, by negligence of coem- 
ployees, may recover: 71 Ga. 406. 

Trespasser, one getting on pay-train without authority, held trespasser ; duty 
of such person and rule of liability of railroad considered : 66 Ga. 252. Per- 
son crossing inclosed grounds of railroad not trespasser, where made neces- 
sary by train blocking highway unreasonable time: 84 Ga. 698. Stranger, 
walking in private yard of railroad, bound to extraordinary diligence to avoid 
injury: 85 Ga. 447. Plaintiff attempting to climb over bumpers of train, ob- 
structing public crossing, not recover, when : 86 Ga. 192. Intruder on railway 
must exercise ordinary diligence as to his own safety : 92 Ga. 89. Boy stealing 
ride on street-car is trespasser — knowledge and assent, by those in charge, so 
as to avoid this rule, not shown here : 91 Ga. 345. Water thrown from engine on 
boy stealing ride on tender, causing him to jump, whereby he was injured, 
negligence for jury : 78 Ga. 35. 

Unusual, noises, as to liability for : 77 Ga. 788. No liability for unique in- 
jury, due diligence appearing: 84 Ga. 651. 



(Kf; 



§§2324, 2325 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 8. 190 

Injuries by railroads. 

Variance, fatal here: 83 Ga. 759; 86/623. 

Verdict: See also "Measure of Damages." Against company not author- 
ized here : 92 Ga. 760. Presumption rebutted here, and second grant of new 
trial was proper : 83 Ga. 669. Presumption not overcome here : 90 Ga. 492 ; 
and verdict against company was wrong : 89 Ga. 455 ; 94/352. Verdict for plain- 
tiff proper here : 92 Ga. 494. Verdict not warranted, presumption rebutted by 
uncontradicted testimony exonerating railroad : 84 Ga. 112 ; 78/714 ; 77/789 ; 
73/5. Jury cannot reject testimony of employees of railroad, in absence of 
anything to discredit or contradict it : 80 Ga. 202 ; 92/522. 

Washout, sudden, from unprecedented rainfall, act of God, and company 
not liable for wreck : 87 Ga. 402. 

Which road, railroad not liable to its engineer sent to haul on another com- 
pany's road, for defect in track of which employer had no knowledge: 
81 Ga. 136. Company owning track chartered by public law, engineer bound 
to know who owned franchise : 81 Ga. 136. Railroad company does not avoid lia- 
bility by leasing its road, etc., to another: 70 Ga. 464. Which road liable; 
election to sue, where stock killed on tracks of one by train of another: 
75 Ga. 645. Employee of one road's train, injured on track of another, is not 
latter's servant, and can recover of latter only for defects in track : 79 Ga. 234. 
Track in city used by several railroads, though exclusive property of one, is 
for the time track of company using it ; proprietary company not liable to its 
employees for negligent use by another company : 79 Ga. 489. Railroad com- 
pany liable for injuries caused by other persons operating its road by its 
permission : 85 Ga. 482. Liable for injury to passenger resulting from derail- 
ment of train of another railroad company using tracks of company sued, 
when : 49 Ga. 355 ; 93/488. Where one railroad was liable to train-hand of 
another company using its track, on account of negligence in not keeping sig- 
nal-ropes near bridge in good condition : 87 Ga. 722. 

Wreck, from washout caused by unprecedented rainfall, was act of God, and 
company not liable : 87 Ga. 402. 

Act io3 895 ' §2324. Receiver's liability to employees. The liability of receivers, 
^2333°' 4900, trustees, assignees, and other like officers operating railroads in this 
State, or partially in this State, for injuries and damages to per- 
sons in their employ, caused by the negligence of coemployees, 
shall be the same as the liability now fixed by the law governing the 
operation of railroad corporations in this State for like injuries and 
damages; and a lien is hereby created on the gross income of any 
such railroad while in the hands of any such receiver, trustee, 
assignee, or other person, in favor of such injured employees, 
superior to all other liens against defendant under the laws of this 
State. 

Formerly receivers running railroads were not liable for injury by one 
employee to another: 55 Ga. 481 ; 56/376. 

Actsi895, §2325. Suits, how and where brought. Suits may be brought against 
$2384. cither of such officers in the same county, and service may be per- 
fected by serving them or their agents in the same manner as if the 
suit had been brought against the corporation whose property or 
franchise is being operated by them, and all such suits may be 
brought without first having obtained leave to sue from any court.. 



191 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 9. §§2326-2328 

Rolling-stock of railroads. 

As to suits against receiver of railroad appointed by United States Court : 
91 Ga. 781. 



SECTION 9. 

ROLLING-STOCK OF RAILROADS. 

§2326. Contract for conditional sale of rolling-stock , etc. Any person Act f 8 g 8 
or corporation may make a contract in writing with any railroad § 2776 - 
company or person owning or operating a railroad in this State to 
furnish said company or person with rolling-stock or other equip- 
ment, deliverable either immediately or subsequently at stipulated 
periods; by the terms of which contract the purchase money for 
said property, in whole or in part, is to be paid thereafter, and in 
which contract it may be agreed that the title to the property so 
sold or contracted to be sold shall not pass to or vest in the vendee 
until the purchase money for the same shall have been fully paid, 
notwithstanding the delivery of such property to and the possession 
of the same by the vendee; but that until said purchase money 
shall have been fully paid, the title to said property shall remain in 
said vendor and his or its assigns. 

§2327. Contracts for the lease of rolling-stock. The manufacturer, 
owner or assigns of any railroad equipment or rolling-stock may 
make a written contract for the lease of such ■ equipment or rolling- 
stock to any railroad company or person owning or operating a rail- 
road in this State; and in such contract it shall be lawful to stipu- 
late for a conditional sale of said property to the said lessee on the 
termination of such lease, and to stipulate that the rental received 
for said property may, as paid, or, when fully paid, be applied and 
treated as purchase money, and that the title to such property shall 
not vest in such lessee or vendee until the amount of such purchase 
money shall have been paid in full to the lessor or vendor, or to his 
or its assigns, notwithstanding the delivery of such property to 
and possession of the same by such lessee or vendee, but that until 
such purchase money shall have been fully paid, the title to such 
property shall remain in said lessor or vendor, or in his or its assigns. 

§2328. Validity and record of contracts. Every such contract hereby 
authorized shall be good, valid, and effectual to retain the title to 
said property in said vendor or lessor, or in his or its assigns, 
as against the said vendee or lessee, and against all persons 
claiming thereunder. Such contracts, if made within this State, 
shall be executed in the presence of, and attested by, or be proved 
before a notary public, or justice of any court in this State, or a 
clerk of the superior court. If made without this State, it shall be 
executed in the presence of, and attested by, or proved before a 



2329, 2330 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 10. 192 

Liens against railroads. 

commissioner of deeds for the State of Georgia, or a consul or vice- 
consul of the United States (the certificates of the foregoing officers, 
under their seals, being evidence of the fact), or by a judge of a 
court of record in the State where executed; such contract shall be 
recorded within six months after the date of its execution, in the 
office of the clerk of the superior court of the county where is situ- 
ated the principal office, in this State, of the said railroad company. 
Eacli locomotive engine and each car so sold, or contracted to be 
sold or leased, as aforesaid, shall have the name of the vendor or 
lessor, or the assignee of such vendor or lessor, plainly placed or 
marked on the same, or be otherwise so marked as to plainly indi- 
cate the ownership thereof. 



SECTION 10. 

LIENS AGAINST RAILROADS. 

Acts 1893, §2329. Lien for ivages of railroad employees. The amounts due em- 
$2787. ployees by any railroad company for wages earned by service ren- 
dered to said railroad company shall constitute a lien upon the 
railroad and other property of said railroad company, and shall 
be superior in dignity to the lien of any mortgage or other contract 
lien executed or created by said railroad company since December 
13th, 1893: Provided, that no employee shall be entitled to said lien 
under this section to an amount exceeding five hundred dollars. 

§2330. Receiver or trustee to pay. Whenever any railroad has been 
seized by any order or process from any court appointing a receiver 
for said railroad company, it shall be the duty of the judge presid- 
ing in said court to order payments on account of liabilities specified 
in the preceding section to be made out of any funds of said company 
available for said purpose, so soon as the amount of said liabilities 
is liquidated, and if the same are disputed, then so soon as they can 
be judicially ascertained, and without awaiting the final judgment 
in said cause. And whenever any railroad has been seized by any 
trustee or other person by authority of any provision in any trust 
deed or other conveyance to secure debt, it shall be the duty of said 
person so seizing said railroad to pay said liabilities out of the first 
moneys coming into his hands, so soon as the amount of the same 
can be ascertained, or determined judicially or otherwise. And in all 
cases where a railroad has been seized as last aforesaid, the persons 
having such claims of liabilities shall have the same right to proceed 
against said property to collect and secure the amount due on ac- 
count of said liabilities, as if said railroad had not been seized by 



193 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 10. §§2331-2333 

Liens against railroads. 

any trustee or other person under .said trust deed or other con- 
veyance for the security of debt. 

§2331. Liens for supplies and live stock. All persons furnishing mate- Act | !894, 
rial, supplies, or other articles necessary to the operation of any rail-$ 2787 - 
road company which is operated in this State, and all persons having 
claims against such company for live stock killed by its engines or 
cars, shall have a lien upon the property of the company for the 
amounts due for such supplies, material, or other necessary articles 
furnished within six months preceding the institution of proceedings 
to enforce the same, for the amounts due to them for damages for 
the killing of such live stock, which lien shall be superior in dig- 
nity to any mortgage or other contract lien created by said rail- 
road company. 

§2332. Such liens not defeated by receivership or other seizure. When- $ 4eo °- 
ever any railroad in operation in this State has been put in the 
hands of a receiver by any court in this State, it shall be the duty 
of the presiding judge to order the payments on account of the lia- 
bilities specified in the preceding section, out of the income of the 
property available for that purpose, so soon as the amounts afore- 
said have been liquidated, or, if disputed, have been judicially ascer- 
tained, without awaiting the final judgment in said cause. When- 
ever such railroad shall be seized by a trustee or other person than 
through the instrumentality of a court of justice, it shall be the 
duty of such person so seizing said railroad to pay the liabilities 
aforesaid out of the first moneys arising from the operations of the 
road next after the payments due for wages of employees and other 
claims superior in dignity to the claims aforesaid. No such seizure 
by such trustee or other person, other than through a court of jus- 
tice, shall have the effect to prevent proceedings against the railroad 
property, on the part of persons having such claims, to collect and 
secure the same by due process of law. 

§2333. (278 a.) Duties of receivers of railroads. In all cases where Act ^ 876, 
the business of any corporation operating a railroad, either wholly 18 /p"|^ 8 
or partially in this State, shall, by an order or decree of any court, Jjf Q - 
be placed in the hands of a receiver for the benefit of the creditors or 
stockholders of said corporation, it shall be the duty of said receiver 
to apply the income of said railroad to the payment of the incidental 
expenses necessary to the carrying on said business, which shall in- 
clude the wages of employees, wood, cross-ties, and other material 
furnished, and which may be necessary for conducting said business, 
and keeping the property in repair, and the damages which may arise 
from the loss or injury to goods, wares and merchandise received by 
said road for transportation, and for injuries to persons and property, 
caused by the running of the cars on said road, and for which said 
road is now liable as common carriers by the laws of this State; and 
13 



§ 2334 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 11. 194 



Suits against railroads. 



a lien is hereby created on the gross income of said road, while in 
the hands of such receiver, in favor of such creditors or claimants, 
superior to all other liens under the laws of this State. If said re-' 
ceiver should be removed, or a vacancy occur in said office and a 
successor be appointed, it shall be his duty to pay the liens herein 
provided for, according to their date, out of any funds in his hands 
as such receiver, whether such liability occurred before or after his 
appointment. 



fy* &0VC 



SECTION 11. 

SUITS AGAINST RAILROADS. 

Acts 1892, §2334. (3406.) Roads must be sued where action originates. All rail- 
$$1863, 2325. road companies shall be sued in the county in which the cause of ac- 
tion originated, by any one whose person or property has been injured 
by such railroad company, its officers, agents or employees, for the 
/7/yu,' fiff-'J*'! purpose of recovering damages for such injuries; and also on all 
. i contracts made or to be performed in the county where suit is 

brought; any judgment rendered in any other county than the one 
in which the cause so originated shall be utterly void. But if the 
cause of action arises in a county where the railroad company liable 
to suit has no agent, then suit may be brought in the county of the 
residence of such company. 

Provision of this section making railroad suable in county where injury oc- 
curs, merely cumulative, not exclusive: 90 Ga. 519. But see 96 Ga. 655. 

Act of 1856 did not apply to the W. & A. Railroad : 23 Ga. 436. Under Act 
of 1850 (Cobb, 341) ; 24 Ga. 356, 357. Prior to 1859, suit against, for breach of 
contract where business office of corporation kept: 30 Ga. 135. Action of 
trespass against a railroad should have been in county where its principal 
office was : 35 Ga. 144. Under Act of 1869, in county where trespass committed : 
54 Ga. 251. By injury from hand-car , in county where injury occurred : 38 Ga. 222. 
Suit against M. & W. P. Railroad where cause of action originated in Alabama: 
39 Ga. 554. Section referred to and construed : 52 Ga. 415 ; 53/501 ; 49/374 ; 
50/306. Must be regular action in superior court for killing stock, and mere 
service, written notice and filing with clerk will not do: 51 Ga. 244,245. 
Against a railroad for goods destroyed by fire, in county where they were de- 
stroyed : 54 Ga. 499. 

Railroad acquires this breadth of residence so soon as line defined and con- 
struction commenced ; once acquired, not lost by abandonment of work in 
that county, or even of whole enterprise : 94 Ga. 780. 

Action against railroad company, in county of performance, for breach of 
contract, not amended by count ex delicto for cause originating in another 
county : 68 Ga. 644. 

Railroad company must be sued in county of principal place of business, or 
where subject-matter and locality of cause of action give jurisdiction : 69 Ga. 
763. 

No issue as to venue, where no plea to jurisdiction : 71 Ga. 406. 



195 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 11. §2335 



Suits against railroads. 



Supreme Court will judicially notice that a city is in a certain county : 71 
Ga. 406. 

Homicide in another State on railroad owned and operated by Georgia com- 
pany, actionable here : 73 Ga. 651 citing 68 Ga. 572. 

Railroad lying partly in Georgia, lessee suable here for injury to employee, 
sustained in Alabama : 91 Ga. 222. 

Brakeman on interstate train can sue in Georgia for injury sustained in 
Alabama, service being made as on domestic corporation : 87 Ga. 264. 

Jurisdiction not denied because railroad had no agent there, on whom serv- 
ice might be perfected : 75 Ga. 398. 

Venue need not be proven, unless jurisdiction properly denied : 77 Ga. 584. 

Proof of injury between two post-offices, in same county, establishes venue in 
county where located : 77 Ga. 584. 

Widow may sue for homicide of husband in county where it occurred : 79 Ga. 
461. 

Superior court of county whence shipment made, and in which negligence 
as to carriage of live stock began, had jurisdiction : 87 Ga. 734. 

Venue of action against Central Railroad for refusal to issue through bill 
lading via Albany (its terminus) to point on connecting line, lay in county 
where refusal occurred, or in county of defendant's residence, not in Dough- 
erty county : 82 Ga. 149. 

Railroad extending through several counties, may be treated by legislature 
as residing in each : 91 Ga. 223. 

Declaration here substantially alleged that railroad of defendant was wholly 
or partly in county where suit brought : 91 Ga. 520. 

Railroad company suable in county where cause of action arose, if road runs 
through or located in said county : 91 Ga. 521, 522. 

Section applicable to receiver of railroad company, appointed by United 
States Court: 91 Ga. 781. 

Superior court of interstate railroad company's residence may decree mort- 
gage foreclosure, directing receiver, mortgagee, and mortgagor to execute deed 
to whole property : 94 Ga. 307. 

§2335. (3407.) Lessees liable to suit. The lessees of any railroad, Acts ^ 8 J§ 
or the person, or persons, or company having possession of the same, lm \l\ 
shall be liable to suit of any kind in the same court or jurisdiction 
as the lessors or owners of the railroad were before the lease. 



There also exists a right to attach, notwithstanding this law : 48 Ga. 533, 536. 

Foreign corporation, using franchises of a corporation made suable in Geor- 
gia by law, itself suable in Georgia: 87 Ga. 263. 

Nonsuit granted where one railroad company sued, evidence showing dam- 
age by embankment, etc., of another, although company sued was lessee of 
railroad of other : 53 Ga. 501 ; 69/763. 

Lessor railroad is liable for acts of lessee, although authorized by legislature 
to lease, without express exemption from liability : 70 Ga. 464. 

Lessee railroad is common carrier over leased line, and accordingly liable in 
damages in respect thereof : 74 Ga. 685. 

Proof that lessee used and controlled road, sufficient to maintain action for 
damages : 77 Ga. 584. 

No necessity to make lessor a party defendant, in suit for damages, under 
section 2212 of Code : 77 Ga. 804. 

Not applicable to Nashville, Chattanooga and St. Louis Railway Company 
as lessee of Western and Atlantic Railroad : 91 Ga. 24, 25. 



'.J' 



§§2336-2338 SECOND TITLE.— CHAP. 2, ART. 6, SEC. 11. 196 

Suits against railroads. 

Lease not set out, but allegations sufficient to charge defendant as lessee : 
91 Ga. 222. 

Lessee, foreign corporation, with principal office in Geoi*gia, suit where 
brought. This section valid : 91 Ga. 222. 

Applies to foreign as well as domestic corporations : 90 Ga. 524. 

Fact of lease proved without producing the paper : 74 Ga. 452. Nothing in 
the writing could bind the public : 74 Ga. 452. 
Act | 9 1884 " 5 ' §2336. Service on lessee road. When any person or corporation is 
§§1899, 1863. guec [ as lessee of a railroad, service of writ, summons or other proc- 
ess, by delivering a copy thereof to the depot agent or other officer 
of such lessee in the county where suit is pending, or by leaving a 
copy at the place of transacting the usual and ordinary public business 
of such lessee in said county, shall be deemed sufficient service. 

Leaving copy with depot agent not good service on individual lessee: 
66 Ga. 558. In suit against lessee, entry of service on depot agent sufficient. 
Not necessary for such entry to show deposit and mailing letter to j>resident : 
69 Ga. 268. 
^ Ct i37 889 ' §2337. Service on leasing railroad. Whenever any railroad com- 
pany incorporated under the laws of this State, or whose line of 
road may extend into this State, may have leased their line of road 
to any person or corporation, and if said lessee or lessees are in pos- 
session of said road, service on such leasing company may be per- 
fected as follows: The plaintiff shall file with the clerk of the court, 
judge of the county court, or justice of the peace, where such suit is 
commenced, a notice in writing, directed to the president of the 
leasing company, informing him fully of the pendency of such suit 
and its nature, which shall be enclosed in a stamped envelope, to be 
furnished by and at the expense of the plaintiff, and sent by said 
clerk, county judge or justice through the mail to the president of 
the leasing company, at his residence, at least fifteen days before 
the appearance term; and said clerk, judge or justice shall, in addi- 
tion, deliver to the sheriff or constable a copy of the writ or sum- 
mons, who shall serve the same on the depot agent of said lessees, 
and make return thereof as in other cases. 

"Leasing company" means company whose line is leased: 76 Ga. 757. 

§2338. If president's address unknown. If the residence of the 
president of the leasing company is unknown to the party and to his 
attorney bringing such suit, an affidavit showing the fact, filed, to- 
gether with the declaration, shall be sufficient, instead of notice to 
the president, required in the preceding 'section: Provided, that the 
plaintiff shall not be compelled to bring suit against any such lessee 
and give the notice as herein provided, but may do so at his option; 
but when such notice is given to the lessee, the judgment rendered 
in said suit shall be as binding upon the lessee as though service had 
been made as now provided by law for service upon railroad com- 
panies. 

Compare "lessee" in this section with "leasing company" in section 2337: 
76 Ga. 757. 



197 SECOND TITLE.— CHAP 2, ART. 7, SEC. 1. §§2389-2341 

Telegraph companies, their incorporation. 

ARTICLE 7. 

TELEGRAPH COMPANIES. 



SECTION 1. 

THEIR INCORPORATION. 

§2339. Telegraph companies, how incorporated. All corporate pow- $$2217, 2237. 
ers and privileges hereafter granted to telegraph companies in this 
State shall be granted in the manner following: 

§2340. Declaration filed with secretary of State. Whenever any Actsl893 > 
number of persons, citizens of the United States, not less than five, 
shall propose to form a corporation for constructing, equipping and 
operating any telegraph-line, or for carrying on the business of 
telegraphy, they shall make and file in the office of the secretary of 
State a written declaration to that effect, under their hands and 
seals, duly attested in the same manner as is required by law for 
the attestation of deeds to land in this State, setting forth the name 
of the corporation proposed, the object for which it is formed, its 
proposed capital stock, the number of shares of such capital stock, 
the places from and to which such telegraph-line is intended to be 
constructed, equipped and operated, or if already constructed, then 
the place from and to which the same is intended to be operated, 
giving as nearly as practicable the county or counties, as well as the 
cities, towns and villages through which it may or does pass; the 
location of the principal office thereof, which shall be in this State; 
the time of commencement and duration of said corporation, which 
shall not exceed fifty years; the name and the residence of each ap- 
plicant. Said applicants shall then pay to the treasurer of the 
State a fee of one hundred dollars, and file with the secretary of 
State the treasurer's certificate of the fact of the payment of such 
fee. The secretary of State shall then issue to said applicants a 
license as commissioners to open books of subscription to the cap- 
ital stock of said corporation at such times and places as a majority 
of said commissioners may determine after having given public 
notice of the same in one or more of the public gazettes of this State 
for at least two weeks. 

§2341. Meeting of subscribers for organization, etc. As soon as may 
be after the capital stock shall have been fully subscribed, the com- 
missioners shall convene a meeting of the subscribers to the capital 
stock of said corporation, for the purpose of electing directors, and 
the transaction of such other business as may come before them. 
Notice thereof shall be given by depositing in the post-office, prop- 



2342, 2343 SECOND TITLE.— CHAP. 2, ART. 7, SEC. 1. 198 

Telegraph companies, their incorporation. 

erly addressed to each subscriber, at least ten days before the time 
fixed, a written or printed notice stating the object, time and place 
of such meeting. In all elections for directors of the proposed cor- 
poration, each subscriber to the capital stock shall be entitled to 
one vote for each share of the capital stock subscribed for by him or 
her, which may be cast in person or by written proxy. 

§2342. Report of meeting of incorporators . The commissioners shall 
make a full report of their proceedings and of the proceedings of 
the meeting of the stockholders, including therein a copy of the no- 
tice provided in the preceding section, a copy of the list of sub- 
scribers, with a statement of their respective residences and the 
number of shares subscribed for by each, the names and residences 
of the directors elected at the stockholders' meeting, and their re- 
spective terms of office; which said report shall be sworn to by at 
least a majority of the commissioners and be filed with the secre- 
tary of State. The secretary of State shall thereupon issue a cer- 
tificate of the complete organization of said corporation, duly 
authenticated under his official signature and the seal of the State, 
and the same shall be recorded in his office in a book for that pur- 
pose, for which the usual recording fee shall be paid, and also in the 
office of the clerk of tJie superior court of the county in which shall 
be located the principal office of the corporation. The clerk of the 
superior court so recording such proceedings shall be paid by said 
corporation a fee of ten cents per one hundred words. Upon the 
recording of such proceedings in the manner hereinbefore required, 
said corporation shall be deemed fully organized and become and be 
duly incorporated under the corporate name set forth in the written 
declaration of file in the office of the secretary of State, and is 
then authorized to proceed to business. But unless such corporation 
shall have so completed its organization within two years after the 
date of the filing of the written declaration for that purpose in the 
office of the secretary of State, the license to the commissioners shall 
be held and deemed revoked and forfeited. 

§2343. Powers of corporation. Corporations created under and by 
virtue of the provisions of this Article shall exist and have and en- 
joy succession under their respective corporate names, and under 
such names, respectively, may make and enter into contracts, sue and 
be sued, purchase and hold such real, mixed or personal property as 
may be required for the purposes of said corporation within the 
scope of its business, and the same, with all rights and privileges 
therewith connected, to sell, alien, mortgage, pledge and convey or 
otherwise dispose of under the corporate name, and make and estab- 
lish such by-laws, rules and regulations for its government as may 
be requisite or necessary; to have and use a corporate seal, and the 
same to alter at pleasure, and to appoint such officers or agents as 



199 SECOND TITLE.— CHAP. 2, ART. 7, SEC. 2. §§2344-2347 

Construction of lines. 

may be necessary for the proper management of the affairs of such 
corporation. Such corporations shall also have power to erect and 
maintain telegraph and dispatch lines in and throughout the State 
of Georgia,' or elsewhere in the United States of America, with all 
necessary stations, offices, apparatus, improvements and machinery, 
and to employ the same with any new inventions which may from 
time to time be acquired, in the rapid transmission, for remunera- 
tion and profit, of information, messages and intelligence by means 
of electric agencies and magnetic telegraph, to and from the various 
places and stations on the telegraph-line of such corporation. 

§2344. Condemnation of private property. Such corporation shall ^ 4220 > 5266 - 
have the right and power to condemn land or other property neces- 
sary for the construction and operation of their telegraph-lines, 
which condemnation shall be made as provided in this Code. 



SECTION 2. 



CONSTRUCTION OF LINES. 



§2345. (3022.) Telegraph companies may occupy right of way of rail- ^ ct 6 s 9 1873 ' 
roads. Any person or any duly incorporated telegraph company hav- 
ing the right to do business in this State, shall have the right to 
construct, erect and maintain upon the right of way of the several 
railroad companies in this State, and along the lines thereof, their 
posts, fixtures, and wires, and to operate the same. 

As to Acts of 1872 and 1889 being unconstitutional : 46 Ga. 43 ; 86/104. 

Contract between railroad and telegraph company vesting in latter exclu- 
sive right to use former's right of way for telegraph purposes, void as against 
public policy : 65 Ga. 160. 

§2346. (3023.) Such occupation regulated. Said fixtures, posts and A p ct f 9 1873 ' 
wires shall be erected at such distances from the tracks of said rail- 
roads as will prevent any and all damages to said railroad compa- 
nies by the falling of said fixtures, posts or wires upon said railroad 
tracks; and such telegraph companies shall be liable to said railroad 
companies for all damages resulting from a failure to comply with the 
provisions of this section. 

§2347. Construction of telegraph-lines. Any telegraph company, A p ct f. 1 1 1 889, 
chartered by the laws of this or any other State of the United States, 
upon making due compensation, shall have the right to construct, 
maintain and operate telegraph-lines through or over any lands of 
this State, and on, along, and upon the right of way and structures of 
any railroads, and, where necessary, under or over any private lands 
in this State: Provided, that the posts, arms, insulators and other 
fixtures of such lines be so erected, placed and maintained as not to 



2348 SECOND TITLE.— CHAP. 2, ART. 7, SEC. 3. 200 

Suits against. 

obstruct or interfere with the ordinary use of such" railroads, or with 
the convenience of any landowners more than may be unavoidable. 



SECTION 3. 



SUITS AGAINST. 



A p Ct ii5 8801 ' §2348. (3412 a.) Telegraph companies, where suable. Whenever any 
51899. person may have any claim or demand upon any telegraph company 

having offices or more than one place of doing business in this State, 
it shall be lawful for such person or persons to institute suit against 
such telegraph company within the county where the principal office 
of such company is located, or in any county where such telegraph 
company may have an agency or place of business, or where such 
place of business was located at the time the cause of action accrued, 
or the contract was made, out of which said cause of action arose. 
In all suits brought under the provisions of this section, service 
shall be effected upon such telegraph company by leaving a copy of 
the writ with the agent of the company if any; if no such agent 
should be in the county, then at the agency, or place of doing busi- 
ness, where the same was located at the time such cause of action 
accrued, or the contract was made, out of which the same arose. 

General Note on Telegraph Companies. — (See notes on Corporations gen- 
erally, Chapter 1, ante.) Sender of message bound by rule of telegraph com- 
pany, printed on forms, as to time of presenting claim for damage : 85 Ga. 425. 
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. Message not delivered promptly, sendee could not 
recover because he lost mere opportunity to make something : 81 Ga. 285 ; 
94/202. 

Act of December 20th, 1892, whether violative of interstate -commerce 
clause of Federal Constitution : 90 Ga. 254 ; 93/352. As to whether telegraph 
company is common carrier: 68 Ga. 299, 307 ; is not exactly, as regards notice, 
or notice of value of what they receive for transmission : 73 Ga. 285. Value 
of message implied from terms: 68 Ga. 300. As to transmission of message, 
is bailee for hire ; damages for failure to transmit, etc. , as directed : 58 Ga. 433 ; 
If necessary to proper transmission of message, should repeat it: 68 Ga. 299; 
71/760. Not liable for mental suffering from failure to deliver message in 
time to enable one to go to dying brother: 88 Ga. 763. Message delivered to 
sendee admissible in evidence in suit for penalty, etc. : 92 Ga. 619; 93/353; 
94/431 ; see 94/430. Company is agent of sender, and sender bound by propo- 
sition transmitted: 71 Ga. 760. Limitation of liability in heading of blank, 
not excuse negligence : 68 Ga. 300; 71/760. Negligence in transmitting mes- 
sage, liability for, and measure of damages: 68 Ga. 300; 71/760; 83/401; 
90/254; 91/801. Claim presented in sixty days to resident agent of foreign 
company, sufficient: 68 Ga. 300; 85/426. Stipulation in blank that claim for 
damages must be presented within sixty days, reasonable and obligatory: 



201 SECOND TITLE.— CHAP. 2, ART. 7, SEC. 3. §2348 

Suits against. 

85 Ga. 426 : 94/339. Stipulation against liability if claim not made in sixty 
days binds sender and receiver where telegram concerns business of both : 
90 Ga. 254. Company liable for change in message in transmission ; what 
will relieve company for failure to transmit it : 73 Ga. 522. Stipulation in 
blank that messenger-boy agent of sender, binding, and company not liable 
unless message got to office : 92 Ga. 613. Not liable for damages from mistake 
in transmitting message relative to "future" contract : 83 Ga. 25. But liable 
for penalty under Act of 1887 : 87 Ga. 350. Rule of telegraph company as to 
time of presenting claim, immaterial where default sued for is failure to start 
message : 94 Ga. 436. Cipher message must be delivered in reasonable time : 
73 Ga. 285. Act of 1889, to encourage construction of telegraph lines, etc., 
only applies to lines thereafter constructed ; constitutionality considered : 

86 Ga. 104. Plaintiff recovered here damages and statutory penalty, for failure 
to deliver message : 89 Ga. 484. 

Penalty Act of 1887, suits under, are qui tarn actions: 92 Ga. 620; 95/809. 
Privity of contract with defendant not essential : 92 Ga. 620 ; 95/809 ; 84/408 ; 
87/350. Act strictly construed ; sendee cannot recover penalty unless sender 
prepaid or tendered charges : 88 Ga. 777 ; 94/336. No recovery where sender 
tendered charges and then withdrew tender and sent the message collect : 

93 Ga. 543. Whether payment to messenger-boy, payment to company: 93 
Ga. 543. Refunding charges prepaid for message, no defense to action for 
penalty, when : 84 Ga. 419 ; 93/494; 94/434. Justices' courts had no jurisdic- 
tion of ; the penalty is not for breach of contract, but public duty : 84 Ga. 408. 
County court had jurisdiction : 92 Ga. 360 ; see also 94 Ga. 433, 434. Not re- 
pealed by Act of November 12th, 1889, as to telegraph companies; in suits 
under, conditions on telegram-blanks not apply : 86 Ga. 104. Right of action 
for penalty barred within one year : 86 Ga. 503. No defense to action for pen- 
alty that message related to "future" contract : 87 Ga. 350. Whether violates 
interstate-commerce clause United States Constitution, as to telegrams sent 
into Georgia from another State : 90 Ga. 254 ; 93/352, 353 ; 95/806 ; or from Geor- 
gia to another State, where message never transmitted, etc.: 94 Ga. 436; 
95/194. Failure to transmit and deliver promptly, message on Sunday, not 
subject company to penalty here: 91 Ga. 252, 449. Message addressed to 
wrong street number, company should exercise reasonable diligence in ascer- 
taining true address : 92 Ga. 607. Act did not relate to accuracy in sending and 
transcribing messages : 92 Ga. 611 ; 94/424. Message delivered marked "paid," 
jury could find it was prepaid : 92 Ga. 619 ; such marking may be contradicted : 

94 Ga. 336. As to duty to deliver messages to non-residents of city where 
message sent : 87 Ga. 613 ; 93/345. Liable for penalty for failure to transmit 
promptly, although sendee a non-resident: 88 Ga. 538.. Liable for failure to 
deliver, where non-resident called for message at office: 93 Ga. 350. Act was 
applicable where company received message from another company : 92 Ga. 619 ; 
unless joint default alleged, the two companies cannot be joined: 94 Ga. 442. 
No case set out here, in suit for penalty for failure to transmit and deliver 
message from without State : 89 Ga. 754. Stipulation in blank, that claim for 
damages must be made within sixty days, not applicable to penalty : 90 Ga. 254 ; 
94/339; 86/104. Such stipulation as to penalty, void: 94 Ga. 338. Want of 
diligence sufficiently alleged : 94 Ga. 441. Amendment alleging residence of 
sendee allowed : 94 Ga. 442. As to office hours of company's agent, in de- 
fense of action for penalty in failing to deliver promptly : 94 Ga. 445. Repeal 
of penalty Act abated pending suits : 95 Ga. £09. 



§§2349, 2350 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 1. 202 

Corporations created by superior court, how incorporated. 

ARTICLE 8. 

CORPORATIONS CREATED BY SUPERIOR COURT. 






SECTION 1. 

HOW INCORPORATED. 



Actsi887, §2349. Special terms to grant charters. The judges of the superior 
courts of this State are authorized in their discretion to call and 
hold special terms of said courts for the purpose of granting charters 
to corporations. 

Constitutional : 95 Ga. 573. In granting charters the court acts in a legis- 
lative rather than a judicial capacity : 78 Ga. 318. 

There is no provision authorizing third persons to object to the grant of 
corporate powers : 78 Ga. 318. 

Nor is there any provision for review by writ of error : 78 Ga. 318 ; com- 
pare, however, 54 Ga. 673. 

Act fJ, 878 " 9 ' §2350. (1676.) Superior courts may create what corporations. The 
$$1835, 5780. superior courts of this State shall have power to create corporations, 
except for banking, insurance, railroad, canal, navigation, express, 
and telegraph companies, by compliance with the following provi- 
sions: 
Acts 1890-1, 1. The persons desiring the charter shall file in the office of the 
1889, p. 160. c i er k of the superior court of the county in which they desire to 
transact business, a petition or declaration, specifying the object of 
their association, and the particular business they propose to carry 
on, together with their corporate name, and the amount of capital 
to be employed by them actually paid in, and their place of doing 
business, and the time, not exceeding twenty years,, for which they 
desire to be incorporated; which petition or declaration shall be pub- 
lished once a week for four weeks in the nearest public gazette to the 
point where such business is located, before said court shall pass an 
order declaring said application granted. After the granting by the 
court of the order of incorporation, the petition and said order shall 
be recorded together by said clerk in a book to be kept for that pur- 
pose, to be known as "The Record of Superior Court Charters," and 
which shall be kept appropriately indexed by said clerk; but this 
shall not dispense with the recording of the order of incorporation 
upon the minutes of the court also, as a part of the proceedings of 
the court. And it may be lawful for any association of churches to 
be chartered for the purpose of promoting the cause of the Christian 
religion, charity, or education, by complying with the provisions of 
this section, except that they need not state the amount of capital 



203 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 1. §2350 

Corporations created by superior court, how incorporated. 



to be used by them actually paid in, and when the meetings of said 
association are ambulatory, they shall not be required to set forth 
their place of business: Provided, that said association may be char- 
tered in any county in which a church belonging thereto may be 
located. And paragraph 3 of this section shall not apply to such 
corporations, and the publication of notice required shall be in the 
nearest public gazette to the county where the application is made. 

Those desirous of being incorporated under this section must specify the ob- 
jects, business, and amount of capital to be employed and paid in : 54 Ga. 673. 

Petition not detailing purposes, but name taken indicating business, and 
object appearing, charter valid : 79 Ga. 439. 

A fundamental condition precedent to grant of charter is that application 
state amount of capital actually paid in : 73 Ga. 440. 

2. If, upon hearing such petition, the court shall be satisfied that 
the application is legitimately within the purview and intention of 
this Code, it shall pass an order declaring the said application 
granted, and the petitioners and their successors incorporated for and 
during a term not exceeding twenty years, with the privilege of re- 
newal at the expiration of that time, according to the provisions 
above set forth. A certified copy of this petition and order, under 
the seal of the court, shall be evidence of such incorporation in any 
court in this State. 

Petition failing to set forth the objects of the corporation, yet this being set 
forth in the judge's order, cures that defect : 54 Ga. 474. Superior court of 
Georgia cannot incorporate a manufacturing company under the Constitution 
of 1868 : 55 Ga. 639. Nor can it grant charter to a railroad company : 93 Ga. 53. 

Acceptance of charter is presumed from the application, when granted: 
71 Ga. 106. 

3. No corporation created under this section shall commence to §§ 1975 > 1856 - 
exercise the privileges conferred by the charter, until ten per cent. 

of the capital stock is paid in; and no charter shall have any force 
or effect for a longer period than two years, unless the corporators, 
within that time, shall in good faith commence to exercise the pow- 
ers granted by the act of incorporation; and, in case of the failure 
of said corporation, the stockholders shall be bound, in their private 
capacity, to any creditor of said corporation for the amount of stock 
subscribed for by them, until the said subscription is fully paid up, 
or until the stockholder shall have paid, out of his private property, 
debts of the said corporation to an amount equal to his unpaid sub- 
scription. 

In the event of the failure of the corporation, the stockholders are bound in 
their individual capacity to any creditor to the amount of stock subscribed : 42 
Ga. 579. When equity will compel the payment of the stock subscription : 56 
Ga. 191-195. But a stockholder cannot set off a debt he has bought up against 
the corporation, as a defense to a suit pending by a creditor against him ante- 
rior to his purchase : 60 Ga. 174. 



§2351 



SECOND TITLE.— CHAP. 2, ART. 8, SEC. 2. 



204 



Schools, churches, societies, etc. 



Acts 1876, 
p. 33. 



This law applies, not to corporations created by legislature, but to those 
created by the courts : 71 Ga. 106. 

Acts of corporation, before full amount of stock subscribed and ten per cent, 
paid in, are ultra vires and void : 75 Ga. 14. 

May organize and collect subscriptions before ten per cent, paid in : 95 Ga. 
573. 

Amendment to charter changing name of corporation, not so material as to 
release subscriber : 85 Ga. 238. 

Settlement with, and release of, one subcriber to corporation, as to unpaid 
subscription, not release another, unless increased liability : 85 Ga. 238. 

Fraud between corporation and subscriber, not defeat action, for benefit of 
creditors, to collect unpaid^ subscription : 85 Ga. 238. 

Charter of loan and building association granted by superior court, October 
term, 1866, expired by statutory limitation, October, 1886: 91 Ga. 238. 

4. The clerk of the court, for his services, shall receive the usual 
fees allowed for similar services in other cases. 

5. Corporations thus created may exercise all corporate powers 
necessary to the purpose of their organization, but shall make no 
contract or purchase, or hold any property of any kind, except 
such as is necessary in legitimately carrying into effect such pur- 
pose, or for securing debts due to the company. 

6. The powers conferred in this section shall extend to the amend- 
ment of all charters contemplated in said section, whether the 
original charter sought to be amended was originally granted by the 
General Assembly of the State, or by a superior court of this State. 

Cited, as to amending legislative charter: 71 Ga. 123. 




Acts 1884-5 
P 



58. 



I / 



SECTION 2. 



SCHOOLS, CHURCHES, SOCIETIES, ETC. 



§2351. (1676 a.) Incorporation of schools, churches, etc. The supe- 
rior court, upon the petition of one or more discreet and proper per- 
sons, showing that a school, academy, college or church has been, or 
is about to be, established in the county where such court is sitting, 
and asking for corporate authority to enforce good order, receive 
donations, make purchases, and effect all alienations of realty and 
personalty, not for the purpose of trade and profit, but for promot- 
ing the general design of such institution, and to look after the 
general interest of such establishment, may grant such person or 
persons and their legal successors such corporate powers as may be 
suitable and not inconsistent with the laws of this State, nor viola- 
tive of private rights, the charter so granted to remain of force 
twenty years, unless sooner revoked by law; and upon petition by 
the corporators, or their legal successors in charge of any such in- 
stitution, however and whenever incorporated, the superior court of 



205 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 2. §§ 2352, 2353 

Schools, churches, societies, etc. 

the county where the same is located shall have power to amend the 
charter thereof in any way prayed for: Provided, the same is not 
contrary to the laws of this State nor violative of private rights. 
The cost of recording such proceedings on the minutes shall be paid 
by the petitioners, and a certified copy of the same, under the seal 
of the court, shall be sufficient evidence in any case of the corpo- 
rate powers and privileges so granted. 

Trustees of church, appointed by court, have prima facie right to protect 
trust against improper diversion : 66 Ga. 198. 

Academy no less public because independent of public-school system ; its 
trustees have no beneficial interest in its funds, but only naked power resum- 
able at State's pleasure: 90 Ga. 647. 

Church edifice and land upon which it stands may be subjected to church 
debt : 86 Ga. 485. 

Church property not liable here for fixtures furnished without authority of 
trustee : 70 Ga. 642. 

§2352. To revive the charters of such corporations. In all cases where Acts i88», 
the charter of a corporation, created for library, church, charitable, 
school or educational purposes, may have heretofore expired, or may ^ ^ 

hereafter expire, such corporation may be revived for the same pur- 
poses at any time within three years after the expiration of its char- 
ter, by the superior court of the county In which the former charter 
was granted. The application for reviver may be made by the 
former corporators, or trustees, or any of them, and the application 
and all proceedings thereon shall be as prescribed by law for making 
application and proceedings thereon in cases of similar and original 
charters. The corporation, as revived, shall stand clothed with all 
the powers, and possessed of all the rights, and be subject to all the 
debts, liabilities and burthens of the old corporation which is 
revived in it. 

§2353. (2343.) Conveyance to churches, etc., confirmed. All deeds A ct i805, 
of conveyance heretofore made, and which may hereafter be made, § 3194 - ' 
to any person or persons, for any lots of land within this State, 
to any church or religious society, or to trustees for the use of such 
church or religious society, for the purpose of erecting churches or 
meeting-houses, are, and shall be deemed and taken to be, good and 
valid, and available in law for the intents, uses and purposes con- 
tained in said deeds of conveyance; and all lots of land so conveyed 
shall be fully and absolutely vested in such church or religious 
society, or in their respective trustees, for the uses and purposes in 
said deed expressed; to be holden to them, or their trustees, for 
their use by succession, according to the mode of church govern- 
ment, or rules of discipline exercised by such churches or religious 
societies respectively. 

Conveyance to E., bishop, for use of Protestant Episcopal Church, etc., in fee 
simple ; trust attached to office of bishop : 69 Ga. 564. 



§§2354-2357 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 2. 206 

Schools, churches, societies, etc. 

Original corporation which owned Savannah Christ Church having passed 
away with British rule, legal title remained in abeyance and vested in suc- 
cessor: 82 Ga. 665. 

Where deed from church members passed no title to church lands : 87 Ga. 158. 

A Cobb° 5 899 §2354. (2344.) Trustees, to whom subject. All trustees to whom 
^iiw' 5 ' 1885 ' conveyances are or shall be made, for the purposes expressed in the 
preceding section, shall be subject to the authority of the church or 
religious society, for which they hold the same in trust, and may be 
expelled from said trust by such church or society, according to the 
form of government or rules of discipline by which they may be 
governed. 
Acts 1884-5, §2355. (2345.) Failure to record certificate of appointment. Every 
$3194. church or religious society is authorized to fill all vacancies which 
may happen in the said trusts by death, removal, expulsion or 
otherwise; and when any vacancy shall be filled the same shall be 
certified under the hand or hands of the person presiding in the 
society, and according to the form of government or discipline 
practiced by said church or society, which certificate shall express 
the name of the person appointed to fill the vacancy and the name 
of the person in whose place he shall be appointed; and the said cer- 
tificate being recorded in the office of the clerk of the superior court 
of the county in which the land lies, the person so appointed to fill 
such vacancy shall be as fully vested with such trust as if a party to 
and named in the original deed: Provided, the failure so to have 
recorded the certificate of appointment aforesaid shall not operate 
to disqualify, or render incompetent to act in any proceeding, any 
trustee duly appointed by the form of government or discipline 
practiced by the church or society having the power to appoint 
trustees. 

Acts 1855-6, §2356. (2346.) The three preceding sections construed. The three 
preceding sections shall be so construed as to apply to all societies, 
whether social, charitable, secret, Masonic, or by whatever name they 
may be called, and all criminal laws for the protection of religious 
societies, shall be so construed as to apply to all societies, by what- 
ever name they may be called. 

Acts 1855-e, §2357. (2347.) Societies incorporated. Said societies, in their dis- 
tinct and proper names, by their trustees or officers, shall be entitled 
and authorized to receive, by purchase, gift or bequest, all property, 
both personal and real, and they shall be capable in law of suing and 
being sued, pleading and being impleaded, contracting and being con- 
tracted with; and they are hereby made bodies politic and corporate 
for the purposes named, when any of the said societies shall have 
entered their names as trustees or officers of any such societies, for 
the purposes herein specified, and they shall be capable in law of de- 
fending and being defended, and entitled to all the benefits of the 



207 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 3. §§2358-2363 



Literary and other similar corporations. 



three preceding sections before mentioned: Provided, that the said 
societies shall have recorded the name, style, and objects of their 
association. 

Religious society not incorporated legally, must be sued as joint promisors 
or partners: 52 Ga. 351, 352. 

Trustees of church, appointed by court, have prima facie right to protect 
trust against improper diversion : 66 Ga. 198. 

A church edifice and land upon which it stands, may be subjected to church 
debt : 86 Ga. 485. 

Church property not liable here for fixtures furnished without authority of 
trustee : 70 Ga. 642. 

§2358. Intrusion on camp-grounds. No person shall camp upon a Actsl889 > 
camp-ground used for religious purposes, without the consent of the§ 4812 - 
trustees or persons in charge of such grounds, except during the 
progress of religious services at said grounds, nor shall any person 
place any animal of any kind within any booth, tent, stall, or arbor 
on such camp-grounds, without the consent of the owner or owners 
thereof, or the persons in charge of the same. 

§2359. Penalty. Any person violating the preceding section shall 
be deemed guilty of a misdemeanor: Provided, that the preceding 
section shall only apply to such camp-grounds having their boundary 
lines plainly and distinctly marked by stakes, posts, or otherwise. 

§2360. Majority represent church. The majority of those who ad- esGa. 201. 
here to its organization and doctrines represent the church. The 
withdrawal by one part of a congregation from the original body, or 
uniting with another church or denomination, is a relinquishment of 
all rights in the church abandoned. 

§2361. Church edifice liable for sale. In the absence of other prop- 86 Ga - 485 - 
erty, where a congregation has incurred a valid debt, the church 
edifice and site are liable to sale for its payment. 

§2362. Interference by courts. Courts are reluctant to interpose in 66Ga - 202 - 
questions affecting the management of the temporalities of a church; 
but when property is devoted to a specific doctrine or purpose, the 
courts will prevent it from being diverted from the trust. 



SECTION 3. 

LITERARY AND OTHER SIMILAR CORPORATIONS. 

§2363. (1676 b.) Literary societies, how incorporated. Library and Acts ms-o, 
other literary, charitable, or social organizations, which have no 
capital stock, and are not organized for individual pecuniary gain, 
may be incorporated under the provisions of this Code, all of whose 
provisions are hereby made applicable to the organizations afore- 
said. 



}§ 2364-2368 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 4. 



208 



Plank roads. 



Acts 1876, 
p. 34. 



Acts 1889, 
p. 161. 



Acts 1889, 
p. 161. 



Acts 1889, 
p. 161. 



§2364. (1677.) Educational and religious corporations, situs of. In 
all cases where it is the design of religious or educational associations 
or societies to extend their operations and hold property in different 
counties in this State, without having any principal place of business, 
it shall be lawful for the petition for incorporation to be filed in, 
and the order of incorporation to be granted by, the superior court 
of any county of this State, and the said county shall be deemed 
and held to be the county of the residence of said corporation. 

A religious society not legally incorporated : 52 Ga. 352. Camp-ground 
meeting where more than five applied, under this section : 64 Ga. 121-125. 

§2365. Legal residence may be changed. By resolution of the corpo- 
ration entered on the minutes thereof, the county of its legal resi- 
dence maybe changed from the county where it was incorporated, by 
the order of the superior court, to some other county where its head 
or chief executive officer resides: Provided, that such resolution of 
the corporation shall be recorded on the minutes of the superior 
court which granted the charter of the corporation, and also on 
the minutes of the superior court of the county in which the corpo- 
ration seeks to locate its legal residence. 

§2366. Validity of contract . All contracts made with the said cor- 
porations, or all deposits of title made for the purpose of securing to 
the said corporations moneys held and owned by them, shall be 
legal and valid, and payment may be enforced in the same manner 
and in the same way as if done by a private individual. 

§2367. Charitable trusts. Said corporations now created or here- 
after created pursuant to the provisions of this Article are author- 
ized to act in their corporate capacity as trustee to administer and 
carry into effect any charitable trust heretofore or hereafter created 
by deed or by will, which is consistent with the objects of the corpo- 
rate existence. 



SECTION 4. 



PLANK ROADS. 



Acts 1882-3 

p. 113. 
$$509, 637, 

615. 



§2368. Turnpike-roads, how chartered. When five or more persons 
desire a charter for a shell or plank road or turnpike in any of the 
counties of this State, they shall file, in the office of the clerk 
of the superior court of the county in which said shell, plank 
or turnpike-road is intended to be located, a petition or declaration 
specifying as near as possible the route and termini and the corpo- 
rate name, and amount of capital to be employed by them in build- 
ing such roads, with the privilege of increasing it to any amount 
named in said petition, and the time, not exceeding twenty years, 



209 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 5. §§2369-2373 

Charitable institutions for custody of children. 

for which they desire to be incorporated, with the privilege of re- 
newal at the expiration of said twenty years, which petition or dec- 
laration shall be recorded by said clerk, and shall also be published 
once a week for one month in the nearest public gazette to the loca- 
tion of such plank, shell or turnpike-road company, before said 
court shall pass an order declaring said application granted. 

§2369. Void if ten per cent, not paid in and work begun. No shell, Actsn.882-3, 
plank or turnpike-road under the preceding section, shall com- 
mence to exercise the privileges conferred by the charter until ten 
per cent, of the capital stock is paid in, and no charter shall have any 
force or effect for a longer period than five years, unless the corpora- 
tors within that time shall in good faith commence to exercise the 
powers granted by the act of incorporation. 

§2370. Fee. The clerk of the court shall receive for his services Act ^ 882 " 3 - 
the usual fee allowed for similar services in other cases. 

§2371 . Damage, how assessed. When any person shall feel aggrieved A p ct f 1 3 882 " 3 ' 
or injured by said shell, plank or turnpike-road being carried through 
his or her lands, or when the said company cannot agree with per- 
sons through or on whose lands the said shell, plank or turnpike- 
road may be constructed, as to the damage sustained, the amount 
of such damage or injury shall be ascertained and determined as 
provided in this Code. 

Act incorporating turnpike-road company here granted only an easement : 
95 Ga. 387. 



SECTION 5. 

CHARITABLE INSTITUTIONS FOR CUSTODY OF CHILDREN. A^l^t ,' f ft- / i>^, 

§2372. Charitable institutions, how incorporated. Any three or more Acts 1894, 
persons desiring a charter for any benevolent institution, shall nle§4006. 
in the office of the clerk of the superior court of the county in which 
they desire to transact business, a petition or declaration specifying 
the objects of their association, together with their corporate name, 
and the time (not exceeding fifty years) for which they desire to be 
incorporated; which petition shall be recorded by said clerk, and 
shall also be published once a week for four weeks in the nearest 
public gazette to the point where such institution is to be located, 
before said court shall pass an order declaring said application to be 
granted. 

§2373. May hold real estate and receive gifts. Said corporation shall Actsi894, 
have power to purchase and hold real estate sufficient for the actual 
occupation and necessary uses of the society or institution, and may 
receive, by gift or devise, property of any kind, on the terms con- 
tained in the gift or devise. 
14 



§§2374-2376 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 5. 210 

Charitable institutions for custody of children. 

Acts 1894, §2374. Government of such institutions. The directors or board of 
managers of such institution shall have power to make by-laws and 
regulations for the government of the institution, and may control 
the children under their care, and prescribe their course of instruc- 
tion and management to the same extent and with the same rights 
as in the case of natural guardians. 

Act | 18i ' 4 ' §2375. Custody, care and indenture of children. In all cases where 

$4008. a child shall have been surrendered by its natural guardian or cus- 
todian to the care and management of any such institution, by any 
instrument or declaration in writing, or committed to its custody ac- 
cording to law, it shall be lawful for the directors or board of mana- 
gers, at their discretion, to place such child, by adoption or at service, 
in some suitable employment, and with some proper person or per- 
sons: Provided, that in all such cases the terms of the indenture shall 
be first approved by the ordinary of the county, which approval shall 
be signified on such indenture by the signature of said ordinary; but 
in every such case the requisite provisions shall be inserted in the 
indenture or contract of binding to secure the child so bound such 
treatment, education or instruction as shall be suitable and useful 
to its situation and circumstance in life; and in all such cases 
where a child shall have been surrendered by its natural guardian or 
other legal custodian to the care and management of such institution 
without any instrument or declaration in writing, but because of 
poverty or other inability to care for such child, it shall be lawful 
for the board of managers to place such child, for adoption or at 
service, in the manner hereinbefore provided, after having kept such 
child at least one year, and there being no reasonable probability of 
such parent or custodian being able to resume the care of such child. 

Actei894, §2376. Abandoned children, how committed to such institutions. In 
case of the death or legal incapacity of a father, or of his imprison- 
ment for crime, or of his abandoning and neglecting to provide for his 
family, the mother shall be deemed the guardian of her children for 
the purpose of making such surrender as aforesaid, and if in any such 
case the mother be either dead, or legally incapable of acting, or im- 
prisoned for crime, or an inmate of a house of ill fame, or shall 
have abandoned or neglected to provide for her child or children, 
the ordinary of the county in which such institution is established 
shall be, by virtue of his office, the legal guardian for the like 
purpose; and in all cases where said child has been abandoned by the 
person legally entitled to its custody, the said ordinary shall be ex 
officio such guardian for the same purpose, and in either case, whether 
such surrender be made by the mother or by the ordinary, and 
whether before or after admission into said institution, it shall be 
deemed a legal surrender for the purposes and within the true intent 
and meaning of this Article. 



211 SECOND TITLE .-=-CHAP. 2, ART. 8, SEC. 5. §§2377-2379 

Charitable institutions for custody of children. 

§2377. Destitute children, how committed. Whenever any girl under Acts 1894, 
the age of fourteen, or any boy under the age of ten years, shall be 
found by any policeman or other officer of the county in which any 
such institution devoted to the relief or care of children is located, 
in any street, highway, or public place in said county, or any city 
therein, in circumstances of destitution and suffering or abandon- 
ment, exposure or neglect, or of beggary, or in any house of ill fame, 
it shall be the duty of any such policeman or other officer to bring 
such child before the mayor, recorder, or other judicial officer in said 
county, or any city therein, for examination as to the cause of such 
suffering, exposure, or neglect; whenever any such child is so brought 
before the mayor, recorder or other magistrate, and it shall be 
proved to the satisfaction of such mayor or other judicial officer, 
by competent testimony, that, by reason of the neglect, habitual 
drunkenness, or other vicious habits of the parents or lawful guard- 
ians, or the person having the custody of such child, it is a 
proper object for the care and instruction of such institution located 
in such county, such mayor, recorder, or other magistrate, instead 
of committing such child to the almshouse, or such other place, if 
any, as may have -been provided by the city or county authorities of 
such county, may, in his discretion, by warrant in writing under his 
hand, commit such child to such institution, to be and remain under 
the guardianship of its managers until therefrom discharged in the 
manner prescribed by law. 

§2378. Commitment, how executed. Any order so made by any such Act f 2 1894 ' 
mayor, recorder, or magistrate may be executed by any policeman or 
constable to whom it shall be delivered by the official issuing it, by 
conveying the child therein named to such institution, and such child 
shall be detained in said institution until discharged or removed 
therefrom in the manner hereinafter provided. 

§2379. Notice of commitment. Immediately upon the making of any A p ct | 2 1894 ' 
such order, the officer making the same shall deliver to -the police- 
man or constable a notice in writing addressed to the father of such 
child, if its father be living and resident within the county, and if 
not, then to its mother if she be living and so resident, and if there 
be no father or mother of such child, then addressed to the lawful 
guardian of such child, if any, or to the person with whom, according 
to the examination of the child and the testimony, if any, received 
by the mayor, recorder, or magistrate, such child may reside; in which 
notice the party to whom the same is addressed shall be informed 
of the commitment of such child to said institution, and shall be 
notified that, unless taken therefrom in the manner prescribed by 
law within ten days after the service of such notice, the child therein 
named shall be deemed legally surrendered to the institution for the 
purposes and within the true intent and meaning of this Article. 

f 



§§ 2380-2384 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 5. 212 

Charitable institutions for custody of children. 

Acts 1894, 82380. Service of notice. Such notice shall be served by the officer 

p. 82. o •/ j 

to whom it shall be delivered, by delivering the same to the party 
to whom it shall have been addressed, personally, or by leaving it 
with some person of sufficient age, at the place of residence or busi- 
ness of such party, and it shall be the duty of such officer immedi- 
ately to report the fact and the time and manner of such service to 
the officer issuing the notice. 

Acts 1894, §2381. Parent or guardian may recover custody of child. If the party 

$2452.' to whom such notice shall have been addressed, or any other person 
shall, within the time specified therein, prove to the satisfaction of 
the officer issuing the same, that the circumstances of want and suffer- 
ing, or other circumstances under which the child shall have been 
found, have not been occasioned by the habitual neglect or miscon- 
duct of the parents or legal guardian of such child, then it shall be 
the duty of such magistrate, by order in writing addressed to the 
directors or managers of said institution, to direct such managers to 
deliver such child to the custody of the party named in such order, 
who shall thereupon be entitled to take such child away from the 
said institution. 

Acts 1894, §2382. Officer's duty. If such proof shall not be- produced within 
the time above prescribed, it shall be the duty of the officer by 
whom such child shall have been committed to said institution, to 
make and transmit to the directors or managers thereof a notice in 
writing to that effect. 

Acts 1894, §2383. Second commitment final. If any child who has been pre- 
viously arrested and delivered to the parent or guardian, as herein- 
before provided, shall again be found in either of the conditions 
hereinbefore described, the officer before whom such child is brought, 
upon proof thereof, may afterwards make a final order committing 
such child to the care and instruction of the institution, without 
giving the notice hereinbefore provided for. 

Actsi894, §2384. Managers of such institutions may surrender custody of chil- 
dren to parents or guardians. If, at any time after the child shall 
have been committed as above provided, it shall be made to appear 
to the satisfaction of the directors or board of managers, that such 
child was, on insufficient cause, false or deficient testimony, or other- 
wise wrongfully or improvidently so committed, the directors or 
board of managers shall, on the application of the parents, guar- 
dian, or protector, and also, if, after a child shall have been 
properly committed to said institution, any circumstances should 
occur which, in the judgment of the directors or board of managers, 
would render expedient and proper the discharge of such child from 
the guardianship of said board, having a due regard for the welfare 
of such child and the purposes of the institution, the directors or 
board of managers, on the application of the parents, guardian, or 



213 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 5. §§ 2385-2387 

Charitable institutions for custody of children. 

protector of such child, may, in their discretion, deliver up the 
child to its parents, guardian, or protector, on such reasonable con- 
dition as the said directors or board of managers may deem right 
and proper: Provided, the consent of the ordinary shall be first 
obtained. 

§2385. Debased children may be restored to committing officer. The ^ 5t | 3 1894 * 
directors or board of managers shall have power, and it shall 
be their duty, whenever any child intrusted or committed to their 
charge shall, by the commission of any infamous crime, or by con- 
firmed habits of vagrancy, have become so degraded and debased as 
to be an improper subject for their care and management, to return 
such child to the committing officer or other proper authority, to be 
disposed of in due course of law. 

§2386. Indentures, how revoked. If any party to whom the direc- ^'fg 1894 ' 
tors or board of managers of said institution shall have intrusted a 
child shall be guilty of any cruelty, misuse, and refusal or neglect 
to furnish the necessary provisions or clothing, or of any other viola- 
tion of the terms of indenture or contract, to any such child so inden- 
tured, such child, or any reliable person, may make complaint 
thereof to any justice of the peace of the county in which such 
child is so indentured, or to the mayor, recorder, or other judicial 
officer of any city in the county in which such child is bound 
to service; and it shall be the duty of such officer to summon the 
parties before him and examine into, hear, and determine the said 
complaint, and if, upon such examination, the said complaint shall 
appear well founded, such officer shall, by certificate under his hand, 
discharge such child from his obligation of service and restore him 
or her to the charge and management of such institution in the same 
manner and with like powers as before the indenture of such child. 

§2387. Guardians of children indentured. The directors or board ^ !t | 4 1894 ' 
of managers of such institution shall be the guardian of every child 
indentured by virtue and in pursuance of the provisions of this 
Article, to the extent that they shall take care that the terms in 
the contract be faithfully fulfilled, and that such ward be properly 
treated; and it is made their special duty to inquire into the treat- 
ment of every such child and redress any grievance in the manner 
prescribed by law; and it shall be the duty of the person to whom 
any such child shall be indentured, and he shall by the terms of the 
indenture be required, as often as once in six months, to report to said 
directors or board of managers the conduct and behavior of said ap- 
prentice and anything of special interest pertaining to his welfare. 



2388-2392 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 6. 214 

Building and loan associations and their regulations. 



SECTION 6. ^ CftS) 

BUILDING AND LOAN ASSOCIATIONS AND THEIR REGULATIONS. 

Acts 1888, §2388. Building and loan associations may loan to persons not mem- 
$2724. bers. All building and loan associations, and other like associations 
doing business in this State, are authorized to lend money to persons 
not members thereof, nor shareholders therein, at eight per cent, or 
less, and to aggregate the principal and interest at the date of the 
loan for the entire period of the loan, and to divide the sum of the 
principal and the interest for the entire period of the loan into 
monthly or other installments, and to take security by mortgage 
with waiver of exemption, or title, or both, upon and to real estate 
situated in the cities or towns and their suburbs in which said build- 
ing and loan association may be located. 
Acts 1888, 82389. Construed valid. All contracts made and securities taken 

p. 47. % ° 

in accordance with this Article shall be valid for the full amount 
of principal and interest charged, and shall not be held usurious. 
Acts^isss, §2390. Not apply unless stockholders adopt. Nothing in this Arti- 
cle shall be held to apply to any building and loan association 
heretofore incorporated, unless said association shall, by a vote of a 
majority of its stockholders, adopt the provisions of this Article as 
an amendment to its charter. 

Act i8o 889 ' §2391. Provisions to apply to all saving institutions. All the provi- 
sions of this Article are to apply to all saving institutions which pay 
interest to depositors, and whose deposits are not subject to check. 

Taxation of building and loan associations: 80 Ga. 518, 515. 

Acts 1876, §2392. (3968 a.) Foreclosure by building and loan associations, how 
$2743. ' made. No judgment of foreclosure shall be given in favor of 
any building and loan association, upon any mortgage executed to 
them, unless they shall have served upon the mortgagor, at least 
thirty days before the court at which such judgment shall be taken, 
a complete statement of the amount for which they claim judgment, 
fully setting out the amount claimed for principal, interest, and 
fines or penalties; and also setting out the credit allowed for stock 
transferred to them as collateral, and any other credit to which the 
mortgagor may be entitled. 

See notes on Corporations generally, at end of Chapter 2, ante. 
Transfer of boi-rowing stockholder's obligation then in suit, and facts show- 
ing association dissolved, etc., good defense to suit: 87 Ga. 370; 92/501. 



215 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 7. §2393 

Interstate building and loan associations. 

SECTION 7. fa^ %, 

INTERSTATE BUILDING AND LOAN ASSOCIATIONS. 

§2393. Deposit by such associations of this State doing business out o/Acts^i89o-i, 
this State. Every building and loan association incorporated under $i*>8. 
the laws of this State, which does business outside of this State, 
shall deposit and keep on deposit with the treasurer of this State, 
or with a legally incorporated and duly organized trust company to 
be selected by the board of directors of such association, in trust for 
all its members and creditors, seventy-five per cent, of the amount of 
all mortgages (or other securities) received by it in the usual course 
of its business. When such mortgages (or other securities) are de- 
posited with the said trust company or State depository, such com- 
pany or State depository shall certify to the treasurer of this State 
that the said securities have been and are deposited with it, and the 
same shall not be surrendered to or returned to the said association 
without the sanction of the treasurer of this State: Provided, that 
every such corporation heretofore or hereafter organized, whose mort- 
gages or other securities so deposited do not amount to twenty-five 
thousand dollars shall have fifteen months after organization 
to deposit with said State treasurer or trust company such ad- 
ditional securities as with the securities so deposited shall equal in 
value the sum of twenty-five thousand dollars; and every such cor- 
poration, within fifteen months after commencing to do business, 
shall deposit with the said State treasurer or trust company, in trust 
as aforesaid, securities of the value of twenty-five thousaud dollars. 
The securities mentioned in this proviso shall consist of bonds or 
treasury notes of the United States, National or State bank-notes, or 
bonds of this State or any other State of the United States, or of 
any solvent city, town or county of this State having legal au- 
thority to issue the same, or first mortgages on real estate, or other 
legal securities aggregating in value twenty-five thousand dollars; 
and such securities may be withdrawn, from time to time, when 
mortgage securities of corresponding value shall be deposited in 
lieu and place thereof, or when other securities of equal character 
and value are substituted therefor; and it shall be the duty of 
the treasurer to examine the affairs of said associations from time 
to time, to ascertain whether said associations have deposited 
seventy-five per cent, of all their securities and otherwise complied 
with the requirements of this Article: Provided, that any associ- 
ation which has deposited all of its securities on hand at the time 
this Article takes effect shall be required to make quarterly deposits 
only of securities taken by it in the future. Whenever any asso- 
ciation incorporated under the laws of this State is required by 



2394, 2395 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 7. 216 

Interstate building and loan associations. 



the laws of any other State, Territory or nation to make a deposit of 
securities in such State, Territory or nation as a condition of doing 
business therein, such association may deposit a portion of its secu- 
rities with the properly authorized officer of such other State, Terri- 
tory or nation: Provided, however, that the amount of securities kept 
on deposit in this State shall at all times equal seventy-five per cent, 
of the amount of the loans made and then outstanding in this State: 
And provided further, that the securities so deposited in this State 
shall not thereby be reduced below the sum of twenty-five thousand 
dollars. 

A p Ct i76 89 ° 1 ' §2394. Interest, dues, etc., on deposits. All interest and dividends 
and premiums which may accrue on securities held by said State 
treasurer or by such trust company, and all dues or monthly pay- 
ments which may become payable on stock pledged as security for 
loans, the mortgages for which are so deposited, may be collected 
and retained by the association depositing such securities. Any 
securities which shall have been fully paid to said association, or 
which the borrower desires to pay off and discharge, and any mort- 
gage upon which default has been made and of which said asso- 
ciation shall desire possession for the purpose of collection or 
foreclosure, and all securities needed by it for deposit in any other 
State, Territory or nation according to the provisions of the preced- 
ing section, shall be surrendered by said State treasurer, or on his 
order, to the association depositing same, upon filing with him the 
affidavit of the president and secretary thereof, stating the reasons 
for desiring to withdraw such securities, and such securities shall 
not be used for any purpose other than that stated in the affidavit: 
Provided, that when said association is dissolved according to the 
provisions of its charter, and ceases to do business, all securities 
deposited by it shall be returned to it upon furnishing said State 
treasurer with satisfactory evidence of the fact of its dissolution. 
Bonds or stocks deposited with said State treasurer, or trust com- 
pany, as aforesaid, shall, if deemed advisable by the association, be 
surrendered to the association depositing same, for the purpose of 
being converted into cash and loaned on real estate. 

Acts_i89o -l, §2395. Deposits by associations organized in other States, and other 
requisites for doing business. No building and loan association or- 
ganized under the laws of any other State, Territory or foreign 
government shall do business in this State unless said association 
shall deposit, and continually thereafter keep deposited, in trust for 
all of its members and creditors, with some responsible trust com- 
pany, or with the State treasurer of this or some other State of the 
United States, seventy- five per cent, of all its securities; all of the 
personal obligations of its members taken in the ordinary course of 
business of such association and, secured by first mortgages on real 



217 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 7. §2396 

Interstate building and loan associations. 

estate; seventy-five per cent, of all dividends and interest which 
may accrue on securities held in trust, as aforesaid, by the trust 
company or the State, as provided for herein. All dues or monthly 
payments which may become payable on stock pledged as security 
for loans, the mortgages for which are on deposit in accordance 
with the provisions of this Article, may be collected and retained 
by the association depositing such securities or mortgages. Any 
securities on deposit, of said building and loan association in this 
State, if the amount of said securities so deposited is less than all 
of its securities, may, from time to time, be drawn, if others of 
equal value are substituted therefor. Every building and loan asso- 
ciation, organized under the laws of any State, Territory or foreign 
government, shall, before commencing to do business in this State — 

1. File with the secretary of this State, a duly authenticated copy 
of its charter or articles of incorporation. 

2. File with the secretary of this State the certificate of the 
proper State officer of another State, or the president or secretary of 
some responsible trust company, certifying that it has on deposit 
seventy-five per cent, of all the securities, not less than twenty-five 
thousand dollars, of the kind and amount required by the laws of 
such other State, taken in the regular course of business, in trust 
for all the members and creditors of such building and loan 
association. 

3. File with the secretary of this State a duly authenticated copy 
of a resolution adopted by the board of directors of such association, 
stipulating and agreeing, that if any legal process affecting such 
association be served on said secretary of State, and a copy thereof 
be mailed, postage prepaid by the party procuring the issuing of the 
same, or his attorney, to said association, addressed to its home 
office, then such service and mailing of such process shall have the 
same effect as personal service on said association in this State. 

4. Pay the secretary of this State fifty dollars as fees for filing 
the papers mentioned in this section. 

§2396. Process against foreign companies. When process against or Acts 1890-1, 
affecting any foreign building and loan association is served on the 
secretary of State, the same shall be by duplicate copies, one of 
which shall be filed in the office of said secretary of State, and the 
other by him immediately mailed, postage prepaid, to the home 
office of said association. The word " process " in this Article shall 
include any writ, summons, complaint, declaration or order, whereby 
an action, suit or proceeding shall be commenced, or which shall be 
issued in or upon any action, suit or proceeding at law, or in equity 
authorized by law in this State. Thirty days time shall be allowed 
to answer in any action, suit or proceeding. 



§§2397-2402 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 7. 218 

Interstate building and loan associations. 

§2397. Reciprocity . When, by the laws of any other State, Terri- 
tory, or nation, any taxes, fines, penalties, license fees, deposits of 
money or securities, or other obligations or prohibitions are imposed 
on building and loan associations of this State, doing business in 
such other State, Territory or nation, or upon their agents therein, 
so long as such laws continue of force, the same obligations or pro- 
hibitions of whatever kind shall be imposed upon all building and 
loan associations of such other State, Territory or nation, doing busi- 
ness in this State, and upon their agents here. 

^p Ct i76 8901 ' §2398. What "building and loan association" includes. The name 
"building and loan association," as used in this Article, shall in- 
clude all corporations, societies, or organizations or associations doing 
a savings and loan or investment business, on the building society 
plan, viz., loaning its funds to its members, whether issuing certifi- 
cates of stock which mature at a time fixed in advance or not. 

§2399. Solicitation of stock subscriptions, etc., in foreign companies. 
No officer, director, or agent of any foreign building and loan associa- 
tion shall, in this State, solicit subscriptions to the stock of such 
association, or sell or issue, or knowingly cause to be sold or issued, 
to a resident of this State, any stock of an association while said as- 
sociation has not on deposit, as required by section 2395, seventy-five 
per cent, of all its securities, or before said association has complied 
with all the provisions of this Article. Any violation thereof shall 
be deemed a misdemeanor. 

Actsn.89o-i, §2400. Sale of stock of home company to non-residents. No officer, 
director, or agent of any building and loan association incorporated 
under the laws of this State shall sell, issue, or knowingly cause to 
be sold or issued, to any person not a resident of the State in which 
the home office of said company is located, any stock of said associa- 
tion while said association does not have on deposit, as required by 
section 2393, seventy-five per cent, of all the securities of said asso- 
ciation taken in the regular course of business. Any violation hereof 
shall be deemed a misdemeanor. 

§2401. Fines, etc., not usurious. No fines, interest or premiums 
paid on loans in any building and loan association shall be deemed 
usurious, and the same may be collected as debts of like amount 
are now collected by law in this State, and according to the terms 
and stipulations of the agreement between the association and the 
borrower. 

§2402. Annual statements. Every building and loan association 
governed by this Article shall file with the treasurer of this State 
annually, within sixty days after the expiration of its fiscal year, 
a statement of its assets and liabilities at the end of said fiscal 
year; such report shall be filed under oath by the president and 
secretary, or by three of the directors of the association. Such 



219 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 7. §§2403-2406 

Interstate building and loan associations. 

association shall pay to the State treasurer ten dollars on filing such 
report. If any such association shall willfully fail to furnish 
to the State treasurer any report required by this Article at the 
time so required, it shall, in the discretion of a court of compe- 
tent jurisdiction, forfeit the sum of twenty-five dollars per day for 
every day such report shall be delayed or withheld, and the State 
treasurer may maintain an action in his name of office to recover 
such penalty and the same shall be paid into the treasury of the 
State. 

§2403. Annual fees. Every association depositing securities with ^f*^ 90 " 1 ' 
the State treasurer shall annually pay to said treasurer a fee of 
fifty dollars. Wherever in this Article it is provided for a deposit 
with the State treasurer or trust company, such deposit may like- 
wise be made with any one of the legally authorized State deposi- 
tories. 

§2404. Bonds of officers. All officers of any building and loan 
association governed by this Article and doing business in this State, 
who handle or have the custody of any of the funds of such associa- 
tion, shall give sufficient bonds for the faithful performance of their 
duties as the board of directors may require, and no such officer shall 
be deemed qualified to enter upon the duties of his office until his 
bond is approved by the board of directors with whom such bond 
shall be filed. The penalty for a failure of any association to file 
and maintain the bonds or policy as required by the provisions of 
this section, shall be a fine of one hundred dollars for each day 
such association transacts business after such bond has become 
due under the provisions of this Article. Said bond or policy shall 
be held in trust for the benefit and protection of the members of 
such association, and shall be enforceable by any member, whenever 
cause of action shall accrue thereon. 

§2405. Not to apply to associations ceasing to do interstate business. Acts 1893, 
The provisions of this Article shall not apply to building and loan 
associations, or other associations of like character, which cease to do 
interstate business, and, upon satisfactory evidence being produced 
to the State treasurer that such building and loan associations have 
ceased to do business outside of this State, he shall not demand the 
special tax on said associations so long as they cease to do business 
out of this State; but this shall not be construed as relieving said 
association from paying the same license or tax required of other 
associations doing business in this State. 

§2406. Building and loan associations, how licensed. The fees re- Acts^i894, 
quired by this Article to be paid by building and loan associations, 
when paid, shall operate as a license to such associations to carry on 
business in the State of Georgia, and shall be in lieu of any and all 
licenses or fees, whether State, county, or municipal, to be exacted 



§§2407-2409 SECOND TITLE.— CHAP. 2, ART. 8, SEC. 8. 220 

Water-works companies. 

of such associations for doing business in this State, except a busi- 
ness license by the town or city in which the principal office of any 
such association is located: Provided, that this shall not be con- 
strued to exempt such associations from liability for such ad valorem 
tax on their capital stock as may now be required by law to be paid 
to the State and county in the county of their domicile, or on any 
real and personal property other than their capital stock held and 
owned by such associations. 



SECTION 8. 

WATER-WORKS COMPANIES. 

Actsi889, §2407. Rights conferred on corporations operating water-works. Cor- 
porations, companies, partnerships or individuals, constructing, 
owning, operating or carrying on water-works in this State, shall 
have the right, power, privilege and authority to lease, purchase or 
condemn land, receive donations, grants, easements or other uses 
of land for the purpose of constructing and carrying on water-works 
in this State. 

$4657. §2408. Assessors to condemn rights of way or sites. In the event any 

of the above-recited corporations or individuals do not procure from 
the owners thereof, by contract, title to the land necessary or proper 
for the construction and successful operation of water-works, and 
the parties cannot agree upon the damage done, the same shall be 
assessed as provided in this Code. 

$683. §2409. Consent of city. None of the provisions of the two pre- 

ceding sections shall become operative until after the said corpora- 
tion, company or individual shall have bona fide entered into a 
contract with the proper authorities of some incorporated city or 
village of this State, for supplying water for public purposes. 



221 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 1. §§2410, 2411 

Marriage, how and by whom contracted. 

THIRD TITLE. 

Of Domestic Relations. 



CHAPTER 1. 

OF HUSBAND AND WIFE. 



ARTICLE 1. 

OF MARRIAGE AND DIVORCE. 



SECTION 1. 

MARRIAGE, HOW AND BY WHOM CONTRACTED. 

§2410. (1697.) Restraints of marriage. Marriage is encouraged by ^jg 8 ^ 1 ' 
the law, and every effort to restrain or discourage marriage by con- 
tract, condition, limitation or otherwise, is invalid and void. Pro- 
hibiting marriage to a particular person or persons, or before a 
certain reasonable age, or other prudential provision looking only 
to the interest of the person to be benefited, and not in general 
restraint of marriage, will be allowed and held valid. 

Section cited, and the marriage of plaintiff and defendant prevented further 
prosecution of action by the attorney for his fees : 63 Ga. 630. No abate- 
ment of the right to sue because the widow married the second time after she 
had sued for homicide of her first husband : 57 Ga. 279. 

Apprenticeship of female not void when she becomes eighteen years old, as 
being in restraint of marriage : 65 Ga. 400. 

§2411. (1698.) Essentials of marriage. To constitute a valid mar- 
riage in this State there must be — 

1. Parties able to contract. 

Section cited, and previous marriage undissolved avoids the second attempt 
at: 62 Ga. 411, 412. Parties unable to contract generally can contract for 
marriage, and although may be liable to prosecution for bigamy, still the 
offspring would not be bastards : 20 Ga. 702. 

2. An actual contract. 

Contracting, not cohabiting, makes marriage : 84 Ga. 466. 
Such contracting, however, may be by mere agreement to live together as 
man and wife : 84 Ga. 445. 



§§2412-2416 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 1. 222 

Marriage, how and by whom contracted. 

3. Consummation according to law. 

As to marriage without license or publication of banns, by contract, cohabi- 
tation, etc. : 30 Ga. 173 ; 64/662. 

"Consummation according to law," meant "consummation under license, 
or after publication of banns," until December 14th, 1863: 84 Ga. 445. 

§2412. (1699.) Who is able to contract. To be able to contract 
marriage, a person must be of sound mind; if a male, at least seven- 
teen years of age, and if a female, at least fourteen years, and 
laboring under neither of the following disabilities, viz.: 

Marriage of female minor over fourteen years old, valid although parents 
do not consent : 68 Ga. 803. 

Widow of one insane at marriage not entitled to year's support: 73 Ga. 784. 

Marriage before age of consent, ratified by cohabitation after ; subject fully 
discussed : 84 Ga. 440. 

1. Previous marriage undissolved. 

2. Nearness of relationship by blood or marriage, as hereinafter 
explained. 

3. Impotency. 

Section cited and construed : 62 Ga. 412. 

§2413. (1700.) Prohibited degrees. Marriages between persons re- 
lated by affinity in the following manner are prohibited, viz.: A 
man shall not marry his stepmother, or mother-in-law, or daughter- 
in-law, or stepdaughter, or granddaughter of his wife. A woman 
shall not marry her corresponding relatives. Marriages within the 
degrees prohibited by this section are incestuous. 

$2426(4). §2414. (1701.) Consent. To constitute an actual contract of mar- 
riage, the parties must be consenting thereto voluntarily, and with- 
out any fraud practiced upon either. Drunkenness at the time of 
marriage, brought about by art or contrivance to induce consent, 
shall be held a fraud. 

$$24io,3io8. §2415. (8182.) Marriage brokerage bonds. The policy of the law 
being opposed equally to restrictions on marriage, and to marriages 
not the result of free choice, all contracts or bonds made with a view 
to trammel or to force marriage, are deemed fraudulent and void. 

$2498. §2416. (1702.) Void marriages. Marriages of persons unable to 

contract, or unwilling to contract, or fraudulently induced to con- 
tract, are void. The issue of such marriages, before they are 
annulled and declared void by a competent court, are legitimate. 
In the latter two cases, however, a subsequent consent and ratifica- 
tion of the marriage, freely and voluntarily made, accompanied by 
cohabitation as husband and wife, shall render valid the marriage. 

Consent and ratification of legislature may legitimate bastards: 8 Ga. 210. 
Not void unless declared to be so: 20 Ga. 702. Second marriage of wife after 
husband absent for nineteen years, issue of such legitimate: 34 Ga. 408. 



223 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 1. §§2417-2420 

Marriage, how and by whom contracted. 

Policy of insurance, when void by reason of illegal marriage: 41 Ga. 338. 
Estoppel as to the husband denying that the woman was his legal wife on her 
applying for alimony: 60 Ga. 204. One holding real estate in possession as 
heir of his deceased wife, ejectment was the remedy to test his right: 62 
Ga. 412. Statutory requirements not complied with do not avoid : 30 Ga. 173. 

Marriage with person of unsound mind, void ab initio; widow not entitled 
to year's support: 73 Ga. 784. 

Marriage before age of consent, ratified by cohabitation after ; subject fully 
discussed : 84 Ga. 440. 

§2417. (1703.) Licenses, how granted. Marriage licenses shall ^Q A Sobh2d2. 
granted by the ordinaries, or their deputies, of the several counties ^ohb?282. 
where the female to be married resides, if resident in this State, ^fol 851 " 2 ' 
directed to any judge, justice of the peace, or minister of the gospel, 
authorizing the marriage of the persons therein named, and requiring 
such judge, justice, or minister to return the said license to the 
ordinary, with his certificate thereon as to the fact and date of the 
marriage, which license, with the return thereon, shall be recorded 
by the ordinary, in a book kept by him for that purpose. 

Who may grant. Ordinary cannot issue in blank to be filled in and dis- 
posed of, nor recover fee for same : 69 Ga. 754. 

As to marriage without license, etc., by contract, cohabitation, etc.: 30 
Ga. 173 ; 64/662. 

§2418. (1704.) Return of marriage banns. If any judge, justice or 
minister shall connect in marriage persons whose banns have been 
published, such judge, justice or minister shall certify the fact to 
the ordinary of the county where such banns were published, who 
shall record the same in the same book with marriage licenses. 

§2419. (1705.) Consent of parents. It shall be the duty of the 
ordinary and his deputy to inquire as to the ages of all persons for 
whom marriage licenses are asked, and if there be any ground of 
suspicion that the female is a minor under the age of eighteen years, 
such ordinary and his deputy shall refuse to grant the license until 
the written consent of the parent or guardian, if any, controlling 
such minor shall be produced and filed in his office; and any or- 
dinary who, by himself or deputy, shall knowingly grant such 
license without such consent, or without proper precaution in in- 
quiring as to the fact of minority, or for the marriage of a female 
to his knowledge domiciled in another county, shall forfeit the sum 
of five hundred dollars for every such act, to be recovered at the 
suit of the clerk of the superior court, and added to the educational 
fund of the county. 

Duty not wholly ministerial : 69 Ga. 754. 

§2420. (1706.) Penalty on person officiating. Any judge, justice or 
minister who shall join in marriage any couple without such license, 
or the publication of banns, shall forfeit the sum of five hundred 



§§2421-2425 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. 224 

Of divorces, and how obtained. 

dollars, to be recovered and appropriated as set forth in the fore- 
going paragraph. 

Notwithstanding directs a license to issue and imposes a penalty for failure, 
yet a marriage without is not void : 30 Ga. 173. See 64 Ga. 662. 

§2421. (1707.) Jewish marriages. Upon request, the ordinary may 
direct the marriage license to any Jewish minister, or other person 
of any religious society or sect, authorized by the rules of such 
society to perform the marriage ceremony, who shall make return 
thereon as before required. 

§2422. (1708.) Amalgamation prohibited. The marriage relation 
between white persons and persons of African descent is forever 
prohibited, and such marriages shall be null and void. 

Where the husband was estopped under the circumstances from setting 
this up : 60 Ga. 204. This section held not in conflict with the clause of the 
constitution declaring that the social status of the citizen shall never be the 
subject of legislation: 39 Ga. 321. 

§2423. (1709.) Want of authority in minister or justice . A marriage 
valid in other respects, and supposed by the parties to be valid, shall 
not be affected by want of authority in the minister or justice to 
solemnize the same; nor shall such objection be heard from one 
party who has fraudulently induced the other to believe that the 
marriage was legal. 

Proof of previous marriage where bigamy charged, without proof of license, 
or that the person officiating was an ordained minister: 50 Ga. 151. 

§2424. (1710.) Marriage in another State. All marriages solem- 
nized in another State by parties intending at the time to reside in 
this State shall have the same legal consequences and effect as if 
solemnized in this State. Parties residing in this State cannot 
evade any of the provisions of its laws as to marriage by going into 
another State for the solemnization of the marriage ceremony. 

See also notes to section 8. 

General Note. — Statements in regard to daughter's property, not made 
by the father to induce marriage, do not bind him : 24 Ga. 155-161. Lex loci 
governs as to questions of, when : 34 Ga. 407. 



SECTION 2. 

OF DIVORCES, AND HOW OBTAINED. 

Aetouw, §2425. (§1711.) Total and partial, how granted. Divorces may be 
itms 58(57' grafted by the superior court, and shall be of two kinds — total, or 
from bed and board. The concurrent verdict of two juries, at dif- 
ferent terms of the court, shall be necessary to a total divorce. A 
divorce from bed and board may be granted on the verdict of one 



225 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. §§2426,2427 

Of divorces, and how obtained. 

Divorce from bed and board formerly required only one jury : 16 Ga. 81. 
Party dissatisfied with the first verdict may move for a new trial : 31 Ga. 625. 
Where court had no jurisdiction of a divorce, neither of the parties living or 
having property in the State: 25 Ga. 473. In a suit for divorce, the wife may 
charge her husband for counsel fees without his consent: 30 Ga. 81. When 
an order for alimony and counsel fees for the wife should have been reduced in 
amount : 23 Ga. 286. 

§2426. (1712.) Grounds for total divorce. The following grounds A qq^% 2 & 
shall be sufficient to authorize the granting of a total divorce: 

1 . Intermarriage by persons within the prohibited degrees of con- 
sanguinity and affinity. 

2. Mental incapacity at the time of the marriage. 

Is a ground for divorce ; and as to proceedings to declare the marriage a 
nullity on this ground : 27 Ga. 102. 

3. Impotency at the time of the marriage. 

4. Force, menaces, duress, or fraud, in obtaining the marriage. ^ 2414 - 

5. Pregnancy of the wife, at the time of the marriage, unknown $ 2493 - 
to the husband. 

Alimony in such cases allowed : 18 Ga. 273. Where the wife guilty of im- 
moral conduct : 15 Ga. 98. 

6. Adultery in either of the parties after marriage. 

Husband cannot prove the wife's adultery : 46 Ga. 308. Where the woman 
could not testify to enforce a contract when a party to adultery : 56 Ga. 60. 

7. Willful and continued desertion by either of the parties for the 
term of three years. 

Evidence that it was not willful, and plaintiff consenting thereto, admis- 
sible for defendant: 29 Ga. 281. Husband witness against the wife under this 
section, except as to facts derived from the confidential relation : 41 Ga. 613. 

Statute of limitations not applicable to accrual of right to divorce here- 
under : 67 Ga. 92. 

For wife to deny husband his conjugal rights is desertion ; continued three 
years, it authorizes divorce: 89 Ga. 471. 

8. The conviction of either party for an offense involving moral 
turpitude, and under which he or she is sentenced to imprisonment 
in the penitentiary for the term of two years or longer. 

General Note. — Grounds for total divorce in Georgia are as at common law, 
viz., precontract, consanguinity, affinity, and corporeal infirmity; and same 
as at common law for partial divorce, viz., adultery and cruel treatment: 
2 Ga. 191. 

§2427. (1713.) Discretionary grounds. In case of cruel treatment A cobK°226. 
or habitual intoxication by either party, the jury, in their discre- 
tion, may grant either a total or partial divorce. 

Act of 1850 was not retroactive, and as to condonation of cruelty by the 
wife: 24 Ga. 238. Divorce applied for by the husband because his wife at- 
tempted to poison him, when not condoned, and she may recriminate his 
adultery: 29 Ga. 718-722. Definitions of cruelty, alimony, and condonation: 
15 



§§2428-2431 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. 226 

Of divorces, and how obtained. 

36 Ga. 286, 317. "When condonation will not prevent a divorce for cruelty: 41 
Ga. 47. Cruel treatment defined : 31 Ga. 634. 

Drunkenness must be habitual: 67 Ga. 771. 

Refusal of husband to support wife, and various acts, other than personal 
violence, considered as authorizing divorce: 67 Ga. 771. 

Cruel treatment considered at length and in detail, and defined : 67 Ga. 771. 

Mental anguish and wounded feelings, aggravated by insults and n«glect, 
are as much cruel treatment as blows: 76 Ga. 319. 

A cobb 5 ^c §2428. (1714.) Grounds for partial divorce. Divorces from bed 
and board may be granted on any ground which was held sufficient 
in the English courts prior to May 4th, 1784. 

As at common law : 2 Ga. 191-205. Under old Constitution two verdicts not 
necessary: 16 Ga. 81. 

Acti85o, S2429. (1715.) Condonation, collusion, etc. If the adultery, deser- 

Cobb, 226. . c V ' ... . i 

tion, cruel treatment, or intoxication complained of shall have 
been occasioned by the collusion of the parties, and with the inten- 
tion of causing a divorce, or if the party complaining was con- 
senting thereto, or if both parties have been guilty of like conduct, 
or if there has been a voluntary condonation and cohabitation sub- 
sequent to the acts complained of, and with notice thereof, then 
no divorce shall be granted; and in all cases, the party sued may 
plead in defense the conduct of the party suing, and the jury may, 
on examination of the whole case, refuse a divorce. 

Condonation of cruel treatment by the wife: 24 Ga. 238. Condonation by 
the wife of cruel treatment, upon a condition broken by the husband, does not 
prevent her from obtaining a divorce: 41 Ga. 46. When condonation not 
made out by the acts of the husband, and when the wife may recriminate his 
adultery to the charge of cruelty: 29 Ga. 718-722. What is condonation, and 
what is legal cruelty, and where condonation not to be presumed readily as 
against the wife: 36 Ga. 318, 286. " Like conduct" : 31 Ga. 634, 635. 

How far jury may consider lapse of time between accrual of right and suit 
for divorce : 67 Ga. 92. 

Where wife voluntarily cohabits with husband after acts of cruelty, it 
amounts to condonation : 69 Ga. 576. 

Divorce not granted for adultery where voluntary condonation with notice, 
and cohabitation : 91 Ga. 551. 

§2430. (1716.) Confessions of party. The confessions of a party 
to acts of adultery or cruel treatment should be received with great 
caution, and if unsupported by corroborating circumstances, and 
made with a view to be evidence in the cause, should not be deemed 
sufficient to grant a divorce. 

Total divorce not granted on the confession alone of the defendant: 24 
Ga. 239. Confession of parties against themselves, evidence, if no suspicion of 
fraud or collusion : 29 Ga. 718. Confessions of respondent as to adultery since 
marriage, uncorroborated, will not authorize a divorce: 53 Ga. 661. 

Acts 1803, 82431. Petitioner to be a resident. No court in this State shall 

p. 100. 

$5ww. grant divorce of any character to any person who has not been a 



227 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. §§2432-2435 

Of divorces, and how obtained. 

bona fide resident of the State twelve months before the filing of the 
application for divorce. 

§2432. (1717.) Proceedings. The action for divorce shall be by -^JJJ !^ 
petition and process, as in ordinary suits, filed and served as in 
other cases, unless the defendant be non-resident of this State, when 
service shall be perfected as prescribed in this Code in causes in 
equity. The same rules of pleading shall obtain as in other causes 
at law. 

When no sufficient evidence to justify publication as in equity as to non- 
resident defendants : 27 Ga. 466. Non-resident defendants served by publica- 
tion and appearing by attorney, jurisdiction is complete : 31 Ga. 223. A minor 
who is a married woman can sue for a divorce : 49 Ga. 378. 

§2433. (1718.) Respondent may ask a divorce, when. When a libel Acts 1863-4, 
for divorce is instituted, the respondent may, in his or her plea and 
answer, recriminate, and ask a divorce in his or her favor ; and if 
on the trial the jury believe such party is entitled to divorce in- 
stead of the libelant, they may so find upon legal proof, so as to 
avoid the necessity of a cross-action. 

To libel on the ground of cruelty, wife may recriminate the adultery of 
husband: 29 Ga. 718. Plaintiff failing to make out a case, respondent may 
proceed to introduce evidence to support his allegations for a divorce under 
this section : 54 Ga. 527. 

82434. (1719.) Libelant cannot dismiss, when. If one verdict is Acts 1863-4, 
. . • . . . p- 45 - 

found in favor of the respondent, the libelant cannot dismiss his 

or her suit without the consent of the opposite party. 

§2435. (1720.) Schedule. In all suits for divorce, the party ap- Act 1806, 
plying shall render a schedule, on oath, of the property owned or pos- A ( ? t ^°^ 2 
sessed by the parties at the time of the application — or at the time 
of the separation, if the parties have separated — distinguishing the 
separate estate of the wife, if there be any, which shall be filed with 
the petition, or pending the suit, under the order of the court. The 
jury rendering the final verdict in the cause may provide permanent 
alimony for the wife, either from the corpus of the estate or other- 
wise, according to the condition of the husband and the source from 
which the property came into the coverture. 

Need not be filed in an application for a partial divorce: 16 Ga. 87. 
Property set forth in the schedule does not vest, on the finding of the jury in 
favor of the libelant, in the issue of the marriage absolutely, but if any 
creditors they have the first claim: 20 Ga. 120. Antenuptial agreement, 
evidence as to "source" from which the property came: 36 Ga. 286. Provi- 
sion as to permanent alimony construed: 36 Ga. 286. Section cited, and as 
to what description of city lots sufficient: 44 Ga. 437. Property bought after 
schedule filed conveys no title to purchaser: 44 Ga. 444. Husband not en- 
joined from collecting notes pending suit, unless it is obvious the fund would 
be in peril : 59 Ga. 613. Effect of verdict for total divorce in favor of the 
wife as to trust property is not to vest the title in the children : 58 Ga. 86. 



§§2436-2439 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. 228 

Of divorces, and how obtained. 

Second verdict of divorce, disallowing alimony, leaves in husband the title 
to his scheduled property ; 86 Ga. 591. 

Decree, as a judgment in rem, can only operate on property described in 
pleadings: 94 Ga. 628, 449. 

§2436. (1721.) Transfer pending suit. After a separation, no 
transfer by the husband of any of the property, except bona fide in 
payment of pre-existing debts, shall pass the title so as to avoid the 
vesting thereof, according to the final verdict of the jury in the 
cause. 

In case of a partial divorce no lien is created on his property until judg- 
ment rendered : 16 Ga. 81. Deeds made shortly before separation, to children 
of former marriage, are evidence of mala fides : 36 Ga. 286. On this section 
as to transfers of property by the husband, negotiations by the husband and 
wife as to, considered merged in the verdict: 44 Ga. 437. Binding effect of 
verdict: 44 Ga. 437. Section cited; and a valid judgment against the hus- 
band during the pendency of a divorce suit, on a debt before separation, is 
a lien on the property set apart for the wife : 52 Ga. 389, 394. 

Husband enjoined from alienating property : 65 Ga. 193. 

Does not operate in favor of one who has furnished wife supplies, etc., 
but only to secure alimony to wife : 69 Ga. 392. 

This restriction contrary to public policy, and not extended beyond plain 
meaning of law : 69 Ga. 392. 

Husband cannot give note to father's administrator for barred debt, and 
defeat alimony : 75 Ga. 633, 636. 

Property continues alienable if not specifically set out in alimony pro- 
ceedings : 89 Ga. 309. 

Only so much of tract purchased from defendant in alimony suit, bound 
by judgment, as was specifically subjected therein: 94 Ga. 449. 

§2437. (1722.) Verdict of jury. The verdict of the jury shall 
specify the kind of divorce granted, and the disposition to be made 
of the scheduled property. 

Verdict for a total divorce in favor of the wife does not vest trust property 
in the children, although included in the schedule: 58 Ga. 86. 

Second verdict of divorce, disallowing alimony, leaves in husband the title 
to his scheduled property: 86 Ga. 591. 

Decree, as a judgment in rem, can only operate on property described in 
pleadings : 94 Ga. 628. 

Act 1802, 82438. (3565.) Verdict for total divorce. The form of a verdict in 

Cobb, 224. o \ / •/ 

$2425. case of a total divorce may be as follows, to wit: "We, the jury, find 
that sufficient proofs have been submitted to our consideration to 
authorize a total divorce — that is to say, a divorce a vinculo matri- 
monii, upon legal principles, between the parties in this case." 

§2439. (3566.) Verdict for partial divorce. In cases of a partial 
divorce, the form of a verdict may be as follows, to wit: "We, the 
jury, find that sufficient proofs have been submitted to our consid- 
eration to authorize a partial divorce between the parties — that is to 
say, a divorce a mensa et thoro upon legal principles. That the plain- 
tiff shall pay on the day of , to the defendant during 



229 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. §§2440-2447 

Of divorces, and how obtained. 

her natural life, the sum of dollars, for the support and main- 
tenance of the issue of such marriage during their natural lives." 

§2440. No verdict by default. No verdict or judgment by default Act | 6 1895 ' 
shall ever be taken in a suit for divorce, but the allegations in the§ 5074 - 
petition must be established by evidence before the juries. 

§2441. (1723.) New trial. New trials may be granted from ver- 
dicts on applications for divorce, as in other cases. 

§2442. (1724.) Judgment or decree. The verdicts of juries dispos- 
ing of the property in divorce cases shall be carried into effect by the 
courts, by entering up such judgment or decree, or taking such other 
steps usual in chancery courts, as will effectually and fully execute 
the same. 

As to judgments in these cases: 62 Ga. 440. 

A final verdict of divorce dissolves marriage, though no judgment or decree 
be entered thereon : 86 Ga. 591. 

82443. (1725.) Conscientious scruples. A juror having conscien- Acti84o, 

. s v ' .... Cobb, 225. 

tious scruples as to granting divorces, is incompetent to serve on such 
applications. At the request of the complainant, the court may 
inquire of the panel touching such scruples. 

§2444. (1726.) Effect of total divorce. A total divorce annuls the Acts isoo, 
marriage from the time of its rendition, except it be for a cause ren-i86i,p.62. 

$2493 2454. 

dering the marriage void originally; but in no case of divorce shall 
the issue be rendered bastards, except in cases of pregnancy of the 
wife at the time of the marriage. 

Does not make the children bastards : 27 Ga. 109. As to effect of, on trust 
estates : 55 Ga. 506-520. 

§2445. (1727.) Disabilities, how determined. When a divorce is $5868. 
granted, the jury rendering the final verdict shall determine the 
rights and disabilities, subject to the revision of the court. 

Disability to remarry no obstacle to remarrying same wife : 90 Ga. 482. 

§2446. (3586 a. ) Name changed in divorce cases, when. In all divorce Acts 1880-1, 
cases now pending, or hereafter brought, the wife may pray in her 
pleadings for the restoration of the name which she bore at the time 
of her last marriage, and in the event a total divorce shall be granted 
to her in said case, the judgment or decree therein rendered shall 
specify and restore to her the name so prayed for in her pleadings. 

§2447. (1728.) Disabilities, how relieved. When any person, labor- Acts 1872, 
ing under disabilities imposed by the granting of a divorce by the 
courts, shall desire to be relieved of the same, such person shall pe- 
tition the superior court of the county wherein the divorce was 
granted, in which petition there shall be stated the date of the ap- 
plication for the divorce, the grounds for the divorce, and the sub- 
stance of the last verdict, which petition shall be filed with the clerk 
of the superior court of said county, and notice of said application 



§§2448-2452 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. 230 

Of divorces, and how obtained. 

shall be published for sixty days before the first day of the term of 
the court to which the same is returnable, in a newspaper wherein 
the legal advertisements of the ordinary or sheriff of such county are 
published, and where and when the same is to be heard; and if the 
divorced person is in life and resides in the county, such divorced 
person shall be served personally with a notice of such application 
twenty days before the first term of the court to which the same is 
returnable. 
Actsi872, §2448. (1729.) Application, by whom resisted. It shall and may be 
$2455. lawful for the divorced person, or any citizen of said county, to 
resist the application; and should no person resist the same, then 
the solicitor-general shall represent the State, with full power to 
resist the same, as in ordinary divorce cases. 
Acts 1872, §2449. (1730.) Application, when and how tried. Said application 
1878-9, p. 5i. shall be tried at the first term of the court by a jury, selected as 
juries are selected for the trial of common law cases, who shall hear 
all the facts, and if, in their judgment, the interest of the applicant 
or of society demands the removal of such disabilities, the jury 
shall so find, and the party relieved shall be allowed to contract a 
second marriage, as though no marriage had ever existed between 
the applicant and the divorced person. 

Verdict of divorce in 1866, will not authorize the guilty party to marry 
again without proof of a decree of court authorizing to marry : 62 Ga. 408. 

Acts 1872, 82450. (1731.) Rules for continuances. All the statutes and rules 

p. 14. ° . . 

in reference to continuances in other cases in the superior court, 
shall apply to the applications provided for in the three preceding 
sections. 
A cobb?225. §2451. (1732.) Effect of partial divorce. A divorce from bed and 
$2456. board authorizes neither party to marry; and if a sufficient provision 
for the maintenance of the wife has been made by the verdict of the 
jury, the husband shall not be liable for her future support. The 
wife shall be a feme sole as to her earnings and property, as well as 
liberty, after a divorce from bed and board. 

In partial divorce there is no lien on the husband's property until judgment 
rendered: 16 Ga. 81. 

25i6', '2375-' §2452. (1733.) Custody of children. In all cases of divorce granted, 
the party not in default shall be entitled to the custody of the 
minor children of the marriage. The court, however, in the exer- 
cise of a sound discretion, may look into all the circumstances, and, 
after hearing both parties, make a different disposition of the chil- 
dren, withdrawing them from the custody of either or both parties, 
and placing them, if necessary, in possession of guardians appointed 
by the ordinary. The court may exercise a similar discretion 
pending the libel for divorce. 



281 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 2. §§2453-2455 

Of divorces, and how obtained. 

See notes to section 2453. 

Divorce granted to neither party, court cannot make final disposition of 
children : 92 Ga. 506. 

§2453. (4024.) Habeas corpus for wife or child. In all writs of A q ( ^ 5 3 ' 35 
habeas corpus sued out on account of the detention of a wife or child, ffx 50 ^ 4321 
the court, on hearing all the facts, may exercise its discretion as to 
whom the custody of such wife or child shall be given, and shall 
have power to give such custody of a child to a third person. 

Court's discretion should be wide, and unless abused will not be interfered 
with : 59 Ga. 557 ; 42/616 ; 39/174 ; 14/657 ; 34/253. On habeas corpus by one 
holding articles of apprenticeship from mother of a colored child, the child 
having voluntarily yielded to the father, the court should not interfere with 
his or his assignee's custody of the child : 45 Ga. 560, 561. Where ordinary 
had right to determine as to possession of child, and did not abuse his discre- 
tion : 66 Ga. 336. 

This discretion vested in trial court, not reviewing court : 34 Ga. 99 ; 68/650. 

Father not entitled to custody of child as matter of right : 68 Ga. 650. 

Discretion not interfered with unless grossly abused — contest between 
father and mother of minor female : 68 Ga. 803. 

Court must award custody of child to one having legal right thereto, unless 
special circumstances justify other action : 76 Ga. 479. 

Court's discretion in awarding custody of child is guided and governed by 
rules of law : 76 Ga. 479. 

§2454. (1734.) Renewed cohabitation. Parties divorced from bed ^ 2444 ' 2471 - 
and board, on subsequent reconciliation, may live together again as 
husband and wife, by first filing in the office of the ordinary of the 
county where the divorce was granted, their written agreement to 
that effect, attested by the ordinary. 

§2455. (1735.) Ex parte cases. In divorce cases proceeding ea;$ 2448 - 
parte, it is the duty of the judge to see that the grounds are legal, 
and sustained by proof, or to appoint the solicitor-general, or some 
other attorney of the court, to discharge that duty for him. 

Solicitor-general may introduce evidence, and enter fully into the defense, 
but is not entitled to fees : 36 Ga. 618. 

General Note on Divorce. — Ne exeat at the instance of the wife pending a 
libel for divorce, and her affidavit is admissible : 8 Ga. 295. After divorce, the 
wife may convey trust estate to the husband, trustee being party to the pro- 
ceeding : 11 Ga. 379. Contract to convey property in consideration of the dis- 
continuance of suit for, when not enforced at the instance of the children : 
12 Ga. 201. Duty of the court to inquire as to the authority for bringing the 
suit at wife's instance, when suspicion as to its good faith: 18 Ga. 316. De- 
fendant may show that suit brought for divorce without the wife's consent, 
and as to temporary alimony : 19 Ga. 265. Evidence as to solicitude of wife 
while attending the sick-bed of a gentleman: 18 Ga. 696. Amatory letters 
written by one to the wife of another : 18 Ga. 696. Declarations by one that 
he had criminal intercourse with the wife of another, not in her presence, not 
admissible: 18 Ga. 696. Husband's ignorance of wife's improper conduct: 18 
Ga. 696. Discharge from his service of person accused as his accomplice : 18 
Ga. 696. When no jurisdiction over non-residents : 25 Ga. 473. What com- 
munications are not evidence because hearsay : 29 Ga. 718. As to suits for 



§§2456, 2457 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 3. 232 

Of alimony. 

divorce, wife is sui juris: 30 Ga. 81 ; 43/295. On divorce and separation, per- 
manent alimony deprives her of dower: 43 Ga. 295. She may charge husband 
without his consent with counsel fees: 30 Ga. 81. Lex loci governs as to the 
grounds for divorce : 31 Ga. 223. Where offspring of second marriage held not 
to be illegitimate, because the former hushand was not known to be living: 
34 Ga. 407. Suit for divorce in the name of a lunatic wife by her next 
friend is not maintainable : 36 Ga. 45. Declarations of the wife when leaving 
her husband's house and taking articles of household furniture, admissible, 
although the husband not present : 36 Ga. 286. Husband as witness against a 
wife in a suit -for divorce for desertion, except as to what knowledge he may 
have derived from the confidential relation : 41 Ga. 613. When total divorce 
and marriage do not affect property settled in trust : 55 Ga. 506. 

Defendant arrested here, under bill in aid of libel for divorce, for purpose 
of securing alimony : 75 Ga. 549. 



SECTION 3. 

OF ALIMONY. 



$2451. §2456. (1736.) Permanent and temporary. Alimony is an allow- 

ance out of the husband's estate, made for the support of the wife 
when living separate from him. It is either temporary or perma- 
nent. • 

Defined : 36 Ga. 286. Alimony sought on divorce and legal marriage denied: 
17 Ga. 139. Alimony to be allowed, although the wife was pregnant at the time 
of her marriage : 18 Ga. 273. Husband by his conduct estopped from denying 
the legality of his marriage, on an application for alimony : 60 Ga. 204. Section 
cited ; and alimony granted excessive, and was reduced to twenty dollars a 
month : 54 Ga. 285, 560. Cannot restrain husband from collecting notes during 
pendency of action for divorce, and no danger shown to the fund : 59 Ga. 615. 

$2467. §2457. (1737.) Proceedings to obtain. Whenever an action for di- 

vorce, at the instance of either party, is pending, or a suit by the 
wife for permanent alimony, the wife may, at any regular term of the 
court in which the same is pending, apply to the presiding judge, by 
petition, for an order granting to her temporary alimony pending 
the cause; and, after hearing both parties, and evidence as to all the 
circumstances of the parties and as to the fact of marriage, the court 
shall grant an order allowing such temporary alimony, including ex- 
penses of litigation, as the condition of the husband and the facts of 
the case may justify. 

Power to grant, incident to jurisdiction of superior court over divorce, and 
the amount is subject to judicial discretion: 10 Ga. 477. To the superior 
court, and not to the judge, is this power incident: 29 Ga. 109. Conduct of 
wife not very closely scrutinized on application for: 15 Ga. 97. Bona fides of 
the proceeding is for the court : 19 Ga. 265. May be granted so as to relate 
back to the commencement of the suit : 19 Ga. 265. Plea that the libel for di- 
vorce was brought by others : 19 Ga. 265. It is no sufficient reply in a motion 
for, that the husband has made provision for her maintenance, and will do so 



233 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 3. §2458 

Of alimony. 

in future: 22 Ga. 31. Not granted where the parties voluntarily separated, 
and she took back as her separate estate her property at marriage : 25 Ga. 186. 
"Expenses of litigation" husband must advance to the wife : 25 Ga. 186. When 
the amount for alimony and counsel fees was not excessive: 29 Ga. 517, 518. 
At any regular term : 29 Ga. 109. Husband entitled to notice : 29 Ga. 109. Wife 
may charge husband, without his consent, with her attorney's fees in the case : 
30 Ga. 81, 82. Granted as a part of her maintenance : 30 Ga. 81, 82. If the libel 
is dismissed, the order for alimony, but not for fees, will be rescinded : 33 Ga. 
172. Solicitor-general appointed by the court in this class of cases is not enti- 
tled to fees : 36 Ga. 618. Order for counsel fees and alimony will not be re- 
viewed by the Supreme Court pending action for divorce : 41 Ga. 46 ; 43/178. 
Judge of the superior court alone can fix the matter of fees in this class of 
cases : 50 Ga. 95. Attachment is the proper remedy to enforce an order for 
alimony : 29 Ga. 109. When husband estopped on application for, to deny the 
legality of his marriage: 60 Ga. 204. Alimony not to be allowed on slight 
grounds: 39 Ga. 53. The court should look into the good faith of suit for, in 
the wife's name, where suspicious circumstances: 18 Ga. 316. Where, under 
rule against the husband for failure to pay alimony, the amount should have 
been reduced as excessive : 23 Ga. 286. Where an order giving the husband a 
support out of the property was erroneous : 37 Ga. 627-633. 

Pending bill for alimony by abandoned wife versus non-resident husband, 
served while in county, chancellor could grant temporary alimony: 67 Ga. 423. 

Discretion of chancellor as to amount of allowance of counsel fees and sup- 
port pendente lite, etc. : 67 Ga. 423. 

Matter of notice, or continuance for absence of witness, in discretion of 
judge : 68 Ga. 835. 

On hearing, fact of marriage and liability of husband to support wife as she 
had been accustomed to live, controlling questions: 69 Ga. 483. 

Divorce case going to Supreme Court, temporary alimony not cease with 
judgment below, etc., and as to subsequent provision for permanent alimony: 
69 Ga. 676. 

Not deprived of right to recover temporary alimony, under court's order, 
by final verdict disallowing permanent : 75 Ga. 549. 

No jurisdiction at chambers to grant alimony unless suit pending : 77 Ga. 124. 

Pending divorce suit or bona fide separation, judge may grant orders as to 
conjugal matters in term or in vacation, on three days notice : 78 Ga. 79. 

Husband earning $30.00 monthly, $4.00 monthly alimony not excessive: 78 
Ga. 79. 

§2458. (1738.) Discretion of judge. In arriving at the proper pro- 
vision, the judge shall consider the peculiar necessities of the wife, 
growing out of the pending litigation; he may also consider any evi- 
dence of a separate estate owned by the wife, and if such estate is 
ample, as compared with the husband's, temporary alimony may be 
refused. 

Discretion of the judge should depend on the condition of the husband : 10 
Ga. 477. It is within the discretion of the court, and marriage and the pend- 
ing of a suit are necessary to obtain temporary alimony : 19 Ga. 265. The court 
should investigate the amount of the husband's property and income to arrive 
at a just conclusion : 44 Ga. 216. Separate estate of the wife should also be 
looked into to determine the amount of property : 15 Ga. 97. Where the judge's 
discretion as to the amount was controlled : 23 Ga. 286. Where no further 
amount was allowed to wife for maintenance than expenses of litigation : 25 



|§ 2459-2461 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 3. 234 

Of alimony. 

Ga. 186. Discretion of the judge not controlled unless abused, divorce and 
temporary alimony : 49 Ga. 379. Too excessive an amount was allowed where 
the child was otherwise provided for, and wife could help to support herself, 
and her husband's means were limited : 54 Ga. 560. 

What judge should inquire into and consider: 66 Ga. 142. 

Allowance of alimony, amount, etc., in discretion of court: 68 Ga. 835. 

Where, upon facts, it was not error to grant alimony: 94 Ga. 490; where 
it was error: 94 Ga. 492. 

§2459. (1739.) Revision and enforcement. The order allowing ali- 
mony shall be subject to revision by the court at any time, and may 
be enforced either by writ of fieri facias or by attachment for con- 
tempt against the person of the husband. A failure to comply with 
the order shall not deprive the husband of his right either to prose- 
cute or defend his cause. 

The court may modify the order for temporary alimony, and increase or de- 
crease it : 10 Ga. 477. Where the court should have reduced the amount for 
alimony : 23 Ga. 286. Failure to comply with any order does not take away 
the party's right to defend : 15 Ga. 405. Formerly enforced by attachment 
only : 29 Ga. 109. Attachment for contempt not objectionable to any consti- 
tutional provision of the Constitution of 1868: 44 Ga. 216, 217. 

Decree for alimony superior to garnishment exemption privileges : 74 Ga. 
106. 

Where husband's failure to pay alimony under decree is not due to inabil- 
ity, cdurt should issue attachment, directing his imprisonment until order 
complied with ; such proceeding not equivalent to imprisonment for debt : 80 
Ga. 706. 



*# 



§2460. (1740.) Merits not in issue . On applications for temporary 
alimony, the merits of the cause are not in issue, though the judge, 
in fixing the amount of alimony, may inquire into the cause and 
circumstances of the separation rendering the alimony necessary, 
and in his discretion may refuse it altogether. 

Section cited and construed : 38 Ga. 663. Act of 1870 does not change the 
rule as to discretion, although the children in the wife's custody are to be 
included in the temporary alimony: 47 Ga. 336. 

When this section applicable, and when section 2467: 66 Ga. 144, 145. 

^fils 870 ' §2461. (1741.) Support and custody of children pending suits for 
^387 3 ' 2375 " divorce. In suits for divorce, the judge presiding may, either in 
term or vacation, grant alimony, or decree a sum sufficient for the 
support of the family of the husband dependent upon him, and who 
have a legal claim upon his support, as well as for the support of his 
wife; and may also, on said motion, hear and determine who shall 
be entitled to the care and custody of the children pending the liti- 
gation, as if the same was before him on a writ of habeas corpus; and 
in case a sum is awarded for the support of said family, the husband 
shall not be liable to third persons for necessaries furnished them. 

Discretion of the court controlled : 37 Ga. 627. Judge acted according to 
law in refusing alimony to the wife and minor children, under the facts of this 



235 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 3. §§2462-2466 

Of alimony. 

case : 47 Ga. 332. Right to fees in these cases only cognizable by the superior 
court : 50 Ga. 95. 

§2462. (1742.) Alimony for children on final trial. If the jury, on ^f^ 870 ' 
the second or final verdict, find in favor of the wife, they shall also, $ 2452 - 
in providing permanent alimony for her, specify what amount the 
minor children shall be entitled to for their permanent support; and 
in what manner, how often, to whom, and until when, it shall be 
paid; and this they may also do, if, from any legal cause, the wife 
may not be entitled to permanent alimony, and the said children 
are not in the same category; and when such support shall be thus 
granted, the husband shall likewise not be liable to third persons for 
necessaries furnished the children embraced in said verdict who shall 
be therein specified. 

Final verdict for divorce, and the children allowed out of the separate 
property of the wife, the husband cannot object: 49 Ga. 302. 

§2463. (1743.) Judgments, how enforced. Such orders, decrees or Acts mo, 
verdicts, permanent or temporary, in favor of the children or family 
of the husband, may be enforced as those in favor of the wife exclu- 
sively. 

§2464. (1744.) Permanent alimony, when granted. Permanent ali- 
mony is granted in the following cases: 1. Of divorce as con- 
sidered in the former Section. 2. In cases of voluntary separation. 
3. Where the wife, against her will, is either abandoned or driven 
off by her husband. 

Where non-resident abandoned wife in Savannah, and was served in Chat- 
ham county with wife's bill for alimony : 67 Ga. 423. 

"Word "Section" means Section 2, being sections 2425-2455; alimony goes 
with divorce as matter of course, whether divorce total or partial : 90 Ga. 687. 

§2465. (1745.) Husband's voluntary deed. In either of the two 
latter cases the husband may voluntarily, by deed, make an ade- 
quate provision for the support and maintenance of his wife, con- 
sistent with his means and her former circumstances, which shall be 
a bar to her right to permanent alimony. 

Provision by husband for wife does not bar her application for temporary 
alimony, when divorce pending: 22 Ga. 31. Where the parties by deed of set- 
tlement have agreed upon an annuity for her maintenance, no temporary ali- 
mony will be allowed. But it is different where the husband does not comply 
with his covenant by paying over the same to her: 33 Ga. Sup. 99. 

§2466. (1746.) Decree in equity. In the absence of such provi- 
sion, on the application of the wife, a court of equity may, by decree, 
compel the husband to such provision for the support of the wife 
and such minor children as may be in her custody, as indicated in 
the foregoing paragraph. 

Petition refused : 47 Ga. 332-336. 

Compelled by equity to make such provision ; enjoined from alienating 
property, and persons co-operating with him restrained : 65 Ga. 193. 



§§2467-2469 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 3. 286 

Of alimony. 

Act | 1 | 870 ' §2467. (1747.) Proceeding for alimony before the judge. When hus- 
$2457. band and wife are living separately, or are bona fide in a state of 
separation, and there is no action for divorce pending, the wife may, 
in behalf of herself and her minor children, if any, or either, insti- 
tute a proceeding by petition setting forth fully her case; and upon 
three days notice to the husband, the judge may hear the same in 
term or vacation, and grant such order as he might grant were it 
based on a pending libel for divorce, to be enforced in the same 
manner, together with any other remedy applicable in a court of 
equity, such as appointing a receiver and the like, and should such 
proceeding proceed to a hearing before a jury, they shall decree as 
provided by section 2466 of this Code for such cases, but such pro- 
ceeding shall be in abeyance when a libel for divorce shall be filed, 
bona fide, by either party, and the judge presiding shall have made 
his order on the motion for alimony, and when so made, such order 
shall be a substitute for the aforesaid decree in equity, as long as 
said libel shall be pending and not finally disposed of on the merits. 

Under this section where discretion as to amount is controlled : 54 Ga. 560. 

In allowance, jury not confined to property owned by husband at date of 
verdict: 65 Ga. 476. 

Agreement here amounted to voluntary separation : 66 Ga. 142. 

Discretion of chancellor as to amount of allowance of counsel fees and sup- 
port pendente lite, etc. : 67 Ga. 423. 

Pending bill for alimony by abandoned wife versus non-resident husband, 
served while in county, chancellor could grant temporary alimony : 67 Ga. 423. 

Wife living apart from husband allowed alimony, no matter what brought 
about separation : 76 Ga. 319. 

No jurisdiction, at chambers, to grant alimony, unless suit pending: 77 
Ga. 124. 

Pending divorce suit or bona fide separation, judge may grant orders as to 
conjugal matters: 78 Ga. 79. 

Husband earning $30.00 monthly, $4.00 monthly alimony not excessive: 
78 Ga. 79. 

Where right to alimony involved competition between two alleged marriages, 
as to validity of the two marriage contracts : 83 Ga. 285. Where right to ali- 
mony involved legality of marriage on ground that wife had negro blood ; held, 
husband estopped : 60 Ga. 204. 

Wife separating from husband, he in possession of home, though title in 
her, judicial interference with its use by injunction, unwise: 86 Ga. 773. 

Petition praying divorce, alimony, injunction against transfer of property, 
etc., amendable by stinking divorce prayer : 90 Ga. 245; bill not multifarious: 
90 Ga. 245. 

^ui 870 ' §2468. (1748.) Bill of exceptions and proceedings thereon. The judg- 
$5540. menls of the judges of the superior court in such cases, whether at 
law or in equity, in term or vacation, or in the progress of the cause, 
shall be the subject of writ of error, and on the same terms as are 
prescribed in cases of injunctions 
$$2478,2179. §2469. (1749 .) Liability to third per son before, etc. Until such pro- 
vision is made, voluntarily, or by decree or order of the court, the 



237 THIRD TITLE.— CHAP. 1, ART. 1, SEC. 3. §§2470-2472 

Of alimony. 

husband shall be liable to third persons for the board and support of 
the wife, and for all necessaries furnished to her, or for the benefit 
of his children in her custody. 

See section 2477 and. notes. 

But one so furnishing her stands with other creditors of husband, and has 
no lien against his property sold to bona fide purchaser before judgment: 69 
Ga. 392. 

§2470. (1750.) After alimony granted. When permanent alimony 
is granted, the husband ceases to be liable for any debt or contract 
of the wife; on the other hand, he ceases to have any power to con- 
trol her acquisitions by purchase, or descent, or gift, or otherwise; 
and the property of the husband set apart for the support of the 
wife is not subject to his debts or contracts as long as she lives. 

Section cited : 36 Ga. 319. Section construed, where her debts to be paid first 
out of such assets : 52 Ga. 652. 

§2471. (1751.) Subsequent cohabitations. The subsequent volun-^ 2454 - 
tary cohabitation of the husband and wife shall annul and set aside 
all provision made, either by deed or decree, for permanent alimony. 
The rights of children under any deed of separation or voluntary 
provision or decree for alimony shall not be affected thereby. 

Effect of subsequent voluntary cohabitation is to rescind all provision for per- 
manent alimony for the wife : 8 Ga. 341. Rights of children under such deed 
do not extend to enforcing it by bill when the husband refuses to execute : 
12 Ga. 201. 

§2472. (1752.) Interest of wife in husband's estate. After permanent 
alimony granted, upon the death of the husband the wife is not en- 
titled to any further interest in his estate in her right as wife, but 
such permanent provision shall be continued to her, or a portion of 
the estate equivalent thereto shall be set apart to her. 

Decree for permanent alimony bars dower: 43 Ga. 295. Widow's interest in 
husband's estate after administration and her poi-tion set apart : 57 Ga. 425, 426. 

Decree for permanent alimony continues after husband's death and takes 
precedence of prior judgment: 73 Ga. 303. 

General Note on Alimony. — When contract to convey property in consid- 
eration of the discontinuance of suit for, not enforced at the instance of chil- 
dren: 12 Ga. 201. Where the defendant filed a plea resisting the application 
for, on the ground that he had never been married to applicant, it should have 
been entertained : 17 Ga. 139. Defense against alimony on the ground that the 
wife was pregnant when he married her, will not avail : 18 Ga. 273. Contin- 
uance should be granted on the ground of absence of material witness upon 
motion therefor : 39 Ga. 53. Great caution in granting alimony, proper : 39 Ga. 
53. Definitions of alimony and condonation : 36 Ga. 319, 286. Libel for divorce 
pending when the Code was adopted, the jury distributes the property between 
the parties and their children according to the law before the Code : 54 Ga. 
285. 

Verdict allowing alimony, legal, though no provision made for debts of hus- 
band : 65 Ga. 476. 



2473, 2474 THIRD TITLE.— CHAPTER 1, ARTICLE 2. 238 

Of the rights and liabilities of husband and wife. 

Act of 1870, page 413, not unconstitutional as expressing more than one sub- 
ject-matter : 65 Ga. 476. 

Where husband endeavored to defeat alimony by fraudulently giving note to 
father's administrator to absorb his share of estate : 75 Ga. 632. 



ARTICLE 2. 

OP THE RIGHTS AND LIABILITIES OF HUSBAND AND WIFE.* 

Acts 1855-6, §2473. (1753.) Husband is head of family. In this State the hus- 

Codei863, band is the head of the family, and the wife is subject to him; her 

$2476. legal civil existence is merged in the husband, except so far as the 

law recognizes her separately, either for her own protection, or for 

her benefit, or for the preservation of public order. 

Husband cannot stipulate before marriage for immunity of his property 
from her debts : 22 Ga. 125, 126. Marriage before the Code of 1863, the husband 
was responsible only for the wife's debts to the extent of the property re- 
ceived through her: 38 Ga. 257. Husband can recover wife's land not reduced 
to possession, without administration: 29 Ga. 58. Section cited, husband is 
the head of the family, claim case: 59 Ga. 71. Ejectment case, where this 
section was construed as an estoppel, as to both husband and wife: 64 Ga. 
598. The husband may waive homestead right in a mortgage so as to bind 
himself" and family: 56 Ga. 54. As to the relation of husband and wife under 
the Act of 1866 and the Constitution of 1868, the wife may make a valid 
will as to her separate estate : 56 Ga. 344. The wife may bind her trust estate 
by mortgage : 52 Ga. 205. Rent due the wife paid by her husband by deed of 
land to her : 55 Ga. 332. Debt due wife by husband settled by giving her a 
note on his partner: 61 Ga. 97. 

Appearance of the wife by her husband as agent is the same as appearing 
herself : 71 Ga. 860. 

Wife leasing land, compelled to remove by wrongful eviction of husband, 
entitled to damages : 85 Ga. 606. 

Acts 1866, §2474. (1754.) Wife's property, when separate. All the property of 
SteTOo 2488 the wife at the time of her marriage, whether real, personal, or choses 
in action, shall be and remain the separate property of the wife; 
and all property given to, inherited, or acquired by the wife during 
coverture, shall vest in and belong to the wife, and shall not be 
liable for the payment of any debt, default, or contract of the 
husband. 

See notes to sections 2475, 2488. 

Notes taken from Code of 1882 : 

At common law and before the Act of 1866, marriage vested wife's person- 
alty of which she was possessed in her husband : 1 Ga. 637. Married woman 
was a, feme sole as to her separate estate, unless controlled by the settlement: 
9 Ga. 224. Husband can sue after marriage for his wife's personal property 
converted before : 17 Ga. 267. Marriage vested real and personal property in 
the husband : 21 Ga. 161. On marriage wife's personal chattels in possession 



*See Dower. 



239 THIRD TITLE.— CHAPTER 1, ARTICLE 2. §2474 



Of the rights and liabilities of husband and wife. 



vested in her husband : 23 Ga. 484. On this section and provision in the Con- 
stitution, wife is a, feme sole as to all property she had on marriage or inherited 
by her since: 39 Ga. 41. When husband a proper party to recover wife's 
property belonging to her at marriage : 59 Ga. 17 ; 57/412. Prior to 1866, the 
real estate of the wife vested in her husband, and if he was barred as to, so 
was she: 47 Ga. 674. Purchaser from the husband without notice, protected 
also as to his wife ; the record of a voluntary deed is not notice : 54 Ga. 614. 
Presumed that the husband bought the property with his own money ; and as 
to transfer of wife's note : 51 Ga. 13-15. Injunction should have been refused, 
because it should have appeared that the wife's money was put in the firm 
business with notice thereof: 51 Ga. 291. Wife's estate not responsible for the 
wages of an overseer employed by the husband : 56 Ga. 47. The wife may now, 
under the Code, make a will as to her separate estate without her husband's 
consent : 56 Ga. 344. The wife a cestui que trust since 1866, can assign her mort- 
gage interest : 61 Ga. 171. A married woman can mortgage her trust estate : 
61 Ga. 246 ; 52/205. Husband cannot assert his wife's right to her separate 
estate in his name: 51 Ga. 147. Joint residence by husband and wife on 
realty is not notice of a claim of interest in it by the latter: 61 Ga. 346. 
Where the husband sold the wife's separate property to one person, and that 
one sold it to still another, this last protected where he bought without 
notice: 60 Ga. 29. Where husband could recover wife's land after her death 
without even reducing it to possession: 29 Ga. 58. Income from separate 
estate protected as to wife : 53 Ga. 318-323. Acquisitions of the wife subse- 
quent to 1866 and 1868 belong to her, although she was married anterior to 
those years : 63 Ga. 742-744. The wife only essential plaintiff in a suit for her 
legacy : 61 Ga. 671. Section cited ; and where the trustee exceeded his powers 
as to the trust estate of his wife : 52 Ga. 454. Where it was an executed 
trust and she could not deed it to secure or pay her husband's debt: 62 Ga. 
738, 743. Wife suing for her money paid on her husband's debts : 61 Ga. 662. 
When lien of a judgment creditor enforced as against the secret equity of the 
wife: 56 Ga. 79. Where the wife had no lien on the land, but might recover 
her money from the vendor, put in the land by the husband : 56 Ga. 22, 23. 
Notes from decisions since Code of 1882 : 

Actions by and against married women, see "Suits," infra. 

Bona fide purchaser, cited : 69 Ga. 330. 

Wife's equity, prior to Act of 1866, not set up against purchaser under judg- 
ment against husband, who invested her earnings in his name: 68 Ga. 524. 
Where paper title in husband, bona fide mortgagee protected : 94 Ga. 573 ; 70/21. 

Chose in action, right to distributive share of estate in representative's 
hands is. Defined, and distinguished from chose in possession : 72 Ga. 51. 

Contract, since married woman's Act, contract by her, binding whether she 
has separate estate or not : 85 Ga. 741. See catchword "Contract" under section 
2488. Married woman's note made in Georgia, renewing note made in another 
State, to pay husband's debt, bound her personally : 92 Ga. 238, 242. Married 
woman, prior to Code, could not bind herself by money contract, but could her 
separate estate, and to what extent: 92 Ga. 237, 242. 

Deed by administrator of wife's father, in 1867, to husband and wife jointly, 
presumed father died prior to 1866, and husband asserted marital rights to 
one-half : 95 Ga. 13. 

Earnings, prior to 1866, earnings of married woman living with husband and 
not free trader, belonged to husband : 73 Ga. 370 ; 76/104. See 68 Ga. 524. 
Earnings belong to husband, hence damage of wife for personal injuries meas- 
ured only by enlightened conscience of jury : 91 Ga. 813. As to money earned 
by sewing: 73 Ga. 276. 



§2474 THIRD TITLE.— CHAPTER 1, ARTICLE 2. 240 



Of the rights and liabilities of husband and wife. 



Estoppel, husband and privies estopped from denying wife's right to prop- 
erty which came to her prior to 1866, when : 67 Ga. 195. 

Feme sole, wife is, as to property: 70 Ga. 326 ; 72/1. 

Guardian, since Act of 1866, female guardian's letters do not abate on her 
marriage : 73 Ga. 319. 

Husband, married before this Act, could reduce wife's property to posses- 
sion after it, but could waive his right: 71 Ga. 231 ; 72/1. Where he reduced it 
to possession as hers, giving her a mortgage for use of it, good against creditors : 
72 Ga. 1. Marital rights of husband, in wife's property, before and after, and 
as affected by Act of 1866, fully discussed: 82 Ga. 704. Prior to the Act of 
1866, husband could be debtor of wife : 72 Ga. 11. 

Husband managing wife's separate property, her general agent, and as such 
liable to account for income and profits : 85 Ga. 323. Deed by administrator 
of wife's father, in 1867, to husband and wife jointly, presumed father died 
prior to 1866 and husband asserted marital rights to one-half: 95 Ga. 13. Will 
taking effect before Act of 1866, property devised to wife vested in husband : 67 
Ga. 269. Where husband could not recover for wife's stock killed, though he 
paid part of purchase money : 89 Ga. 457. Where he had no authority to bind 
her by signing petition to widen road : 89 Ga. 615. Husband has no implied 
authority to employ counsel in behalf of wife on her credit ; nor had he under 
facts: 94 Ga. 671. 

Husband's debt, husband cannot use wife's money to pay ; creditor know- 
ingly receiving such, liable to wife : 70 Ga. 179. May set off, however, that 
wife supported with rents of land bought therewith: 70 Ga. 179. Wife's deed 
in payment of, only void as against her, coverture being personal privilege : 
88 Ga. 84. 

Joint debt, husband and wife may become joint lessees of house, and wife 
liable for rent : 85 Ga. 816. In suit on joint note of husband and wife she may 
show husband got part consideration : 94 Ga. 500. Wife liable to what extent 
on mortgage made jointly with husband for advances : 94 Ga. 500. 

Land, wife has special lien only on land bought with her money : 70 Ga. 179. 
May follow money into land, as against husband's creditor with notice: 70 
Ga. 179. Though wife's money paid for land, if title taken in husband and 
debts incurred on faith of it as his, it is subject: 72 Ga. 39. Interest in land 
not reduced to possession, wife took by survivorship. Land was on the same 
footing as personalty, by the Act of 1789: 72 Ga. 51. 

Lex loci, property of wife never reduced to possession by husband, distrib- 
uted at his death by law of her domicile : 71 Ga. 231. 

Liability for necessaries, supplies sold on credit of husband, though wife 
received benefit, latter not liable, when : 86 Ga. 696. 

Limitations, husband managing wife's property, occupies a fiduciary rela- 
tion to her, and limitations not run in his favor, against her claim for an 
accounting: 85 Ga. 323. 

Mortgage, wife may be creditor of husband and take valid mortgage from 
him: 72 Ga. 1. Wife's money buying land, title conveyed to husband, bona 
fide mortgagee protected against her equity : 70 Ga. 201. 

Possession, of wife under husband's deed, adverse to him: 77 Ga. 445. 

Power of attorney by wife to husband, not retroactive: 94 Ga. 500. 

Purchase money, wife's land sold to pay, though debt legally husband's, 
he having purchased as her agent and given his own note with retention of 
title in vendor: 79 Ga. 649. 

Res jtidicata, married woman could not set up defense after judgment against 
herself and husband : 77 Ga. 84. 



241 THIRD TITLE.— CHAPTER 1, ARTICLE 2. §2475 

Of the rights and liabilities of husband and wife. 

Separate estate, prior to woman's law of 1866, married woman could convey 
separate estate only by mode provided in instrument creating it : 73 Ga. 576. 
Such instrument governed by law as it stood at time of execution ; "woman's 
law" not retroactive: 73 Ga. 576. Son-in-law's deed in 1865 to mother-in- 
law, for love, etc. , conveyed separate estate here : 74 Ga. 130. Deed to husband 
and wife from her father in 1849, created no separate estate in her : 89 Ga. 750. 

Suits by and against married women. Though section 1774 of the Code of 
1882, as to when married women may litigate alone, is no longer of force, yet 
certain decisions cognate to the general subject are here preserved. May sue 
or be sued in respect to separate estate: 68 Ga. 255. See also 15 Ga. 124; 
13/138 ; 39/41. Suit by her in her own name for money due her for labor : 44 
Ga. 541. Husband's creditor receiving wife's money, investing in land, and 
making bond for title to husband, may set off against wife's suit that she sub- 
sisted on the land rents, etc. : 70 Ga. 179. Married woman keeping boarding 
house, since 1866, could sue boarder for board in her own name: 74 Ga. 834. 
Citing : 73 Ga. 275. Should sue husband and wife together for torts by the wife 
not in his presence : 11 Ga. 22. Court of equity has jurisdiction to set up wife's 
equity in property coming to her from her father's estate, before reduced to 
possession by her : 80 Ga. 178. Court could make provision for her children 
though not made parties, she not objecting: 80 Ga. 178. Where husband and 
wife paid jointly for land conveyed to wife alone, joint action for money had 
and received lay for any overpayment : 87 Ga. 571. 

Surety, where, under facts, she was not husband's surety ; borrowing was for 
joint benefit: 89 Ga. 306. But husband real borrower, lender knowing it, 
though money delivered to wife, her mortgage of her property as security was 
void : 90 Ga. 190. Wife surety for husband for money obtained on joint credit 
for his use : 94 Ga. 500. 

Trust, husband paying for land, but taking title to himself as trustee for wife, 
since woman's Act, title in her: 86 Ga. 773. Deed to one as trustee for mar- 
ried woman, since woman's Act, vests legal title in the woman : 62 Ga. 733 ; 
81/34. Trust for married woman before 1866, executed by woman's law, and 
prescription ran against cestui que trust: 78 Ga. 1. So, also, wife's conveyance 
in 1868 was valid and unaffected by subsequent judgment against her: 78 Ga. 
1 (5). Cases holding that trusts created before Act of 1866 were executed upon 
passage of that Act, sustained : 80 Ga. 36. See decisions above, and 61 Ga. 171 ; 
69/330. Trust in marriage settlement made prior to Act of 1866, has become 
executed since : 84 Ga. 786. 

Will taking effect before Act of 1866, property devised to married woman 
vested in husband and could be conveyed by him : 67 Ga. 269. Married woman 
has same rights as man as to willing her separate estate : 56 Ga. 344. 

§2475. (1755. ) Torts to wife. If a tort be committed upon the per- ^ 381fi » 3893 - 
son or reputation of the wife, the husband or wife may recover there- 
for; if the wife is living separate from the husband, she may sue for 
such torts, and also torts to her children, and recover the same to 
her use. She may enforce contracts made in reference to her own 
acquisitions. 

Joinder of the husband with his wife in a suit to recover for a tort to the 
wife : 57 Ga. 252. Husband may be agent for his wife as to her separate estate, 
and she may be garnisheed if she owes her husband anything for such services : 
55 Ga. 406, 407. Injunction refused and no claim by the wife allowed for serv- 
ices : 51 Ga. 566. When bill sustained by the wife to recover separate estate : 
51 Ga. 35. Judgment against the husband does not bind the wife's separate 
16 



§§ 2476-2478 THIRD TJTLE.— CHAPTER 1, ARTICLE 2. 242 

Of the rights and liabilities of husband and wife. 

estate : 51 Ga. 452. Married woman may convey her separate estate by a deed : 
55 Ga. 41. When the husband acted as trustee and the property was held to 
be the wife's separate estate: 53 Ga. 281 ; 51/35. 

Wife, though living with husband, may sue in her own name for physical in- 
jury : 73 Ga. 479. 

Suit for homicide of minor son, maintained by wife, living separate, in her 
own name and in that of husband for her use : 77 Ga. 237. 

Wife, without joining husband, could not recover expenses incurred in con- 
sequence of injury : 77 Ga. 756. 

Measure of damages in suit by one for tortious injury to wife by railroad 
company : 91 Ga. 466, 471. 

Wife's earnings belong to husband ; hence damages of married woman for 
personal injuries measured only by enlightened conscience of jury : 91 Ga. 813. 

irisT 851 " 2 ' §2476. (1756.) Acquisitions of wife living separate from her husband. 

$2478. When living separate from her husband, the acquisitions of a wife 
and of her children living with her shall be vested in the wife for 
her separate use, free from, the debts, contracts, or control of her 
husband, and at her death, intestate, the same shall descend to her 
children, and if none, to her next of kin. 

Wife deserted by her husband before the Code, she could render her sepa- 
rate estate liable for the debts of her husband : 41 Ga. 143 ; but see 24 Ga. 52, 
194. Deed by the husband to wife for rent due by him to her : 55 Ga. 332. 
Wife may carry on business through her husband as agent: 55 Ga. 406. 

Semble, that since 1866, wife need not be separated from husband, for money 
earned by sewing to be hers individually : 73 Ga. 276. 

To earnings of married woman not a free trader nor separated from husband, 
prior to 1866, his marital rights attached : 73 Ga. 370; 76/104; see 68 Ga. 524; 
91/813. 
$$2469,8001. §2477. (1757.) Agency of ivife in respect to necessaries. The husband 
is bound to support and maintain his wife, and his consent shall be 
presumed to her agency in all purchases of necessaries suitable to 
her condition and habits of life, made for the use of herself and 
the family. This presumption may be rebutted by proof. 

Pi*esumption from cohabitation and joint use of goods, as to the agency of the 
wife : 6 Ga. 14. Where the wife has a separate estate and the note is taken from 
her: 6 Ga. 14. Credit given to the wife and the husband is not liable there- 
for : 6 Ga. 14. Parol promise of husband to pay in such cases, void : 6 Ga. 14. 
Rebutted by proof: 6 Ga. 18. Whether the credit was given to the wife is for 
the jury: 11 Ga. 324. Subsequent provisions for past alimony, no bar to re- 
covery : 11 Ga. 324. Wife's agency to bind the husband extends only to neces- 
saries : 50 Ga. 244. Husband general agent for his wife as to her separate 
estate : 51 Ga. 263. If wife owe husband anything for services as her agent, it 
is subject to be garnisheed by his creditors : 55 Ga. 406. 

Credit extended to wife ; husband not bound here, though seller expected 
him to furnish money: 65 Ga. 686. 

Husband bound for board of wife and children, although wife negotiated, 
and party intended to credit her: 92 Ga. 769. 

W246»,3(kh. §2478. (1758.) Liability of husband for necessaries. The husband 
is bound for necessaries furnished to the wife, when separated from 
him, subject to the limitations hereinbefore provided. If the wife be 



243 THIRD TITLE.— CHAPTER 1, ARTICLE 2. §2479 

Of the rights and liabilities of husband and wife. 



living in adultery with another man, the husband is not liable; but 
notice by the husband shall not relieve him from liability, if his 
wife is separated from him by reason of his own misconduct; if she 
voluntarily abandons him without sufficient provocation, notice by 
the husband shall relieve him of all liability for necessaries fur- 
nished to her. 

Where they live separate, the onus is on the tradesman to show he credited 
the husband and not the wife, being a question of fact for the jury : 11 Ga. 324. 
Suit against a husband of a minor upon a contract with the wife dum sola, for 
necessaries, wife must be joined in the suit: 13 Ga. 467. 

§2479. (1759.) General agency of wife. The wif e may act as attor- ^ 2469 > 8001 - 
ney and agent for the husband, but, except in cases before mentioned, 
proof of such authority must be made as in other cases. 

And husband may be agent for his wife as to her separate estate, just as 
any one else could be : 54 Ga. 263. 

General Note. Notes taken from Code of 1882 : 

Wife's equity good as against the husband : 1 Ga. 637. Adequate provision 
for wife and children in equity, as against judgment creditors : 3 Ga. 192. As to 
creditors' claims on the wife's chose in action through her husband : 3 Ga. 546. 
Wife's equity as to her choses as against husband's creditors: 9 Ga. 328, 333. 
Assignment by the husband as to wife's distributive share : 14 Ga. 402. When 
she should not sue through husband but through her prochein ami, should suit 
be brought against her trustee for her: 15 Ga. 124. Wife's equity to a settle- 
ment out of her father's estate : 29 Ga. 117, 374. Children's right to equity of 
a settlement depending on the mother: 31 Ga. 62.. Wife's equity, judgment 
lien and purchaser, notice: 33 Ga. 153. Separate estate by parol without 
trustee, wife's equity, notice: 34 Ga. 297. Her choses in action: 1 Ga. 637. 
When the wife's choses in action cannot be made subject to the husband's 
creditors : 3 Ga. 541-546. Wife's choses not reduced to possession by the hus- 
band survive to her: 4 Ga. 319. When the husband was as administrator 
entitled to the wife's property : 4 Ga. 377. Husband surviving his wife en- 
titled to her choses in action : 4 Ga. 541. Where the wife claimed as heir or dis- 
tributee of her child : 11 Ga. 379. She alone can recover her choses in action 
surviving to her: 22 Ga. 330. Reduction into possession of the wife's choses in 
action : 1 Ga. 637. Distributive share of wife survived to wife before 1866 and 
not reduced by the husband in his lifetime to possession : 11 Ga. 25. Where her 
child by her first marriage was entitled to share with the rest of her children : 
13 Ga. 325 ; 23/51. What is not such a reduction of the wife's choses in action, 
as to defeat the wife's equity : 22 Ga. 178. Husband being heir to his wife, 
can convey her interest in her father's estate : 23 Ga. 142. When the wife's 
share in her father's estate was not liable to her husband's creditors : 24 Ga. 
631. Husband can sue for wife's land after her death: 29 Ga. 58. No such 
reduction to possession of the wife's choses in action as to defeat the wife's 
right % to survivorship : 35 Ga. 184. Where the statute of limitation, husband 
only person who could sue: 46 Ga. 593. Power of the husband to limit the 
wife's inheriting from him, may do so by will as to all except dower : 8 Ga. 211. 
By antenuptial marriage contract the husband gave up all claim to his wife's 
property : 8 Ga. 279. The trustee of the wife may purchase in the trust prop- 
erty: 11 Ga. 67. Married woman, trust estate for, without any trustee being 
appointed: 12 Ga. 195. When the separate estate had to be clearly defined, 
to defeat marital rights : 17 Ga. 425. Where the separate estate vested in the 



2480 THIRD TITLE.— CHAPTER 1, ARTICLE 3. 244 

Of marriage contracts and settlements. 

children : 22 Ga. 426. Where the wife's separate property (right to which had 
been released by the husband) went to her next of kin: 23 Ga. 407. Wife's 
equity to settlement out of her share of her father's estate : 29 Ga. 117. Bill for 
direction as to whether the will intended to give separate estate : 33 Ga. Sup. 
72. Wife as claimant of property : 8 Ga. 354-358. Husband and wife sued 
jointly for wife's torts: 11 Ga. 22. Where the property of the feme sole was 
converted before marriage, the husband should sue for it: 17 Ga. 267. Where 
the husband is a minor also, the statute of limitations does not run until he is 
twenty-one years of age : 14 Ga. 687. As to the liability of the husband's prop- 
erty for the debts of the wife, before the Acts of 1855-57, p. 229: 22 Ga. 125. 
Since that Act: 22 Ga. 126. Where the judgment was during coverture and 
before the Code of 1863, the husband was liable only to the extent of the prop- 
erty received from the wife: 38 Ga. 255-258. The admission by the father 
before his daughter's marriage, that certain property belonged to her, gives 
the husband no right in it, unless made to induce the marriage: 24 Ga. 155. 
When the husband cannot release an agreement, and as to the wife's bill for 
specific performance : 29 Ga. 67. Notice to the husband, of probate in solemn 
form, not notice to the wife: 30 Ga. 340. Contract by husband to abandon a 
caveat is valid : 35 Ga. 192. No authority in the husband to pawn personal 
property of his wife, and she brought trover for it: 44 Ga. 173. Where the 
husband was barred by the statute of limitations, so was the wife : 46 Ga. 593 ; 
47/674. May carry on business, the husband acting as her agent : 55 Ga. 406. 
Homestead continuing so long as the wife remained a widow, although there 
was no family but herself: 60 Ga. 653. Act of 1866, enlarging wife's rights, 
reviewed : 57 Ga. 414. 

Notes taken from decisions since Co de of 1882 : 

Credit extended to wife ; husband not bound here, though seller expected 
him to furnish money : 65 Ga. 686. 

One lending money to husband, permitted to treat wife as debtor here: 91 
Ga. 40. 

Jury justified hei-e in inferring husband's possession of personalty was wife's 
possession : 91 Ga. 40. 

Husband's agency in borrowing money for wife sufficiently shown : 91 Ga. 40. 

Debtor of wife conveying lands to husband in settlement, not protected by 
husband's statement that he had authority to settle: 92 Ga. 291. 

Husband and wife living together on land, husband presumptively in pos- 
session ; such joint residence not notice of wife's claim : 92 Ga. 787. 



ARTICLE 3. 

OF MARRIAGE CONTRACTS AND SETTLEMENTS. 

$$2682,2693 §2480. (1775.) Marriage article or parol agreement. Any agree- 
ment between the parties to a marriage, contemplating a future set- 
tlement upon the wife, whether by parol or in writing, may be exe- 
cuted and enforced by a court of equity at the instance of the wife 
at any time during the life of the husband: Provided, always, that 
the rights of third persons, purchasers or creditors in good faith, 
and without notice, are not affected thereby. An agreement perfect 
in itself, and which needs no future conveyance to effect its pur- 



245 THIRD TITLE.— CHAPTER 1, ARTICLE 3. §§2481, 2482 

Of marriage contracts and settlements. 

poses, is an executed contract, and does not come under the defini- 
tion of marriage articles. 

See section 2694(3), and notes. 

Parol antenuptial agreement enforced, unless husband sets up statute of 
frauds : 30 Ga. 156. Parol agreement at the time of the marriage with the 
wife, to avail as against the lien of a judgment against the husband, must be 
known to the holder of the judgment : 33 Ga. 153. Parol agreement before 
marriage, for a settlement on the wife afterwards, is within the statute of 
frauds : 54 Ga. 681-683. Where the separate estate did not extend to the wife's 
second marriage : 14 Ga. 410. Written marriage contract corrected by parol, 
when not to do so would be to perpetrate fraud : 29 Ga. 166-176. Separate estate 
created by will in a, feme sole avails as against the husband's rights on her mar- 
riage : 12 Ga. 195. Separate estate created by parol, and without a trustee 
being named: 34 Ga. 304, 298. Construction of a marriage settlement had, 
the profits, etc., during her life, and after her death the children became ten- 
ants in common : 56 Ga. 101. Where antenuptial settlements after Decem- 
ber, 1821, vested the fee in the wife, etc.: 58 Ga. 15. Where the husband, 
being divorced, took nothing under a marriage settlement set up by bill in 
equity : 58 Ga. 86. A marriage settlement secured by mortgage which did not 
avail as to husband's after acquisitions : 53 Ga. 416-424. When divorce did 
not affect the settlement as regards the wife : 55 Ga. 506. Should be left to 
the jury to decide, where it was thought the husband was excluded by the 
language used, although this was not clear: 30 Ga. 308-314. Husband ex- 
cluded forever, under the terms of the marriage settlement: 8 Ga. 279. 
Agreement between husband and wife through a trustee for separation and 
allowance to the wife : 8 Ga. 341. A marriage settlement placed the property 
in the joint use of husband and wife, and was not subject to his debts : 24 Ga. 
52. Where the dividends of stock left to the wife were paid, without the 
intervention of a trustee, directly to her: 14 Ga. 421. 

Equity has jurisdiction to set aside marriage settlement : 77 Ga. 340. 

Wife took absolute power to devise ; children not remaindermen : 70 Ga. 38. 

Minor children of wife, proper parties to bill to set aside marriage contract : 
77 Ga. 340. 

§2481. (1776.) Voluntary execution and trust deeds. The husband 
may voluntarily execute such agreement, or he may at any time 
during the coverture, either through trustees or directly to his wife, 
convey any property to which he has title, subject to the rights of 
prior purchasers or creditors without notice. 

Husband may make a deed to wife for rents due by him to her: 55 Ga. 333. 
Marriage settlement before the Act of 1821, placing the estate in fee in the 
trustee, unless there were words limiting it: 29 Ga. 651. Conveyances by 
husband to wife are valid : 31 Ga. 720. Closely scrutinized when a conveyance 
from husband to wife to pay some alleged debt due by him to her : 52 Ga. 225. 
Even where he makes the deed to her on her application for a homestead : 61 
Ga. 451. Trades between husband and wife are closely scanned, to test the 
good faith of the transaction : 60 Ga. 82. Assignment of a mortgage as be- 
tween husband and wife, closely scrutinized to detect fraud, if any: 61 Ga. 175. 

Husband cannot alter antenuptial agreement by postnuptial deed: 70 
Ga. 38. Cited, in construing such a deed : 70 Ga. 161. 

§2482. (1777.) Construction of contract. Every marriage contract 
in writing, made in contemplation of marriage, shall be liberally 



§2483 THIRD TITLE.— CHAPTER 1, ARTICLE 3. 246 

Of marriage contracts and settlements. 

construed to carry into effect the intention of the parties, and no 
want of form or technical expression shall invalidate the same. 
Such contract must be attested by at least two witnesses. 

Shall be liberally construed : 25 Ga. 305. Eules of grammatical construc- 
tion disregarded to effectuate intention : 39 Ga. 648. The intent of the parties 
to be carried out : 3 Ga. 367. Construction for jury : 30 Ga. 308. 

Marriage settlement construed : 70 Ga. 38. 

Quoted, in construing a postnuptial deed: 70 Ga. 161. 

Generally, "children" provided for in marriage settlement, presumed to 
mean only children of such marriage : 73 Ga. 750. 

This section was codified from 3 Ga. 367, and 25 Ga. 305: 74 Ga. 215. 

"Where clause settling life-estate on wife was followed by words clearly 
giving her fee simple in undivided half : 87 Ga. 559. 

^CobD 4 i8o §2483. (1778.) Record of marriage contracts. Every marriage con- 
$2778. tract and every voluntary settlement made by the husband on the 
wife, whether in execution of marriage articles or not, must be re- 
corded in the office of the clerk of the superior court of the county 
of the residence of the husband, within three months after the exe- 
cution thereof. On failure to comply with this provision, such 
contract or settlement shall not be of any force or effect against a 
purchaser, or creditor, or surety who, bona fide and without notice, 
may become such before the actual recording of the same. If such 
contract or settlement is made in another State, and the parties 
subsequently move into this State, the record must be made within 
three months from such removal. If the settled property be in this 
State, and the parties reside in another, then the record must be 
made in the county where the property is, and within the time 
specified above. 

Act of 1847, requiring record in twelve months, makes no exception in 
favor of a feme covert; the Act to be enforced in good faith : 16 Ga. 102. Hus- 
band must, as agent or trustee, see to the recording in time: 16 Ga. 112. As 
between the parties it is valid, although it be not recorded: 22 Ga. 403. 
Constructive notice sufficient to bind bona fide purchasers and creditors, and 
as to what constitutes constructive notice: 25 Ga. 277. Bona fide purchasers 
under this law defined : 28 Ga. 170. Act of 1847 extends to such as were exe- 
cuted before the Act, whether recorded or not ; and registration only of those 
conveyances required by law to be recorded, is notice: 32 Ga. 165. Record- 
ing not necessary in those cases where voluntary settlement of wife's equity 
on her: 32 Ga. 629-632. Where it is not necessary to record, for that applies 
only to settlements by the husband : 35 Ga. 184. Need not be recorded in 
every county where the husband may subsequently reside ; evidence as to 
date of record : 33 Ga. Sup. 149. Act of 1847 applies only in favor of bona 
fide creditors, who without notice give credit on the faith of the property ; 
it renders the settlement void in favor of a debt due by the husband as 
guardian, when : 41 Ga. 426. Wife the proper one to claim her voluntary set- 
tlement levied on, her trustee being dead; as to notice of record: 55 Ga. 
69-71. Not recorded in three months, and bona fide mortgagee of husband 
protected: 54 Ga. 614-620. Lien of judgment creditor enforced against the 
wife's secret equity, of which he had no notice: 56 Ga. 82, 79. Made in an- 



247 THIRD TITLE.— CHAPTER 1, ARTICLE 3. §§2484-2486 

Of marriage contracts and settlements. 

other State : 25 Ga. 305. Constructive notice of unrecorded marriage settle- 
ment binds purchasers, creditors, etc. : 25 Ga. 277. Does not apply to debt 
due by the husband as guardian, where not on the faith of the record : 41 Ga. 
426-436. Bona fide creditor must have become such before the record of it, 
on the faith of the property : 53 Ga. 155-159. A bona fide creditor is one who 
gives credit on the faith of the property in the marriage settlement : 28 Ga. 
173. Only extends to one becoming creditor on the faith of the property 
settled, and it not recorded in time: 66 Ga. 720. Record, of land in other 
counties : 53 Ga. 424. Where a mortgage to secure a marriage settlement did 
not cover future acquisitions : 53 Ga. 424. Record is no notice as to property 
purchased with the proceeds of that which was recorded : 55 Ga. 504. 

Creditor, to take priority, must be bona fide, and must have given credit on 
faith that husband owned the property : 66 Ga. 720. 

Voluntary settlement unrecorded, void as to bona fide purchaser without no- 
tice : 71 Ga. 769. But prevails over deed for value made after record : 71 Ga. 769. 
Unrecorded within three months, void as to one crediting husband before 
record and on faith of the property : 72 Ga. 752. Creditor after actual record 
of voluntary deed to wife, gets no lien by judgment: 72 Ga. 752. 

§2484. (1779.) Wife may force a record. If the trustee or husband 
having possession of such contract or settlement fails or refuses to 
have the same recorded, the wife, or any friend of hers, may apply 
to the judge of the superior court at any time for an order compel- 
ling such record; and the trustee thus refusing, after demand, shall 
be personally reponsible to his cestui que trust for all damages sus- 
tained by reason of the failure to record; and such application of 
the wife, or her friend, when entered on the minutes of the superior 
court, shall be a notice equivalent to the record of the marriage con- 
tract or trust deed. 

§2485. (1780.) Appointing and removing trustees. The judge of the$3iw- 
superior court of the county of the wife's domicile may, at any time, 
upon petition, exercise the powers of a chancellor in appointing, or 
removing, or substituting trustees, or granting any order for the 
protection of the trust estate, exercising a wise discretion as to the 
terms on which such appointment shall be made, or such order 
granted. The proceeding in each case shall be transmitted to the 
clerk of the superior court, to be recorded in the book of the minutes 
of such court, next to the minutes of the last term thereof. 

See notes to section 3164. 

Prior to 1838, judge had no power, at chambers, to bestow trust: 77 Ga. 525. 

§2486. (1781.) When executed in favor of volunteers. Marriage con- 
tracts and postnuptial settlements will be enforced at the instance 
of all persons in whose favor there are limitations of the estate. 
Marriage articles will be executed only at the instance of persons 
coming within the scope of the marriage consideration; but when 
executed at their instance, the court may execute also in favor of 
volunteers. All persons are volunteers except the parties to the con- 
tract and the offspring of the wife. 



§§2487, 2488 THIRD TITLE .—CHAPTER I, ARTICLE 3. 248 

Of marriage contracts and settlements. 

Executed at the instance of all persons coming "within the scope," but not 
in favor of volunteers, etc., who do not come within the scope: 6 Ga. 563. If 
not parties or heirs and not in the scope, cannot have it reformed : 21 Ga. 370. 
When executed in favor of volunteers : 29 Ga. 765. Where the trust not exe- 
cuted, and children by second marriage come in : 39 Ga. 648. Voluntary con- 
tract executed, equity will enforce all the rights growing out of it against any 
one : 16 Ga. 49. Where articles executed partially, and volunteers subsequently 
apply to a court of equity, and a former decree cannot be invoked in their fa- 
vor : 6 Ga. 564. Equity reforming marriage contract at the instance of a child 
by a former marriage : 45 Ga. 301. Equity will enforce a trust in a marriage 
settlement in favor of volunteers and beneficiaries ; where it does it, as to 
those within the scope of the marriage consideration : 53 Ga. 416-425. 

Section applied : 74 Ga. 675. 

Minor children of wife proper parties to bill to set aside marriage contract : 
77 Ga. 340. 

$3658. §2487. (1782.) Valuable consideration. Marriage is a valuable con- 

sideration, and the wife stands, as to property of the husband set- 
tled upon her by marriage contract, as other purchasers for value: 
Provided, that by such contract the husband does not incapacitate 
himself from paying his existing just debts. 

Marriage is a valuable consideration, and sufficient to support a deed: 
16 Ga. 368. If she is guilty of no fraud and enters into a settlement without 
notice of a debt due from him to other persons, she will be protected against 
that debt : 16 Ga. 368. Husband may make a deed to his wife for what he owes 
her for rent of her land : 55 Ga. 332. 

T. U. P. Charl. 250; R. M. Charl. 36. 

Marriage a valuable consideration : 53 Ga. 423 ; 71/853 ; 74/670. 

Innocent purchaser on such consideration, protected even against subse- 
quent bona fide purchaser: 74 Ga. 670. 

An antenuptial agreement by husband, in consideration of marriage, that 
his estate should pay wife $4,000 after death, not testamentary, but an obliga- 
tory contract : 86 Ga. 636. 

S 0,3473, § 2 488. (1783.) Wife feme sole as to her separate estate. The wife 
is a, feme sole as to her separate estate, unless controlled by the settle- 
ment. Every restriction upon her power in it must be complied with; 
but while the wife may contract, she cannot bind her separate 
estate by any contract of suretyship, nor by any assumption of the 
debts of her husband, and any sale of her separate estate, made to a 
creditor of her husband in extinguishment of his debts, shall be ab- 
solutely void. 

See notes to section 2474. 

Notes taken from Code of 1882 : 

Stated, where a manned woman binds her separate estate by note : 39 Ga. 41. 
Every restriction should be complied with: 9 Ga. 199-203. Feme sole as to: 9 
Ga. 224. Wife deserted by her husband could before the Code bind her sepa- 
rate estate by a note on a contract for her husband's debt : 41 Ga. 144. Where 
the husband was dead, wife could bring action of ejectment in her name: 42 
Ga. 352. Restriction valid, although it was made when she was a feme sole: 12 
Ga. 195. Restraint of power of alienation is inferred from what ; she is a feme 
sole as to such separate estate, and may dispose of it: 12 Ga. 195. Intention 



249 THIRD TITLE.— CHAPTER 1, ARTICLE 3. § 2488 

Of marriage contracts and settlements. 

governs as to form of settlement and restraints on : 16 Ga. 528. Obligation of 
wife having such separate estate to support herself and her husband ; he may 
purchase for such estate : 9 Ga. 224. Appointment of trustee for supposed sep- 
arate estate does not prejudice the husband's rights in it : 11 Ga. 67. Wife be- 
ing feme sole as to, must perform the corresponding obligations of one : 16 Ga. 
103. "When it is subject to levy and sale for husband's debts : 20 Ga. 111. Can- 
not bind her separate estate by contract of indorsement : 24 Ga. 52. Cannot be 
mortgaged : 24 Ga. 196. Where words in the father's will settling property on 
the daughter prevented her from mortgaging it for her husband's debts: 25 
Ga. 652. Where wife's mortgage was held valid for her husband's debts : 33 
Ga. 316. Where wife entitled to have a separate estate, a reasonable provision 
by the husband from property that came through her: 24 Ga. 631. Voluntary 
settlement of wife's equity on her: 32 Ga. 629-632. Statutory title acquired 
by trustees to such estate as against the husband, how defeated: 30 Ga. 287. 
Failure to prove existence of such estate and appointment of trustees, no 
ground for a new trial: 31 Ga. 212. Property bought with wife's earnings, 
title in her own name, taxes paid by her, is her separate property : 30 Ga. 386. 
Injunction at instance of wife to restrain sale of : 31 Ga. 304. Debt contracted 
after marriage, such estate prima facie bound for: 32 Ga. 462. What contract 
valid: 2 Ga. 383; 32/604. Where a wife gives a note, the presumption is she 
had a separate estate, and judgment thereon binds the same : 39 Ga. 41. Sec- 
tion cited : 45 Ga. 630. Section cited, and the married woman made no contract 
to bind her : 62 Ga. 557. Executed trust, and wife's deed to pay husband's ob- , 
ligation void : 62 Ga. 734-743. Where a second purchaser, without notice that 
it was the wife's separate estate, was protected : 60 Ga. 30-39. Bound by the acts 
of her attorney : 60 Ga. 189, 192. Note by the wife binds her, if given for her 
own business carried on by her husband : 59 Ga. 380-384. Could not mortgage 
her property for her husband's debts, under the terms of the settlement created 
by her father's will: 25 Ga. 652, 656. When she can dispose of her separate 
estate or authorize her husband to do so : 24 Ga. 194. Notice of her title nec- 
essary, to avail as against a bona fide mortgagee from the husband : 54 Ga. 614. 
Judgment creditor not affected by wife's secret equity: 56 Ga. 79. When 
without notice of wife's claims, it is postponed to older mortgages : 61 Ga. 346. 
Wife cannot ratify husband's use of her money to pay his debts, and husband 
could not receipt for her legacy: 61 Ga. 663-671. Any contract of suretyship 
on part of the wife, void : 59 Ga. 254 ; 39/43 ; 63/73. Wife's trust estate cannot 
be mortgaged for trustee's debts: 55 Ga. 203-206. Husband's deed to wife 
for rents of her separate estate : 55 Ga. 334. Separate estate on her death 
vests in her husband, although he fails to administer: 29 Ga. 733. She must 
pursue the way pointed out for the disposition of her separate estate : 9 Ga. 
199. Wife can bind her separate estate for necessaries: 41 Ga. 299; 9/223. 
Promissory note of a married woman is binding on her separate estate: 32 Ga. 
604; 41/147. Cannot convey property through a trustee to wife and children, 
with the intention of preventing the collection of damages: 59 Ga. 256, 259. 
Cannot bind her separate estate for her husband's debts : 63 Ga. 731. One re- 
ceiving money of the wife for husband's debts is not protected if he has notice : 
54 Ga. 543. Under the law, since 1866 and 1868, a married woman can will her 
separate property without her husband's consent: 56 Ga. 344. Mortgage by 
the trustee to secure the cestui que trust is not discharged by payment to him- 
self : 61 Ga. 171. The widow can assume the debts of her deceased husband : 
54 Ga. 500. A marriage settlement cannot divest legal liens acquired : 53 Ga. 
417. The deed is void where the wife herself directs the sale : 57 Ga. 208. The 
restraints on the wife under this section extend not only to property deeded 
to her, but to any property she may othei'wise get : 53 Ga. 435. Wife sued 



' 



§ 2488 THIRD TITLE.— CHAPTER 1, ARTICLE 3. 250 

Of marriage contracts and settlements. 

separately as a, feme sole, if no trustee ; and. she may contract and be contracted 
with, except as to suretyship: 39 Ga. 41. 

Notes from decisions since Code of 1882 : 

Bona fide purchaser, wife's negotiable note given for husband's debt binds 
her, in hands of bona fide purchaser for value before due : 69 Ga. 661. That 
wife's note and mortgage secured husband's debt will not affect bona fide pur- 
chaser: 89 Ga. 181. Where paper title in husband, bona fide mortgagee pro- 
tected: 94 Ga. 573; 70/201. Cannot be surety ; but cannot plead against bona 
fide holder that she signed the note as surety : 70 Ga. 322. 

Claim, transaction between husband and wife attacked by creditors for 
fraud, onus on wife, claiming property gotten from husband, to make fair 
showing. Aliter, where she has separate estate : 82 Ga. 430. 

Contract, though married woman cannot become surety, she can buy goods 
on her own credit for her son's use: 87 Ga. 393. See catchword "Contract" 
under section 2474. Since married woman's Act, contract by her, binding 
whether she has separate estate or not : 85 Ga. 741. Married woman could not 
contract under common law, may do so now : 70 Ga. 326. May, without sepa- 
rate estate, become liable, by express contract, for board furnished herself 
and children: 92 Ga. 769. Where married woman really surety, but alone 
executes papers to lender, binding her separate estate, contract void: 92 Ga. 
319. Married woman's note made in Georgia, renewing note made in another 
State, to pay husband's debt, bound her personally: 92 Ga. 238, 242. Prior to 
Code she could not bind herself by money contract, but could her separate 
estate, and to what extent: 92 Ga. 238, 242. 

Deed by wife, to husband without order of court, set aside in equity: 77 
Ga. 455. • Where insolvent husband made voluntary deed to wife to defeat 
debt, her subsequent conveyance of same land in payment of such debt, valid : 
78 Ga. 245. 

Estoppel, wife deeding property to secure husband's debt, with lender's 
knowledge, not estopped to recover land : 75 Ga. 654. 

Follow fund, wife may follow her money into land, against husband's 
creditor with notice : 70 Ga. 179. 

Fraud, creditor with notice, or reasonable ground to suspect fraud on wife, 
cannot defeat her recovery : 72 Ga. 486. 

Gift, wife may make valid gift to husband, if no improper influence or per- 
suasion : 71 Ga. 692. But such gift is closely scrutinized, and voidable for 
constructive fraud, within five years: 71 Ga. 692. While wife may legally 
give property to husband, gift never presumed : 82 Ga. 329. 

Husband cannot use wife's money to pay his debt, and creditor knowingly 
receiving it, liable to her: 70 Ga. 179. Wife bound for bill made by her hus- 
band where he was her agent, though unknown to seller: 70 Ga. 385. Wife 
not liable on note given by husband as trustee, authority to make the note 
not appearing: 76 Ga. 347. 

Husband's debt, wife can recover from bank amount of her money applied 
to partnership debt of husband : 65 Ga. 528. Sale of wife's goods in payment 
of husband's debts, void: 67 Ga. 518. Section applied where husband's debt 
paid with part of a loan : 70 Ga. 57. Insurance policy on husband's life, pay- 
able to wife, cannot be transferred by her to secure his creditor: 75 Ga. 755. 
Ratification after husband's death, not render transfer valid : 75 Ga. 755. Hus- 
band allowing wife to take boarders, and have gross proceeds, her purchase 
therewith of property contracted for by him, good against his debt not refer- 
able to such asset : 78 Ga. 499. Where creditors assign husband's debt to wife, 
taking her note therefor, same is device to evade the law, and creditors cannot 
recover on note: 80 Ga. 620. Though wife borrow money for husband's use, 



251 THIRD TITLE.— CHAPTER 1, ARTICLE 3. §2488 

Of marriage contracts and settlements. 

and lender know it, contract not necessarily void: 85 Ga. 200. Interest of 
wife in policy not shown, her agreement to pay premium note of husband, in- 
valid : 84 Ga. 309. Contract here an undertaking to pay husband's debts, and 
void: 93 Ga. 107. Wife's deed in payment of, only void as against her, cover- 
ture being personal privilege : 88 Ga. 84. 

Joint debt, conveyance by wife, codefendant with husband, to indemnify 
bondsman on bond dissolving garnishment, valid only as to her liability : 73 Ga. 
269. Facts justified verdict in wife's favor in suit on note signed by her and hus- 
band: 78 Ga. 323. Husband and wife may become joint lessees of house, and 
wife liable for rent : 85 Ga. 816. Parol admissible to show joint note of hus- 
band and wife, given for debt of former, with wife as surety : 85 Ga. 816. 

Land, though wife's money paid for, if title taken in husband and debt in- 
curred on faith of it as his, it is subject: 72 Ga. 39. 

Liability, married woman may, as original undertaker, become liable for 
goods furnished to another : 86 Ga. 590. 

Lien, wife has special, only on land bought with her money: 70 Ga. 179. 
Creditor of husband getting wife's money and so investing it, may set off 
against her suit rents from the land used for her support : 70 Ga. 179. On fore- 
closure of material man's lien on married woman's land, competent to show 
why credit first given to husband : 91 Ga. 590. 

Loan, though wife borrow money for husband's use and lender know it, 
contract not necessarily void : 85 Ga. 200. Married woman borrowing money 
to lend to another, valid though lender knew facts : 92 Ga. 319. 

Marital rights, where, after remarriage, conveyance by second husband, 
whose marital rights attached, carried title : 73 Ga. 750. 

Mortgage, wife not estopped by mortgage on her separate estate, given for 
husband's debts— mortgagee having notice : 67 Ga. 200. Wife may be creditor 
of husband and take valid mortgage from him: 72 Ga. 1. Wife's illegality to 
chattel mortgage of self and husband, setting up suretyship but not alleging 
that property hers, valueless : 74 Ga. 360. Married woman may mortgage her 
interest as beneficiary in trust estate, and it may be subjected to her debts in 
equity : 91 Ga. 774, 775. 

Purchase money, wife cannot recover money of her separate estate paid for 
land by her husband as her agent : 79 Ga. 772. 

Security deed, deed to secure husband's debt cannot be ratified, nor wife 
estopped by consenting to subsequent deed by husband's vendee : 72 Ga. 486. 

Son-in-law's debt, married woman may give note and mortgage on her prop- 
erty in extinguishment of: 92 Ga. 371. Note and mortgage signed by married 
woman to raise money for son-in-law, void in hands of one who bought them 
after maturity : 73 Ga. 782. 

Statute of frauds, undertaking here original, and not protected by statute 
of frauds : 77 Ga. 542. 

Suits, may sue or be sued with respect to separate estate : 68 Ga. 255. 

Surety, contract of suretyship by married woman void, though she be a 
free trader : 86 Ga. 780. May become liable as original undertaker for goods 
furnished another : 86 Ga. 590. Parol admissible to show joint note of hus- 
band and wife, given for debt of former, with wife as surety : 85 Ga. 816. Mar- 
ried woman intending to become another's surety, abandoning scheme, bor- 
rowing money and lending to other, transaction valid though lender knew 
facts : 92 Ga. 319. 

Warranty, homestead set apart to husband, wife joining him in warranty- 
deed to it, not relieved from liability because of being married woman : 74 
Ga. 793. 

Will, wife not restricted here in power to devise : 70 Ga. 38. 



§§2489-2492 THIRD TITLE.— CHAPTER 1, ARTICLE 3. 252 

Of marriage contracts and settlements. 

§3651. §2489. (1784.) Minority of party to contract. The minority of 

either party to marriage articles, or a marriage contract, shall not 
invalidate it: Provided, such party is of lawful age to contract 
marriage. 

$3188. §2490. (1785.) Sale to husband or trustees. No contract of sale of 

a wife as to her separate estate with her husband or her trustee shall 
be valid, unless the same is allowed by order of the superior court 
of the county of her domicile. 

See notes to section 2491. 

Trustee selling to creditor with notice, who sold to second purchaser with- 
out notice, this latter pi'otected : 60 Ga. 29. Section cited ; her money also 
protected, as against her husband's debts: 54 Ga. 545. Bona fide mortgagee 
from husband protected : 54 Ga. 614. Section cited, where there was no con- 
tract by the wife, and no binding of her separate estate : 62 Ga. 557. Section 
cited and construed: 63 Ga. 734. When can sue the creditor for her money, 
where the conveyance was never allowed by the court : 61 Ga. 662. Could not, 
without an order from the superior court, under this section, appropriate the 
wife's note to the payment of the husband's debts : 61 Ga. 170, 171 ; 71/692. 

Relinquishment of dower for valuable consideration is sale to husband : 
69 Ga. 74. 

Wife's deed to husband without order of court, set aside in equity : 77 
Ga. 455. Rights of her creditors not affected by such sale : 75 Ga. 310. 

These restrictions do not prevent wife from being a creditor of the husband : 
72 Ga-. 11. 

82 Ga. 329. §2491. Wife may give to husband. A wife may give property to her 
husband, but a gift will not be presumed. The evidence to support 
it must be clear and unequivocal, and the intention of the parties 
must be free from doubt. 

Such gift closely scrutinized, and voidable for improper influences, con- 
structive fraud, etc., within five years: 71 Ga. 692. 
Wife can make gift to husband: 87 Ga. 641. 

82 Ga. 427. §2492. A married woman may contract; presumptions. A married 
woman may make contracts with other persons; but when a trans- 
action between husband and wife is attacked for fraud by the cred- 
itors of either, the onus is on the husband and wife to show that the 
transaction was fair. If the wife has a separate estate, and pur- 
chases property from other persons than her husband, and the prop- 
erty is levied on as the property of the husband, the onus is upon 
the creditor to show fraud, or that she did not have the means where- 
with to purchase the property. 

See catchword "Contract" under sections 2474 and 2488 ; See also notes to 
section 2695, paragraphs 1, 2 and 3, and general note thereafter. 

Onus on defendants to show valid consideration, where creditor attacking as 
fraudulent husband's deed to trustee for wife and children : 69 Ga. 558. Trans- 
fers between husband and wife scanned closely, and utmost good faith must 
appear, to be good against creditors : 57 Ga. 235 ; 69/757. See also 73 Ga. 716 ; 
60/82. Sale by married woman to husband, to hinder creditors, void : 75 Ga. 312. 



253 THIRD TITLE.— CHAPTER 1, ARTICLE 3. §2492 

Of marriage contracts and settlements. 

General, Note. — Articles of separation and allowance for the wife through 
a trustee are valid : 8 Ga. 341. "When the antenuptial settlement was by 
agreement extinguished after marriage, conveyances to the wife void, when: 

12 Ga. 125. Marriage settlement not within the act which denies the right 
to prefer creditors on making an assignment : 16 Ga. 368. As to subsequent 
creditors soon after, where all of his estate was settled on his wife : 20 Ga. 
210-223, 224. Where conveyances from husband to wife were valid, he deriving 
property from wife : 31 Ga. 720. Where by the settlement the husband had 
the use and benefit of certain property during life, it was liable for his debts : 

13 Ga. 165. Reforming of a settlement so as to vest property in the hus- 
band on the wife's death: 31 Ga. 743. What estops the executor of the hus- 
band from denying the separate estate of the wife : 17 Ga. 81. What is evidence 
of fraud in, not subsequent possession of it after settling the property on his 
wife and children : 17 Ga. 217. Reformation of a decree finding that certain 
property should be settled on a married woman : 18 Ga. 437. Written mar- 
riage contract rectified by a verbal one, when not to do so would be to permit 
a fraud : 29 Ga. 166. Prior to 1866, where there were no words to the separate 
use of the woman, the conveyance vested title in her husband ; ejectment case, 
where an injunction was refused : 43 Ga. 221. Equity reforming a marriage 
contract where there was fraud : 45 Ga. 301. As to signature of ; and the set- 
tlement as between the parties, although not recorded, is valid : 22 Ga. 403. 
Contract to hold property of the wife in common with that coming to her 
daughter, his ward, and at her maturity settle the same on his wife, is valid: 
27 Ga. 266. Provision that the wife's property shall never be subject to the 
control of her husband, etc. : 30 Ga. 308. Provision as to power of appoint- 
ment of trustee construed, where wife appointed her husband trustee: 30 
Ga. 446. Will in accordance with an excuted agreement as to settlement, not 
to be avoided by a codicil or otherwise : 30 Ga. 528. Where the husband is 
trustee for the wife, and becomes indebted to her by virtue of a marriage set- 
tlement; record in county of husband's residence : 33 Ga. Sup. 149-154. Trus- 
tees in a marriage settlement ; illegal investment by : 41 Ga. 426. Also, see 
where no need of a second conveyance : 29 Ga. 651. Husband cannot 'fJind 
the wife's estate for the hire of an overseer: 56 Ga. 47. The wife bound by a 
judgment against her in a claim case as to her separate property : 63 Ga. 545. 
When the wife can bind herself as to her ow.n property by going security : 63 
Ga. 447. Husband paying taxes on his wife^s land does not render it subject 
to his debts : 54 Ga. 333. Suits as to the wife's separate estate, under the Act' 
of 1866, and the Constitution of 1868, should be in her name : 51 Ga. 147. When 
a judgment against a married woman was conclusive : 61 Ga. 512. As to the 
removal of a trustee of a married woman : 60 Ga. 18, 19. Where the separate 
estate of the wife is bona fide such, the husband may be entitled to compensa- 
tion for his services rendered in connection therewith : 55 Ga. 409. As to deed 
from husband to wife : 57 Ga. 413. Wife suing creditor for her money paid 
him, with notice thereof, on her husband's debt : 61 Ga. 662 ; 54/543. Wife alone 
can sue for her legacy, and husband cannot receipt for it : 61 Ga. 671. Where 
the trust was executed as to the marriage settlement: 51-Ga. 40. Married 
woman bound by her attorney's acts : 60 Ga. 189. She rf!?tj sell her separate 
estate : 55 Ga. 41. 



X 



X 



2493-2495 THIRD TITLE.— CHAPTER 2, ARTICLE 1. 254 

Legitimate children. 

CHAPTER 2. 

OF PARENT AND CHILD. 



ARTICLE 1. 

LEGITIMATE CHILDREN. 

^fitlSto?' §2493. (1786.) Legitimate children. All children born in wedlock, 
or within the usual period of gestation thereafter, are legitimate. 
The legitimacy of a child thus born may be disputed. Where pos- 
sibility of access exists, except in cases of divorce from bed and 
board, the strong presumption is in favor of legitimacy, and the 
proof should be clear to establish the contrary. If pregnancy ex- 
isted at the time of the marriage, and a divorce is sought and ob- 
tained on that ground, the child, though born in wedlock, is not 
legitimate. The marriage of the mother and reputed father of an 
illegitimate child, and the recognition of such child as his, shall 
render the child legitimate; and in such case the child shall imme- 
diately take the surname of his father. 

Legitimating by act of the legislature : 8 Ga. 210. Presumption of legiti- 
macy, how rebutted : 12 Ga. 155. General report in the neighborhood will not 
do, but reputation in the family as to legitimacy, or otherwise, will be compe- 
tent testimony : 15 Ga. 160. Verdict against the issue of adulterine bastardy 
will not be set aside, unless a case of plain natural impossibility be made out: 
32 Ga. 316. Where there was no assent of the father to the act of the legisla- 
ture legitimating the offspring : 10 Ga. 342. Act of the legislature legitimating 
a child is presumed to be with the assent of the father of the illegitimate : 
53 Ga. 458-466. 

"Children," as a general rule, means legitimate children: 94 Ga. 818. 

§2494. (1787.) Legitimacy by order of court. A father of an illegiti- 
mate child may render the same legitimate by petitioning the supe- 
rior court of the county of his residence, setting forth the name, age 
and sex of such child, and also the name of the mother; and if he 
desires the name changed, stating the new name, and praying the 
legitimating of such child. Of this application the mother, if alive, 
shall have notice. Upon such application, presented and filed, the 
court may pass an order declaring said child to be legitimate, and 
capable of inheriting of the father in the same manner as if born in 
lawful wedlock, and the name by which he or she shall be known. 

"Capable of inheriting of the father" means "of the father" only; bastard 
cannot inherit of paternal great-grandfather: 94 Ga. 809. 

Actsi875, §2495. (1787 a.) Manner of changing names. Any person desirous 
of changing his or her name, and the name of his or her children, 
may present a petition to the superior court of the county of their 



255 THIRD TITLE.— CHAPTER 2, ARTICLE 1. §§2496-2499 

Legitimate children. 

residence, Betting forth fully, and particularly, the reason why such 
change is asked, which shall be sworn to by the petitioner, and said 
petition shall be placed on the proper docket in the superior court, 
and shall be acted on by the presiding judge, any time at, or after, 
the second term following its being filed. 

§2496. (1787 b.) Judge may pass order. Said judge shall, on hear- ^ ct f 3 875 ' 
ing said petition, if the petitioner has made such a case as, in his 
opinion and discretion, would be proper, pass an order authorizing 
said change : Provided, nothing herein shall ever operate to author- 
ize any person, or persons, to change their name with a view to 
fraudulently deprive another of any legal right under the law. 

§2497. (1788.) Mode of adopting child. Any person desirous of ^j Ct f 6 £f 5 " 6 ' 
adopting a child, so as to render it capable of inheriting his estate, iH-3 P p 3 59 
may present a petition to the superior court of the county in which 1889 ' p- 69 - 
said child may be domiciled, setting forth the name of the father, 
or, if he be dead or has abandoned his family, the mother, and the 
consent of such father or mother to the act of adoption; if the 
child has neither father nor mother, the consent of no person shall 
be necessary to said adoption. The court, upon being satisfied with 
the truth of the facts stated in the petition, and of the fact that 
such father or mother has notice of such application (which notice 
may be by publication, as required in equity cases for non-resident 
defendants) , or if the father or mother has abandoned the child, 
and being further satisfied that such adoption would be to the in- 
terest of the child, shall declare said child to be the adopted child 
of such person and capable of inheriting his estate, and also what 
shall be the name of such child; thenceforward the relation between 
such person and the adopted child shall be, as to their legal •rights 
and liabilities, the relation of parent and child, except that the 
adopted father shall never inherit from the child. To all other per- 
sons the adopted child shall stand as if no such act of adoption had 
been taken. 

Rescission of the order for adoption, it being a matter of discretion with 
the superior court, and the adopting father is entitled to the child's custody : 
25 Ga. 612. The effect of the act of the legislature as to the children of the 
child adopted is the same as that of their parent as to inheritance, etc. : 
51 Ga. 221. 

§2498. (1789.) Objections by relations. It shall be the privilege of 
any person related by blood to such child, if there be no father or 
mother, to file objections to such application, and the court, after 
hearing the same, shall determine, in its discretion, whether or not 
the same constitute a good reason for refusing the application. 

§2499. (1790.) Adopting of adult person . Adult persons may be J l ct | 6 ^ 859 ' 
adopted in like manner, and have their names changed, on giving 
consent to such adoption. 



i§ 2500-2502 THIRD TITLE.— CHAPTER 2, ARTICLE 1. 256 



Legitimate children. 



$$2506, 2508. 



$$3308,3367 §2500. ( 1791. ) Age of majority. The age of legal majority in this 
State is twenty-one years ; until that age all persons are minors. 

See notes to section 1811. 

Males and females are infants until twenty-one years old : 65 Ga. 400. 

^2501. (1792). Parent's obligation. Until majority, it is the duty 
of the father to provide for the maintenance, protection and educa- 
tion of his child. 

As to the father's duty to maintain and educate : 34 Ga. 554. Because the 
father pays one account of his child, is no authority for the contracting of 
another by the same party: 29 Ga. 371. A promissory note by the father to 
maintain and educate a bastard child, is valid: 12 Ga. 342. Where the father 
by his conduct becomes responsible for more than necessaries for his child : 38 
Ga. 231. Father cannot recover for the homicide of his minor child, but may 
for the loss of the services of the child up to the time of majority : 60 Ga. 321. 
Father must pay a debt contracted by a minor child by his authority : 25 Ga. 
486. Father must support his child, although such child has property : 25 Ga. 
696. Support of the children by the stepfather may be voluntary, and he can- 
not then make any claim on them for it: 26 Ga. 380. Accountable to the 
parents for the wages of a minor discharged without notice to parent: 53 Ga. 
648. A mother suing for her son's wages who was wrongfully dismissed from 
service : 61 Ga. 487. 

Father cannot be deprived of custody of child when he furnishes proper 
home and support : 76 Ga. 480. 

Father selling children's property illegally, using proceeds for their support, 
has no right against them to which vendee subrogated upon recovery of prop- 
erty : 76 Ga. 706. 

Father being unable to support and educate child out of his own property, 
ordinary may grant order allowing him to sell corpus of child's estate : 80 Ga. 
138. 

Father cannot kidnap his own child : 94 Ga. 257. 

§2502. (1793.) Parental power, how lost. Until majority, the child 
remains under the control of the father, who is entitled to his services 
and the proceeds of his labor. This parental power is lost — 

See notes to section 2503. 

Father is the natural guardian, and entitled to the custody and manage- 
ment of the child : 33 Ga. 195. 

Father can relinquish or forfeit control of child only in mode recognized by 
law: 76 Ga. 479. 

To deprive father of custody of child because of unfitness, evidence must be 
clear and convincing: 76 Ga. 479. 

Laborer's lien may be enforced by widow, for labor of her minor children: 
86 Ga. 215. 

Although father living, held that mother could recover from railroad for in- 
juries to child : 93 Ga. 742. 

The father is vested with control of his minor children, not the mother: 93 
Ga. 370. 

1. By voluntary contract, releasing the right to a third person. 

When cannot revoke, section cited and construed : 59 Ga. 556. Habeas cor- 
pus for a child, contract for relinquishment of control and custody to another: 
54 (m. 1-14. 



257 THIRD TITLE.— CHAPTER 2, ARTICLE 1. §2503 

Legitimate children. 

Terms of contract of father, relinquishing right to custody of child to third 
person, must be clear, definite and certain: 76 Ga. 479. 

2. By consenting to the adoption of the child by a third person. 
Consent to adoption not revocable, except for good legal reason : 94 Ga. 410. 

3. By the failure of the father to provide necessaries for his child, §$2375-2387. 
or his abandonment of his family. 

4. By his consent to the child receiving the proceeds of his own 
labor, which consent shall be revocable at any time. 

Minor allowed to contract for his services : 60 Ga. 328. Where minor con- 
tracted for his labor to another as agent for his mother: 61 Ga. 487. Father, 
although insolvent, may consent for the minor to receive the proceeds of his 
labor : 62 Ga. 16. 

Father suing for injury to child, it being shown that wages were paid to 
child, admissible to show that child regularly accounted to him : 72 Ga. 218. 

Father, after consenting to employment of minor son, could not recover for 
tort to him, if son could not : 88 Ga. 210. 

Such consent by no means implies manumission for balance of minority ; 
necessary to recovery based on child being entitled to his earnings, to show 
affirmatively that manumission is complete and final : 94 Ga. 107. 

5. By consent to the marriage of the child, who thus assumes in- 
consistent responsibilities. 

6. By cruel treatment of the child. ^eJ? 5 ' 2375 " 

§2503. (1794.) Mother's rights. Upon the death of the father, the* 2453 - 
mother is entitled to the possession of the child until his arrival at 
such age that his education requires the guardian to take possession 
of him. In cases of separation of the parents, or the subsequent 
marriage of the survivor, the court, upon writ of habeas corpus, may 
exercise a discretion as to the possession of the child, looking solely 
to his interest and welfare. 

See notes to section 2502. 

Where the children were allowed to stay with their maternal grandmother : 
34 Ga. 253-256. Where mother adulterous, and the custody of the child given 
to the father: 14 Ga. 657-660. Separation and allowance, custody of the child 
left by agreement with the mother: 33 Ga. Sup. 99. Where the father of a 
colored minor child entitled to custody and control : 36 Ga. 236. Where the 
mother was entitled to the custody of minor children, as against a testamen- 
tary guardian : 39 Ga. 174. Where the mother would have been entitled to the 
control of a minor colored child, but yielded it to the father: 45 Ga. 558. 

Ordinary has jurisdiction, by habeas corpus, to determine rights of husband 
and wife living separate, as to possession of children : 66 Ga. 336. 

Father not entitled to custody of child as matter of right : 68 Ga. 650. 

This discretion is vested in trial court, not reviewing court : 34 Ga. 99 ; 
59/555 ; 60/416 ; 68/650. 

Laborer's lien may be enforced by widow, for labor of her minor children : 
86 Ga. 215. 

In habeas corpus for child, averment that defendant an unfit person to have 
custody, not full enough: 94 Ga. 410; 90/527. 

The father is vested with control of his minor children, not the mother: 
93 Ga. 370. 
17 



§§ 2504-2507 THIRD TITLE.— CHAPTER 2, ARTICLE 2. 258 

Illegitimate children, or bastards. 

*25i6 2 2375- §2504. (1795.) Cruel treatment by parents. Any person may apply 
2387 - to the ordinary of the county, alleging the cruel treatment of a child 
by his father, who shall cite the father to answer the allegation; 
and such ordinary may, at any time, hear evidence, and, in his dis- 
cretion, appoint a guardian of the person of such child, who shall 
be entitled to the possession of him. 

^) Ct i62 880 " 1 ' §2505. (4612 g.) Children, how protected. Whenever any child un- 
$§2375-2887. ^ er the age of twelve, shall be brought before the ordinary of the 
county of such child's residence, upon the sworn allegation of any 
citizen, that such child was found under circumstances of destitu- 
tion and suffering, or abandonment, exposure, or of begging, or that 
such child is being reared up under immoral, obscene or indecent 
influences likely to degrade its moral character and devote it to a 
vicious life, and it shall appear to such ordinary by competent evi- 
dence, including such examination of the child as may be practi- 
cable, that by reason of the neglect, habitual drunkenness, lewd, or 
other vicious habits of the parents or guardians of such child, it is 
necessary to the protection of such child from suffering, or from 
degradation, that such parents or guardians shall be deprived of the 
custody of such child, such ordinary may commit such child to any 
orphan asylum or other charitable institution established according 
to law in this State which is willing to receive such child, or appoint 
a proper guardian therefor, or make such other disposition of them 
as now is, or may hereafter be, provided by law in cases of disor- 
derly, pauper, or destitute children. 
<&25oi. §2506. (1796.) Mutual protection. Parents and children may mu- 

tually protect each other, and justify the defense of the person or 
reputation of each other. 

Section cited : 63 Ga. 793. 

General Note on Parent and Child. — Where K. pays for medical services 
rendered by a physician to the son of D., and sues D. for it : 18 Ga. 457. As to 
the father's liability for the debts of his child : 28 Ga. 486. When the father 
is responsible for more than necessaries on his child's account: 38 Ga. 227. 
Father not liable for the second account where he notifies not to credit : 
29 Ga. 371. 

Ordinarily, promise to pay implied from acceptance by one of another's 
services; aliter as to son's care to old and infirm father, what should appear: 
90 Ga. 581. 



ARTICLE 2. 

ILLEGITIMATE CHILDREN, OR BASTARDS. 



S 3488 - §2507. (1797.) Bastard. A bastard is a child born out of wed- 

lock, and whose parents do not subsequently intermarry, or a child 
the issue of adulterous intercourse of the wife during wedlock. 



259 THIRD TITLE.— CHAPTER 2, ARTICLE 2. §§2508-2511 

Illegitimate children, or bastards. 



Section cited ; where marriage legitimates, and as to the inheriting of ille- 
gitimates : 45 Ga. 577. 

§2508. (1798.) Father's obligation. The father of a bastard is$ 2501 - 
bound to maintain him. This obligation shall be good considera- 
tion to support a contract by him. He may voluntarily discharge 
this duty; if he fails or refuses to do it, the law will compel him. 

Where this obligation on a father was held to be a good consideration for a 
note of his : 12 Ga. 342. And this obligation is a good consideration for a set- 
tlement made in trust for the benefit of the mother : 15 Ga. 175. This obliga- 
tion of the father in life does not bind his representative : 47 Ga. 445, 450. 

Action not lie against reputed father to recover amount expended in main- 
tenance : 77 Ga. 530. 

§2509. (1799.) Mother's rights. The mother of a bastard is en- 
titled to the possession of the child, unless the father shall legiti- 
mate him as before provided. Being the only recognized parent, 
she may exercise all the paternal power. 

Rule stated here, that the mother generally entitled to the custody of : 36 Ga. 
440. Mother of a minor colored child has control of his services, when: 
53 Ga. 648. 

§2510. (1800.) Inheritance by bastard. Bastards have no inherit- ^cobb^'ps. 
able blood, except that given to them by express law. They may A ^^ 9 
inherit from their mother, and from each other, children of the ^ ct § 2 g 855 * 6 > 
same mother, in the same manner as if legitimate. If a mother ^fH^ 5 ^ 
have both legitimate and illegitimate children, they shall inherit 
alike the estate of the mother. If a bastard dies leaving no issue 
or widow, his mother, brothers and sisters shall inherit his estate 
equally. In distributions under this law the children of a deceased 
bastard shall represent the deceased parent. 

Legitimates on the paternal side not codistributees with the illegitimates : 
12 Ga. 332. Also as to illegitimates inheriting from the mother and from each 
other: 45 Ga. 574-577. 

Before Act of 1816 mother's property escheated to State to exclusion of her 
bastard children. History of this section: 94 Ga. 813. 

Mother of bastard who has no full brother or sister, sole heir: 78 Ga. 770. 

§2511. (1801.) By legitimates from illegitimates . If a bastard dies Act | 6 1859, 
intestate, leaving no widow or lineal descendant, or illegitimate ^H^) 02 ' 
brother or sister, or descendant of a brother or sister, or mother, but 
shall leave a brother or sister of legitimate blood, such brother or 
sister, or descendant of such brother or sister, may inherit the estate 
of such intestate; but in default of any such person, the brothers 
and sisters of the mother of such bastard or their descendants, or 
the maternal grandparents of such bastard, may inherit the estate 
of such bastard, to be divided amongst said persons in accordance 
with the degrees of consanguinity prescribed in the laws for the dis- 
tribution of other estates. 

As to illegitimates inheriting : 45 Ga. 574. 



§§2512, 2513 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. 260 

Guardian and ward, how and by whom appointed. 

Mother of bastard who has no full brothers or sisters, sole heir: 78 Ga. 770. 

General Note on Illegitimates. — Acts legitimating a bastard to no par- 
ticular person, only changed the name of the party: 7 Ga. 512. May be made 
legitimate by an act of the legislature : 8 Ga. 210. Child made legitimate by 
act of the legislature through the procurement of the father is his lawful 
child, and upon the death of any of his children, inherit from each other: 25 
Ga. 638. Agreement between guardian and ward to settle part of her property 
on their bastard child is not void : 28 Ga. 136. Issue of marriage after deser- 
tion of her husband for nineteen years and a half, not bastards ; lex loci governs 
as to legitimacy : 34 Ga. 407. 



CHAPTER 3. 

OF GUARDIAN AND WARD. 



ARTICLE 1. 



THEIR APPOINTMENT, POWERS, DUTIES, LIABILITIES, SETTLEMENTS, 

RESIGNATION, ETC. 



SECTION 1. 

HOW AND BY WHOM APPOINTED. 

§2512. (1802.) Kinds of guardians. Guardians of minors may be 
either — 1. Natural guardians. 2. Testamentary guardians. 3. Guard- 
ians of person and property, or either. 
A Cobb 2 322 §2513. (1803.) Natural guardian. The father, if alive, is the nat- 
A Cobb 4 3k ura, l g ual *dian; if dead, the mother is the natural guardian. The 
A p lVi 851 "' 2, na tural guardian cannot demand or receive the property of the child 
until a guardian's bond is filed and accepted by the ordinary of the 
county. If such natural guardian fail or refuse to give bond and 
surety, the ordinary may appoint another guardian to receive such 
property. 

Mother continued as guardian for child over fourteen years of age : 64 Ga. 
259. Mother by being guardian by nature has no wrongful control over the 
mortgage debt of the child: 6 Ga. 401. Father allowed for his trouble to 
retain the interest on a fund received as guardian : 29 Ga. 194. Father is the 
natural guardian of the child, and entitled to custody and control: 33 Ga. 196. 
Section cited ; must give bond, to receive either the corpus or the income: 46 
Ga. 543. Can in equity recover back the money paid to the mother when she 
had given no bond and could not receipt for it : 46 Ga. 559-561. Section cited ; 
and can get the money where paid to natural guardian for ward, who had no 
legal right to receive it : 46 Ga. 557, 561. Payment to the mother who had not 
given bond : 46 Ga. 538-542. 



261 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. §§2514-2516 

Guardian and ward, how and by whom appointed. 

§2514. (1804.) Testamentary guardian. Every father may, by will, ^f^i 851 " 2 ' 
appoint guardians for the persons or property, or both, of his chil- 
dren, and such guardians shall not be required to give bond and 
security, except in case of waste committed or apprehended, or 
property coming to the ward from sources other than the father's 
will, when the ordinary shall require the same. If a testamentary 
guardian fails to give bond as required, the ordinary may dismiss 
him as guardian and appoint another, or may appoint another 
guardian for the property thus accruing. In all other respects 
a testamentary guardian shall stand on the same footing with 
other guardians appointed by the ordinary. 

Where testamentary guardian, not having given bond and security, could 
not recover in the property from the administrator: 16 Ga. 364. When the 
wife being divorced cannot appoint a testamentary guardian, husband sur- 
viving : 33 Ga. 195. Testamentary guardian cannot by will transfer the custody 
of the ward to another : 33 Ga. 195. Executor of will as such is not entitled 
to the custody of minors : 34 Ga. 253. Mother as guardian by nature or nur- 
ture has no control of the estate of the minor: 6 Ga. 401. 

One cannot appoint testamentary guardian for children of another, and 
such appointee held property devised as trustee for such children : 79 Ga. 398. 

Husband's will, exempting wife from accounting for profits of estate, and 
naming guardian of children in event of her death, constituted her testa- 
mentary guardian : 90 Ga. 236. 

Generally bond for property willed to ward, not required of testamentary 
guardian : 90 Ga. 237. 

§2515. (1805.) Appointed by widows. The mother, if a widow, shall A ^^ 4 |' 35 
have the power by will to appoint testamentary guardians for such 
children as have none, as to their persons, and as to such property 
as they may inherit from her. 

§2516. (1806.) General guardian. The ordinary of the county of ^^^ 
the domicile of a minor having no guardian shall have the power of ^obl 50 ^ 
appointing a guardian of the person and property, or either, of such$$ 2452 > 2504 - 
child. If the ward shall be above the age of fourteen years before 
a guardian is appointed, he shall have the privilege of selecting a 
guardian, and if such selection be judicious the ordinary shall ap- 
point him. The ward having once exercised this privilege cannot 
do so again, except upon cause shown for the removal of the first 
selection. 

Order of appointment must show jurisdiction of the person or property in 
the county where the guardian is appointed : 7 Ga. 362. Court of ordinary as 
to testate and intestate estates is not a court of limited jurisdiction, but 
jurisdiction is presumed : 14 Ga. 27. Appointment of a guardian of a free 
•person of color being a matter of record, not provable by parol: 14 Ga. 185. 
Selection of guardian by a minor at the age of fourteen years : 14 Ga. 594. 
New guardian appointed when the letters of the older one are revoked: 50 Ga. 
334 ; 6/432. Letters of guardianship should be taken out in the county of 
minor's residence: 15 Ga. 414. When ward arrives at years of discretion, can 
select the residence : 18 Ga. 5. Ordinary cannot appoint a guardian for an 



§§2517-2519 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. 262 

Guardian and ward, how and by whom appointed. 

infant who resides out of the county: 25 Ga. 613. Custody of the child 
awarded to the father under a habeas corpus, he having been appointed guard- 
ian by the courts of Alabama where the child resided : 33 Ga. 195. Where 
an Alabama court could not appoint a guardian for a child who resided in Geor- 
gia: 34 Ga. 253, and see section 1827. Legislature may authorize the ordinary 
of any county to appoint a particular person of that county, although the 
minor live in another county: 20 Ga. 375. Appointed by the inferior court 
before the power was vested in the ordinary : 25 Ga. 694. Estoppel of the 
guardian from saying that the ordinary appointing him had no jurisdiction : 
25 Ga. 696. Superior court ordering the appointment of a guardian ad litem, 
entered nunc pro tunc on the minutes : 27 Ga. 555. Decision of the ordinary 
in appointing a guardian appealed to the superior court, wishes of the parent 
to be considered. And no one has a right to guardianship of infant under 
fourteen except his own : 31 Ga. 716. What must be done to carry out choice 
of ward in selecting guardian after he becomes fourteen years of age : 50 
Ga. 332. 

Guardian appointed at chambers, void, and his returns of no effect: 72 Ga. 
125 ; see also 87 Ga. 74. 

There is no such thing as a de facto guardian : 72 Ga. 125. 

Title, on death of ancestor, vests in heir, not in his guardian : 72 Ga. 189. 

Ordinary of county of father's domicile at death could appoint guardian for 
deceased's children although they were removed to Alabama, pending pro- 
ceedings, and guardian appointed there: 74 Ga. 539. 

Surety on guardian's bond appointed in 1867, liable to extent of penalty for 
all property of ward received by guardian, no matter from what source, after 
bond signed : 88 Ga. 722. 

Guardianship awarded to wealthier of contestants : 91 Ga. 90. 

§2517. (1807.) Of property of non-resident ward . If a minor is non- 
resident, but has property in this State, the ordinary of the county 
where the property is may appoint a guardian, who shall have con- 
trol only over such property. 

It should appear that the ward lived in the county or had property there: 
7 Ga. 365. 

Act 1828, §2518. (1808.) Mother guardian. In the appointment of guardians 
Act 1845, the widowed mother shall have the preference, upon complying with 

OODD, 835. 

Acts 1878, the law. Among collaterals applying for the guardianship, the 
nearest of kin by blood, if otherwise unobjectionable, shall be pre- 
ferred — males being preferred to females. The ordinary, however, 
in every case may exercise his discretion according to the circum- 
stances, and if necessary, grant the letters to a stranger in blood. 

Effect of judgment awarding guardianship to one collateral kinsman in a 
contest for administration : 31 Ga. 694-698. Effect of dying request of parents 
as to guardianship of the child : 31 Ga. 716. Executor as such not entitled to 
the custody of the testator's children : 34 Ga. 253. This section construed, and 
when the nearest kin by blood to be preferred : 44 Ga. 485. The mother as 
guardian by nature has no control of the child's estate: 6 Ga. 401. 

One who had custody of minor during father's life, etc., und-er contract, en- 
titled to guardianship, rather than next of kin : 68 Ga. 87. 

Acts 1876, §2519. (1809 a.) Married women may be guardians, 'when. Married 
women shall be authorized to act as guardians for their minor chil- 



263 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. §§2520-2527 

Guardian and ward, how and by whom appointed. 

dren by a former husband, by complying with all the requisitions 
required by law of other guardians in this State. 

This section held not changing existing law : 73 Ga. 322. 

§2520. (1809.) Appointment of clerk or stranger. If there be no ap- ^vf 26 .}™ 
plication for letters of guardianship, and a necessity for a guardian ^f*^ 45 ^ 36 
exists, the ordinary, after giving notice for thirty days, may vest A co^ 50 3 ' 39 
such guardianship in the county guardian, clerk of the superior 
court of the county, or in any person or persons residing in said 
county, whom he shall deem fit and proper in his discretion, requir- 
ing bond and security as in other cases. 

§2521. County administrators county guardians. County adminis- Actsi89o-i, 
trators are ex officio county guardians, and shall accept all appoint- $ 3376 * 
ments as guardians in cases where there is no application for 
letters of guardianship, and a necessity for a guardian exists. 

§2522. Bond as such. County administrators shall give another 
bond with good security, to be judged by the ordinary, in the sum 
of five thousand dollars, payable to the ordinary for the benefit of 
all concerned, and shall be attested by him or his deputy, conditioned 
for the faithful discharge of the duties of county guardian, as re- 
quired bylaw; suits thereon maybe brought by any person aggrieved 
by the misconduct of the county guardian, as provided by law for 
suits on the bonds of other guardians. 

§2523. Letters of guardianship . The ordinary shall grant to said 
county guardian separate letters of guardianship upon each appoint- 
ment; he shall be subject to all liabilities, and entitled to all the 
rights and emoluments prescribed for other guardians, and shall be 
governed by the law provided for other guardians. 

§2524. Additional security. The ordinary shall require additional 
security upon all bonds, or an additional bond with security, when- 
ever he may deem it best for all parties concerned, or whenever it 
shall be made to so appear to said ordinary by any other person in 
interest or as prochein ami. 

§2525. Lain as to county administrator applicable. All the provi-^ 3376 - 
sions of this Code creating the county administrator, applicable to 
the duties and powers conferred by this Article, are made part of 
the same. 

§2526. (1810.) Guardian of bastard. The ordinary may appoint $ 2507 - 
a guardian for the person and property of an illegitimate child in 
all cases where he may deem it necessary , 

§2527. (1811.) Notice of application. Every application to be ap- ^obhSk. 
pointed guardian of a minor under the age of fourteen years, other ^ 3359 > 3367 - 
than the child of the applicant, shall be made to the ordinary, and 
notice thereof given by him in some public gazette of this State, at 
least thirty days before such letters shall be granted. At the regu- 



§§2528-2530 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. 264 

Guardian and ward, how and by whom appointed. 

lar term next after the expiration of the notice, the letters may be 
granted either to the applicant or some other person, in the discre- 
tion of the court. In the meantime a temporary guardian may be 
appointed under the same rules as apply to the appointment of tem- 
porary administrators. 

Discretion on appeal from the court of ordinary vests in the superior court: 
31 Ga. 716. Habits, character, etc., of applicant, inquired into: 44 Ga. 485. 
Nearest kin by blood preferred : 44 Ga. 488. 

Appointment of guardian in vacation, without notice, void: 87 Ga. 74. See 
72 Ga. 125. 

Minor being under fourteen years old, neither contestant entitled in law. 
Ordinary or judge, on appeal, may or not ascertain child's preference: 91 
Ga. 90. 

Guardianship awarded to wealthier of contestants : 91 Ga. 90. 

A Oobi 82 32o §2528. (1812.) Bond and oath. Every guardian appointed by the 
Acti826, ordinary, before entering on the duties of his appointment, shall 
Aeti84i, take before the ordinary an oath, or affirmation, well and truly to 

Cobb, 333. J ' ' J 

Acts 1851-2, perform the duties required of him as guardian, and faithfully to 
1857, p. 6i. account with his ward for his estate; and shall also give bond with 
good and sufficient security, to be approved by the ordiuary, in 
double the amount of the supposed value of the property of the ward, 
for the faithful discharge of his duty as guardian; such bond shall 
be payable to the ordinary and his successors. A substantial com- 
pliance as to all matter of form shall be sufficient. 

As to the establishment of a copy, and as to the liability of the securities on 
the bond : 1 Ga. 355. When the new appointment of a guardian is void, before 
vacating of the old, so also is the bond of no avail : 6 Ga. 432. Where the no- 
tice of want of bond would not affect a purchaser bona fide from the guardian 
without notice : 64 Ga. 78. 

Guardian may agree with surety to invest all of the ward's money in bonds 
and deposit them with surety to indemnify him against loss as such: 70 Ga. 
454. 

Female guardian's liability did not cease upon letters abating by her mar- 
riage : 73 Ga. 319. 

Guardian liable to ward for proceeds of check belonging to ward, whether 
check properly indorsed or not : 93 Ga. 648. 

A cobb 20 32o § 25 ^9. (1813.) Taken in vacation. The taking of the oath and giv- 
^obb 827 m & ^ ie D0D( 1 m ^y be done at any time in vacation, the appointment 
A (jobu''":39 ^ e i n S made at a regular term. The bond when taken shall be re- 
corded by the ordinary in a book to be kept by him for that purpose, 
and the original kept of file in his office. 

Appointment in vacation, void: 72 Ga. 125; 87/74. 
Actflasei, §2530. (1814.) Additional bond. If at any time after the appoint- 
ment other property shall descend, or come, or be given, or other- 
wise accrue to the ward, the ordinary may require the guardian to 
give an additional bond with security in double the amount of such 
property, and on his failure to comply, the ordinary may appoint a 



265 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. §§2531-2533 

Guardian and ward, how and by whom appointed. 

special guardian for such property; aud whenever it shall come to 
the knowledge of the ordinary, either by annual returns or other- 
wise, that the bond and security of any guardian is not of sufficient 
amount to be of double the amount of the property or funds in the 
hands of such guardian, or that such bond and securities are other- 
wise insufficient in the judgment of such ordinary, it shall be his 
duty to give notice to said guardian to come forward at the next term 
of the court of said ordinary, and give additional security to said 
ordinary, or give a new bond with good securities; and on failure to 
do so, the authority of said guardian shall cease; and said ordinary 
shall appoint, in terms of the law, a guardian to take the place of 
said defaulting guardian. 

Order accepting a new bond with security in place of the old, and declaring 
the former security discharged, is valid : 56 Ga. 304. 

Discretion to require additional bond is cumulative ; surety liable for all 
future defaults though additional bond taken : 88 Ga. 724. 

§2531. (1815.) New sureties. If one or more of the sureties on the$ 3400 - 
guardian's bond shall die, or become insolvent, or remove from this 
State, or from other cause the security becomes insufficient, the or- 
dinary may, of his own motion, or at the instance of any relative of 
the ward, require the guardian to give other and sufficient security, 
and on his failure so to do in compliance with such order, the court 
shall revoke his letters of guardianship, and appoint some other per- 
son in his place. 

When accepting new securities on a bond was valid : 56 Ga. 304, 305. 
After death of surety, if ordinary recognizes guardian as such without re- 
quiring additional security, guardian's acts are valid: 80 Ga. 138. 

§2532. (1816.) Proceedings in case of misconduct. If the ordinary A q*^ 9 |' 12 
knows, or is informed, that any guardian wastes, or in any manner ^obh^Vr. 
mismanages the property, or does not take due care of the mainte- ^obtfsbi. 
nance and education of his ward according to his circumstances, or A J^^g' 26 
refuses to make returns as required by law, or for any cause is unfit 
for the trust, the ordinary shall cite such guardian to answer to such 
charge at some regular term of the court, when, upon investigation 
of his actions, the ordinary may, in his discretion, revoke his letters, 
or pass such other order as in his judgment is expedient under the 
circumstances of each case. 

The being a Universalist or infidel, no ground for removing a guardian : 41 
Ga. 185. 

Infant may maintain bill in equity, by next friend, against guardian for 
misappropriation of funds : 76 Ga. 422. 

§2533. (1817.) Motion by surety. The surety of any guardian on A co^ |' 14 
his bond, or, if dead, his representative, may at any time make A J* b 1 ^ 1 3' 17 
complaint to the ordinary of any misconduct of his principal in the 
discharge of his trust, or for any other reason show his desire to be 
relieved as surety; thereupon the ordinary shall cite the guardian to 



§§2534, 2535 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. 266 

Guardian and ward, how and by whom appointed. 

appear at a regular term of the court, and show cause why such 
surety shall not be discharged; and upon hearing the parties and 
their evidence, the ordinary may, at his discretion, pass an order 
discharging such surety from all future liability, and requiring such 
guardian to give new and sufficient security or be discharged from 
his trust; such new sureties shall be liable for past as well as future 
waste or misconduct of the guardian. And such discharged surety 
shall be relieved only from the time the new security shall be given. 
If new security is not given, and the guardian's trust is revoked, the 
discharged surety shall be bound for a true accounting of such 
guardian with the new guardian, or his ward, if no other guardian is 
appointed. The death of a surety shall be a sufficient ground for 
his discharge from future liability, on application of his representa- 
tive and the granting of the order. In all cases where letters of 
guardianship are revoked, the sureties on the bond are liable for all 
the acts of the guardian in relation to his trust up to the time of 
his settlement with the new guardian or his ward. 

How surety to be discharged under this section : 56 Ga. 304-306. Discharged 
only from future liability under Act of 1805, new sureties bound for past and 
future waste : 1 Ga. 84, 356. Presumption where discharge of surety under 
Act of 1805 is, that the court will so act as to protect the ward : 1 Ga. 355. 
Decree -against guardian of devastavit only prima facie evidence : 1 Ga. 355. 
Where the ordinary refuses to receive new sureties : 15 Ga. 74. As to respon- 
sibility of both sets of sureties: 7 Ga. 549-551. As between themselves, last 
sureties first bound for whole waste : 77 Ga. 570. Discharged surety relieved 
from time new security given ; second surety's liability primary ; he has no 
right of contribution from first. Undertaking to contrary by first surety's 
administrator, invalid ; his bondsmen not bound by it : 94 Ga. 405. 

S 5031 - §2534. (1818.) Revocation does not abate suit. The revocation of 

letters of guardianship shall not abate any suit pending for or 
against the guardian, but the new guardian shall be made a party by 
scire facias, as in case of the death of a party. 
A Cobb! 32o. §2535. (1819.) Suit on guardian's bond. Suit may be instituted 
'p Ct 235? 51 " 2, a g a i ns t the guardian and his sureties on his bond in the same action 
1 p 5 i45 a ^ the instance of his ward, or a new guardian, or any other person 
w 3504,8398 - interested, without first suing the guardian; and if the guardian is 
beyond the jurisdiction of the court, or places himself in the posi- 
tion of a debtor liable to attachment, or is dead, and his estate un- 
represented, suit may be commenced against the sureties alone: 
Provided, that the fi. fa. issued upon a judgment obtained against 
the guardian and his sureties shall not be levied upon the property 
of the sureties until a return of nulla bona as to the guardian, unless 
the property of the sureties is being removed from the county. If 
the failure to sue the guardian arose from his voluntary act, the 
judgment against the sureties shall be conclusive in any suit against 
him. 



267 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. §§2536, 2537 

Guardian and ward, how and by whom appointed. 

See notes to sections in margin. 

Section referred to and construed : 57 Ga. 68. Proof of bare reception of 
estate, no breach of administrator's bond: 6 Ga. 303. Measure of damages is 
the aggregate of accruing principal* and interest : 6 Ga. 303. Bill alleging 
waste before discharge of the sureties : 7 Ga. 587. Sureties on guardian's bond 
not liable to suit under Act of 1820, until judgment against principal in his rep- 
resentative capacity : 7 Ga. 31. Bill to ascertain liability of several sets of 
sureties : 7 Ga. 549. Adequate remedy at law, where discovery may be wanted : 
17 Ga. 52. Demurrer sustained to bill to adjust relative rights of sureties on 
bond, there being adequate remedy at law : 17 Ga. 123. Bill for devastavit 
against guardian on different bond and sureties, if there is a charge of princi- 
pal's insolvency : 32 Ga. 63. Return of nulla bona on an execution, to prove 
devastavit in an action by ward against securities on bond : 8 Ga. 351. More 
than bare reception of ward's estate, necessary to charge security in action on 
bond : 1 Ga. 84. May at law in action on bond get such relief as could in 
equity : 9 Ga. 65. Judgment against guardian as such unnecessary ; statutory 
bar to suit on bond same as on sealed instruments : 10 Ga. 65. Suit by new 
guardian on bond of the old one, must prove demand: 14 Ga. 594. Guardian 
responsible by bond for only such property as is accessible to him : 27 Ga. 56. 
Liability of sureties secondary to that of the assignee, evidence in suit against 
the assignee: 33 Ga. 372. Suit by minor against his guardian on the bond: 10 
Ga. 65-73. Securities bound as required by law, and amendment making a judg- 
ment as against the guardian when it was against him as an individual, refused : 
39 Ga. 130. On the Act of 1851-2 : 31 Ga. 105. Guardian chargeable with more 
assets than the amount sued on, credits applied to the excess, until that ex- 
hausted : 56 Ga. 304. Guardian's returns as administrator not admitted in suit 
against him as guardian : 59 Ga. 212. 

Decree against guardian on contest of creditors over fund, not admissible 
in suit solely against surety ; when ward may sue surety alone : 71 Ga. 50. 

Where assets traced into hands of either guardian, burden is on defendants 
to account for same : 93 Ga. 648. 

Each of two guardians is surety for the other on joint bond, and all sureties 
liable for devastavit committed by either : 93 Ga. 648. 

§2536. (3385.) A ward may sue his guardian. When any guardian $ 34 °o- 
shall fail or refuse to settle and account with his ward upon his 
coming of age, such ward may institute his suit in the first instance 
against his guardian and sureties without first suing his guardian. 

"Where in suit by ward on guardian's bond need not aver and prove judgment 
against him in his representative character : 10 Ga. 65. No need to resort to 
equity : 17 Ga. 123. 

Infant may maintain bill in equity, by next friend, against guardian for 
misappropriation of funds : 76 Ga. 422. 

Guardian liable to ward for proceeds of check belonging to ward, whether 
check properly indorsed or not : 93 Ga. 648. 

§2537. (1820.) Removing proceedings to another county. A guardian $8516. 
whose residence is, or by removal or otherwise becomes, in a different p- 235 - 

. . 1855-6, 

county from that of his appointment, may have the privilege of re- p- 145 - 
moving the trust to the jurisdiction of the ordinary of his own 
county, by first giving bond and good security to such ordinary, as 
if first appointed by him, and filing a certificate of such fact with the 
ordinary by whom he was appointed. He shall also obtain from such 



§2538 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 1. 268 

Guardian and ward, how and by whom appointed. 

ordinary an exemplification of all the records concerning his guard- 
ianship, and of the order passed transferring the same to the county 
of his residence, which exemplification shall be filed with and re- 
corded by the ordinary of said county, who shall then have the same 
jurisdiction over such guardian as if first appointed by him. The 
sureties upon such guardian's first bond shall be liable only for past 
misconduct; the sureties upon the new bond shall be liable for both 
past and future misconduct. 

Old sureties relieved from further responsibility under Act of 1812: 6 
Ga. 432. Discharged security on bond released from all further responsibility, 
while those substituted in their place liable for past and future : 1 Ga. 84. As 
to evidence of the guardian's bond : 1 Ga. 368, 355. 

*lml%S.' §2538. (1821.) Guardian ad litem. Whenever a minor is interested 
in any litigation pending in any court in this State, and has no 
guardian, or his interest is adverse to that of his guardian, such 
court shall have power to appoint a guardian ad litem for such minor, 
which guardian shall be responsible to such minor for his conduct in 
connection with such litigation, in the same manner as if he were a 
regularly qualified guardian. 

See notes to sections in margin. 

When motion for, and when infant should appear by guardian ad litem: 13 
Ga. 467. Equity's power to appoint: 2 Ga. 73. Decree not to be had until 
such guardian appointed, whether there is a regular one or not: 13 Ga. 24. 
Judgment against a lunatic is valid, although the guardian who accepts the 
trust does not act : 23 Ga. 168. Section cited, when the child's interest was ad- 
verse to the guardian, and sued by next friend: 45 Ga. 310. Minor suing by 
next friend : 48 Ga. 554. A wrong charge in regard to the appointment of a 
guardian ad litem: 48 Ga. 648. "Where there was no guardian ad litem, and yet 
the decree was not void : 53 Ga. 514. When neither the guardian nor purchaser 
could hold the ward's property wrongfully : 55 Ga. 21. Section cited : 60 Ga. 
665. 

Guardian ad litem, appointment of, proper, where minor served with bill and 
has no guardian : 67 Ga. 247. 

Acceptance of trust by guardian ad litem, and proper exercise of discretion 
in making appointment, presumed : 67 Ga. 546. 

One filing bill for himself and minors, cross-bill filed, and decree rendered 
against minor's estate, minors were bound, although no guardian ad litem. 
Especially where money borrowed, for which decree had against trust estate, 
was used to pay taxes, etc., for said estate : 69 Ga. 672. 

Minor may recover on proof of title in him, though suit by guardian and his 
letters not produced. If guardian necessary, court should appoint: 72 Ga. 189. 

Administrator represents minor distributees, and they are bound by de- 
cree : 72 Ga. 726. 

Administrator appointed guardian ad litem and not declining, order making 
minors parties unnecessary : 72 Ga. 726. 

Not necessary to have guardian ad litem appointed for ward upon application 
of guardian to sell real estate : 80 Ga. 138. 

Though guardian ad litem did not formally accept appointment until after 
order for sale granted, cured here by other acts: 81 Ga. 370. 



269 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 2. §§2539, 2540 

The powers, duties and liabilities of guardians. 

SECTION 2. 

THE POWERS, DUTIES AND LIABILITIES OP GUARDIANS. 

§2539. (1822.) Power and duty of guardian. The power of the 
guardian over the person of his ward is the same with the father 
over his child, the guardian standing in his place; and in like man- 
ner it is the duty of the guardian to protect and maintain, and, ac- 
cording to the circumstances of the ward, to educate him. 

Buying land with the ward's money, he holds it in trust for the ward: 54 
Ga. 690. Power of , as to taking notes: 55 Ga. 89. Section cited, as to policy 
since the Code, as to guardian's taking charge of the estate for the ward, after 
it has been duly administered : 60 Ga. 665. 

Right to custody: E. M. Charl. 119. 

§2540 (1823.) Returns. Every guardian, within twelve months A cob™ 9 8i2. 
after his appointment, and by the first Monday in July in every year ^obb^kz. 
thereafter, shall make a return to the ordinary under oath, making A cobb^32o. 
an accurate exhibit of all the property of his ward received by him A c'obbf 333 
up to that time and since his last return, together with an account A cobb^4 . 
current of his receipts and expenditures, accompanied with the A p ct | 7 ^ 851 " 2 ' 
vouchers for the same, and any other matter connected with the 1 ® 55 ^ 
said property, which said returns shall be examined by the ordinary, Hjj^p'jjj' 
and if found correct shall be allowed by him and entered of record $$ 3516 ' 3491 - 
with the vouchers; and the judgment thus rendered by the ordinary 
shall be prima facie evidence of the correctness of said return in 
favor of said guardian. If the guardian shall have removed beyond 
the limits of this State, the oath of his surety shall be sufficient to 
verify the return, and if the guardian be dead, his representatives 
may make his returns as provi ded in case of deceased adminis- 
trators. 

No vouchers allowed by the court of ordinary, yet guardian may prove debt 
paid after, although contracted before dismission : 1 Ga. 475. Returns al- 
lowed are prima facie evidence of their correctness, and the burden of proof is on 
the one attempting to impeach them : 5 Ga. 29 ; 15/451. Admission that he had 
not made regular returns in the guardian's answer casts suspicion on the fair- 
ness of the settlement: 6 Ga. 419. Judgment passing returns to record: 10 
Ga. 65-68. His returns estop the guardian from denying that the property be- 
longed to his ward : 11 Ga 258. Where the fact that the annual profits are not 
sufficient for the education and maintenance of the ward appears from the 
returns: 20 Ga. 325. Vouchers, how admissible in evidence, the guardian's 
receipts to himself, the receipts of the attorney for the guardian, not sufficient 
proof without further evidence : 22 Ga. 312. Failure to make returns by 
guardian, a breach of trust and duty: 24 Ga. 558. Administrator of deceased 
guardian cannot make his returns to the ordinary, and failure to make returns of 
interest does not preclude guardian from two and a half per cent, commission : 29 
Ga. 82. Guardian required to deliver to receiver property appearing from his 



§2541 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 2. 270 

The powers, duties and liabilities of guardians. 

last returns to belong to his ward : 33 Ga. 271. Where the guardian purchases 
land with ward's means, the ward through next friend may elect to take either 
that land or fund : 48 Ga. 554. Charged with cash received as administrator, 
bound, and cannot show that in fact it was notes on persons since insolvent : 57 
Ga. 226. When returns by the guardian in Confederate money protected : 39 
Ga 96. Effect of approval of the annual returns by the ordinary, is giving his 
tacit consent to the items of expenditure of more than the annual profits of the 
ward's estate : 61 Ga. 452. 

Original returns of administrators, etc., not admissible in evidence; must 
have exemplification of return, and judgment allowing: 67 Ga. 466. Returns 
only prima facie evidence ; may be explained by parol : 45 Ga. 520 ; 59/213 ; 
68/399 ; 59/228. Returns of one appointed guardian at chambers, of no effect 
and inadmissible : 72 Ga. 125. Unapproved return without vouchers attached, 
made after discharge for failure to make returns, properly rejected in suit on 
bond : 79 Ga. 274. Pleading which attacks duly allowed returns should specify 
items and grounds of attack. If allowance procured by fraud, returns vitiated 
only so far as fraud extended : 89 Ga. 656. 

Acti799 185 ' §2541. (1824.) Amount of expenditure. Every guardian shall be 
Actsi859 2 ' a ll° we( i ai l reasonable disbursements and expenses suitable to the 
p. 37. circumstances of the orphan committed to his care. But the 
expenses of maintenance and education must not exceed the annual 
profits of the estate, except by the approval of the ordinary pre- 
viously granted. The ordinary may, in his discretion, allow the 
corpus of the estate, in whole or in part, to be used for the educa- 
tion and maintenance of the ward. 

Guardian's duty where annual profits are not sufficient for the education 
and maintenance, and when he can encroach on the corpus of the estate: 
15 Ga. 451. In annual returns made by guardians, allowed reasonable expenses, 
although it exceed the income : 29 Ga. 582. The fact must appear from the 
annual returns, as to the condition of the minor's estate, to justify any encroach- 
ment on it: 29 Ga. 325. Circumstances may justify, if necessary, the expenses 
for advanced education which the husband of the ward may ratify : 20 Ga. 6. 
Suit against guardian for dentistry for the ward, without proof of its value, 
verdict for defendant : 30 Ga. 37. Disbursements should be allowed guardian 
living out of the county where the ward's property is : 23 Ga. 489. What dis- 
bursements are proper the guardian should decide, being entitled to control 
the corpus of the legacy : 26 Ga. 148. Disbursements to be out of interest, and 
the rule of interest as against the guardian : 29 Ga. 82. Clothing for minor 
provided for in marriage settlement good, as an executed trust; and as to 
guardian's commissions: 29 Ga. 758. Section cited, income not spent one year, 
but the balance used the next year, is not improper ; corpus only to be touched 
by leave of the ordinary : 55 Ga. 89-93. Auditor's report conclusive as to an 
expense by the guardian, and credit not allowed: 59 Ga. 529. Section cited; 
the approval of the regular annual returns of the guardian by the ordinary, 
before the final settlement, is consent to his expending more than the profits: 
61 Ga. 452. Section cited ; where the corpus of the estate was encroached on by 
the guardian without order of court of ordinary, the ward not bound by this 
unless settles with full knowledge of the facts: 59 Ga. 793-796; 20/7; 27/78. 
Cited, and superior court may decree sale of corpus for maintenance and 
education : 70 Ga. 806. Cannot use corpus without order of court ; discretion to 
encroach on corpus belongs to ordinary alone ; ordinary may ratify returns 



271 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 2. §§2542-2545 

The powers, duties and liabilities of guardians. 

showing corpus encroached on : 72 Ga. 538, 558. Value of services by beneficiary 
to administrator, deducted from his charges for supplies: 72 Ga. 558. Quality 
of board, clothing, etc., supplied,' proved by one who knew their value when 
furnished : 72 Ga. 558. 

Construed with section 3431 : 72 Ga. 564. 

Father unable to provide suitable education for child, ordinary may permit 
him to use corpus of estate in his hands as guardian : 80 Ga. 138. 

§2542. (1825.) Binding out indigent orphans. If the annual profits ^^f' 2598 ' 
of the estate of any orphan, with or without a guardian, are not ^^^ 
sufficient for his education and maintenance, and the ordinary shall Acts^ises-e, 
not allow the corpus of the estate to be used for such education and 
maintenance, it shall be the duty of the ordinary forthwith to bind 
out such orphan for the whole or such part of the time of his mi- 
nority as to him shall seem best, and on such conditions as will most 
promote the interest of such orphan, in all cases requiring that 
such orphan shall be allowed to attend the nearest school, where 
education is free to him, at least three months in the year. 

Wrongful charge of the court as to: 20 Ga. 327. Section cited and con- 
strued : 55 Ga. 93. On the Act of 1799, as to the ordinary binding out the 
orphan : 15 Ga. 451, 452. 

§2543. (1826.) El treatment. It shall be the duty of the ordinary A <?^ 3 ' 13> 
and of the guardian of such orphan to be informed as to his treat- $ 2604 - 
ment, and on complaint of ill usage, or any condition broken, the 
ordinary shall bind such orphan to some other person. 

§2544. (1827.) Failing to make returns. The ordinary shall keep A cob b 64 30 4 
a docket of all the guardians liable to make returns to him, and j^- 1850 
upon the failure of any one to do so by the time required by law, he A ^°^Jg°g 
shall cite the said guardian to appear and show the reason for his $^' Mm 
delay; and every guardian who shall fail or refuse to make his re- 
turn before the end of the year, shall receive no commission or com- 
pensation for any service done during that year, unless by special 
order of the court of ordinary, exonerating him from all blame. 

Guardian should make regular returns or suffer the consequences : 22 Ga. 
317. Guardian admitting he had not made regular returns, casting suspicion 
on the fairness of the settlement: 6 Ga. 419. Under Act of 1792 (Cobb, 306), 
guardian did not thus forfeit commissions: 29 Ga. 82-102. Guardian entitled 
to commission of two and a half per cent, on all interest accumulating in his 
hands, notwithstanding the failure to make a statement thereof in his annual 
returns ; case of administrator, but same rule applies to guardians: 60 Ga. 316. 

§2545. Guardians may sell estates for reinvestment. By order, in Act i 5 g 889 ' 
term or vacation, of the judge of the superior court of the county of ^32,3135, 
the guardian's appointment, any guardian may sell the whole or 
any part of the estate of their wards, for reinvestment, upon such 
terms and at such time and place as said judge may order. 






§§2546, 2547 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 2. 272 

The powers, duties and liabilities of guardians. 

^fgg 889 ' §2546. Notice of application. Before such application is made, 
t> 9 °2^ such guardian shall publish once a week for four weeks in the news- 
$'2538. paper in which county advertisements are usually published in the 
county of said guardian's appointment, and if the property sought 
to be sold is land, also in the county where the land lies, a notice 
of his intention to apply for such order to sell and reinvest, which 
notice shall describe the property sought to be sold, and the reasons 
for making the application, and the time and place where said ap- 
plication will be made. If said application is made in vacation, the 
judge may hear and pass upon the same at any place within his 
judicial circuit, as business heard in chambers. Said guardian shall, 
in his petition, fully describe the property sought to be sold, the 
income thereon, the expense, if any, of keeping the same, the rea- 
sons for asking the sale, describe the property in which he wishes to 
reinvest the proceeds, and whether he seeks to sell the property 
privately or at public outcry. Said petition shall be verified by the 
oath of the guardian. The guardian shall cause a copy of said peti- 
tion to be served personally upon each of his wards who is over the 
age of fourteen, and shall also cause a copy of said petition to be 
served personally upon one or more of the next of kin of said ward, 
which next of kin shall be other than the guardian. Service of all 
said copies shall be made at least ten days before the time of hearing 
the application. At the hearing the judge, before granting the 
application, shall carefully examine into the matter, ,and satisfy 
himself by evidence other than the verified petition, that said order 
to sell and reinvest should be granted. The judge shall also ap- 
point a guardian ad litem, as provided for the sale of trust estates 
where minors are interested. 

A c C obb n 3i9. § 254 ?- (1828) Sales. All other sales of any portion of the prop- 
A Cobb! 7 325. er ty °f the ward shall be made under the direction of the ordinary, 
A p ct | 5 1851 " 2 ' and under the same rules and restrictions as are prescribed for sales 
$3445. by administrators of estates. 

Compliance with statutory provisions when purchaser at own sales : 8 Ga. 
236. Jurisdiction need not appear on face of ordinary's order: 18 Ga. 526. 
Private agreement for public sale, against public policy: 56 Ga. 40. Sale of 
guardian without an order avoids the sale and is not curable : 60 Ga. 677-679. 
Section cited ; guardian could not sell a note for Confederate money without an 
order of sale from the ordinary: 59 Ga 213. When no estoppel as against in- 
fants as to the sale of their property : 59 Ga. 722-727. Sale void unless by or- 
der of ordinary : 60 Ga. 403. Assignment of note by guardian gives purchaser 
good title: 33 Ga 372. Minor cannot make legal sale of land to guardian; 
65 Ga. 323. 

Authority to "legal guardian" here, in deed of gift before Code, gave power 
to sell or exchange privately without order: 69 Ga. 832. 

Where application made by guardian to sell real estate, not necessary to 
have guardian ad litem appointed for ward: 80 Ga. 138. 



273 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 2. §§2548-2551 

The powers, duties and liabilities of guardians. 

Guardian cannot sell ward's property at public sale to carry out private 
arrangement made beforehand : 80 Ga. 683. 

Sale void, guardian having been appointed in vacation, without notice: 87 
Ga. 74. 

As to ward's ratification of guardian's illegal sale, accepting proceeds with 
knowledge of facts, but not knowing sale illegal : 92 Ga. 265. 

Purchase by guardian at his own sale, voidable only at election of ward: 
93 Ga. 420. 

Guardian, under order to sell ward's land, may sell vested remainder — this 
being ward's only interest: 93 Ga. 420. 

§2548. (1829.) Renting of lands . Every renting of lands of an or- 
phan, unless by special order of the ordinary, shall be in public to 
the highest bidder, and under the same rules as sheriff sales, except 
that credit may be given on good security. 

§2549. (1830.) May contract for labor . Guardians may make con- Act ^ 7 1866 ' 
tracts for labor or service for the benefit of the estates of their wards, §$ 3182 * 3437 - 
upon such terms as they may deem best, and all such contracts made 
in good faith shall be a charge upon and bind said estates whenever 
the same are approved by the ordinary of the county. 

Only can bind his ward for such contracts as are allowed by law : 59 Ga. 637. 

§2550. (1832.) Cultivation and purchasing' plantation. When it is $ 3182 - 
manifestly expedient, guardians, under an order of the court of or- 
dinary, may cause plantations of their wards to be managed and 
cultivated for their benefit. 

Order authorizing investment in land for cultivation, cannot be impeached 
except for fraud : 1 Ga. 475. Where order was procured by fraud, it is a nullity ; 
in such investments guardians must use good faith : 32 Ga. 266. 

§2551. (1833.) Investment in stocks. Any guardian, in his discxe- ^^Ik 
tion, may invest any funds of his ward in his hands in stocks, bonds, A coDb 4 337 
or other securities issued by this State. In every such case his return A ^ t | 2 1851, 
shall set forth the time of such purchase, the price paid, and the ^| 2 ^g 35, 
name of the person from whom purchased. 3181 - 

As to investments of ward's funds without an order of court, section 3180 
embraces guardians : 39 Ga. 96-101. As to investments in Confederate notes 
prior to Code : 56 Ga. 410. Buying with the ward's money and taking the title 
in the guardian's name, he holds that in trust for the ward: 54 Ga. 590. In- 
vesting in Confederate money in good faith during the war, must show that the 
guardian kept these funds separate from his own: 54 Ga. 291. When invest- 
ment made in Confederate bonds, etc., by direction of the court, protected: 
54 Ga. 605, 606. Taking a note wrongfully on a third party : 55 Ga. 90, 91. The 
burden as to the good faith of the transaction rests on the guardian where he 
sets up investments in Confederate money for the ward: 52 Ga. 600; 59/213. 

Where guardian invested Confederate money of ward not in conformity to 
law ; liable for its value at the time of investment : 68 Ga. 167. 

Cited, as to requiring guardian to retain investment in securities of other 
States: 71 Ga. 579. 

Investment in lands ratified by wards, after majority, becoming parties to 
guardian's suit to recover the lands : 72 Ga. 475. 
18 



§§2552-2556 THIRD TITLE.— CHAP. 8, ART. 1, SEC. 2. 274 

The powers, duties and liabilities of guardians. 

That investment was unauthorized, can be urged only by ward : 72 Ga. 475. 

^fs? 847 ' §2552. (1834.) Commissions. Guardians shall be allowed the same 
^p^-ioo 2 ' commissions for receiving and paying out the estates of their wards 
Act | 1 1857 ' as are allowed to administrators. Extra compensation and travel- 
$$3484, 3489. j U g expenses shall be allowed to them upon the same principles as to 
administrators. 

Paid out of principal when no other fund, without his fault, to compensate 
him out of : 17 Ga. 223-225. Commissions out of interest for himself and attor- 
ney fees for collecting it in, two and one-half per cent. : 29 Ga. 82, 758. And 
this is so, although no statement thereof in his annual returns: 29 Ga. 758. 

§2553. (1835.) If there be two guardians. If the guardian resigns 
or dies, or is removed under any circumstances, no commissions shall 
be allowed for turniDg over the estate to anew guardian, or to the 
new guardian for receiving the same; and where a guardian is re- 
moved for waste or gross mismanagement, no commissions shall be 
allowed for any of his services. 

"What cannot, as against the ward, be considered as payment to the succeed- 
ing guardian : 56 Ga. 40. 

§2554. (1836.) Sureties bound, etc. If the appointment of a 
guardian for any cause is declared void, his sureties shall, never- 
theless, be responsible on the bond for any property which may have 
been received by him by virtue or reason of his appointment. 

$3186. §2555. (1837.) Contracts by guardians. The guardian cannot bor- 

row money and bind his ward therefor, nor can he, by any contract 
other than those specially allowed by law, bind his ward's property, 
or create any lien thereon. 

May assign a note legally so as to convey title to it : 33 Ga. 372. Section 
cited, case of a note; guardian cannot render sureties liable on any contract 
other than such as are especially allowed by law : 39 Ga. 130, 133. Section 
cited and construed, in reference to the purchase of property by the guardian 
without order of the ordinary : 59 Ga. 796. Cannot borrow money, and thereby 
bind his ward : 29 Ga. 637, 638. Stated : 59 Ga. 637. 

Guardian may agree with surety to invest ward's money in bonds and de- 
posit them with surety to indemnify him : 70 Ga. 454. 

General Note. — See section 1830 and notes. 

Acts 1855-6, §2550. (1838.) May appoint attorney. The guardian may appoint 
i860,psi. an attorney in fact to act for him where he is unable to act himself, 

$$3000, 3428. * 

and ho and his sureties are bound for the acts of such attorney as if 
it were his personal deed. 

When could appoint an agent to act : 56 Ga. 410. 



275 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 3. §§2557-2559 

Settlement of guardian, resignation, and letters dismissory. 

SECTION 3. 

SETTLEMENT OF GUARDIAN, RESIGNATION, AND LETTERS DISMISSORY. 

§2557. (1839.) Settlements before the ordinary. A ward, on arriving 
at majority, or a new guardian legally appointed, may apply to the 
ordinary for an order requiring the guardian to appear and submit 
to a settlement of his accounts. Such citation shall be served as 
other citations, and shall be returnable to a regular term of the 
court. If the guardian fails or refuses to appear as cited, the court 
may proceed ex parte. 

See general note at end of Chapter. 

Settlements between guardian and ward, with full knowledge, binding: 59 
Ga. 793. Right of appeal where the ordinary has given judgment for the ward 
for money, under citation for settlement: 45 Ga. 478. Judgment for money 
found to be due by guardian to his ward on settlement before ordinary, must 
be collected by execution : 58 Ga. 70. Where acknowledging service to a cita- 
tion of the guardian out of the county did not give the court of ordinary juris- 
diction: 48 Ga. 491. Where a compromise with a guardian, while a suit was 
pending for a settlement, did not bind: 48 Ga. 555-560. Section cited, and is 
not contrary to any clause of the State or United States Constitution : 54 Ga. 
180. In suing, guardian may introduce tax returns to show assets : 56 Ga. 304. 
Rule for compounding interest against guardian : 61 Ga. 554. Wrongful set- 
tlement by guardian with his successor will not avail him : 61 Ga. 140. 

At majority of ward the relation of guardian and ward ceases, except for 
purposes of settlement : 69 Ga. 599. 

Petition of ward citing guardian to settlement here was in substantial com- 
pliance with this section : 69 Ga. 724. 

Cited in connection with distinction drawn between this case and 52 Ga. 15 : 
69 Ga. 734. 

Testamentary trustee, under terms of will here, could settle with minor 
beneficiary when she married, but compromise of her rights did not bind her: 
74 Ga. 187. 

§2558. (1840.) At instance of the guardian. The guardian shall, in 
like manner, be allowed to cite his ward, or a new guardian, to 
appear and be present at a settlement of his account. 

Read in connection with section 2565: 72 Ga. 419. See also 74 Ga. 187. 

§2559. (1841.) Duty of the court. Upon the return of such cita- 
tion, the court shall proceed to examine all the returns and accounts 
of such guardian; to hear all evidence which may be produced by 
either party; and to make a full, fair and final settlement between 
such guardian and his ward, making a full record of such final 
settlement. 

In settlement with the ward, the guardian may show all reasonable dis- 
bursements and expenses: 55 Ga. 89, 90. Administrator also a guardian, set- 
tling with himself by taking notes as money, equivalent to conversion: 59 
Ga. 213. 



§§2500-2565 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 3. 276 

Settlement of guardian, resignation, and letters dismissory. 

Guardian receiving Confederate money in good faith, is liable for its value 
when received, if he mixed it with his own funds: 67 Ga. 467. See also 52 
Ga. 600; 54/291. 

Application to remove cause to United States Court, after appeal from 
court of ordinary to superior court, held too late: 68 Ga. 394. 

§2560. (1842.) Continuance. The court may allow such continu- 
ances as the principles of justice require. 
$3316. §2561. (1843.) Proceedings. Such other proceedings may be had 

in the case as are usual in other causes in said court. 

§2562. (1844.) Power of ordinary. It shall be in the power of the 
ordinary to order any property in the hands of the guardian to be 
delivered to the ward or the new guardian, and also to issue an exe- 
cution for any balance of money found due by the guardian to the 
ward. If the ward does not appear, the court may pass an order 
stating the balance found due from the guardian, which balance 
shall not bear interest from that date until demanded by the ward 
or new guardian. 

Section cited and construed : 58 Ga. 72. Section cited : 54 Ga. 180. 

Courts of ordinary, as to orders in such cases, are of general jurisdiction, 
and jurisdictional facts need not appear: 69 Ga. 724. 

Cited in connection with distinction drawn between this case and 52 Ga. 15: 
69 Ga. 734. 

$3944. §2563. (1845.) Enforcement of decision. If the guardian shall fail 

or refuse to deliver to the ward the property in his hands, ordered 
to be delivered by the court, the ordinary shall have power to attach 
him for contempt, and imprison him in the common jail until he 
shall comply with such order, such proceedings to be had in the 
issuing of such attachments as are usual in courts of equity. 

When not liable, under the circumstances, to an attachment: 33 Ga. 271. 
When a judgment for money was enforceable by execution, and not by aproc- 
ess for contempt: 58 Ga. 70-72. 

Cited in connection with distinction drawn between this case and 52 Ga. 15 : 
69 Ga. 734. 

Aet 9 i8!S4 §2564. (1846.) Final receipts. Any guardian, by having his final 

Cobb, 329. receipt from his ward attested by a judge, justice of the peace, or 
notary public, may cause the same to be recorded by the clerk of 
the superior court of the county of his residence, and the original, 
or a copy thereof, shall be admitted in evidence on the same terms 
as registered deeds. 

Where defendant's answer acknowledging he had not made regular returns 
cast suspicion on the settlement: 6 Ga. 419. Where receipt by ward to 
guardian in full did not convey title to him: 46 Ga. 284, 291. When receipt 
by guardian to administrator did not estop the wards repudiating it when 
they discovered the true circumstances: 46 Ga. 101. 

$$8|io,2558, §2505. (1847.) Right of ivard to reopen settlement. No final settle- 
ment made between the guardian and ward shall bar the ward, at 



277 THIRD TITLE.— CHAP. 3, ART. 1, SEC. 3. §§2566, 2567 

Settlement of guardian, resignation, and letters dismissory*. 

any time within four years thereafter, from calling the guardian to 
a settlement of his accounts, unless it is made to appear that the 
same was made after a full exhibit of all the guardian's accounts, 
and with a full knowledge by the ward of his legal rights. 

Binding if there was neither mistake, fraud, nor imposition; 20 Ga. 7. 
To bind infants by settlement made by administrator with their guardian, 
it must not have been fraudulent; as to permitting the bar of the statutes: 
27 Ga. 78. Where settlement not opened by bill in equity after lapse of 
time: 29 Ga. 194. When settlement conclusive on the ward, when it is done 
while fully cognizant of the facts: 59 Ga. 793. 

Eeceipt in full acquiesced in four years, prima facie binding on ward. If 
settlement made out of court, guardian should show condition of estate, 
to what extent: 68 Ga. 741. 

This refers, not to final settlement in the court, but only to settlements 
between the parties : 72 Ga. 412. 

Read in connection with section 2558 : 72 Ga. 419. 

Sections 2565 and 3785 construed in pari materia; former does not embrace 
fraudulent settlement ; latter does: 74 Ga. 187. Citing 24 Ga. 573. 

Adult ward settling with guardian after full exhibit and with full knowl- 
edge, bound: 74 Ga. 187. 

§2566. (1848.) Resignation of guardian. Any guardian who, from A q*^ 50 3 ' 39 
age, infirmity, removal from the county, or for any other cause, ^p Ct f<; 1853 " 4, 
desires to resign his trust as such, may apply to the ordinary hav- 1 ^ 7 ' pp - 60 ' 
ing jurisdiction of the trust, setting forth the reasons therefor, and §§ 3515 ' 3403 - 
also the name of some suitable person willing to accept the trust; 
whereupon the ordinary shall cite such person, and also the nearest 
of kin of such ward, to appear at the next term of said court, and 
if the ordinary shall be satisfied that such change of guardians will 
not be detrimental to the interest of the ward, and no good cause is 
shown against it, he shall grant the prayer of the applicant, dis- 
charging him from his trust on the following condition, viz.: that 
he shall forthwith deliver all property and pay all money held by 
him as such guardian, upon a fair settlement of his accounts, to his 
successor ; and upon the filing of the evidence of such settlement, 
and the receipt in full of his successor, the guardian shall be dis- 
charged from his said trust. The ward shall have the privilege, 
within five years after he comes of age, to reopen such settlement 
and call for an account. 

Can make no new appointment until the other guardian' s place is va- 
cated, by death, removal, or in some other way. 6 Ga. 432. Settling after 
resignation ; the allowing to resign is no judgment of settlement of accounts: 
52 Ga. 600, 604. Where guardian cannot relieve himself by turning over to his 
successor debts due to him from the successor: 61 Ga. 138-140. 

Citation for settlement, by new guardian against former guardian, in nature 
of devastavit; for acts prior to June, 1865, barred in 1870: 67 Ga. 466, 467. 

§2567. (1849.) Letters of dismission. Letters of dismission m &y f^ 3 -^ 
be granted by- the ordinary to any guardian, upon his compliance ^Ysso 24 ' 
with the following provisions : Cobb ' 34 °- 



§§ 2568-2570 THIRD TITLE.— CHAPTER 8, ARTICLE 2. 278 

Guardians of lunatics, idiots, and persons non compos mentis. 

Letters of dismission are a bar as to matters covered by them unless set 
aside for fraud or other good reason : 72 Ga. 412. 

1. An application in writing, setting forth his full discharge of 
the duties of his trust. 

2. An examination of his accounts and vouchers by the ordinary, 
to verify the truth of the petition. 

Duty of ordinary to examine vouchers and verify account, whether objec- 
tions filed or not : 76 Ga. 446. 

3. The publication of such application once a week for four weeks 
in the public gazette where the legal notices of the ordinary's office 
are usually published. 

Section cited ; guardian of free person of color appointed prior to abolish- 
ment of slavery, the ordinary could not dismiss in 1868: 64 Ga. 37. 

4. The examination of any objections filed, and the proof to the 
ordinary that the ward is of age. 

^odd 26 324 §2568. (1850.) Disposition of money, etc., in hand. If it shall ap- 
A Cobb 40 33" P ear that such guardian has in his hands any money, property, or 
effects of his ward, the ordinary may cause the same, if money, to 
be deposited in some solvent bank, and if other property, to be de- 
livered to some proper person to be appointed by the ordinary, un- 
der such restrictions as he may deem best for the preservation of the 
property, and then grant the letters dismissory; or the ordinary may, 
if he sees proper, pass an order requiring the guardian to retain the 
funds in his own hands at an interest not exceeding four per cent, 
per annum, his sureties being still responsible therefor. 
Act 1858, §2569. (1851.) Ward dying, guardian shall act as administrator. 
When a ward shall die intestate, pending his minority, the guardian 
shall proceed to distribute his estate in the same manner as if he 
had been appointed administrator upon such estate, and the sureties 
on his bond shall be responsible for his faithful administration and 
distribution of such estate. 

Section cited and construed : 62 Ga. 574-580. As heirs of a deceased brother, 
the wards could also recover from the guardian : 55 Ga. 90-92. Guardian of a 
deceased lunatic is also his administrator — on Act of 1858 and section 1862 : 
33 Ga. 452. 

Not applicable where ward dies after coming of age, although he had never 
had settlement with guardian : 69 Ga. 599. 



ARTICLE 2. 

GUARDIANS OF LUNATICS, IDIOTS, AND PERSONS NON COMPOS MENTIS. 

A cVb 18, u2 §2570. (1852.) For whom guardians may be appointed. The ordi- 

Act, i45 840, nar i es °f the several counties of this State may appoint guardians 

$1366. for the following persons, viz.: Idiots, lunatics, and insane persons, 

and deaf and dumb persons when incapable of managing their es- 



279 THIRD TITLE.— CHAPTER 3, ARTICLE 2. §§2571-2573 



Guardians of lunatics, idiots, and persons non compos mentis. 



tates, habitual drunkards, and persons imbecile from old age or 
other cause, and incapable of managing their estates. 

Commissioner of a lunatic not known here, and there is no law for attach- 
ing lunatic's property through him : 52 Ga. 24-29. Section cited : 59 Ga. 680. 
Guardian of a lunatic can sue in his own name for conversion of a lunatic's 
property : 21 Ga. 447. 

Cannot appoint guardian for lunatic of another State — his_estate in Geor- 
gia administered by court of equity : 95 Ga. 357. 

§2571. (1853.) Oath and bond, powers and duties. Guardians so 
appointed shall take the same oath and give a like bond with guard- 
ians of minors, and their powers, duties, and liabilities shall be 
the same, and be exercised under the same rules and regulations. 

Guardian cannot be deprived of ward's effects during insanity, unless let- 
ters first revoked and successor appointed : 89 Ga. 657. 

§2572. (1854.) Wife may be guardian. The wife shall, in all A ^^J 8 £ 42 _ 
cases, be entitled to the preference to the appointment as guardian, 
and her bond and all acts as guardian shall be held and construed 
as if she were a feme sole. 

§2573. (1855.) Examination of capacity to manage his estate. Upon A c*^ 4 £ 43 _ 
the petition of any person, on oath, setting forth that another is ^covJ^ms. 
liable to have a guardian appointed (or is subject to be committed Act j 5 | 855 " 6 ' 
to the Lunatic Asylum of this State), the ordinary, upon proof that ^H' p ' 70 ' 
ten days notice of such application has been given to the three 
nearest adult relatives of such person, or that there is no such rela- ^^^ ^ / „ X \ 
tive within this State, shall issue a commission directed to any 
eighteen discreet and proper persons, one of whom shall be a 
physician, requiring any twelve of them, including the physician, to 
examine by inspection the person for whom guardianship (or com- 
mitment to the Asylum) is sought, and to hear and examine 
witnesses on oath, if necessary, as to his condition and capacity to 
manage his estate, and to make return of such examination and 
inquiry to the said ordinary, specifying in such return under which 
such classes they find said person to come. Such commission shall 
be sworn by any officer of this State authorized by the laws of this 
State to administer an oath, well and truly to execute said commis- 
sion to the best of their skill and ability, which oath shall be 
returned with their verdict. 

Strictly construed with reference to the ten days notice here required: 
64 Ga. 301 The physician spoken of is one licensed by the board of this State : 
17 Ga. 595-597. Section cited and construed ; evidence on the trial : 59 Ga. 
675-680. Irregularity in proceeding will not vitiate : 21 Ga. 447. Law does 
not require proceedings hereunder to be recorded ; entering up judgment, 
where verdict is in favor of sanity, unnecessary: 82 Ga. 686. Lunatic with- 
out guardian may sue by next friend, whether commission has issued or not: 
89 Ga. 645. 



§§2574-2579 THIRD TITLE.— CHAPTER 3, ARTICLE 2. 280 

Guardians of lunatics, idiots, and persons non compos mentis. 

A cob5 4 343 §2574. (1856.) Return and appointment. Upon such return find- 
°Anaiysis i Q § ^ ne person to be as alleged in the petition, or within either of 
p. 684. ga j(j c i asseSj the ordinary shall appoint a guardian for him or com- 
mit him to the Lunatic Asylum. 
A cobb 34 343 §2575. (1857.) Appeal. The applicants for a commission, or the 
person for whom the guardianship is sought, or any friend or rela- 
tive for him, dissatisfied with the return of the committee, may, 
upon paying all costs, and giving bond and security for all future 
costs and damages, within four days after the report has been acted 
on by the ordinary, enter an appeal to the superior court of the 
county, where the issue shall be submitted to a special jury, 
selected as in other cases; but the guardian appointed by the ordi- 
nary shall act as such pending the litigation. 

Lunatic may enter an appeal in a lucid interval ; guardian ad litem for : 
19 Ga. 581. Judgment against lunatic not void, but voidable, although refuses 
to act on appointment : 23 Ga. 168. 

§2576. (1858). Second application. When one application for 
guardianship under this article has failed upon the merits, the 
ordinary shall not issue a second commission, unless the petition is 
verified by at least three respectable disinterested neighbors, in addi- 
tion to the oath of the applicant. 

§2577. (1859.) Witnesses. The ordinary may issue subpoenas for 
witnesses to appear before the commission thus appointed, and on 
their failure to appear, the ordinary may take the same steps to 
compel attendance as if the proceeding was before his court. 

^hq 8956 ' §2578. (1860.) Proceedings to end a commission. Any person for 
whom a guardian is appointed under this Article, upon restoration 
to sanity and capacity, may personally or by attorney petition the 
ordinary, setting forth the fact and praying the revocation of such 
guardianship. Upon such petition the ordinary may examine into 
the truth thereof, and if satisfied of its truth, and the guardian con- 
senting thereto, the ordinary shall grant the prayer and order the 
guardian forthwith to deliver over to such person his property, 
money and effects. 

A p ct ^ a55 " 6 ' §2579. (1861.) Issue, how made and tried. If the ordinary is not 
satisfied as to the truth of the petition, or the guardian or any rela- 
tive of the applicant objects to the revocation of the letters, the 
ordinary shall require the sheriff to summon eighteen men, compe- 
tent to serve as jurors, to appear before said ordinary on a day 
specified, any twelve of whom, being duly sworn, shall constitute a 
jury before whom shall be tried the issue as to the truth of the 
application; upon a verdict affirming its truth, the ordinary shall 
grant the prayer and order above specified. 

Judgment on issue tried only conclusive as to his condition at the time of 
such judgment: 23 Ga. 267. 



281 THIRD TITLE.— CHAPTER 3, ARTICLE 2. §§2580-2583 

Guardians of lunatics, idiots, and persons non compos mentis. 

§2580. (1862.) Other provisions same as general guardians. All the 
provisions made in this Code as to the settlements of guardians of 
minors, their resignation, letters of dismission, and distribution of 
the estates of deceased wards, shall apply to guardians appointed 
under this Article. 

Under this section, is administrator of deceased lunatic: 33 Ga. 453. 

§2581. (1863.) Confining ward. Guardians of insane persons are 
authorized to confine them, or place them in the Asylum, if such a 
course is necessary either for their own protection or the safety of 
others ; and a guardian willfully failing to take such precaution with 
his ward shall be responsible for injuries inflicted on others by such 
ward. 

§2582. (1864.) Proceedings by third persons. When there is no^^ 3 ^ 
guardian for an insane person, or the guardian, on notice, refuses Act | 2 1866 ' 
or fails to confine his ward, and any person shall make oath that \Hl' 9 ' p 4 - 3 77 - 
such insane person, for public safety or other good and sufficient 
reason, should not longer be left at large, the ordinary, or in his ab- 
sence from the county, or when he is unable to act for any cause, 
the judge of the superior court before whom said oath is made, shall 
issue a warrant as in criminal cases for the arrest of such insane per- 
son, to bring him before him on a day specified; and said ordinary, 
or in his absence from the county, or when he is unable to act for 
any cause, the judge of the superior court, on an investigation of the 
facts, may commit such insane person to the Lunatic Asylum, and if 
necessary, cause him to be temporarily committed to jail until he 
can be removed to the Asylum; and the expense of such confinement 
and the proceedings shall be paid out of the estate of such insane 
person, if any, and if none, out of the county funds. The fees of 
the ordinaries of the several counties of this State, for making out 
commissions of lunacy and all other services connected therewith, 
shall be five dollars and no more; and the fees of sheriffs and bail- 
iffs, for summoning juries and other services connected with cases 
of lunacy, shall be three dollars and no more. 

County not liable for maltreatment of one jailed hereunder; jailer and 
sheriff are : 74 Ga. 818 ; see also 72 Ga. 188. 

§2583. (1864 a.) Expenses of proceedings, hoiv paid. It shall be the Aetsisso-i, 
duty of each ordinary of this State to draw his warrant upon the^ 8 *- 
treasurer of his county for such sum or sums as shall be actually nec- 
essary or requisite to defray the expenses of trying every commission 
of lunacy, and of carrying or conveying such insane person from such 
county to the State Lunatic Asylum, when such insane person shall 
be lawfully committed to such Asylum: Provided, that no money 
shall be drawn from the county treasury for the purposes herein set 
forth, where the estate of such insane person is sufficient to defray 
such expenses. 



§§2584-2587 THIRD TITLE.— CHAPTER 3, ARTICLE 2. 282 

Guardians of lunatics, idiots, and persons non compos mentis. 

County not chargeable with hack-hire of sheriff in executing lunacy war- 
rant issued by ordinary ; authority to incur and pay such expenses is in 
ordinary : 82 Ga. 783 ; see 55 Ga. 252. 

^^J 884 " 5 ' §2584. Appointed without trial when in Asylum. The ordinaries of 
the several counties of this State are authorized to appoint guard- 
ians for idiots, lunatics, and insane persons, without a trial, as in 
section 2573, whenever it shall be made to appear to them that such 
idiot, lunatic or insane person is in the Lunatic Asylum upon com- 
mitment thereto, or when it is shown by the certificate of the super- 
intendent of the lunatic asylum in which the party is confined, that 
such person is hopelessly insane, and it is necessary for such idiot, 
lunatic or insane person to have a guardian to take charge of his 
property. 

§2585. Rules governing such guardians. Such guardians shall be 
appointed under the same rules and regulations as govern the ap- 
pointment of guardians for minor children, and the ordinary of the 
county where such idiot, lunatic or insane person lived at the time 
he was sent to the Asylum shall have jurisdiction of the appoint- 
ment of such guardian. 

4 ) ct | 9 1882 " 3, §2586. Physicians to be on jury. Physicians actually engaged in 
the practice of their professions shall be liable to serve as jurors in 
the examinations of persons for whom guardianship or commitment 
to the Lunatic Asylum is sought, and nothing in this Code shall be 
construed to exempt such physicians from jury duty in such exam- 
ination of said persons. 

4 ) ct | 1887, §2587. Pay of jurors in lunacy trials. Ordinaries, upon the trial of 
cases of lunacy, shall draw their warrant upon the' county treasurer 
in favor of each juror serving at such trial, for one dollar for each 
day such juror shall serve, which amount the county treasurer shall 
pay out of the funds in his hands levied to pay jurors, or any other 
funds not otherwise appropriated. 

General Note on Guardians op Lunatics, Etc. — Proof of insanity by opin- 
ion of physicians in a will case : 6 Ga. 324. Not proved by the reputation of 
a neighborhood : 6 Ga. 287. Not proved by the opinions of ordinary persons, 
unless they give the facts on which they base it: 7 Ga. 484. Inquisition as 
proof of lunacy in testator, which being once found, presumed to continue: 11 
Ga. 338. When the finding as insane is not conclusive : 23 Ga. 267. Guardian 
of a lunatic may bring trover in his own name as guardian for property be- 
longing to his ward which has been converted since his appointment : 21 Ga. 
447. Appointment of an inquisition conclusive, when : 21 Ga. 447. Judgment 
against lunatics not void but voidable: 23 Ga. 168. Ordinary should first as- 
certain the habits of one he appoints guardian of a lunatic or idiot : 44 Ga. 485. 
Evidence of insanity, reasons for opinions, declarations of testator, when not 
admitted : 59 Ga. 675. 

Contracts of drunkards ; see note to section 3654. See also note to section 
3652. 

Guardian cannot be deprived of ward's effects during insanity, unless letters 
first revoked and successor appointed : 89 Ga. 657. 



283 THIRD TITLE.— CHAPTER 3, ARTICLE 3. §§2588-2592 

Foreign guardians. 

ARTICLE 3. 

FOREIGN GUARDIANS. 

§2588. (1865.) Foreign guardian may recover property, etc. When a^obbfka. 
minor, idiot, lunatic or insane person resides in another State, and A ^^g' 41 
by any reason is entitled to property in the hands of any executor, Act f 4 6 855 " 6, 
administrator, trustee or guardian within this State, and there is no 
sufficient reason why such property should not be transferred to a 
guardian appointed under the laws of such other State, the same may 
done be in the following manner : 

As to transfer of trust estate out of hands of Georgia trustees to trustees in 
State where beneficiaries reside : 95 Ga. 683. 

1. The foreign guardian shall give bond (with good security) to 
the proper authority in his own State, for the faithful execution of 
such guardianship, in double the amount of the value of the prop- 
erty in this State, over and above the sum in which he may be bound 
for the guardianship of property then in that State. 

2. He shall produce to the ordinary to whose court such executor, 
administrator, trustee or guardian is bound to make returns, an ex- 
emplification, authenticated as required by the Act of Congress, 
showing that he has complied with the above condition, and having 
also the certificate of the proper officer as to the sufficiency of the 
security to his bond. 

3. He shall give twenty days notice to such executor, administra- 
tor, trustee or guardian, of such intended application. 

§2589. (1866.) Order of ordinary. Upon compliance with these ^obtfki. 
conditions, the ordinary may order a transfer of all such ward's A p ct f 2 851 " 2 ' 
estate to the foreign guardian, and may order the sale of any real 
estate, if necessary for settlement with such foreign guardian. If 
there exists any reason why such estate, or any portion of it, should 
not be removed from this State, the ordinary may hear any one in- 
terested in the question, and refuse the order in his discretion. 

§2590. (1867.) Discretion of ordinary . The exemplification and cer- ^^q^ 51 " 2 ' 
tificate produced by the foreign guardian shall not be conclusive, 
but the court may hear evidence as to the fitness and competency of 
the guardian for his trust, or the sufficiency of his security, or any 
other matter or thing going to show the impropriety of granting the 
order asked for, and in his discretion the ordinary may refuse such 
order. 

§2591. (1868.) Receipt. The receipt of the foreign guardian under 
such order shall be a sufficient voucher for the trustee in Georgia. 

§2592. (1869.) Enforcing order. The court may enforce such order ^^fabo 
in the same manner as provided in cases of settlements made with 
guardians, and the foreign guardian, after such order, may sue for 



§§ 2593-2597 THIRD TITLE.— CHAPTER 3, ARTICLE 3. 284 

Foreign guardians. 

the property of his ward in the possession of any person, in any 
court of law or equity in this State. 

§2593. (1870.) Removal of guardian and ward, etc. If any guard- 
ian appointed in this State shall desire to remove to another State 
and carry his ward with him, before removing the person or prop- 
erty of his ward, he shall, in the proper court of his intended 
domicile, first comply with all the conditions required in the pre- 
ceding sections of a foreign guardian, and obtain the order of the 
ordinary consenting to such removal. 
Acts'i895 §2594. Foreign guardian or trustee, may sue. Any guardian or 
p. 85. trustee who resides out of this State, and who is regularly appointed 
as such in the State in which he resides, may institute his suit in 
any court in this State to enforce any right of action or recover any 
property belonging to his ward or cestui que trust, or accruing to said 
guardian or trustee as such. 
Acts^i895, §2595. Copy of letters to be filed. Pending the action a properly 
authenticated exemplification of the letters of guardianship, or of 
the appointment as trustee, shall be filed with the clerk of the 
court, to become a part of the record, provided the cause is pending 
in a court of record. If it be a summary process, the exemplifica- 
tion shall be filed with the papers. 

§2596. Resident parties protected. If any citizen of this State is 
interested as creditor, heir or legatee in the estate of which such 
guardian or trustee is the representative, he may, by application to 
the proper court, compel such foreign guardian or trustee to protect 
his interest according to equity and good conscience, before removing 
such assets beyond the limits of this State. 

§2597. Foreign guardian or trustee may sell. Any guardian or trus- 
tee who resides in any other State shall be, and he is, hereby 
authorized to sell and convey any property of his ward or cestui que 
trust, lying or being in this State, under the same rules and regula- 
tions as are now prescribed for the sale and conveyance of real 
estate by executors, administrators, guardians, or trustees of this 
State: Provided, such foreign guardian or trustee shall file and have 
recorded in the ordinary's or other proper office, at the time of mak- 
ing his application for sale, an authenticated exemplification of his 
letters of guardianship, or of his appointment as trustee, and shall 
also file with the ordinary or other proper authority bond with good 
and sufficient security, in double the value of the property to be 
sold, for the faithful execution of such guardianship, or trusteeship, 
as required by law. 

General Note on Foreign Guardians. — A non-resident guardian may sue 
in the courts of this State: 25 Ga. 58. But cannot sue when both ward and 
guardian become residents of this State, his foreign letters of guardianship 
thereby abating: 26 Ga. 537. When a foreign guardian may bring a bill in 



285 THIRD TITLE.— CHAPTER 3, ARTICLE 3. § 2597 



Foreign guardians. 



equity here to recover expenses, and for the having suitable sums placed in 
court for them : 23 Ga. 489. 

General Note on Guardian and Ward. — Ad litem, when husband could not 
be a substitute for : 59 Ga. 730. Order appointing one for a minor placed upon 
the minutes nunc pro tunc: 27 Ga. 555. Infant should appear by: 13 Ga. 467. 

Agent of guardian had authority, under Act of December 11th, 1862, to re- 
ceive Confederate interest-bearing notes for a debt due the ward: 56 Ga. 410. 

Compromise, courts will favor family compromise of even doubtful rights, 
when fairly made: 12 Ga. 121. Property surrendered under, terms to guardian 
cannot be recovered back in trover by the ward : 12 Ga. 121. Where no com- 
promise by the guardian with minor ward marrying after the Act of 1866, es- 
pecially if done while suit pending against the guardian for the ward, and no 
order of court for such settlement : 48 Ga. 560. 

Confederate money, order to invest in : 54 Ga. 605 ; 59/213. Loaning out Con- 
federate money without order of court since the Code renders the guardian 
liable : 39 Ga. 96. Order of court on 7th of March, 1864, to invest in Confeder- 
ate securities, and the guardian doing so is protected : 54 Ga. 605. Burden of 
proof on the guardian to show how the funds went into Confederate money : 
52 Ga. 600; 59/213. Prior to 1863 guardian could lend the ward's money, and 
through his agent receive Confederate interest-bearing notes in payment : 56 
Ga. 410. 

Contract between guardian and ward for the latter to settle property on 
their illegitimate child, is not per se void : 28 Ga. 136. When there would have 
been a novation of the contract, and evidence wrongly ruled out: 41 Ga. 
579, 580. 

Corpus of ward's property encroached on only by order of the ordinary : 55 
Ga. 92, 93 ; 59/795. 

Debts, on a bill by the ward to recover a trust fund from a former guardian, 
he may show that it was contracted before, but paid off after his dismission: 
1 Ga. 475. Mother as guardian by nature cannot fraudulently discharge a 
mortgage debt as against the cestui que trust: 6 Ga. 401. 

Diligence, to excuse guardian from loss, such diligence as is used in one's 
own business is required generally, but here the guardian was circumscribed 
by the terms of the will : 42 Ga. 135. 

Election , ward may have, between the fund and the land, when : 48 Ga. 554, 
560. 

Estoppel, party estopped from denying his guardianship in a case where he 
contracts as such, and leads others to so believe and act with reference to: 14 
Ga. 185. Persons acting without notice on an irregular decree made for the 
minor's benefit, are protected : 53 Ga. 514. Wards not estopped by the act of 
the guardian where their guardian receipts the administrator for their portion 
wrongfully : 46 Ga. 101. Railroad in a suit by the guardian for dividends due 
the ward cannot plead payment to another not authorized to receive it : 46 Ga. 
538. Unproductive suit on a guardian's bond does not estop the ward from re- 
covering property from a third party with notice: 55 Ga. 21. Minor heirs not 
estopped by receipt of guardian who, without notice, accepts proceeds of un- 
authorized sale : 90 Ga. 556. 

Guardian, where the executor and not the guardian must sue to recover 
property for the ward : 20 Ga. 783. Where in case of an executed trust the 
guardian's right to property was superior to that of the trustee: 26 Ga. 148; 
32/264. Who charges himself with amounts received from himself as admin- 
istrator, as cash, cannot plead in action against him as guardian that in fact it 
consisted of notes : 57 Ga. 226. Wild land tax Act of 1874 bound minor who 
then had guardian ; "legal representative" included guardian: 89 Ga. 793. 



2597 THIRD TITLE.— CHAPTER 3, ARTICLE 3. 286 

Foreign guardians. 

Homestead of minors by their guardian, and injunction by the guardian to 
prevent the sale of, sustained : 47 Ga. 668-670, 671. Guardian of one minor is 
the head of a family and entitled to a homestead : 59 Ga. 629. Guardian fraud- 
ulently taking a homestead for himself in the property of the ward, does not 
thereby render himself liable to an attachment : 58 Ga. 72. 

Implied trust, when the guardian wrongfully purchases property with the 
funds of the ward, it can be recovered back by ward in court of law: 46 Ga. 
284. When the claim of the ward is superior to a judgment against the guard- 
ian where he wrongfully appropriates the ward's effects: 54 Ga. 691. On 
wrongful appropriation of ward's property, he can by next friend elect to take 
either the fund or the property : 48 Ga. 554. 

Interest, when compound interest against the guardian allowed : 45 Ga. 520- 
525. As to compounding interest against an administrator or trustee : 59 Ga. 
582. Guardian qualifying in 1860, not affected by temporary legislation on com- 
pounding interest during the war: 61 Ga. 554. 

Jurisdiction of the ordinary over guardian not appointed by him, not waived 
by acknowledgment of service of the citation : 48 Ga. 491. 

Lands, investments of ward's money in, by order of the court, must be done 
in good faith : 32 Ga. 266. Where decree of court could not be said to estop 
minors as to sale of their land : 59 Ga. 730. 

Limitation of suit on guardian's bond is the same as in relation to sealed 
instruments: 10 Ga. 66. Act of 1869, when it does not apply to guardians: 45 
Ga. 478. How applicable to administrators: 57 Ga. 459-467. 

Marriage of guardian with ward, to recover against the husband for her con- 
tracts for necessaries dum sola, she must be joined in the suit: 13 Ga. 467. 

Necessaries, guardian has the same right to judge of, for ward, as a father for 
his child : 11 Ga. 607. 

Notes, assignment of, by guardian to purchaser, gives good title : 33 Ga. 372. 
A note given by a guardian individually cannot bind his ward's estate : 39 Ga. 
130-133. When the individual note of guardian was taken in settlement by 
husband and wife, it is a novation of the contract and destroys its original fidu- 
ciary character : 45 Ga. 489-493. 

Novation, when the guardian receipts for his own debt due the estate as 
part of the ward's share, it is anew contract: 41 Ga. 580. When taking new 
notes and security is not a novation : 45 Ga. 356. When a note is a novation of 
a contract : 45 Ga. 489. 

Payment to natural guardian who has given no bond is no protection : 46 
Ga. 538-543. Such money wrongfully paid can be recovered back : 46 Ga. 557. 

Removal, after the ward arrives at the age of fourteen years: 48 Ga. 491. 

Rent, rule as to charging for, against guardian ; he should be allowed for the 
value of improvement, etc. : 29 Ga. 82. 

Receipt, for money, when novation of the original contract: 41 Ga. 579. 
Whether the receipt was in full was a question for the jury : 27 Ga. 78. 

Returns, when the returns as administrator are not admissible to charge 
him as guardian : 59 Ga. 213. 

Sales judicial, purchaser of property sold at guardian's sale without war- 
ranty or fraud takes it with such title as the guardian could convey : 62 Ga. 
591. Of railroad stock by foreign guardian, if authorized : 53 Ga. 514. 

Settlement by guardians with administrator attacked by the ward, and if 
not full and without fraud, acquiescence does not bind the ward: 27 Ga. 78. 
Application for partial adjustment and turning over of property in kind by the 
ward of the guardian's executors within the twelve months after their qualifi- 
cation, rightfully refused : 34 Ga. 395. Between guardian and ward, the guard- 
ian may show all reasonable disbursements and expenses : 55 Ga. 90. As to 



287 THIRD TITLE.— CHAPTER 4, ARTICLE 1. §§2598-2600 

Indented servants and apprentices. 

evidence, commissions, bar of devastavit, and loss by receipt of Confederate 
money, considered in settlement: 67 Ga. 467. As to settlements generally 
with wards by guardians : 45 Ga. 489 ; 52/15 ; 55/89 ; 56/304 ; 58/70 ; 59/529, 793 ; 
61/137. Husband of female ward may, after his marriage, confirm guardian's 
acts : 20 Ga. 7. 

Solicitor, acts of, do not bind the ward where he in truth is not his solicitor, 
and obtains a decree tainted by fraud : 26 Ga. 547. 

Surety, discharge of, on guardian's bond, obtained only on petition and after 
citing guardian to appear and show cause : 56 Ga. 304. 

Tax returns by guardian, evidence of assets to charge his sureties in action 
against them on the bond : 56 Ga. 304. 

Ward, reaching majority during pendency of suit, may be made a party in 
place of the guardian : 25 Ga. 58. At fourteen, has right of choice of guardian , 
and as to judicious selection: 50 Ga. 332, 333. 

Will, when the guardian by acts of kindness is charged with procuring his 
ward to make a will in his favor by any undue influence, it should be seen to 
that these confidential relations are not abused : 21 Ga. 552, 576. Testamen- 
tary guardian cannot by will transfer the custody of his ward to another : 33 
Ga. 195. 



CHAPTER 4. 

MASTER AND SERVANT. 



ARTICLE 1. 7 V 



INDENTED SERVANTS AND APPRENTICES. 

§2598. (1871.) Indenture service. Any person of full age may bind Actsisee, 
himself for a valuable consideration to any citizen of this State f or § ff|p' 2375 ' 
a limited number of years, not exceeding five; the contract of ap- 
prenticeship shall be in duplicate, and witnessed in the same man- 
ner as deeds; the original shall be kept by the master, and the 
duplicate shall be filed and recorded either in the office of the judge 
of the county court or in the ordinary's office. 

Action in the superior court for breach of indenture of apprenticeship: 
51 Ga. 494. Where the terms of the law were not strictly complied with, and 
the party illegally held as an apprentice : 54 Ga. 159, 160. Cannot apprentice 
an illegitimate child where the mother resides in the county : 36 Ga. 440. The 
ordinary can apprentice colored children when they reside in, but their parents 
out of the county: 36 Ga. 236. Proceedings did not sufficiently conform to 
the law : 54 Ga. 160. Where the ordinary did not have the power to apprentice 
a colored child : 35 Ga. 236. 

§2599. (1879.) Minor need not sign. It shall not be necessary f or A p c p ts 6 18 8 65 ' 6 * 
the apprentice to sign the indenture of apprenticeship. 

§2600. (1880.) Master's duty. It shall be the duty of the master Acts i865-e, 
to teach the apprentice the business of husbandry, house service, or 
some other useful trade or occupation, which shall be specified in 



§§2601-2(305 THIRD TITLE.— CHAPTER 4, ARTICLE 1. 288 

Indented servants and apprentices. 

the instrument of apprenticeship; shall furnish him with protection, 
wholesome food, suitable clothing, and necessary medicine and med- 
ical attendance; shall teach him habits of industry, honesty, and 
morality; shall cause him to be taught to read English; and shall 
govern him with humanity, using only the same degree of force to 
compel his obedience as a father may use with his minor child. 

Referring to this provision : 54 Ga. 160. 

§2601. (1872.) Right of master. The master shall be entitled to 
his reasonable labor under his direction, and shall have a right of 
action against any other person who, with notice, shall employ such 
servant. If the indented servant shall have been imported by the 
master, he shall recover damages at least equal to double the amount 
per month for which such indented person contracted to serve. 

See general note at end of Chapter. 

Damages awarded for enticing away another's servants, not excessive under 
aggravating circumstances here : 75 Ga. 198. 

A^cteiseo, §2602. (1873.) Evidence of indenture. The attestation of any 
consul of the United States shall be evidence of the execution of the 
articles of indenture of apprenticeship or contract of service of such 
imported servant. 

§2603. (1874.) Rights of servants. Such indented person is entitled 
to maintenance, protection, and humane treatment; and upon proof 
to the court in which the contract was filed and recorded that he is 
denied either of them, or the consideration of his indenture, the 
court shall pass an order declaring the indenture revoked and an- 
nulled. 
Acts 1865-e, §2604. (1875.) Parents may bind out minor children. All minors 
$2542. may, by whichever parent has the legal control of them, be bound 
out as apprentices to any respectable person until they attain the 
age of twenty-one years, or for a shorter period. 

Apprenticeship of female not void when she is eighteen years old, as being 
in restraint of marriage : 65 Ga. 400. 

Master gets no higher rights than parent could legally exercise : 65 Ga. 400. 

^Ijst' 2 ' i75 ' §2605. (1876.) Ordinary may bind out in certain cases . It shall be 
^p^e.g 65 " 6 ' the duty of the judge of the county court, or the ordinary, to bind 
1875, p. 19. oll £ j n jik e manner a ]i minors whose parents are dead, or whose 
parents reside out of the county, the profits of whose estates are in- 
sufficient for their support and maintenance; also, all minors whose 
parents, from age, infirmity, or poverty, are unable to support them: 
Provided, before the judge of the county court or ordinary shall bind 
out any such minor, such judge or ordinary shall give fifteen days 
notice, by a plainly written citation, calling upon all persons inter- 
ested, to show cause why such minor should not be bound out, and 
specifying the time and place when he will pass upon the same; one of 



289 THIRD TITLE.— CHAPTER 4, ARTICLE 1. §§2606, 2607 

Indented servants and apprentices. 

which citations shall be posted on the court-house door of the county, 
and the other at some public place in the militia district in which 
said minor may then be, and shall also cause copies of said citation 
to be served upon the next of kin of said minor, if any be found in 
said county, at least ten days before the hearing, and if no next of 
kin are found in the county, then the citation to be published once 
a week, for four weeks, in the paper in which the legal advertisements 
are published; and in all such cases the judge or ordinary shall appoint 
for such minor a guardian ad litem before binding him or her out, 
which guardian ad litem shall not be the applicant nor any relation 
of his. After a full hearing such judge or ordinary may bind out 
such minor or minors, if no blood kin of said minor or minors who are 
willing and competent to undertake his support and maintenance 
appear, and if no other good cause to the contrary be shown by 
such guardian ad litem, or any other person. 

§2606. (1881.) Jurisdiction over dispute. In all controversies be- ^ ct | 1865 " 6 ' 
tween a master and his apprentice, pending the existence of the re- 
lation, the judge of the county court, or the ordinary, may exercise 
jurisdiction, and on complaint of either party, and notice to the 
other, may cause justice to be done in a summary manner. If the 
master be in default, he shall be fined, at the discretion of the court, 
not exceeding fifty dollars; and if the apprentice, the court may order 
such correction as the circumstances may demand, not extending to 
cruelty. 

Superior court has concurrent jurisdiction : 51 Ga. 494. 

§2607. (1882.) Relation, how dissolved or changed. By consent of ^i 9 ^ 5 " 6 ' 
the parties, the judge of the county court or the ordinary may dis- 
solve the relation at any time; and on the death of the master, the 
said judge, or ordinary, may either dissolve it, or substitute in place 
of the deceased his legal representative, or some member of his fam- 
ily; in which event, the person substituted, by filing a written ac- 
ceptance, shall thenceforth have all the rights, and be bound for all 
the duties, of the original master. Dissolution by consent, or for 
the death of the master, shall be subject to the sound discretion 
of the judge of the county court, or of the ordinary, as also shall 
be the selection of a successor to the master as above mentioned; 
but if no successor be designated, and his acceptance filed within 
three months after the death of the master, then the relation shall 
no longer exist. The judge of the county court, or the ordinary, 
may also dissolve the relation, at the instance of the master, for 
gross misconduct in the apprentice; or at the instance of the ap- 
prentice, or any friend of his, for cruelty in the master, or for fail- 
ure to furnish food, clothing, medicine, or medical attendance, or 
for jeopardy of the good morals of the apprentice, by reason